HB4844 Engrossed LRB103 39009 AMC 69146 b
1		AN ACT to revise the law by combining multiple enactments
2		and making technical corrections.
3		Be it enacted by the People of the State of Illinois,
4		represented in the General Assembly:
5		Section 1. Nature of this Act.
6		(a) This Act may be cited as the First 2024 General
7		Revisory Act.
8		(b) This Act is not intended to make any substantive
9		change in the law. It reconciles conflicts that have arisen
10		from multiple amendments and enactments and makes technical
11		corrections and revisions in the law.
12		This Act revises and, where appropriate, renumbers certain
13		Sections that have been added or amended by more than one
14		Public Act. In certain cases in which a repealed Act or Section
15		has been replaced with a successor law, this Act may
16		incorporate amendments to the repealed Act or Section into the
17		successor law. This Act also corrects errors, revises
18		cross-references, and deletes obsolete text.
19		(c) In this Act, the reference at the end of each amended
20		Section indicates the sources in the Session Laws of Illinois
21		that were used in the preparation of the text of that Section.
22		The text of the Section included in this Act is intended to
23		include the different versions of the Section found in the
24		Public Acts included in the list of sources, but may not

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1		include other versions of the Section to be found in Public
2		Acts not included in the list of sources. The list of sources
3		is not a part of the text of the Section.
4		(d) Public Acts 102-1119 through 103-583 were considered
5		in the preparation of the combining revisories included in
6		this Act. Many of those combining revisories contain no
7		striking or underscoring because no additional changes are
8		being made in the material that is being combined.
9		Section 5. The Regulatory Sunset Act is amended by
10		changing Section 4.39 as follows:
11		(5 ILCS 80/4.39)
12		Sec. 4.39. Acts and Section repealed on January 1, 2029
13		and December 31, 2029.
14		(a) The following Acts and Section are repealed on January
15		1, 2029:
16		The Electrologist Licensing Act.
17		The Environmental Health Practitioner Licensing Act.
18		The Illinois Occupation Therapy Practice Act.
19		The Crematory Regulation Act.
20		The Illinois Public Accounting Act.
21		The Private Detective, Private Alarm, Private
22		Security, Fingerprint Vendor, and Locksmith Act of 2004.
23		Section 2.5 of the Illinois Plumbing License Law.
24		The Veterinary Medicine and Surgery Practice Act of

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1		2004.
2		The Registered Surgical Assistant and Registered
3		Surgical Technologist Title Protection Act.
4		(b) The following Act is repealed on December 31, 2029:
5		The Structural Pest Control Act.
6		(Source: P.A. 103-251, eff. 6-30-23; 103-253, eff. 6-30-23;
7		103-309, eff. 7-28-23; 103-387, eff. 7-28-23; 103-505, eff.
8		8-4-23; revised 8-28-23.)
9		Section 10. The Illinois Administrative Procedure Act is
10		amended by setting forth, renumbering, and changing multiple
11		versions of Sections 5-45.35 and 5-45.36 as follows:
12		(5 ILCS 100/5-45.35)
13		Sec. 5-45.35. (Repealed).
14		(Source: P.A. 102-1104, eff. 12-6-22. Repealed internally,
15		eff. 12-6-23.)
16		(5 ILCS 100/5-45.36)
17		(Section scheduled to be repealed on June 7, 2024)
18		Sec. 5-45.36. Emergency rulemaking. To provide for the
19		expeditious and timely implementation of Section 234 of the
20		Illinois Income Tax Act, emergency rules implementing that
21		Section may be adopted in accordance with Section 5-45 by the
22		Department of Revenue. The adoption of emergency rules
23		authorized by Section 5-45 and this Section is deemed to be

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1		necessary for the public interest, safety, and welfare.
2		This Section is repealed on June 7, 2024 (one year after
3		the effective date of Public Act 103-9) this amendatory Act of
4		the 103rd General Assembly.
5		(Source: P.A. 103-9, eff. 6-7-23; revised 9-27-23.)
6		(5 ILCS 100/5-45.38)
7		(Section scheduled to be repealed on January 10, 2024)
8		Sec. 5-45.38 5-45.35. Emergency rulemaking. To provide for
9		the expeditious and timely implementation of Public Act
10		102-1116 this amendatory Act of the 102nd General Assembly,
11		emergency rules implementing Public Act 102-1116 this
12		amendatory Act of the 102nd General Assembly may be adopted in
13		accordance with Section 5-45 by the Illinois State Police. The
14		adoption of emergency rules authorized by Section 5-45 and
15		this Section is deemed to be necessary for the public
16		interest, safety, and welfare.
17		This Section is repealed on January 10, 2024 (one year
18		after the effective date of Public Act 102-1116) this
19		amendatory Act of the 102nd General Assembly.
20		(Source: P.A. 102-1116, eff. 1-10-23; revised 3-13-23.)
21		(5 ILCS 100/5-45.39)
22		(Section scheduled to be repealed on January 13, 2024)
23		Sec. 5-45.39 5-45.35. Emergency rulemaking; temporary
24		licenses for health care. To provide for the expeditious and

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1		timely implementation of Section 66 of the Medical Practice
2		Act of 1987, Section 65-11.5 of the Nurse Practice Act, and
3		Section 9.7 of the Physician Assistant Practice Act of 1987,
4		emergency rules implementing the issuance of temporary permits
5		to applicants who are licensed to practice as a physician,
6		advanced practice registered nurse, or physician assistant in
7		another state may be adopted in accordance with Section 5-45
8		by the Department of Financial and Professional Regulation.
9		The adoption of emergency rules authorized by Section 5-45 and
10		this Section is deemed to be necessary for the public
11		interest, safety, and welfare.
12		This Section is repealed on January 13, 2024 (one year
13		after the effective date of Public Act 102-1117) this
14		amendatory Act of the 102nd General Assembly.
15		(Source: P.A. 102-1117, eff. 1-13-23; revised 3-13-23.)
16		(5 ILCS 100/5-45.40)
17		(Section scheduled to be repealed on January 18, 2024)
18		Sec. 5-45.40 5-45.35. Emergency rulemaking; rural
19		emergency hospitals. To provide for the expeditious and timely
20		implementation of Public Act 102-1118 this amendatory Act of
21		the 102nd General Assembly, emergency rules implementing the
22		inclusion of rural emergency hospitals in the definition of
23		"hospital" in Section 3 of the Hospital Licensing Act may be
24		adopted in accordance with Section 5-45 by the Department of
25		Public Health. The adoption of emergency rules authorized by

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1		Section 5-45 and this Section is deemed to be necessary for the
2		public interest, safety, and welfare.
3		This Section is repealed on January 18, 2024 (one year
4		after the effective date of Public Act 102-1118) this
5		amendatory Act of the 102nd General Assembly.
6		(Source: P.A. 102-1118, eff. 1-18-23; revised 3-13-23.)
7		(5 ILCS 100/5-45.41)
8		(Section scheduled to be repealed on February 3, 2024)
9		Sec. 5-45.41 5-45.35. Emergency rulemaking. To provide for
10		the expeditious and timely implementation of the Invest in
11		Illinois Act, emergency rules implementing the Invest in
12		Illinois Act may be adopted in accordance with Section 5-45 by
13		the Department of Commerce and Economic Opportunity. The
14		adoption of emergency rules authorized by Section 5-45 and
15		this Section is deemed to be necessary for the public
16		interest, safety, and welfare.
17		This Section is repealed on February 3, 2024 (one year
18		after the effective date of Public Act 102-1125) this
19		amendatory Act of the 102nd General Assembly.
20		(Source: P.A. 102-1125, eff. 2-3-23; revised 3-13-23.)
21		(5 ILCS 100/5-45.45)
22		(Section scheduled to be repealed on June 16, 2024)
23		Sec. 5-45.45 5-45.35. Emergency rulemaking; Substance Use
24		Disorder Residential and Detox Rate Equity. To provide for the

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1		expeditious and timely implementation of the Substance Use
2		Disorder Residential and Detox Rate Equity Act, emergency
3		rules implementing the Substance Use Disorder Residential and
4		Detox Rate Equity Act may be adopted in accordance with
5		Section 5-45 by the Department of Human Services and the
6		Department of Healthcare and Family Services. The adoption of
7		emergency rules authorized by Section 5-45 and this Section is
8		deemed to be necessary for the public interest, safety, and
9		welfare.
10		This Section is repealed on June 16, 2024 (one year after
11		the effective date of Public Act 103-102) this amendatory Act
12		of the 103rd General Assembly.
13		(Source: P.A. 103-102, eff. 6-16-23; revised 9-27-23.)
14		(5 ILCS 100/5-45.46)
15		(Section scheduled to be repealed on January 1, 2025)
16		Sec. 5-45.46 5-45.35. Emergency rulemaking; Illinois Law
17		Enforcement Training Standards Board. To provide for the
18		expeditious and timely implementation of the changes made in
19		Sections 8.1 and 8.2 of the Illinois Police Training Act,
20		emergency rules implementing the waiver process under Sections
21		8.1 and 8.2 of the Illinois Police Training Act may be adopted
22		in accordance with Section 5-45 by the Illinois Law
23		Enforcement Training Standards Board. The adoption of
24		emergency rules authorized by Section 5-45 and this Section is
25		deemed to be necessary for the public interest, safety, and

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1		welfare.
2		This Section is repealed on January 1, 2025 (one year
3		after the effective date of Public Act 103-389) this
4		amendatory Act of the 103rd General Assembly.
5		(Source: P.A. 103-389, eff. 1-1-24; revised 9-7-23.)
6		(5 ILCS 100/5-45.47)
7		(Section scheduled to be repealed on August 4, 2024)
8		Sec. 5-45.47 5-45.35. Emergency rulemaking; Department of
9		Natural Resources. To provide for the expeditious and timely
10		implementation of Section 13 of the Human Remains Protection
11		Act, emergency rules implementing Section 13 of the Human
12		Remains Protection Act may be adopted in accordance with
13		Section 5-45 by the Department of Natural Resources. The
14		adoption of emergency rules authorized by Section 5-45 and
15		this Section is deemed to be necessary for the public
16		interest, safety, and welfare.
17		This Section is repealed on August 4, 2024 (one year after
18		the effective date of Public Act 103-446) this amendatory Act
19		of the 103rd General Assembly.
20		(Source: P.A. 103-446, eff. 8-4-23; revised 9-27-23.)
21		(5 ILCS 100/5-45.48)
22		(Section scheduled to be repealed on January 1, 2025)
23		Sec. 5-45.48 5-45.35. Emergency rulemaking; occupational
24		licenses. To provide for the expeditious and timely

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1		implementation of Public Act 103-550 this amendatory Act of
2		the 103rd General Assembly, emergency rules implementing the
3		changes made to Section 9 of the Illinois Gambling Act may be
4		adopted in accordance with Section 5-45 by the Illinois Gaming
5		Board. The adoption of emergency rules authorized by Section
6		5-45 and this Section is deemed to be necessary for the public
7		interest, safety, and welfare.
8		This Section is repealed on January 1, 2025 (one year
9		after the effective date of Public Act 103-550) this
10		amendatory Act of the 103rd General Assembly.
11		(Source: P.A. 103-550, eff. 1-1-24; revised 1-30-24.)
12		(5 ILCS 100/5-45.50)
13		Sec. 5-45.50 5-45.35. (Repealed).
14		(Source: P.A. 102-1108, eff. 12-21-22. Repealed internally,
15		eff. 12-21-23)
16		(5 ILCS 100/5-45.51)
17		(Section scheduled to be repealed on June 16, 2024)
18		Sec. 5-45.51 5-45.36. Emergency rulemaking; Medicaid
19		reimbursement rates for hospital inpatient and outpatient
20		services. To provide for the expeditious and timely
21		implementation of the changes made by Public Act 103-102 this
22		amendatory Act of the 103rd General Assembly to Sections
23		5-5.05, 14-12, 14-12.5, and 14-12.7 of the Illinois Public Aid
24		Code, emergency rules implementing the changes made by Public

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1		Act 103-102 this amendatory Act of the 103rd General Assembly
2		to Sections 5-5.05, 14-12, 14-12.5, and 14-12.7 of the
3		Illinois Public Aid Code may be adopted in accordance with
4		Section 5-45 by the Department of Healthcare and Family
5		Services. The adoption of emergency rules authorized by
6		Section 5-45 and this Section is deemed to be necessary for the
7		public interest, safety, and welfare.
8		This Section is repealed on June 16, 2024 (one year after
9		the effective date of Public Act 103-102) this amendatory Act
10		of the 103rd General Assembly.
11		(Source: P.A. 103-102, eff. 6-16-23; revised 9-27-23.)
12		(5 ILCS 100/5-45.52)
13		(Section scheduled to be repealed on December 8, 2024)
14		Sec. 5-45.52 5-45.35. Emergency rulemaking; Public Act
15		103-568 this amendatory Act of the 103rd General Assembly. To
16		provide for the expeditious and timely implementation of
17		Public Act 103-568 this amendatory Act of the 103rd General
18		Assembly, emergency rules implementing Public Act 103-568 this
19		amendatory Act of the 103rd General Assembly may be adopted in
20		accordance with Section 5-45 by the Department of Financial
21		and Professional Regulation. The adoption of emergency rules
22		authorized by Section 5-45 and this Section is deemed to be
23		necessary for the public interest, safety, and welfare.
24		This Section is repealed on December 8, 2024 (one year
25		after the effective date of Public Act 103-568) this

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1		amendatory Act of the 103rd General Assembly.
2		(Source: P.A. 103-568, eff. 12-8-23; revised 12-22-23.)
3		Section 15. The Freedom of Information Act is amended by
4		changing Sections 7 and 7.5 as follows:
5		(5 ILCS 140/7)
6		Sec. 7. Exemptions.
7		(1) When a request is made to inspect or copy a public
8		record that contains information that is exempt from
9		disclosure under this Section, but also contains information
10		that is not exempt from disclosure, the public body may elect
11		to redact the information that is exempt. The public body
12		shall make the remaining information available for inspection
13		and copying. Subject to this requirement, the following shall
14		be exempt from inspection and copying:
15		(a) Information specifically prohibited from
16		disclosure by federal or State law or rules and
17		regulations implementing federal or State law.
18		(b) Private information, unless disclosure is required
19		by another provision of this Act, a State or federal law,
20		or a court order.
21		(b-5) Files, documents, and other data or databases
22		maintained by one or more law enforcement agencies and
23		specifically designed to provide information to one or
24		more law enforcement agencies regarding the physical or

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1		mental status of one or more individual subjects.
2		(c) Personal information contained within public
3		records, the disclosure of which would constitute a
4		clearly unwarranted invasion of personal privacy, unless
5		the disclosure is consented to in writing by the
6		individual subjects of the information. "Unwarranted
7		invasion of personal privacy" means the disclosure of
8		information that is highly personal or objectionable to a
9		reasonable person and in which the subject's right to
10		privacy outweighs any legitimate public interest in
11		obtaining the information. The disclosure of information
12		that bears on the public duties of public employees and
13		officials shall not be considered an invasion of personal
14		privacy.
15		(d) Records in the possession of any public body
16		created in the course of administrative enforcement
17		proceedings, and any law enforcement or correctional
18		agency for law enforcement purposes, but only to the
19		extent that disclosure would:
20		(i) interfere with pending or actually and
21		reasonably contemplated law enforcement proceedings
22		conducted by any law enforcement or correctional
23		agency that is the recipient of the request;
24		(ii) interfere with active administrative
25		enforcement proceedings conducted by the public body
26		that is the recipient of the request;

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1		(iii) create a substantial likelihood that a
2		person will be deprived of a fair trial or an impartial
3		hearing;
4		(iv) unavoidably disclose the identity of a
5		confidential source, confidential information
6		furnished only by the confidential source, or persons
7		who file complaints with or provide information to
8		administrative, investigative, law enforcement, or
9		penal agencies; except that the identities of
10		witnesses to traffic crashes, traffic crash reports,
11		and rescue reports shall be provided by agencies of
12		local government, except when disclosure would
13		interfere with an active criminal investigation
14		conducted by the agency that is the recipient of the
15		request;
16		(v) disclose unique or specialized investigative
17		techniques other than those generally used and known
18		or disclose internal documents of correctional
19		agencies related to detection, observation, or
20		investigation of incidents of crime or misconduct, and
21		disclosure would result in demonstrable harm to the
22		agency or public body that is the recipient of the
23		request;
24		(vi) endanger the life or physical safety of law
25		enforcement personnel or any other person; or
26		(vii) obstruct an ongoing criminal investigation

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1		by the agency that is the recipient of the request.
2		(d-5) A law enforcement record created for law
3		enforcement purposes and contained in a shared electronic
4		record management system if the law enforcement agency
5		that is the recipient of the request did not create the
6		record, did not participate in or have a role in any of the
7		events which are the subject of the record, and only has
8		access to the record through the shared electronic record
9		management system.
10		(d-6) Records contained in the Officer Professional
11		Conduct Database under Section 9.2 of the Illinois Police
12		Training Act, except to the extent authorized under that
13		Section. This includes the documents supplied to the
14		Illinois Law Enforcement Training Standards Board from the
15		Illinois State Police and Illinois State Police Merit
16		Board.
17		(d-7) Information gathered or records created from the
18		use of automatic license plate readers in connection with
19		Section 2-130 of the Illinois Vehicle Code.
20		(e) Records that relate to or affect the security of
21		correctional institutions and detention facilities.
22		(e-5) Records requested by persons committed to the
23		Department of Corrections, Department of Human Services
24		Division of Mental Health, or a county jail if those
25		materials are available in the library of the correctional
26		institution or facility or jail where the inmate is

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1		confined.
2		(e-6) Records requested by persons committed to the
3		Department of Corrections, Department of Human Services
4		Division of Mental Health, or a county jail if those
5		materials include records from staff members' personnel
6		files, staff rosters, or other staffing assignment
7		information.
8		(e-7) Records requested by persons committed to the
9		Department of Corrections or Department of Human Services
10		Division of Mental Health if those materials are available
11		through an administrative request to the Department of
12		Corrections or Department of Human Services Division of
13		Mental Health.
14		(e-8) Records requested by a person committed to the
15		Department of Corrections, Department of Human Services
16		Division of Mental Health, or a county jail, the
17		disclosure of which would result in the risk of harm to any
18		person or the risk of an escape from a jail or correctional
19		institution or facility.
20		(e-9) Records requested by a person in a county jail
21		or committed to the Department of Corrections or
22		Department of Human Services Division of Mental Health,
23		containing personal information pertaining to the person's
24		victim or the victim's family, including, but not limited
25		to, a victim's home address, home telephone number, work
26		or school address, work telephone number, social security

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1		number, or any other identifying information, except as
2		may be relevant to a requester's current or potential case
3		or claim.
4		(e-10) Law enforcement records of other persons
5		requested by a person committed to the Department of
6		Corrections, Department of Human Services Division of
7		Mental Health, or a county jail, including, but not
8		limited to, arrest and booking records, mug shots, and
9		crime scene photographs, except as these records may be
10		relevant to the requester's current or potential case or
11		claim.
12		(f) Preliminary drafts, notes, recommendations,
13		memoranda, and other records in which opinions are
14		expressed, or policies or actions are formulated, except
15		that a specific record or relevant portion of a record
16		shall not be exempt when the record is publicly cited and
17		identified by the head of the public body. The exemption
18		provided in this paragraph (f) extends to all those
19		records of officers and agencies of the General Assembly
20		that pertain to the preparation of legislative documents.
21		(g) Trade secrets and commercial or financial
22		information obtained from a person or business where the
23		trade secrets or commercial or financial information are
24		furnished under a claim that they are proprietary,
25		privileged, or confidential, and that disclosure of the
26		trade secrets or commercial or financial information would

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1		cause competitive harm to the person or business, and only
2		insofar as the claim directly applies to the records
3		requested.
4		The information included under this exemption includes
5		all trade secrets and commercial or financial information
6		obtained by a public body, including a public pension
7		fund, from a private equity fund or a privately held
8		company within the investment portfolio of a private
9		equity fund as a result of either investing or evaluating
10		a potential investment of public funds in a private equity
11		fund. The exemption contained in this item does not apply
12		to the aggregate financial performance information of a
13		private equity fund, nor to the identity of the fund's
14		managers or general partners. The exemption contained in
15		this item does not apply to the identity of a privately
16		held company within the investment portfolio of a private
17		equity fund, unless the disclosure of the identity of a
18		privately held company may cause competitive harm.
19		Nothing contained in this paragraph (g) shall be
20		construed to prevent a person or business from consenting
21		to disclosure.
22		(h) Proposals and bids for any contract, grant, or
23		agreement, including information which if it were
24		disclosed would frustrate procurement or give an advantage
25		to any person proposing to enter into a contractor
26		agreement with the body, until an award or final selection

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1		is made. Information prepared by or for the body in
2		preparation of a bid solicitation shall be exempt until an
3		award or final selection is made.
4		(i) Valuable formulae, computer geographic systems,
5		designs, drawings, and research data obtained or produced
6		by any public body when disclosure could reasonably be
7		expected to produce private gain or public loss. The
8		exemption for "computer geographic systems" provided in
9		this paragraph (i) does not extend to requests made by
10		news media as defined in Section 2 of this Act when the
11		requested information is not otherwise exempt and the only
12		purpose of the request is to access and disseminate
13		information regarding the health, safety, welfare, or
14		legal rights of the general public.
15		(j) The following information pertaining to
16		educational matters:
17		(i) test questions, scoring keys, and other
18		examination data used to administer an academic
19		examination;
20		(ii) information received by a primary or
21		secondary school, college, or university under its
22		procedures for the evaluation of faculty members by
23		their academic peers;
24		(iii) information concerning a school or
25		university's adjudication of student disciplinary
26		cases, but only to the extent that disclosure would

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1		unavoidably reveal the identity of the student; and
2		(iv) course materials or research materials used
3		by faculty members.
4		(k) Architects' plans, engineers' technical
5		submissions, and other construction related technical
6		documents for projects not constructed or developed in
7		whole or in part with public funds and the same for
8		projects constructed or developed with public funds,
9		including, but not limited to, power generating and
10		distribution stations and other transmission and
11		distribution facilities, water treatment facilities,
12		airport facilities, sport stadiums, convention centers,
13		and all government owned, operated, or occupied buildings,
14		but only to the extent that disclosure would compromise
15		security.
16		(l) Minutes of meetings of public bodies closed to the
17		public as provided in the Open Meetings Act until the
18		public body makes the minutes available to the public
19		under Section 2.06 of the Open Meetings Act.
20		(m) Communications between a public body and an
21		attorney or auditor representing the public body that
22		would not be subject to discovery in litigation, and
23		materials prepared or compiled by or for a public body in
24		anticipation of a criminal, civil, or administrative
25		proceeding upon the request of an attorney advising the
26		public body, and materials prepared or compiled with

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1		respect to internal audits of public bodies.
2		(n) Records relating to a public body's adjudication
3		of employee grievances or disciplinary cases; however,
4		this exemption shall not extend to the final outcome of
5		cases in which discipline is imposed.
6		(o) Administrative or technical information associated
7		with automated data processing operations, including, but
8		not limited to, software, operating protocols, computer
9		program abstracts, file layouts, source listings, object
10		modules, load modules, user guides, documentation
11		pertaining to all logical and physical design of
12		computerized systems, employee manuals, and any other
13		information that, if disclosed, would jeopardize the
14		security of the system or its data or the security of
15		materials exempt under this Section.
16		(p) Records relating to collective negotiating matters
17		between public bodies and their employees or
18		representatives, except that any final contract or
19		agreement shall be subject to inspection and copying.
20		(q) Test questions, scoring keys, and other
21		examination data used to determine the qualifications of
22		an applicant for a license or employment.
23		(r) The records, documents, and information relating
24		to real estate purchase negotiations until those
25		negotiations have been completed or otherwise terminated.
26		With regard to a parcel involved in a pending or actually

HB4844 Engrossed - 21 - LRB103 39009 AMC 69146 b
1		and reasonably contemplated eminent domain proceeding
2		under the Eminent Domain Act, records, documents, and
3		information relating to that parcel shall be exempt except
4		as may be allowed under discovery rules adopted by the
5		Illinois Supreme Court. The records, documents, and
6		information relating to a real estate sale shall be exempt
7		until a sale is consummated.
8		(s) Any and all proprietary information and records
9		related to the operation of an intergovernmental risk
10		management association or self-insurance pool or jointly
11		self-administered health and accident cooperative or pool.
12		Insurance or self-insurance (including any
13		intergovernmental risk management association or
14		self-insurance pool) claims, loss or risk management
15		information, records, data, advice, or communications.
16		(t) Information contained in or related to
17		examination, operating, or condition reports prepared by,
18		on behalf of, or for the use of a public body responsible
19		for the regulation or supervision of financial
20		institutions, insurance companies, or pharmacy benefit
21		managers, unless disclosure is otherwise required by State
22		law.
23		(u) Information that would disclose or might lead to
24		the disclosure of secret or confidential information,
25		codes, algorithms, programs, or private keys intended to
26		be used to create electronic signatures under the Uniform

HB4844 Engrossed - 22 - LRB103 39009 AMC 69146 b
1		Electronic Transactions Act.
2		(v) Vulnerability assessments, security measures, and
3		response policies or plans that are designed to identify,
4		prevent, or respond to potential attacks upon a
5		community's population or systems, facilities, or
6		installations, but only to the extent that disclosure
7		could reasonably be expected to expose the vulnerability
8		or jeopardize the effectiveness of the measures, policies,
9		or plans, or the safety of the personnel who implement
10		them or the public. Information exempt under this item may
11		include such things as details pertaining to the
12		mobilization or deployment of personnel or equipment, to
13		the operation of communication systems or protocols, to
14		cybersecurity vulnerabilities, or to tactical operations.
15		(w) (Blank).
16		(x) Maps and other records regarding the location or
17		security of generation, transmission, distribution,
18		storage, gathering, treatment, or switching facilities
19		owned by a utility, by a power generator, or by the
20		Illinois Power Agency.
21		(y) Information contained in or related to proposals,
22		bids, or negotiations related to electric power
23		procurement under Section 1-75 of the Illinois Power
24		Agency Act and Section 16-111.5 of the Public Utilities
25		Act that is determined to be confidential and proprietary
26		by the Illinois Power Agency or by the Illinois Commerce

HB4844 Engrossed - 23 - LRB103 39009 AMC 69146 b
1		Commission.
2		(z) Information about students exempted from
3		disclosure under Section 10-20.38 or 34-18.29 of the
4		School Code, and information about undergraduate students
5		enrolled at an institution of higher education exempted
6		from disclosure under Section 25 of the Illinois Credit
7		Card Marketing Act of 2009.
8		(aa) Information the disclosure of which is exempted
9		under the Viatical Settlements Act of 2009.
10		(bb) Records and information provided to a mortality
11		review team and records maintained by a mortality review
12		team appointed under the Department of Juvenile Justice
13		Mortality Review Team Act.
14		(cc) Information regarding interments, entombments, or
15		inurnments of human remains that are submitted to the
16		Cemetery Oversight Database under the Cemetery Care Act or
17		the Cemetery Oversight Act, whichever is applicable.
18		(dd) Correspondence and records (i) that may not be
19		disclosed under Section 11-9 of the Illinois Public Aid
20		Code or (ii) that pertain to appeals under Section 11-8 of
21		the Illinois Public Aid Code.
22		(ee) The names, addresses, or other personal
23		information of persons who are minors and are also
24		participants and registrants in programs of park
25		districts, forest preserve districts, conservation
26		districts, recreation agencies, and special recreation

HB4844 Engrossed - 24 - LRB103 39009 AMC 69146 b
1		associations.
2		(ff) The names, addresses, or other personal
3		information of participants and registrants in programs of
4		park districts, forest preserve districts, conservation
5		districts, recreation agencies, and special recreation
6		associations where such programs are targeted primarily to
7		minors.
8		(gg) Confidential information described in Section
9		1-100 of the Illinois Independent Tax Tribunal Act of
10		2012.
11		(hh) The report submitted to the State Board of
12		Education by the School Security and Standards Task Force
13		under item (8) of subsection (d) of Section 2-3.160 of the
14		School Code and any information contained in that report.
15		(ii) Records requested by persons committed to or
16		detained by the Department of Human Services under the
17		Sexually Violent Persons Commitment Act or committed to
18		the Department of Corrections under the Sexually Dangerous
19		Persons Act if those materials: (i) are available in the
20		library of the facility where the individual is confined;
21		(ii) include records from staff members' personnel files,
22		staff rosters, or other staffing assignment information;
23		or (iii) are available through an administrative request
24		to the Department of Human Services or the Department of
25		Corrections.
26		(jj) Confidential information described in Section

HB4844 Engrossed - 25 - LRB103 39009 AMC 69146 b
1		5-535 of the Civil Administrative Code of Illinois.
2		(kk) The public body's credit card numbers, debit card
3		numbers, bank account numbers, Federal Employer
4		Identification Number, security code numbers, passwords,
5		and similar account information, the disclosure of which
6		could result in identity theft or impression or defrauding
7		of a governmental entity or a person.
8		(ll) Records concerning the work of the threat
9		assessment team of a school district, including, but not
10		limited to, any threat assessment procedure under the
11		School Safety Drill Act and any information contained in
12		the procedure.
13		(mm) Information prohibited from being disclosed under
14		subsections (a) and (b) of Section 15 of the Student
15		Confidential Reporting Act.
16		(nn) Proprietary information submitted to the
17		Environmental Protection Agency under the Drug Take-Back
18		Act.
19		(oo) Records described in subsection (f) of Section
20		3-5-1 of the Unified Code of Corrections.
21		(pp) Any and all information regarding burials,
22		interments, or entombments of human remains as required to
23		be reported to the Department of Natural Resources
24		pursuant either to the Archaeological and Paleontological
25		Resources Protection Act or the Human Remains Protection
26		Act.

HB4844 Engrossed - 26 - LRB103 39009 AMC 69146 b
1		(qq) (pp) Reports described in subsection (e) of
2		Section 16-15 of the Abortion Care Clinical Training
3		Program Act.
4		(rr) (pp) Information obtained by a certified local
5		health department under the Access to Public Health Data
6		Act.
7		(ss) (pp) For a request directed to a public body that
8		is also a HIPAA-covered entity, all information that is
9		protected health information, including demographic
10		information, that may be contained within or extracted
11		from any record held by the public body in compliance with
12		State and federal medical privacy laws and regulations,
13		including, but not limited to, the Health Insurance
14		Portability and Accountability Act and its regulations, 45
15		CFR Parts 160 and 164. As used in this paragraph,
16		"HIPAA-covered entity" has the meaning given to the term
17		"covered entity" in 45 CFR 160.103 and "protected health
18		information" has the meaning given to that term in 45 CFR
19		160.103.
20		(1.5) Any information exempt from disclosure under the
21		Judicial Privacy Act shall be redacted from public records
22		prior to disclosure under this Act.
23		(2) A public record that is not in the possession of a
24		public body but is in the possession of a party with whom the
25		agency has contracted to perform a governmental function on
26		behalf of the public body, and that directly relates to the

HB4844 Engrossed - 27 - LRB103 39009 AMC 69146 b
1		governmental function and is not otherwise exempt under this
2		Act, shall be considered a public record of the public body,
3		for purposes of this Act.
4		(3) This Section does not authorize withholding of
5		information or limit the availability of records to the
6		public, except as stated in this Section or otherwise provided
7		in this Act.
8		(Source: P.A. 102-38, eff. 6-25-21; 102-558, eff. 8-20-21;
9		102-694, eff. 1-7-22; 102-752, eff. 5-6-22; 102-753, eff.
10		1-1-23; 102-776, eff. 1-1-23; 102-791, eff. 5-13-22; 102-982,
11		eff. 7-1-23; 102-1055, eff. 6-10-22; 103-154, eff. 6-30-23;
12		103-423, eff. 1-1-24; 103-446, eff. 8-4-23; 103-462, eff.
13		8-4-23; 103-540, eff. 1-1-24; 103-554, eff. 1-1-24; revised
14		9-7-23.)
15		(5 ILCS 140/7.5)
16		(Text of Section before amendment by P.A. 103-472)
17		Sec. 7.5. Statutory exemptions. To the extent provided for
18		by the statutes referenced below, the following shall be
19		exempt from inspection and copying:
20		(a) All information determined to be confidential
21		under Section 4002 of the Technology Advancement and
22		Development Act.
23		(b) Library circulation and order records identifying
24		library users with specific materials under the Library
25		Records Confidentiality Act.

HB4844 Engrossed - 28 - LRB103 39009 AMC 69146 b
1		(c) Applications, related documents, and medical
2		records received by the Experimental Organ Transplantation
3		Procedures Board and any and all documents or other
4		records prepared by the Experimental Organ Transplantation
5		Procedures Board or its staff relating to applications it
6		has received.
7		(d) Information and records held by the Department of
8		Public Health and its authorized representatives relating
9		to known or suspected cases of sexually transmissible
10		disease or any information the disclosure of which is
11		restricted under the Illinois Sexually Transmissible
12		Disease Control Act.
13		(e) Information the disclosure of which is exempted
14		under Section 30 of the Radon Industry Licensing Act.
15		(f) Firm performance evaluations under Section 55 of
16		the Architectural, Engineering, and Land Surveying
17		Qualifications Based Selection Act.
18		(g) Information the disclosure of which is restricted
19		and exempted under Section 50 of the Illinois Prepaid
20		Tuition Act.
21		(h) Information the disclosure of which is exempted
22		under the State Officials and Employees Ethics Act, and
23		records of any lawfully created State or local inspector
24		general's office that would be exempt if created or
25		obtained by an Executive Inspector General's office under
26		that Act.

HB4844 Engrossed - 29 - LRB103 39009 AMC 69146 b
1		(i) Information contained in a local emergency energy
2		plan submitted to a municipality in accordance with a
3		local emergency energy plan ordinance that is adopted
4		under Section 11-21.5-5 of the Illinois Municipal Code.
5		(j) Information and data concerning the distribution
6		of surcharge moneys collected and remitted by carriers
7		under the Emergency Telephone System Act.
8		(k) Law enforcement officer identification information
9		or driver identification information compiled by a law
10		enforcement agency or the Department of Transportation
11		under Section 11-212 of the Illinois Vehicle Code.
12		(l) Records and information provided to a residential
13		health care facility resident sexual assault and death
14		review team or the Executive Council under the Abuse
15		Prevention Review Team Act.
16		(m) Information provided to the predatory lending
17		database created pursuant to Article 3 of the Residential
18		Real Property Disclosure Act, except to the extent
19		authorized under that Article.
20		(n) Defense budgets and petitions for certification of
21		compensation and expenses for court appointed trial
22		counsel as provided under Sections 10 and 15 of the
23		Capital Crimes Litigation Act (repealed). This subsection
24		(n) shall apply until the conclusion of the trial of the
25		case, even if the prosecution chooses not to pursue the
26		death penalty prior to trial or sentencing.

HB4844 Engrossed - 30 - LRB103 39009 AMC 69146 b
1		(o) Information that is prohibited from being
2		disclosed under Section 4 of the Illinois Health and
3		Hazardous Substances Registry Act.
4		(p) Security portions of system safety program plans,
5		investigation reports, surveys, schedules, lists, data, or
6		information compiled, collected, or prepared by or for the
7		Department of Transportation under Sections 2705-300 and
8		2705-616 of the Department of Transportation Law of the
9		Civil Administrative Code of Illinois, the Regional
10		Transportation Authority under Section 2.11 of the
11		Regional Transportation Authority Act, or the St. Clair
12		County Transit District under the Bi-State Transit Safety
13		Act (repealed).
14		(q) Information prohibited from being disclosed by the
15		Personnel Record Review Act.
16		(r) Information prohibited from being disclosed by the
17		Illinois School Student Records Act.
18		(s) Information the disclosure of which is restricted
19		under Section 5-108 of the Public Utilities Act.
20		(t) (Blank).
21		(u) Records and information provided to an independent
22		team of experts under the Developmental Disability and
23		Mental Health Safety Act (also known as Brian's Law).
24		(v) Names and information of people who have applied
25		for or received Firearm Owner's Identification Cards under
26		the Firearm Owners Identification Card Act or applied for

HB4844 Engrossed - 31 - LRB103 39009 AMC 69146 b
1		or received a concealed carry license under the Firearm
2		Concealed Carry Act, unless otherwise authorized by the
3		Firearm Concealed Carry Act; and databases under the
4		Firearm Concealed Carry Act, records of the Concealed
5		Carry Licensing Review Board under the Firearm Concealed
6		Carry Act, and law enforcement agency objections under the
7		Firearm Concealed Carry Act.
8		(v-5) Records of the Firearm Owner's Identification
9		Card Review Board that are exempted from disclosure under
10		Section 10 of the Firearm Owners Identification Card Act.
11		(w) Personally identifiable information which is
12		exempted from disclosure under subsection (g) of Section
13		19.1 of the Toll Highway Act.
14		(x) Information which is exempted from disclosure
15		under Section 5-1014.3 of the Counties Code or Section
16		8-11-21 of the Illinois Municipal Code.
17		(y) Confidential information under the Adult
18		Protective Services Act and its predecessor enabling
19		statute, the Elder Abuse and Neglect Act, including
20		information about the identity and administrative finding
21		against any caregiver of a verified and substantiated
22		decision of abuse, neglect, or financial exploitation of
23		an eligible adult maintained in the Registry established
24		under Section 7.5 of the Adult Protective Services Act.
25		(z) Records and information provided to a fatality
26		review team or the Illinois Fatality Review Team Advisory

HB4844 Engrossed - 32 - LRB103 39009 AMC 69146 b
1		Council under Section 15 of the Adult Protective Services
2		Act.
3		(aa) Information which is exempted from disclosure
4		under Section 2.37 of the Wildlife Code.
5		(bb) Information which is or was prohibited from
6		disclosure by the Juvenile Court Act of 1987.
7		(cc) Recordings made under the Law Enforcement
8		Officer-Worn Body Camera Act, except to the extent
9		authorized under that Act.
10		(dd) Information that is prohibited from being
11		disclosed under Section 45 of the Condominium and Common
12		Interest Community Ombudsperson Act.
13		(ee) Information that is exempted from disclosure
14		under Section 30.1 of the Pharmacy Practice Act.
15		(ff) Information that is exempted from disclosure
16		under the Revised Uniform Unclaimed Property Act.
17		(gg) Information that is prohibited from being
18		disclosed under Section 7-603.5 of the Illinois Vehicle
19		Code.
20		(hh) Records that are exempt from disclosure under
21		Section 1A-16.7 of the Election Code.
22		(ii) Information which is exempted from disclosure
23		under Section 2505-800 of the Department of Revenue Law of
24		the Civil Administrative Code of Illinois.
25		(jj) Information and reports that are required to be
26		submitted to the Department of Labor by registering day

HB4844 Engrossed - 33 - LRB103 39009 AMC 69146 b
1		and temporary labor service agencies but are exempt from
2		disclosure under subsection (a-1) of Section 45 of the Day
3		and Temporary Labor Services Act.
4		(kk) Information prohibited from disclosure under the
5		Seizure and Forfeiture Reporting Act.
6		(ll) Information the disclosure of which is restricted
7		and exempted under Section 5-30.8 of the Illinois Public
8		Aid Code.
9		(mm) Records that are exempt from disclosure under
10		Section 4.2 of the Crime Victims Compensation Act.
11		(nn) Information that is exempt from disclosure under
12		Section 70 of the Higher Education Student Assistance Act.
13		(oo) Communications, notes, records, and reports
14		arising out of a peer support counseling session
15		prohibited from disclosure under the First Responders
16		Suicide Prevention Act.
17		(pp) Names and all identifying information relating to
18		an employee of an emergency services provider or law
19		enforcement agency under the First Responders Suicide
20		Prevention Act.
21		(qq) Information and records held by the Department of
22		Public Health and its authorized representatives collected
23		under the Reproductive Health Act.
24		(rr) Information that is exempt from disclosure under
25		the Cannabis Regulation and Tax Act.
26		(ss) Data reported by an employer to the Department of

HB4844 Engrossed - 34 - LRB103 39009 AMC 69146 b
1		Human Rights pursuant to Section 2-108 of the Illinois
2		Human Rights Act.
3		(tt) Recordings made under the Children's Advocacy
4		Center Act, except to the extent authorized under that
5		Act.
6		(uu) Information that is exempt from disclosure under
7		Section 50 of the Sexual Assault Evidence Submission Act.
8		(vv) Information that is exempt from disclosure under
9		subsections (f) and (j) of Section 5-36 of the Illinois
10		Public Aid Code.
11		(ww) Information that is exempt from disclosure under
12		Section 16.8 of the State Treasurer Act.
13		(xx) Information that is exempt from disclosure or
14		information that shall not be made public under the
15		Illinois Insurance Code.
16		(yy) Information prohibited from being disclosed under
17		the Illinois Educational Labor Relations Act.
18		(zz) Information prohibited from being disclosed under
19		the Illinois Public Labor Relations Act.
20		(aaa) Information prohibited from being disclosed
21		under Section 1-167 of the Illinois Pension Code.
22		(bbb) Information that is prohibited from disclosure
23		by the Illinois Police Training Act and the Illinois State
24		Police Act.
25		(ccc) Records exempt from disclosure under Section
26		2605-304 of the Illinois State Police Law of the Civil

HB4844 Engrossed - 35 - LRB103 39009 AMC 69146 b
1		Administrative Code of Illinois.
2		(ddd) Information prohibited from being disclosed
3		under Section 35 of the Address Confidentiality for
4		Victims of Domestic Violence, Sexual Assault, Human
5		Trafficking, or Stalking Act.
6		(eee) Information prohibited from being disclosed
7		under subsection (b) of Section 75 of the Domestic
8		Violence Fatality Review Act.
9		(fff) Images from cameras under the Expressway Camera
10		Act. This subsection (fff) is inoperative on and after
11		July 1, 2025.
12		(ggg) Information prohibited from disclosure under
13		paragraph (3) of subsection (a) of Section 14 of the Nurse
14		Agency Licensing Act.
15		(hhh) Information submitted to the Illinois State
16		Police in an affidavit or application for an assault
17		weapon endorsement, assault weapon attachment endorsement,
18		.50 caliber rifle endorsement, or .50 caliber cartridge
19		endorsement under the Firearm Owners Identification Card
20		Act.
21		(iii) Data exempt from disclosure under Section 50 of
22		the School Safety Drill Act.
23		(jjj) (hhh) Information exempt from disclosure under
24		Section 30 of the Insurance Data Security Law.
25		(kkk) (iii) Confidential business information
26		prohibited from disclosure under Section 45 of the Paint

HB4844 Engrossed - 36 - LRB103 39009 AMC 69146 b
1		Stewardship Act.
2		(lll) (Reserved).
3		(mmm) (iii) Information prohibited from being
4		disclosed under subsection (e) of Section 1-129 of the
5		Illinois Power Agency Act.
6		(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
7		102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
8		8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
9		102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
10		6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
11		eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23;
12		revised 1-2-24.)
13		(Text of Section after amendment by P.A. 103-472)
14		Sec. 7.5. Statutory exemptions. To the extent provided for
15		by the statutes referenced below, the following shall be
16		exempt from inspection and copying:
17		(a) All information determined to be confidential
18		under Section 4002 of the Technology Advancement and
19		Development Act.
20		(b) Library circulation and order records identifying
21		library users with specific materials under the Library
22		Records Confidentiality Act.
23		(c) Applications, related documents, and medical
24		records received by the Experimental Organ Transplantation
25		Procedures Board and any and all documents or other

HB4844 Engrossed - 37 - LRB103 39009 AMC 69146 b
1		records prepared by the Experimental Organ Transplantation
2		Procedures Board or its staff relating to applications it
3		has received.
4		(d) Information and records held by the Department of
5		Public Health and its authorized representatives relating
6		to known or suspected cases of sexually transmissible
7		disease or any information the disclosure of which is
8		restricted under the Illinois Sexually Transmissible
9		Disease Control Act.
10		(e) Information the disclosure of which is exempted
11		under Section 30 of the Radon Industry Licensing Act.
12		(f) Firm performance evaluations under Section 55 of
13		the Architectural, Engineering, and Land Surveying
14		Qualifications Based Selection Act.
15		(g) Information the disclosure of which is restricted
16		and exempted under Section 50 of the Illinois Prepaid
17		Tuition Act.
18		(h) Information the disclosure of which is exempted
19		under the State Officials and Employees Ethics Act, and
20		records of any lawfully created State or local inspector
21		general's office that would be exempt if created or
22		obtained by an Executive Inspector General's office under
23		that Act.
24		(i) Information contained in a local emergency energy
25		plan submitted to a municipality in accordance with a
26		local emergency energy plan ordinance that is adopted

HB4844 Engrossed - 38 - LRB103 39009 AMC 69146 b
1		under Section 11-21.5-5 of the Illinois Municipal Code.
2		(j) Information and data concerning the distribution
3		of surcharge moneys collected and remitted by carriers
4		under the Emergency Telephone System Act.
5		(k) Law enforcement officer identification information
6		or driver identification information compiled by a law
7		enforcement agency or the Department of Transportation
8		under Section 11-212 of the Illinois Vehicle Code.
9		(l) Records and information provided to a residential
10		health care facility resident sexual assault and death
11		review team or the Executive Council under the Abuse
12		Prevention Review Team Act.
13		(m) Information provided to the predatory lending
14		database created pursuant to Article 3 of the Residential
15		Real Property Disclosure Act, except to the extent
16		authorized under that Article.
17		(n) Defense budgets and petitions for certification of
18		compensation and expenses for court appointed trial
19		counsel as provided under Sections 10 and 15 of the
20		Capital Crimes Litigation Act (repealed). This subsection
21		(n) shall apply until the conclusion of the trial of the
22		case, even if the prosecution chooses not to pursue the
23		death penalty prior to trial or sentencing.
24		(o) Information that is prohibited from being
25		disclosed under Section 4 of the Illinois Health and
26		Hazardous Substances Registry Act.

HB4844 Engrossed - 39 - LRB103 39009 AMC 69146 b
1		(p) Security portions of system safety program plans,
2		investigation reports, surveys, schedules, lists, data, or
3		information compiled, collected, or prepared by or for the
4		Department of Transportation under Sections 2705-300 and
5		2705-616 of the Department of Transportation Law of the
6		Civil Administrative Code of Illinois, the Regional
7		Transportation Authority under Section 2.11 of the
8		Regional Transportation Authority Act, or the St. Clair
9		County Transit District under the Bi-State Transit Safety
10		Act (repealed).
11		(q) Information prohibited from being disclosed by the
12		Personnel Record Review Act.
13		(r) Information prohibited from being disclosed by the
14		Illinois School Student Records Act.
15		(s) Information the disclosure of which is restricted
16		under Section 5-108 of the Public Utilities Act.
17		(t) (Blank).
18		(u) Records and information provided to an independent
19		team of experts under the Developmental Disability and
20		Mental Health Safety Act (also known as Brian's Law).
21		(v) Names and information of people who have applied
22		for or received Firearm Owner's Identification Cards under
23		the Firearm Owners Identification Card Act or applied for
24		or received a concealed carry license under the Firearm
25		Concealed Carry Act, unless otherwise authorized by the
26		Firearm Concealed Carry Act; and databases under the

HB4844 Engrossed - 40 - LRB103 39009 AMC 69146 b
1		Firearm Concealed Carry Act, records of the Concealed
2		Carry Licensing Review Board under the Firearm Concealed
3		Carry Act, and law enforcement agency objections under the
4		Firearm Concealed Carry Act.
5		(v-5) Records of the Firearm Owner's Identification
6		Card Review Board that are exempted from disclosure under
7		Section 10 of the Firearm Owners Identification Card Act.
8		(w) Personally identifiable information which is
9		exempted from disclosure under subsection (g) of Section
10		19.1 of the Toll Highway Act.
11		(x) Information which is exempted from disclosure
12		under Section 5-1014.3 of the Counties Code or Section
13		8-11-21 of the Illinois Municipal Code.
14		(y) Confidential information under the Adult
15		Protective Services Act and its predecessor enabling
16		statute, the Elder Abuse and Neglect Act, including
17		information about the identity and administrative finding
18		against any caregiver of a verified and substantiated
19		decision of abuse, neglect, or financial exploitation of
20		an eligible adult maintained in the Registry established
21		under Section 7.5 of the Adult Protective Services Act.
22		(z) Records and information provided to a fatality
23		review team or the Illinois Fatality Review Team Advisory
24		Council under Section 15 of the Adult Protective Services
25		Act.
26		(aa) Information which is exempted from disclosure

HB4844 Engrossed - 41 - LRB103 39009 AMC 69146 b
1		under Section 2.37 of the Wildlife Code.
2		(bb) Information which is or was prohibited from
3		disclosure by the Juvenile Court Act of 1987.
4		(cc) Recordings made under the Law Enforcement
5		Officer-Worn Body Camera Act, except to the extent
6		authorized under that Act.
7		(dd) Information that is prohibited from being
8		disclosed under Section 45 of the Condominium and Common
9		Interest Community Ombudsperson Act.
10		(ee) Information that is exempted from disclosure
11		under Section 30.1 of the Pharmacy Practice Act.
12		(ff) Information that is exempted from disclosure
13		under the Revised Uniform Unclaimed Property Act.
14		(gg) Information that is prohibited from being
15		disclosed under Section 7-603.5 of the Illinois Vehicle
16		Code.
17		(hh) Records that are exempt from disclosure under
18		Section 1A-16.7 of the Election Code.
19		(ii) Information which is exempted from disclosure
20		under Section 2505-800 of the Department of Revenue Law of
21		the Civil Administrative Code of Illinois.
22		(jj) Information and reports that are required to be
23		submitted to the Department of Labor by registering day
24		and temporary labor service agencies but are exempt from
25		disclosure under subsection (a-1) of Section 45 of the Day
26		and Temporary Labor Services Act.

HB4844 Engrossed - 42 - LRB103 39009 AMC 69146 b
1		(kk) Information prohibited from disclosure under the
2		Seizure and Forfeiture Reporting Act.
3		(ll) Information the disclosure of which is restricted
4		and exempted under Section 5-30.8 of the Illinois Public
5		Aid Code.
6		(mm) Records that are exempt from disclosure under
7		Section 4.2 of the Crime Victims Compensation Act.
8		(nn) Information that is exempt from disclosure under
9		Section 70 of the Higher Education Student Assistance Act.
10		(oo) Communications, notes, records, and reports
11		arising out of a peer support counseling session
12		prohibited from disclosure under the First Responders
13		Suicide Prevention Act.
14		(pp) Names and all identifying information relating to
15		an employee of an emergency services provider or law
16		enforcement agency under the First Responders Suicide
17		Prevention Act.
18		(qq) Information and records held by the Department of
19		Public Health and its authorized representatives collected
20		under the Reproductive Health Act.
21		(rr) Information that is exempt from disclosure under
22		the Cannabis Regulation and Tax Act.
23		(ss) Data reported by an employer to the Department of
24		Human Rights pursuant to Section 2-108 of the Illinois
25		Human Rights Act.
26		(tt) Recordings made under the Children's Advocacy

HB4844 Engrossed - 43 - LRB103 39009 AMC 69146 b
1		Center Act, except to the extent authorized under that
2		Act.
3		(uu) Information that is exempt from disclosure under
4		Section 50 of the Sexual Assault Evidence Submission Act.
5		(vv) Information that is exempt from disclosure under
6		subsections (f) and (j) of Section 5-36 of the Illinois
7		Public Aid Code.
8		(ww) Information that is exempt from disclosure under
9		Section 16.8 of the State Treasurer Act.
10		(xx) Information that is exempt from disclosure or
11		information that shall not be made public under the
12		Illinois Insurance Code.
13		(yy) Information prohibited from being disclosed under
14		the Illinois Educational Labor Relations Act.
15		(zz) Information prohibited from being disclosed under
16		the Illinois Public Labor Relations Act.
17		(aaa) Information prohibited from being disclosed
18		under Section 1-167 of the Illinois Pension Code.
19		(bbb) Information that is prohibited from disclosure
20		by the Illinois Police Training Act and the Illinois State
21		Police Act.
22		(ccc) Records exempt from disclosure under Section
23		2605-304 of the Illinois State Police Law of the Civil
24		Administrative Code of Illinois.
25		(ddd) Information prohibited from being disclosed
26		under Section 35 of the Address Confidentiality for

HB4844 Engrossed - 44 - LRB103 39009 AMC 69146 b
1		Victims of Domestic Violence, Sexual Assault, Human
2		Trafficking, or Stalking Act.
3		(eee) Information prohibited from being disclosed
4		under subsection (b) of Section 75 of the Domestic
5		Violence Fatality Review Act.
6		(fff) Images from cameras under the Expressway Camera
7		Act. This subsection (fff) is inoperative on and after
8		July 1, 2025.
9		(ggg) Information prohibited from disclosure under
10		paragraph (3) of subsection (a) of Section 14 of the Nurse
11		Agency Licensing Act.
12		(hhh) Information submitted to the Illinois State
13		Police in an affidavit or application for an assault
14		weapon endorsement, assault weapon attachment endorsement,
15		.50 caliber rifle endorsement, or .50 caliber cartridge
16		endorsement under the Firearm Owners Identification Card
17		Act.
18		(iii) Data exempt from disclosure under Section 50 of
19		the School Safety Drill Act.
20		(jjj) (hhh) Information exempt from disclosure under
21		Section 30 of the Insurance Data Security Law.
22		(kkk) (iii) Confidential business information
23		prohibited from disclosure under Section 45 of the Paint
24		Stewardship Act.
25		(lll) (iii) Data exempt from disclosure under Section
26		2-3.196 of the School Code.

HB4844 Engrossed - 45 - LRB103 39009 AMC 69146 b
1		(mmm) (iii) Information prohibited from being
2		disclosed under subsection (e) of Section 1-129 of the
3		Illinois Power Agency Act.
4		(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
5		102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
6		8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
7		102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
8		6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
9		eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;
10		103-580, eff. 12-8-23; revised 1-2-24.)
11		Section 20. The Consular Identification Document Act is
12		amended by changing Section 10 as follows:
13		(5 ILCS 230/10)
14		(Text of Section before amendment by P.A. 103-210)
15		Sec. 10. Acceptance of consular identification document.
16		(a) When requiring members of the public to provide
17		identification, each State agency and officer and unit of
18		local government shall accept a consular identification
19		document as valid identification of a person.
20		(b) A consular identification document shall be accepted
21		for purposes of identification only and does not convey an
22		independent right to receive benefits of any type.
23		(c) A consular identification document may not be accepted
24		as identification for obtaining a driver's license, other than

HB4844 Engrossed - 46 - LRB103 39009 AMC 69146 b
1		a temporary visitor's driver's license, or registering to
2		vote.
3		(d) A consular identification document does not establish
4		or indicate lawful U.S. immigration status and may not be
5		viewed as valid for that purpose, nor does a consular
6		identification document establish a foreign national's right
7		to be in the United States or remain in the United States.
8		(e) The requirements of subsection (a) do not apply if:
9		(1) a federal law, regulation, or directive or a
10		federal court decision requires a State agency or officer
11		or a unit of local government to obtain different
12		identification;
13		(2) a federal law, regulation, or directive preempts
14		state regulation of identification requirements; or
15		(3) a State agency or officer or a unit of local
16		government would be unable to comply with a condition
17		imposed by a funding source which would cause the State
18		agency or officer or unit of local government to lose
19		funds from that source.
20		(f) Nothing in subsection (a) shall be construed to
21		prohibit a State agency or officer or a unit of local
22		government from:
23		(1) requiring additional information from persons in
24		order to verify a current address or other facts that
25		would enable the State agency or officer or unit of local
26		government to fulfill its responsibilities, except that

HB4844 Engrossed - 47 - LRB103 39009 AMC 69146 b
1		this paragraph (1) does not permit a State agency or
2		officer or a unit of local government to require
3		additional information solely in order to establish
4		identification of the person when the consular
5		identification document is the form of identification
6		presented;
7		(2) requiring fingerprints for identification purposes
8		under circumstances where the State agency or officer or
9		unit of local government also requires fingerprints from
10		persons who have a driver's license or Illinois
11		Identification Card; or
12		(3) requiring additional evidence of identification if
13		the State agency or officer or unit of local government
14		reasonably believes that: (A) the consular identification
15		document is forged, fraudulent, or altered; or (B) the
16		holder does not appear to be the same person on the
17		consular identification document.
18		(Source: P.A. 97-1157, eff. 11-28-13.)
19		(Text of Section after amendment by P.A. 103-210)
20		Sec. 10. Acceptance of consular identification document.
21		(a) When requiring members of the public to provide
22		identification, each State agency and officer and unit of
23		local government shall accept a consular identification
24		document as valid identification of a person.
25		(b) A consular identification document shall be accepted

HB4844 Engrossed - 48 - LRB103 39009 AMC 69146 b
1		for purposes of identification only and does not convey an
2		independent right to receive benefits of any type.
3		(c) A consular identification document may not be accepted
4		as identification for obtaining a REAL ID compliant driver's
5		license, as defined by Section 6-100 of the Illinois Vehicle
6		Code, or registering to vote.
7		(d) A consular identification document does not establish
8		or indicate lawful U.S. immigration status and may not be
9		viewed as valid for that purpose, nor does a consular
10		identification document establish a foreign national's right
11		to be in the United States or remain in the United States.
12		(e) The requirements of subsection (a) do not apply if:
13		(1) a federal law, regulation, or directive or a
14		federal court decision requires a State agency or officer
15		or a unit of local government to obtain different
16		identification;
17		(2) a federal law, regulation, or directive preempts
18		state regulation of identification requirements; or
19		(3) a State agency or officer or a unit of local
20		government would be unable to comply with a condition
21		imposed by a funding source which would cause the State
22		agency or officer or unit of local government to lose
23		funds from that source.
24		(f) Nothing in subsection (a) shall be construed to
25		prohibit a State agency or officer or a unit of local
26		government from:

HB4844 Engrossed - 49 - LRB103 39009 AMC 69146 b
1		(1) requiring additional information from persons in
2		order to verify a current address or other facts that
3		would enable the State agency or officer or unit of local
4		government to fulfill its responsibilities, except that
5		this paragraph (1) does not permit a State agency or
6		officer or a unit of local government to require
7		additional information solely in order to establish
8		identification of the person when the consular
9		identification document is the form of identification
10		presented;
11		(2) requiring fingerprints for identification purposes
12		under circumstances where the State agency or officer or
13		unit of local government also requires fingerprints from
14		persons who have a driver's license or Illinois
15		Identification Card; or
16		(3) requiring additional evidence of identification if
17		the State agency or officer or unit of local government
18		reasonably believes that: (A) the consular identification
19		document is forged, fraudulent, or altered; or (B) the
20		holder does not appear to be the same person on the
21		consular identification document.
22		(Source: P.A. 103-210, eff. 7-1-24; revised 9-25-23.)
23		Section 25. The State Employees Group Insurance Act of
24		1971 is amended by changing Section 6.11 as follows:

HB4844 Engrossed - 50 - LRB103 39009 AMC 69146 b
1		(5 ILCS 375/6.11)
2		Sec. 6.11. Required health benefits; Illinois Insurance
3		Code requirements. The program of health benefits shall
4		provide the post-mastectomy care benefits required to be
5		covered by a policy of accident and health insurance under
6		Section 356t of the Illinois Insurance Code. The program of
7		health benefits shall provide the coverage required under
8		Sections 356g, 356g.5, 356g.5-1, 356m, 356q, 356u, 356w, 356x,
9		356z.2, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10,
10		356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.22,
11		356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33,
12		356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.51,
13		356z.53, 356z.54, 356z.55, 356z.56, 356z.57, 356z.59, 356z.60,
14		and 356z.61, and 356z.62, 356z.64, 356z.67, 356z.68, and
15		356z.70 of the Illinois Insurance Code. The program of health
16		benefits must comply with Sections 155.22a, 155.37, 355b,
17		356z.19, 370c, and 370c.1 and Article XXXIIB of the Illinois
18		Insurance Code. The program of health benefits shall provide
19		the coverage required under Section 356m of the Illinois
20		Insurance Code and, for the employees of the State Employee
21		Group Insurance Program only, the coverage as also provided in
22		Section 6.11B of this Act. The Department of Insurance shall
23		enforce the requirements of this Section with respect to
24		Sections 370c and 370c.1 of the Illinois Insurance Code; all
25		other requirements of this Section shall be enforced by the
26		Department of Central Management Services.

HB4844 Engrossed - 51 - LRB103 39009 AMC 69146 b
1		Rulemaking authority to implement Public Act 95-1045, if
2		any, is conditioned on the rules being adopted in accordance
3		with all provisions of the Illinois Administrative Procedure
4		Act and all rules and procedures of the Joint Committee on
5		Administrative Rules; any purported rule not so adopted, for
6		whatever reason, is unauthorized.
7		(Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22;
8		102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-642, eff.
9		1-1-22; 102-665, eff. 10-8-21; 102-731, eff. 1-1-23; 102-768,
10		eff. 1-1-24; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22;
11		102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff.
12		1-1-23; 102-1117, eff. 1-13-23; 103-8, eff. 1-1-24; 103-84,
13		eff. 1-1-24; 103-91, eff. 1-1-24; 103-420, eff. 1-1-24;
14		103-445, eff. 1-1-24; 103-535, eff. 8-11-23; 103-551, eff.
15		8-11-23; revised 8-29-23.)
16		Section 30. The Seizure and Forfeiture Reporting Act is
17		amended by changing Section 5 as follows:
18		(5 ILCS 810/5)
19		Sec. 5. Applicability. This Act is applicable to property
20		seized or forfeited under the following provisions of law:
21		(1) Section 3.23 of the Illinois Food, Drug and
22		Cosmetic Act;
23		(2) Section 44.1 of the Environmental Protection Act;
24		(3) Section 105-55 of the Herptiles-Herps Act;

HB4844 Engrossed - 52 - LRB103 39009 AMC 69146 b
1		(4) Section 1-215 of the Fish and Aquatic Life Code;
2		(5) Section 1.25 of the Wildlife Code;
3		(6) Section 17-10.6 of the Criminal Code of 2012
4		(financial institution fraud);
5		(7) Section 28-5 of the Criminal Code of 2012
6		(gambling);
7		(8) Article 29B of the Criminal Code of 2012 (money
8		laundering);
9		(9) Article 33G of the Criminal Code of 2012 (Illinois
10		Street Gang and Racketeer Influenced And Corrupt
11		Organizations Law);
12		(10) Article 36 of the Criminal Code of 2012 (seizure
13		and forfeiture of vessels, vehicles, and aircraft);
14		(11) Section 47-15 of the Criminal Code of 2012
15		(dumping garbage upon real property);
16		(12) Article 124B of the Code of Criminal Procedure of
17		1963 (forfeiture);
18		(13) the Drug Asset Forfeiture Procedure Act;
19		(14) the Narcotics Profit Forfeiture Act;
20		(15) the Illinois Streetgang Terrorism Omnibus
21		Prevention Act;
22		(16) the Illinois Securities Law of 1953; and
23		(17) the Archaeological and Paleontological Resources
24		Protection Act; and
25		(18) the Human Remains Protection Act; and .
26		(19) (17) Section 16 of the Timber Buyers Licensing

HB4844 Engrossed - 53 - LRB103 39009 AMC 69146 b
1		Act.
2		(Source: P.A. 102-558, eff. 8-20-21; 103-218, eff. 1-1-24;
3		103-446, eff. 8-4-23; revised 12-12-23.)
4		Section 32. The First Responders Suicide Prevention Act is
5		amended by changing Section 40 as follows:
6		(5 ILCS 840/40)
7		Sec. 40. Task Force recommendations.
8		(a) Task Force members shall recommend that agencies and
9		organizations guarantee access to mental health and wellness
10		services, including, but not limited to, peer support programs
11		and providing ongoing education related to the ever-evolving
12		concept of mental health wellness. These recommendations could
13		be accomplished by:
14		(1) Revising agencies' and organizations' employee
15		assistance programs (EAPs).
16		(2) Urging health care providers to replace outdated
17		healthcare plans and include more progressive options
18		catering to the needs and disproportionate risks
19		shouldered by our first responders.
20		(3) Allocating funding or resources for public service
21		announcements (PSA) and messaging campaigns aimed at
22		raising awareness of available assistance options.
23		(4) Encouraging agencies and organizations to attach
24		lists of all available resources to training manuals and

HB4844 Engrossed - 54 - LRB103 39009 AMC 69146 b
1		continuing education requirements.
2		(b) Task Force members shall recommend agencies and
3		organizations sponsor or facilitate first responders with
4		specialized training in the areas of psychological fitness,
5		depressive disorders, early detection, and mitigation best
6		practices. Such trainings could be accomplished by:
7		(1) Assigning, appointing, or designating one member
8		of an agency or organization to attend specialized
9		training(s) sponsored by an accredited agency,
10		association, or organization recognized in their fields of
11		study.
12		(2) Seeking sponsorships or conducting fund-raisers,
13		to host annual or semiannual on-site visits from qualified
14		clinicians or physicians to provide early detection
15		training techniques, or to provide regular access to
16		mental health professionals.
17		(3) Requiring a minimum number of hours of disorders
18		and wellness training be incorporated into reoccurring,
19		annual or biannual training standards, examinations, and
20		curriculums, taking into close consideration respective
21		agency or organization size, frequency, and number of all
22		current federal and state mandatory examinations and
23		trainings expected respectively.
24		(4) Not underestimating the crucial importance of a
25		balanced diet, sleep, mindfulness-based stress reduction
26		techniques, moderate and vigorous intensity activities,

HB4844 Engrossed - 55 - LRB103 39009 AMC 69146 b
1		and recreational hobbies, which have been scientifically
2		proven to play a major role in brain health and mental
3		wellness.
4		(c) Task Force members shall recommend that administrators
5		and leadership personnel solicit training services from
6		evidence-based, data driven organizations. Organizations with
7		personnel trained on the analytical review and interpretation
8		of specific fields related to the nature of first responders'
9		exploits, such as PTSD, substance abuse, chronic state of
10		duress. Task Force members shall further recommend funding for
11		expansion and messaging campaigns of preliminary
12		self-diagnosing technologies like the one described above.
13		These objectives could be met by:
14		(1) Contacting an accredited agency, association, or
15		organization recognized in the field or fields of specific
16		study. Unbeknownst to the majority, many of the agencies
17		and organizations listed above receive grants and
18		allocations to assist communities with the very issues
19		being discussed in this Section.
20		(2) Normalizing help-seeking behaviors for both first
21		responders and their families through regular messaging
22		and peer support outreach, beginning with academy
23		curricula and continuing education throughout individuals'
24		careers.
25		(3) Funding and implementing PSA campaigns that
26		provide clear and concise calls to action about mental

HB4844 Engrossed - 56 - LRB103 39009 AMC 69146 b
1		health and wellness, resiliency, help-seeking, treatment,
2		and recovery.
3		(4) Promoting and raising awareness of not-for-profit
4		organizations currently available to assist individuals in
5		search of care and treatment. Organizations have intuitive
6		user-friendly sites, most of which have mobile
7		applications, so first responders can access at a moment's
8		notice. However, because of limited funds, these
9		organizations have a challenging time of getting the word
10		out there about their existence.
11		(5) Expanding Family and Medical Leave Act protections
12		for individuals voluntarily seeking preventative
13		treatment.
14		(6) Promoting and ensuring complete patient
15		confidentiality protections.
16		(d) Task Force members shall recommend that agencies and
17		organizations incorporate the following training components
18		into already existing modules and educational curriculums.
19		Doing so could be done by:
20		(1) Bolstering academy and school curricula by
21		requiring depressive disorder training catered to PTSD,
22		substance abuse, and early detection techniques training,
23		taking into close consideration respective agency or
24		organization size, and the frequency and number of all
25		current federal and state mandatory examinations and
26		trainings expected respectively.

HB4844 Engrossed - 57 - LRB103 39009 AMC 69146 b
1		(2) Continuing to allocate or match federal and state
2		funds to maintain Mobile Training Units (MTUs).
3		(3) Incorporating a state certificate for peer support
4		training into already existing exiting statewide
5		curriculums and mandatory examinations, annual State Fire
6		Marshal examinations, and physical fitness examinations.
7		The subject matter of the certificate should have an
8		emphasis on mental health and wellness, as well as
9		familiarization with topics ranging from clinical social
10		work, clinical psychology, clinical behaviorist, and
11		clinical psychiatry.
12		(4) Incorporating and performing statewide mental
13		health check-ins during the same times as already mandated
14		trainings. These checks are not to be compared or used as
15		measures of fitness for duty evaluations or structured
16		psychological examinations.
17		(5) Recommending comprehensive and evidence-based
18		training on the importance of preventative measures on the
19		topics of sleep, nutrition, mindfulness, and physical
20		movement.
21		(6) Law enforcement agencies should provide training
22		on the Firearm Owner's Identification Card Act, including
23		seeking relief from the Illinois State Police under
24		Section 10 of the Firearm Owners Identification Card Act
25		and a FOID card being a continued condition of employment
26		under Section 7.2 of the Uniform Peace Officers'

HB4844 Engrossed - 58 - LRB103 39009 AMC 69146 b
1		Disciplinary Act.
2		(Source: P.A. 102-352, eff. 6-1-22; 103-154, eff. 6-30-23;
3		revised 1-20-24.)
4		Section 35. The Election Code is amended by changing
5		Sections 1A-8, 1A-16.1, and 24B-9.1 as follows:
6		(10 ILCS 5/1A-8) (from Ch. 46, par. 1A-8)
7		Sec. 1A-8. The State Board of Elections shall exercise the
8		following powers and perform the following duties in addition
9		to any powers or duties otherwise provided for by law:
10		(1) Assume all duties and responsibilities of the
11		State Electoral Board and the Secretary of State as
12		heretofore provided in this Code;
13		(2) Disseminate information to and consult with
14		election authorities concerning the conduct of elections
15		and registration in accordance with the laws of this State
16		and the laws of the United States;
17		(3) Furnish to each election authority prior to each
18		primary and general election and any other election it
19		deems necessary, a manual of uniform instructions
20		consistent with the provisions of this Code which shall be
21		used by election authorities in the preparation of the
22		official manual of instruction to be used by the judges of
23		election in any such election. In preparing such manual,
24		the State Board shall consult with representatives of the

HB4844 Engrossed - 59 - LRB103 39009 AMC 69146 b
1		election authorities throughout the State. The State Board
2		may provide separate portions of the uniform instructions
3		applicable to different election jurisdictions which
4		administer elections under different options provided by
5		law. The State Board may by regulation require particular
6		portions of the uniform instructions to be included in any
7		official manual of instructions published by election
8		authorities. Any manual of instructions published by any
9		election authority shall be identical with the manual of
10		uniform instructions issued by the Board, but may be
11		adapted by the election authority to accommodate special
12		or unusual local election problems, provided that all
13		manuals published by election authorities must be
14		consistent with the provisions of this Code in all
15		respects and must receive the approval of the State Board
16		of Elections prior to publication; provided further that
17		if the State Board does not approve or disapprove of a
18		proposed manual within 60 days of its submission, the
19		manual shall be deemed approved; .
20		(4) Prescribe and require the use of such uniform
21		forms, notices, and other supplies not inconsistent with
22		the provisions of this Code as it shall deem advisable
23		which shall be used by election authorities in the conduct
24		of elections and registrations;
25		(5) Prepare and certify the form of ballot for any
26		proposed amendment to the Constitution of the State of

HB4844 Engrossed - 60 - LRB103 39009 AMC 69146 b
1		Illinois, or any referendum to be submitted to the
2		electors throughout the State or, when required to do so
3		by law, to the voters of any area or unit of local
4		government of the State;
5		(6) Require such statistical reports regarding the
6		conduct of elections and registration from election
7		authorities as may be deemed necessary;
8		(7) Review and inspect procedures and records relating
9		to conduct of elections and registration as may be deemed
10		necessary, and to report violations of election laws to
11		the appropriate State's Attorney or the Attorney General;
12		(8) Recommend to the General Assembly legislation to
13		improve the administration of elections and registration;
14		(9) Adopt, amend or rescind rules and regulations in
15		the performance of its duties provided that all such rules
16		and regulations must be consistent with the provisions of
17		this Article 1A or issued pursuant to authority otherwise
18		provided by law;
19		(10) Determine the validity and sufficiency of
20		petitions filed under Article XIV, Section 3, of the
21		Constitution of the State of Illinois of 1970;
22		(11) Maintain in its principal office a research
23		library that includes, but is not limited to, abstracts of
24		votes by precinct for general primary elections and
25		general elections, current precinct maps, and current
26		precinct poll lists from all election jurisdictions within

HB4844 Engrossed - 61 - LRB103 39009 AMC 69146 b
1		the State. The research library shall be open to the
2		public during regular business hours. Such abstracts,
3		maps, and lists shall be preserved as permanent records
4		and shall be available for examination and copying at a
5		reasonable cost;
6		(12) Supervise the administration of the registration
7		and election laws throughout the State;
8		(13) Obtain from the Department of Central Management
9		Services, under Section 405-250 of the Department of
10		Central Management Services Law (20 ILCS 405/405-250),
11		such use of electronic data processing equipment as may be
12		required to perform the duties of the State Board of
13		Elections and to provide election-related information to
14		candidates, public and party officials, interested civic
15		organizations, and the general public in a timely and
16		efficient manner;
17		(14) To take such action as may be necessary or
18		required to give effect to directions of the national
19		committee or State central committee of an established
20		political party under Sections 7-8, 7-11, and 7-14.1 or
21		such other provisions as may be applicable pertaining to
22		the selection of delegates and alternate delegates to an
23		established political party's national nominating
24		conventions or, notwithstanding any candidate
25		certification schedule contained within this Code, the
26		certification of the Presidential and Vice Presidential

HB4844 Engrossed - 62 - LRB103 39009 AMC 69146 b
1		candidate selected by the established political party's
2		national nominating convention;
3		(15) To post all early voting sites separated by
4		election authority and hours of operation on its website
5		at least 5 business days before the period for early
6		voting begins;
7		(16) To post on its website the statewide totals, and
8		totals separated by each election authority, for each of
9		the counts received pursuant to Section 1-9.2; and
10		(17) To post on its website, in a downloadable format,
11		the information received from each election authority
12		under Section 1-17.
13		The Board may by regulation delegate any of its duties or
14		functions under this Article, except that final determinations
15		and orders under this Article shall be issued only by the
16		Board.
17		The requirement for reporting to the General Assembly
18		shall be satisfied by filing copies of the report as required
19		by Section 3.1 of the General Assembly Organization Act, and
20		filing such additional copies with the State Government Report
21		Distribution Center for the General Assembly as is required
22		under paragraph (t) of Section 7 of the State Library Act.
23		(Source: P.A. 100-623, eff. 7-20-18; 100-863, eff. 8-14-18;
24		100-1148, eff. 12-10-18; revised 4-4-23.)
25		(10 ILCS 5/1A-16.1)

HB4844 Engrossed - 63 - LRB103 39009 AMC 69146 b
1		(Text of Section before amendment by P.A. 103-210)
2		Sec. 1A-16.1. Automatic voter registration; Secretary of
3		State.
4		(a) The Office of the Secretary of State and the State
5		Board of Elections, pursuant to an interagency contract and
6		jointly adopted jointly-adopted rules, shall establish an
7		automatic voter registration program that satisfies the
8		requirements of this Section and other applicable law.
9		(b) If an application, an application for renewal, a
10		change of address form, or a recertification form for a
11		driver's license, other than a temporary visitor's driver's
12		license, or a State identification card issued by the Office
13		of the Secretary of State meets the requirements of the
14		federal REAL ID Act of 2005, then that application shall serve
15		as a dual-purpose application. The dual-purpose application
16		shall:
17		(1) also serve as an application to register to vote
18		in Illinois;
19		(2) allow an applicant to change his or her registered
20		residence address or name as it appears on the voter
21		registration rolls;
22		(3) provide the applicant with an opportunity to
23		affirmatively decline to register to vote or to change his
24		or her registered residence address or name by providing a
25		check box on the application form without requiring the
26		applicant to state the reason; and

HB4844 Engrossed - 64 - LRB103 39009 AMC 69146 b
1		(4) unless the applicant declines to register to vote
2		or change his or her registered residence address or name,
3		require the applicant to attest, by signature under
4		penalty of perjury as described in subsection (e) of this
5		Section, to meeting the qualifications to register to vote
6		in Illinois at his or her residence address as indicated
7		on his or her driver's license or identification card
8		dual-purpose application.
9		(b-5) If an application, an application for renewal, a
10		change of address form, or a recertification form for a
11		driver's license, other than a temporary visitor's driver's
12		license, or a State identification card issued by the Office
13		of the Secretary of State does not meet the requirements of the
14		federal REAL ID Act of 2005, then that application shall serve
15		as a dual-purpose application. The dual-purpose application
16		shall:
17		(1) also serve as an application to register to vote
18		in Illinois;
19		(2) allow an applicant to change his or her registered
20		residence address or name as it appears on the voter
21		registration rolls; and
22		(3) if the applicant chooses to register to vote or to
23		change his or her registered residence address or name,
24		then require the applicant to attest, by a separate
25		signature under penalty of perjury, to meeting the
26		qualifications to register to vote in Illinois at his or

HB4844 Engrossed - 65 - LRB103 39009 AMC 69146 b
1		her residence address as indicated on his or her
2		dual-purpose application.
3		(b-10) The Office of the Secretary of State shall clearly
4		and conspicuously inform each applicant in writing: (i) of the
5		qualifications to register to vote in Illinois, (ii) of the
6		penalties provided by law for submission of a false voter
7		registration application, (iii) that, unless the applicant
8		declines to register to vote or update his or her voter
9		registration, his or her dual-purpose application shall also
10		serve as both an application to register to vote and his or her
11		attestation that he or she meets the eligibility requirements
12		for voter registration, and that his or her application to
13		register to vote or update his or her registration will be
14		transmitted to the State Board of Elections for the purpose of
15		registering the person to vote at the residence address to be
16		indicated on his or her driver's license or identification
17		card, and (iv) that declining to register to vote is
18		confidential and will not affect any services the person may
19		be seeking from the Office of the Secretary of State.
20		(c) The Office of the Secretary of State shall review
21		information provided to the Office of the Secretary of State
22		by the State Board of Elections to inform each applicant for a
23		driver's license or permit, other than a temporary visitor's
24		driver's license, or a State identification card issued by the
25		Office of the Secretary of State whether the applicant is
26		currently registered to vote in Illinois and, if registered,

HB4844 Engrossed - 66 - LRB103 39009 AMC 69146 b
1		at what address.
2		(d) The Office of the Secretary of State shall not require
3		an applicant for a driver's license or State identification
4		card to provide duplicate identification or information in
5		order to complete an application to register to vote or change
6		his or her registered residence address or name. Before
7		transmitting any personal information about an applicant to
8		the State Board of Elections, the Office of the Secretary of
9		State shall review its records of the identification documents
10		the applicant provided in order to complete the application
11		for a driver's license or State identification card, to
12		confirm that nothing in those documents indicates that the
13		applicant does not satisfy the qualifications to register to
14		vote in Illinois at his or her residence address.
15		(e) A completed, signed application for (i) a driver's
16		license or permit, other than a temporary visitor's driver's
17		license, or a State identification card issued by the Office
18		of the Secretary of State, that meets the requirements of the
19		federal REAL ID Act of 2005; or (ii) a completed application
20		under subsection (b-5) of this Section with a separate
21		signature attesting the applicant meets the qualifications to
22		register to vote in Illinois at his or her residence address as
23		indicated on his or her application shall constitute a signed
24		application to register to vote in Illinois at the residence
25		address indicated in the application unless the person
26		affirmatively declined in the application to register to vote

HB4844 Engrossed - 67 - LRB103 39009 AMC 69146 b
1		or to change his or her registered residence address or name.
2		If the identification documents provided to complete the
3		dual-purpose application indicate that he or she does not
4		satisfy the qualifications to register to vote in Illinois at
5		his or her residence address, the application shall be marked
6		as incomplete.
7		(f) For each completed and signed application that
8		constitutes an application to register to vote in Illinois or
9		provides for a change in the applicant's registered residence
10		address or name, the Office of the Secretary of State shall
11		electronically transmit to the State Board of Elections
12		personal information needed to complete the person's
13		registration to vote in Illinois at his or her residence
14		address. The application to register to vote shall be
15		processed in accordance with Section 1A-16.7.
16		(g) If the federal REAL ID Act of 2005 is repealed,
17		abrogated, superseded, or otherwise no longer in effect, then
18		the State Board of Elections shall establish criteria for
19		determining reliable personal information indicating
20		citizenship status and shall adopt rules as necessary for the
21		Secretary of State to continue processing dual-purpose
22		applications under this Section.
23		(h) As used in this Section, "dual-purpose application"
24		means an application, an application for renewal, a change of
25		address form, or a recertification form for driver's license
26		or permit, other than a temporary visitor's driver's license,

HB4844 Engrossed - 68 - LRB103 39009 AMC 69146 b
1		or a State identification card offered by the Secretary of
2		State that also serves as an application to register to vote in
3		Illinois. "Dual-purpose application" does not mean an
4		application under subsection (c) of Section 6-109 of the
5		Illinois Vehicle Code.
6		(Source: P.A. 100-464, eff. 8-28-17; revised 9-20-2023.)
7		(Text of Section after amendment by P.A. 103-210)
8		Sec. 1A-16.1. Automatic voter registration; Secretary of
9		State.
10		(a) The Office of the Secretary of State and the State
11		Board of Elections, pursuant to an interagency contract and
12		jointly adopted jointly-adopted rules, shall establish an
13		automatic voter registration program that satisfies the
14		requirements of this Section and other applicable law.
15		(b) If an application, an application for renewal, a
16		change of address form, or a recertification form for a
17		driver's license or a State identification card issued by the
18		Office of the Secretary of State meets the requirements of the
19		federal REAL ID Act of 2005, then that application shall serve
20		as a dual-purpose application. The dual-purpose application
21		shall:
22		(1) also serve as an application to register to vote
23		in Illinois;
24		(2) allow an applicant to change his or her registered
25		residence address or name as it appears on the voter

HB4844 Engrossed - 69 - LRB103 39009 AMC 69146 b
1		registration rolls;
2		(3) provide the applicant with an opportunity to
3		affirmatively decline to register to vote or to change his
4		or her registered residence address or name by providing a
5		check box on the application form without requiring the
6		applicant to state the reason; and
7		(4) unless the applicant declines to register to vote
8		or change his or her registered residence address or name,
9		require the applicant to attest, by signature under
10		penalty of perjury as described in subsection (e) of this
11		Section, to meeting the qualifications to register to vote
12		in Illinois at his or her residence address as indicated
13		on his or her driver's license or identification card
14		dual-purpose application.
15		(b-5) If an application, an application for renewal, a
16		change of address form, or a recertification form for a
17		driver's license or a State identification card issued by the
18		Office of the Secretary of State, other than an application or
19		form that pertains to a standard driver's license or
20		identification card and does not list a social security number
21		for the applicant, does not meet the requirements of the
22		federal REAL ID Act of 2005, then that application shall serve
23		as a dual-purpose application. The dual-purpose application
24		shall:
25		(1) also serve as an application to register to vote
26		in Illinois;

HB4844 Engrossed - 70 - LRB103 39009 AMC 69146 b
1		(2) allow an applicant to change his or her registered
2		residence address or name as it appears on the voter
3		registration rolls; and
4		(3) if the applicant chooses to register to vote or to
5		change his or her registered residence address or name,
6		then require the applicant to attest, by a separate
7		signature under penalty of perjury, to meeting the
8		qualifications to register to vote in Illinois at his or
9		her residence address as indicated on his or her
10		dual-purpose application.
11		(b-10) The Office of the Secretary of State shall clearly
12		and conspicuously inform each applicant in writing: (i) of the
13		qualifications to register to vote in Illinois, (ii) of the
14		penalties provided by law for submission of a false voter
15		registration application, (iii) that, unless the applicant
16		declines to register to vote or update his or her voter
17		registration, his or her dual-purpose application shall also
18		serve as both an application to register to vote and his or her
19		attestation that he or she meets the eligibility requirements
20		for voter registration, and that his or her application to
21		register to vote or update his or her registration will be
22		transmitted to the State Board of Elections for the purpose of
23		registering the person to vote at the residence address to be
24		indicated on his or her driver's license or identification
25		card, and (iv) that declining to register to vote is
26		confidential and will not affect any services the person may

HB4844 Engrossed - 71 - LRB103 39009 AMC 69146 b
1		be seeking from the Office of the Secretary of State.
2		(c) The Office of the Secretary of State shall review
3		information provided to the Office of the Secretary of State
4		by the State Board of Elections to inform each applicant for a
5		driver's license or permit or a State identification card
6		issued by the Office of the Secretary of State, other than an
7		application or form that pertains to a standard driver's
8		license or identification card and does not list a social
9		security number for the applicant, whether the applicant is
10		currently registered to vote in Illinois and, if registered,
11		at what address.
12		(d) The Office of the Secretary of State shall not require
13		an applicant for a driver's license or State identification
14		card to provide duplicate identification or information in
15		order to complete an application to register to vote or change
16		his or her registered residence address or name. Before
17		transmitting any personal information about an applicant to
18		the State Board of Elections, the Office of the Secretary of
19		State shall review its records of the identification documents
20		the applicant provided in order to complete the application
21		for a driver's license or State identification card, to
22		confirm that nothing in those documents indicates that the
23		applicant does not satisfy the qualifications to register to
24		vote in Illinois at his or her residence address.
25		(e) A completed, signed application for (i) a driver's
26		license or permit or a State identification card issued by the

HB4844 Engrossed - 72 - LRB103 39009 AMC 69146 b
1		Office of the Secretary of State, that meets the requirements
2		of the federal REAL ID Act of 2005; or (ii) a completed
3		application under subsection (b-5) of this Section with a
4		separate signature attesting the applicant meets the
5		qualifications to register to vote in Illinois at his or her
6		residence address as indicated on his or her application shall
7		constitute a signed application to register to vote in
8		Illinois at the residence address indicated in the application
9		unless the person affirmatively declined in the application to
10		register to vote or to change his or her registered residence
11		address or name. If the identification documents provided to
12		complete the dual-purpose application indicate that he or she
13		does not satisfy the qualifications to register to vote in
14		Illinois at his or her residence address, the application
15		shall be marked as incomplete.
16		(f) For each completed and signed application that
17		constitutes an application to register to vote in Illinois or
18		provides for a change in the applicant's registered residence
19		address or name, the Office of the Secretary of State shall
20		electronically transmit to the State Board of Elections
21		personal information needed to complete the person's
22		registration to vote in Illinois at his or her residence
23		address. The application to register to vote shall be
24		processed in accordance with Section 1A-16.7.
25		(g) If the federal REAL ID Act of 2005 is repealed,
26		abrogated, superseded, or otherwise no longer in effect, then

HB4844 Engrossed - 73 - LRB103 39009 AMC 69146 b
1		the State Board of Elections shall establish criteria for
2		determining reliable personal information indicating
3		citizenship status and shall adopt rules as necessary for the
4		Secretary of State to continue processing dual-purpose
5		applications under this Section.
6		(h) As used in this Section, "dual-purpose application"
7		means an application, an application for renewal, a change of
8		address form, or a recertification form for driver's license
9		or permit or a State identification card offered by the
10		Secretary of State, other than an application or form that
11		pertains to a standard driver's license or identification card
12		and does not list a social security number for the applicant,
13		that also serves as an application to register to vote in
14		Illinois. "Dual-purpose application" does not mean an
15		application under subsection (c) of Section 6-109 of the
16		Illinois Vehicle Code.
17		(Source: P.A. 103-210, eff. 7-1-24; revised 9-20-23.)
18		(10 ILCS 5/24B-9.1)
19		Sec. 24B-9.1. Examination of votes Votes by electronic
20		Electronic Precinct Tabulation Optical Scan Technology
21		Scanning Process or other authorized electronic process;
22		definition of a vote.
23		(a) Examination of Votes by Electronic Precinct Tabulation
24		Optical Scan Technology Scanning Process. Whenever a Precinct
25		Tabulation Optical Scan Technology process is used to

HB4844 Engrossed - 74 - LRB103 39009 AMC 69146 b
1		automatically examine and count the votes on ballot sheets,
2		the provisions of this Section shall apply. A voter shall cast
3		a proper vote on a ballot sheet by making a mark, or causing a
4		mark to be made, in the designated area for the casting of a
5		vote for any party or candidate or for or against any
6		proposition. For this purpose, a mark is an intentional
7		darkening of the designated area on the ballot, and not an
8		identifying mark.
9		(b) For any ballot sheet that does not register a vote for
10		one or more ballot positions on the ballot sheet on an
11		electronic a Electronic Precinct Tabulation Optical Scan
12		Technology Scanning Process, the following shall constitute a
13		vote on the ballot sheet:
14		(1) the designated area for casting a vote for a
15		particular ballot position on the ballot sheet is fully
16		darkened or shaded in;
17		(2) the designated area for casting a vote for a
18		particular ballot position on the ballot sheet is
19		partially darkened or shaded in;
20		(3) the designated area for casting a vote for a
21		particular ballot position on the ballot sheet contains a
22		dot or ".", a check, or a plus or "+";
23		(4) the designated area for casting a vote for a
24		particular ballot position on the ballot sheet contains
25		some other type of mark that indicates the clearly
26		ascertainable intent of the voter to vote based on the

HB4844 Engrossed - 75 - LRB103 39009 AMC 69146 b
1		totality of the circumstances, including, but not limited
2		to, any pattern or frequency of marks on other ballot
3		positions from the same ballot sheet; or
4		(5) the designated area for casting a vote for a
5		particular ballot position on the ballot sheet is not
6		marked, but the ballot sheet contains other markings
7		associated with a particular ballot position, such as
8		circling a candidate's name, that indicates the clearly
9		ascertainable intent of the voter to vote, based on the
10		totality of the circumstances, including, but not limited
11		to, any pattern or frequency of markings on other ballot
12		positions from the same ballot sheet.
13		(c) For other electronic voting systems that use a
14		computer as the marking device to mark a ballot sheet, the bar
15		code found on the ballot sheet shall constitute the votes
16		found on the ballot. If, however, the county clerk or board of
17		election commissioners determines that the votes represented
18		by the tally on the bar code for one or more ballot positions
19		is inconsistent with the votes represented by numerical ballot
20		positions identified on the ballot sheet produced using a
21		computer as the marking device, then the numerical ballot
22		positions identified on the ballot sheet shall constitute the
23		votes for purposes of any official canvass or recount
24		proceeding. An electronic voting system that uses a computer
25		as the marking device to mark a ballot sheet shall be capable
26		of producing a ballot sheet that contains all numerical ballot

HB4844 Engrossed - 76 - LRB103 39009 AMC 69146 b
1		positions selected by the voter, and provides a place for the
2		voter to cast a write-in vote for a candidate for a particular
3		numerical ballot position.
4		(d) The election authority shall provide an envelope,
5		sleeve, or other device to each voter so the voter can deliver
6		the voted ballot sheet to the counting equipment and ballot
7		box without the votes indicated on the ballot sheet being
8		visible to other persons in the polling place.
9		(Source: P.A. 95-331, eff. 8-21-07; revised 9-25-23.)
10		Section 40. The Illinois Identification Card Act is
11		amended by changing Sections 1A and 4 as follows:
12		(15 ILCS 335/1A)
13		(Text of Section before amendment by P.A. 103-210)
14		Sec. 1A. Definitions. As used in this Act:
15		"Highly restricted personal information" means an
16		individual's photograph, signature, social security number,
17		and medical or disability information.
18		"Identification card making implement" means any material,
19		hardware, or software that is specifically designed for or
20		primarily used in the manufacture, assembly, issuance, or
21		authentication of an official identification card issued by
22		the Secretary of State.
23		"Fraudulent identification card" means any identification
24		card that purports to be an official identification card for

HB4844 Engrossed - 77 - LRB103 39009 AMC 69146 b
1		which a computerized number and file have not been created by
2		the Secretary of State, the United States Government or any
3		state or political subdivision thereof, or any governmental or
4		quasi-governmental organization. For the purpose of this Act,
5		any identification card that resembles an official
6		identification card in either size, color, photograph
7		location, or design or uses the word "official", "state",
8		"Illinois", or the name of any other state or political
9		subdivision thereof, or any governmental or quasi-governmental
10		organization individually or in any combination thereof to
11		describe or modify the term "identification card" or "I.D.
12		card" anywhere on the card, or uses a shape in the likeness of
13		Illinois or any other state on the photograph side of the card,
14		is deemed to be a fraudulent identification card unless the
15		words "This is not an official Identification Card", appear
16		prominently upon it in black colored lettering in 12-point
17		type on the photograph side of the card, and no such card shall
18		be smaller in size than 3 inches by 4 inches, and the
19		photograph shall be on the left side of the card only.
20		"Legal name" means the full given name and surname of an
21		individual as recorded at birth, recorded at marriage, or
22		deemed as the correct legal name for use in reporting income by
23		the Social Security Administration or the name as otherwise
24		established through legal action that appears on the
25		associated official document presented to the Secretary of
26		State.

HB4844 Engrossed - 78 - LRB103 39009 AMC 69146 b
1		"Personally identifying information" means information
2		that identifies an individual, including his or her
3		identification card number, name, address (but not the 5-digit
4		zip code), date of birth, height, weight, hair color, eye
5		color, email address, and telephone number.
6		"Homeless person" or "homeless individual" has the same
7		meaning as defined by the federal McKinney-Vento Homeless
8		Assistance Act, 42 U.S.C. 11302, or 42 U.S.C. 11434a(2).
9		"Youth for whom the Department of Children and Family
10		Services is legally responsible" or "foster child" means a
11		child or youth whose guardianship or custody has been accepted
12		by the Department of Children and Family Services pursuant to
13		the Juvenile Court Act of 1987, the Children and Family
14		Services Act, the Abused and Neglected Child Reporting Act,
15		and the Adoption Act. This applies to children for whom the
16		Department of Children and Family Services has temporary
17		protective custody, custody or guardianship via court order,
18		or children whose parents have signed an adoptive surrender or
19		voluntary placement agreement with the Department.
20		"REAL ID compliant identification card" means a standard
21		Illinois Identification Card or Illinois Person with a
22		Disability Identification Card issued in compliance with the
23		REAL ID Act and implementing regulations. REAL ID compliant
24		identification cards shall bear a security marking approved by
25		the United States Department of Homeland Security.
26		"Non-compliant identification card" means a standard

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1		Illinois Identification Card or Illinois Person with a
2		Disability Identification Card issued in a manner which is not
3		compliant with the REAL ID Act and implementing regulations.
4		Non-compliant identification cards shall be marked "Not for
5		Federal Identification" and shall have a color or design
6		different from the REAL ID compliant identification card.
7		"Limited Term REAL ID compliant identification card" means
8		a REAL ID compliant identification card issued to a person who
9		is persons who are not a permanent resident residents or
10		citizen citizens of the United States, and marked "Limited
11		Term" on the face of the card.
12		(Source: P.A. 100-201, eff. 8-18-17; 100-248, eff. 8-22-17;
13		101-326, eff. 8-9-19; revised 9-20-23.)
14		(Text of Section after amendment by P.A. 103-210)
15		Sec. 1A. Definitions. As used in this Act:
16		"Highly restricted personal information" means an
17		individual's photograph, signature, social security number,
18		and medical or disability information.
19		"Identification card making implement" means any material,
20		hardware, or software that is specifically designed for or
21		primarily used in the manufacture, assembly, issuance, or
22		authentication of an official identification card issued by
23		the Secretary of State.
24		"Fraudulent identification card" means any identification
25		card that purports to be an official identification card for

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1		which a computerized number and file have not been created by
2		the Secretary of State, the United States Government or any
3		state or political subdivision thereof, or any governmental or
4		quasi-governmental organization. For the purpose of this Act,
5		any identification card that resembles an official
6		identification card in either size, color, photograph
7		location, or design or uses the word "official", "state",
8		"Illinois", or the name of any other state or political
9		subdivision thereof, or any governmental or quasi-governmental
10		organization individually or in any combination thereof to
11		describe or modify the term "identification card" or "I.D.
12		card" anywhere on the card, or uses a shape in the likeness of
13		Illinois or any other state on the photograph side of the card,
14		is deemed to be a fraudulent identification card unless the
15		words "This is not an official Identification Card", appear
16		prominently upon it in black colored lettering in 12-point
17		type on the photograph side of the card, and no such card shall
18		be smaller in size than 3 inches by 4 inches, and the
19		photograph shall be on the left side of the card only.
20		"Legal name" means the full given name and surname of an
21		individual as recorded at birth, recorded at marriage, or
22		deemed as the correct legal name for use in reporting income by
23		the Social Security Administration or the name as otherwise
24		established through legal action that appears on the
25		associated official document presented to the Secretary of
26		State.

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1		"Personally identifying information" means information
2		that identifies an individual, including his or her
3		identification card number, name, address (but not the 5-digit
4		zip code), date of birth, height, weight, hair color, eye
5		color, email address, and telephone number.
6		"Homeless person" or "homeless individual" has the same
7		meaning as defined by the federal McKinney-Vento Homeless
8		Assistance Act, 42 U.S.C. 11302, or 42 U.S.C. 11434a(2).
9		"Youth for whom the Department of Children and Family
10		Services is legally responsible" or "foster child" means a
11		child or youth whose guardianship or custody has been accepted
12		by the Department of Children and Family Services pursuant to
13		the Juvenile Court Act of 1987, the Children and Family
14		Services Act, the Abused and Neglected Child Reporting Act,
15		and the Adoption Act. This applies to children for whom the
16		Department of Children and Family Services has temporary
17		protective custody, custody or guardianship via court order,
18		or children whose parents have signed an adoptive surrender or
19		voluntary placement agreement with the Department.
20		"REAL ID compliant identification card" means a standard
21		Illinois Identification Card or Illinois Person with a
22		Disability Identification Card issued in compliance with the
23		REAL ID Act and implementing regulations. REAL ID compliant
24		identification cards shall bear a security marking approved by
25		the United States Department of Homeland Security.
26		"Standard identification card" means a standard Illinois

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1		Identification Card or Illinois Person with a Disability
2		Identification Card issued in a manner which is not compliant
3		with the REAL ID Act and implementing regulations. Standard
4		identification cards shall be marked "Federal Limits Apply"
5		and shall have a color or design different from the REAL ID
6		compliant identification card.
7		"Limited Term REAL ID compliant identification card" means
8		a REAL ID compliant identification card that is issued to a
9		person who is persons who are not a permanent resident
10		residents or citizen citizens of the United States, or an
11		individual who has an approved application for asylum in the
12		United States or has entered the United States in refugee
13		status, and is marked "Limited Term" on the face of the card.
14		(Source: P.A. 103-210, eff. 7-1-24; revised 9-20-23.)
15		(15 ILCS 335/4)
16		(Text of Section before amendment by P.A. 103-210)
17		Sec. 4. Identification card.
18		(a) The Secretary of State shall issue a standard Illinois
19		Identification Card to any natural person who is a resident of
20		the State of Illinois who applies for such card, or renewal
21		thereof. No identification card shall be issued to any person
22		who holds a valid foreign state identification card, license,
23		or permit unless the person first surrenders to the Secretary
24		of State the valid foreign state identification card, license,
25		or permit. The card shall be prepared and supplied by the

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1		Secretary of State and shall include a photograph and
2		signature or mark of the applicant. However, the Secretary of
3		State may provide by rule for the issuance of Illinois
4		Identification Cards without photographs if the applicant has
5		a bona fide religious objection to being photographed or to
6		the display of his or her photograph. The Illinois
7		Identification Card may be used for identification purposes in
8		any lawful situation only by the person to whom it was issued.
9		As used in this Act, "photograph" means any color photograph
10		or digitally produced and captured image of an applicant for
11		an identification card. As used in this Act, "signature" means
12		the name of a person as written by that person and captured in
13		a manner acceptable to the Secretary of State.
14		(a-5) If an applicant for an identification card has a
15		current driver's license or instruction permit issued by the
16		Secretary of State, the Secretary may require the applicant to
17		utilize the same residence address and name on the
18		identification card, driver's license, and instruction permit
19		records maintained by the Secretary. The Secretary may
20		promulgate rules to implement this provision.
21		(a-10) If the applicant is a judicial officer as defined
22		in Section 1-10 of the Judicial Privacy Act or a peace officer,
23		the applicant may elect to have his or her office or work
24		address listed on the card instead of the applicant's
25		residence or mailing address. The Secretary may promulgate
26		rules to implement this provision. For the purposes of this

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1		subsection (a-10), "peace officer" means any person who by
2		virtue of his or her office or public employment is vested by
3		law with a duty to maintain public order or to make arrests for
4		a violation of any penal statute of this State, whether that
5		duty extends to all violations or is limited to specific
6		violations.
7		(a-15) The Secretary of State may provide for an expedited
8		process for the issuance of an Illinois Identification Card.
9		The Secretary shall charge an additional fee for the expedited
10		issuance of an Illinois Identification Card, to be set by
11		rule, not to exceed $75. All fees collected by the Secretary
12		for expedited Illinois Identification Card service shall be
13		deposited into the Secretary of State Special Services Fund.
14		The Secretary may adopt rules regarding the eligibility,
15		process, and fee for an expedited Illinois Identification
16		Card. If the Secretary of State determines that the volume of
17		expedited identification card requests received on a given day
18		exceeds the ability of the Secretary to process those requests
19		in an expedited manner, the Secretary may decline to provide
20		expedited services, and the additional fee for the expedited
21		service shall be refunded to the applicant.
22		(a-20) The Secretary of State shall issue a standard
23		Illinois Identification Card to a person committed to the
24		Department of Corrections or Department of Juvenile Justice
25		upon receipt of the person's birth certificate, social
26		security card, photograph, proof of residency upon discharge,

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1		and an identification card application transferred via a
2		secure method as agreed upon by the Secretary and the
3		Department of Corrections or Department of Juvenile Justice.
4		Illinois residency shall be established by submission of a
5		Secretary of State prescribed Identification Card verification
6		form completed by the respective Department.
7		(a-25) The Secretary of State shall issue a limited-term
8		Illinois Identification Card valid for 90 days to a committed
9		person upon release on parole, mandatory supervised release,
10		aftercare release, final discharge, or pardon from the
11		Department of Corrections or Department of Juvenile Justice,
12		if the released person is unable to present a certified copy of
13		his or her birth certificate and social security card or other
14		documents authorized by the Secretary, but does present a
15		Secretary of State prescribed Identification Card verification
16		form completed by the Department of Corrections or Department
17		of Juvenile Justice, verifying the released person's date of
18		birth, social security number, and his or her Illinois
19		residence address. The verification form must have been
20		completed no more than 30 days prior to the date of application
21		for the Illinois Identification Card.
22		Prior to the expiration of the 90-day period of the
23		limited-term Illinois Identification Card, if the released
24		person submits to the Secretary of State a certified copy of
25		his or her birth certificate and his or her social security
26		card or other documents authorized by the Secretary, a

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1		standard Illinois Identification Card shall be issued. A
2		limited-term Illinois Identification Card may not be renewed.
3		(a-30) The Secretary of State shall issue a standard
4		Illinois Identification Card to a person upon conditional
5		release or absolute discharge from the custody of the
6		Department of Human Services, if the person presents a
7		certified copy of his or her birth certificate, social
8		security card, or other documents authorized by the Secretary,
9		and a document proving his or her Illinois residence address.
10		The Secretary of State shall issue a standard Illinois
11		Identification Card to a person prior to his or her
12		conditional release or absolute discharge if personnel from
13		the Department of Human Services bring the person to a
14		Secretary of State location with the required documents.
15		Documents proving residence address may include any official
16		document of the Department of Human Services showing the
17		person's address after release and a Secretary of State
18		prescribed verification form, which may be executed by
19		personnel of the Department of Human Services.
20		(a-35) The Secretary of State shall issue a limited-term
21		Illinois Identification Card valid for 90 days to a person
22		upon conditional release or absolute discharge from the
23		custody of the Department of Human Services, if the person is
24		unable to present a certified copy of his or her birth
25		certificate and social security card or other documents
26		authorized by the Secretary, but does present a Secretary of

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1		State prescribed verification form completed by the Department
2		of Human Services, verifying the person's date of birth and
3		social security number, and a document proving his or her
4		Illinois residence address. The verification form must have
5		been completed no more than 30 days prior to the date of
6		application for the Illinois Identification Card. The
7		Secretary of State shall issue a limited-term Illinois
8		Identification Card to a person no sooner than 14 days prior to
9		his or her conditional release or absolute discharge if
10		personnel from the Department of Human Services bring the
11		person to a Secretary of State location with the required
12		documents. Documents proving residence address shall include
13		any official document of the Department of Human Services
14		showing the person's address after release and a Secretary of
15		State prescribed verification form, which may be executed by
16		personnel of the Department of Human Services.
17		(b) The Secretary of State shall issue a special Illinois
18		Identification Card, which shall be known as an Illinois
19		Person with a Disability Identification Card, to any natural
20		person who is a resident of the State of Illinois, who is a
21		person with a disability as defined in Section 4A of this Act,
22		who applies for such card, or renewal thereof. No Illinois
23		Person with a Disability Identification Card shall be issued
24		to any person who holds a valid foreign state identification
25		card, license, or permit unless the person first surrenders to
26		the Secretary of State the valid foreign state identification

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1		card, license, or permit. The Secretary of State shall charge
2		no fee to issue such card. The card shall be prepared and
3		supplied by the Secretary of State, and shall include a
4		photograph and signature or mark of the applicant, a
5		designation indicating that the card is an Illinois Person
6		with a Disability Identification Card, and shall include a
7		comprehensible designation of the type and classification of
8		the applicant's disability as set out in Section 4A of this
9		Act. However, the Secretary of State may provide by rule for
10		the issuance of Illinois Person with a Disability
11		Identification Cards without photographs if the applicant has
12		a bona fide religious objection to being photographed or to
13		the display of his or her photograph. If the applicant so
14		requests, the card shall include a description of the
15		applicant's disability and any information about the
16		applicant's disability or medical history which the Secretary
17		determines would be helpful to the applicant in securing
18		emergency medical care. If a mark is used in lieu of a
19		signature, such mark shall be affixed to the card in the
20		presence of two witnesses who attest to the authenticity of
21		the mark. The Illinois Person with a Disability Identification
22		Card may be used for identification purposes in any lawful
23		situation by the person to whom it was issued.
24		The Illinois Person with a Disability Identification Card
25		may be used as adequate documentation of disability in lieu of
26		a physician's determination of disability, a determination of

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1		disability from a physician assistant, a determination of
2		disability from an advanced practice registered nurse, or any
3		other documentation of disability whenever any State law
4		requires that a person with a disability provide such
5		documentation of disability, however an Illinois Person with a
6		Disability Identification Card shall not qualify the
7		cardholder to participate in any program or to receive any
8		benefit which is not available to all persons with like
9		disabilities. Notwithstanding any other provisions of law, an
10		Illinois Person with a Disability Identification Card, or
11		evidence that the Secretary of State has issued an Illinois
12		Person with a Disability Identification Card, shall not be
13		used by any person other than the person named on such card to
14		prove that the person named on such card is a person with a
15		disability or for any other purpose unless the card is used for
16		the benefit of the person named on such card, and the person
17		named on such card consents to such use at the time the card is
18		so used.
19		An optometrist's determination of a visual disability
20		under Section 4A of this Act is acceptable as documentation
21		for the purpose of issuing an Illinois Person with a
22		Disability Identification Card.
23		When medical information is contained on an Illinois
24		Person with a Disability Identification Card, the Office of
25		the Secretary of State shall not be liable for any actions
26		taken based upon that medical information.

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1		(c) The Secretary of State shall provide that each
2		original or renewal Illinois Identification Card or Illinois
3		Person with a Disability Identification Card issued to a
4		person under the age of 21 shall be of a distinct nature from
5		those Illinois Identification Cards or Illinois Person with a
6		Disability Identification Cards issued to individuals 21 years
7		of age or older. The color designated for Illinois
8		Identification Cards or Illinois Person with a Disability
9		Identification Cards for persons under the age of 21 shall be
10		at the discretion of the Secretary of State.
11		(c-1) Each original or renewal Illinois Identification
12		Card or Illinois Person with a Disability Identification Card
13		issued to a person under the age of 21 shall display the date
14		upon which the person becomes 18 years of age and the date upon
15		which the person becomes 21 years of age.
16		(c-3) The General Assembly recognizes the need to identify
17		military veterans living in this State for the purpose of
18		ensuring that they receive all of the services and benefits to
19		which they are legally entitled, including healthcare,
20		education assistance, and job placement. To assist the State
21		in identifying these veterans and delivering these vital
22		services and benefits, the Secretary of State is authorized to
23		issue Illinois Identification Cards and Illinois Person with a
24		Disability Identification Cards with the word "veteran"
25		appearing on the face of the cards. This authorization is
26		predicated on the unique status of veterans. The Secretary may

HB4844 Engrossed - 91 - LRB103 39009 AMC 69146 b
1		not issue any other identification card which identifies an
2		occupation, status, affiliation, hobby, or other unique
3		characteristics of the identification card holder which is
4		unrelated to the purpose of the identification card.
5		(c-5) Beginning on or before July 1, 2015, the Secretary
6		of State shall designate a space on each original or renewal
7		identification card where, at the request of the applicant,
8		the word "veteran" shall be placed. The veteran designation
9		shall be available to a person identified as a veteran under
10		subsection (b) of Section 5 of this Act who was discharged or
11		separated under honorable conditions.
12		(d) The Secretary of State may issue a Senior Citizen
13		discount card, to any natural person who is a resident of the
14		State of Illinois who is 60 years of age or older and who
15		applies for such a card or renewal thereof. The Secretary of
16		State shall charge no fee to issue such card. The card shall be
17		issued in every county and applications shall be made
18		available at, but not limited to, nutrition sites, senior
19		citizen centers and Area Agencies on Aging. The applicant,
20		upon receipt of such card and prior to its use for any purpose,
21		shall have affixed thereon in the space provided therefor his
22		signature or mark.
23		(e) The Secretary of State, in his or her discretion, may
24		designate on each Illinois Identification Card or Illinois
25		Person with a Disability Identification Card a space where the
26		card holder may place a sticker or decal, issued by the

HB4844 Engrossed - 92 - LRB103 39009 AMC 69146 b
1		Secretary of State, of uniform size as the Secretary may
2		specify, that shall indicate in appropriate language that the
3		card holder has renewed his or her Illinois Identification
4		Card or Illinois Person with a Disability Identification Card.
5		(Source: P.A. 102-299, eff. 8-6-21; 103-345, eff. 1-1-24.)
6		(Text of Section after amendment by P.A. 103-210)
7		Sec. 4. Identification card.
8		(a) The Secretary of State shall issue a standard Illinois
9		Identification Card to any natural person who is a resident of
10		the State of Illinois who applies for such card, or renewal
11		thereof. No identification card shall be issued to any person
12		who holds a valid foreign state identification card, license,
13		or permit unless the person first surrenders to the Secretary
14		of State the valid foreign state identification card, license,
15		or permit. The card shall be prepared and supplied by the
16		Secretary of State and shall include a photograph and
17		signature or mark of the applicant. However, the Secretary of
18		State may provide by rule for the issuance of Illinois
19		Identification Cards without photographs if the applicant has
20		a bona fide religious objection to being photographed or to
21		the display of his or her photograph. The Illinois
22		Identification Card may be used for identification purposes in
23		any lawful situation only by the person to whom it was issued.
24		As used in this Act, "photograph" means any color photograph
25		or digitally produced and captured image of an applicant for

HB4844 Engrossed - 93 - LRB103 39009 AMC 69146 b
1		an identification card. As used in this Act, "signature" means
2		the name of a person as written by that person and captured in
3		a manner acceptable to the Secretary of State.
4		(a-5) If an applicant for an identification card has a
5		current driver's license or instruction permit issued by the
6		Secretary of State, the Secretary may require the applicant to
7		utilize the same residence address and name on the
8		identification card, driver's license, and instruction permit
9		records maintained by the Secretary. The Secretary may
10		promulgate rules to implement this provision.
11		(a-10) If the applicant is a judicial officer as defined
12		in Section 1-10 of the Judicial Privacy Act or a peace officer,
13		the applicant may elect to have his or her office or work
14		address listed on the card instead of the applicant's
15		residence or mailing address. The Secretary may promulgate
16		rules to implement this provision. For the purposes of this
17		subsection (a-10), "peace officer" means any person who by
18		virtue of his or her office or public employment is vested by
19		law with a duty to maintain public order or to make arrests for
20		a violation of any penal statute of this State, whether that
21		duty extends to all violations or is limited to specific
22		violations.
23		(a-15) The Secretary of State may provide for an expedited
24		process for the issuance of an Illinois Identification Card.
25		The Secretary shall charge an additional fee for the expedited
26		issuance of an Illinois Identification Card, to be set by

HB4844 Engrossed - 94 - LRB103 39009 AMC 69146 b
1		rule, not to exceed $75. All fees collected by the Secretary
2		for expedited Illinois Identification Card service shall be
3		deposited into the Secretary of State Special Services Fund.
4		The Secretary may adopt rules regarding the eligibility,
5		process, and fee for an expedited Illinois Identification
6		Card. If the Secretary of State determines that the volume of
7		expedited identification card requests received on a given day
8		exceeds the ability of the Secretary to process those requests
9		in an expedited manner, the Secretary may decline to provide
10		expedited services, and the additional fee for the expedited
11		service shall be refunded to the applicant.
12		(a-20) The Secretary of State shall issue a standard
13		Illinois Identification Card to a person committed to the
14		Department of Corrections or Department of Juvenile Justice
15		upon receipt of the person's birth certificate, social
16		security card, if the person has a social security number,
17		photograph, proof of residency upon discharge, and an
18		identification card application transferred via a secure
19		method as agreed upon by the Secretary and the Department of
20		Corrections or Department of Juvenile Justice, if the person
21		has a social security number,. Illinois residency shall be
22		established by submission of a Secretary of State prescribed
23		Identification Card verification form completed by the
24		respective Department.
25		(a-25) The Secretary of State shall issue a limited-term
26		Illinois Identification Card valid for 90 days to a committed

HB4844 Engrossed - 95 - LRB103 39009 AMC 69146 b
1		person upon release on parole, mandatory supervised release,
2		aftercare release, final discharge, or pardon from the
3		Department of Corrections or Department of Juvenile Justice,
4		if the released person is unable to present a certified copy of
5		his or her birth certificate and social security card, if the
6		person has a social security number, or other documents
7		authorized by the Secretary, but does present a Secretary of
8		State prescribed Identification Card verification form
9		completed by the Department of Corrections or Department of
10		Juvenile Justice, verifying the released person's date of
11		birth, social security number, if the person has a social
12		security number, and his or her Illinois residence address.
13		The verification form must have been completed no more than 30
14		days prior to the date of application for the Illinois
15		Identification Card.
16		Prior to the expiration of the 90-day period of the
17		limited-term Illinois Identification Card, if the released
18		person submits to the Secretary of State a certified copy of
19		his or her birth certificate and his or her social security
20		card, if the person has a social security number, or other
21		documents authorized by the Secretary, a standard Illinois
22		Identification Card shall be issued. A limited-term Illinois
23		Identification Card may not be renewed.
24		(a-30) The Secretary of State shall issue a standard
25		Illinois Identification Card to a person upon conditional
26		release or absolute discharge from the custody of the

HB4844 Engrossed - 96 - LRB103 39009 AMC 69146 b
1		Department of Human Services, if the person presents a
2		certified copy of his or her birth certificate, social
3		security card, if the person has a social security number, or
4		other documents authorized by the Secretary, and a document
5		proving his or her Illinois residence address. The Secretary
6		of State shall issue a standard Illinois Identification Card
7		to a person prior to his or her conditional release or absolute
8		discharge if personnel from the Department of Human Services
9		bring the person to a Secretary of State location with the
10		required documents. Documents proving residence address may
11		include any official document of the Department of Human
12		Services showing the person's address after release and a
13		Secretary of State prescribed verification form, which may be
14		executed by personnel of the Department of Human Services.
15		(a-35) The Secretary of State shall issue a limited-term
16		Illinois Identification Card valid for 90 days to a person
17		upon conditional release or absolute discharge from the
18		custody of the Department of Human Services, if the person is
19		unable to present a certified copy of his or her birth
20		certificate and social security card, if the person has a
21		social security number, or other documents authorized by the
22		Secretary, but does present a Secretary of State prescribed
23		verification form completed by the Department of Human
24		Services, verifying the person's date of birth and social
25		security number, if the person has a social security number,
26		and a document proving his or her Illinois residence address.

HB4844 Engrossed - 97 - LRB103 39009 AMC 69146 b
1		The verification form must have been completed no more than 30
2		days prior to the date of application for the Illinois
3		Identification Card. The Secretary of State shall issue a
4		limited-term Illinois Identification Card to a person no
5		sooner than 14 days prior to his or her conditional release or
6		absolute discharge if personnel from the Department of Human
7		Services bring the person to a Secretary of State location
8		with the required documents. Documents proving residence
9		address shall include any official document of the Department
10		of Human Services showing the person's address after release
11		and a Secretary of State prescribed verification form, which
12		may be executed by personnel of the Department of Human
13		Services.
14		(b) The Secretary of State shall issue a special Illinois
15		Identification Card, which shall be known as an Illinois
16		Person with a Disability Identification Card, to any natural
17		person who is a resident of the State of Illinois, who is a
18		person with a disability as defined in Section 4A of this Act,
19		who applies for such card, or renewal thereof. No Illinois
20		Person with a Disability Identification Card shall be issued
21		to any person who holds a valid foreign state identification
22		card, license, or permit unless the person first surrenders to
23		the Secretary of State the valid foreign state identification
24		card, license, or permit. The Secretary of State shall charge
25		no fee to issue such card. The card shall be prepared and
26		supplied by the Secretary of State, and shall include a

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1		photograph and signature or mark of the applicant, a
2		designation indicating that the card is an Illinois Person
3		with a Disability Identification Card, and shall include a
4		comprehensible designation of the type and classification of
5		the applicant's disability as set out in Section 4A of this
6		Act. However, the Secretary of State may provide by rule for
7		the issuance of Illinois Person with a Disability
8		Identification Cards without photographs if the applicant has
9		a bona fide religious objection to being photographed or to
10		the display of his or her photograph. If the applicant so
11		requests, the card shall include a description of the
12		applicant's disability and any information about the
13		applicant's disability or medical history which the Secretary
14		determines would be helpful to the applicant in securing
15		emergency medical care. If a mark is used in lieu of a
16		signature, such mark shall be affixed to the card in the
17		presence of two witnesses who attest to the authenticity of
18		the mark. The Illinois Person with a Disability Identification
19		Card may be used for identification purposes in any lawful
20		situation by the person to whom it was issued.
21		The Illinois Person with a Disability Identification Card
22		may be used as adequate documentation of disability in lieu of
23		a physician's determination of disability, a determination of
24		disability from a physician assistant, a determination of
25		disability from an advanced practice registered nurse, or any
26		other documentation of disability whenever any State law

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1		requires that a person with a disability provide such
2		documentation of disability, however an Illinois Person with a
3		Disability Identification Card shall not qualify the
4		cardholder to participate in any program or to receive any
5		benefit which is not available to all persons with like
6		disabilities. Notwithstanding any other provisions of law, an
7		Illinois Person with a Disability Identification Card, or
8		evidence that the Secretary of State has issued an Illinois
9		Person with a Disability Identification Card, shall not be
10		used by any person other than the person named on such card to
11		prove that the person named on such card is a person with a
12		disability or for any other purpose unless the card is used for
13		the benefit of the person named on such card, and the person
14		named on such card consents to such use at the time the card is
15		so used.
16		An optometrist's determination of a visual disability
17		under Section 4A of this Act is acceptable as documentation
18		for the purpose of issuing an Illinois Person with a
19		Disability Identification Card.
20		When medical information is contained on an Illinois
21		Person with a Disability Identification Card, the Office of
22		the Secretary of State shall not be liable for any actions
23		taken based upon that medical information.
24		(c) The Secretary of State shall provide that each
25		original or renewal Illinois Identification Card or Illinois
26		Person with a Disability Identification Card issued to a

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1		person under the age of 21 shall be of a distinct nature from
2		those Illinois Identification Cards or Illinois Person with a
3		Disability Identification Cards issued to individuals 21 years
4		of age or older. The color designated for Illinois
5		Identification Cards or Illinois Person with a Disability
6		Identification Cards for persons under the age of 21 shall be
7		at the discretion of the Secretary of State.
8		(c-1) Each original or renewal Illinois Identification
9		Card or Illinois Person with a Disability Identification Card
10		issued to a person under the age of 21 shall display the date
11		upon which the person becomes 18 years of age and the date upon
12		which the person becomes 21 years of age.
13		(c-3) The General Assembly recognizes the need to identify
14		military veterans living in this State for the purpose of
15		ensuring that they receive all of the services and benefits to
16		which they are legally entitled, including healthcare,
17		education assistance, and job placement. To assist the State
18		in identifying these veterans and delivering these vital
19		services and benefits, the Secretary of State is authorized to
20		issue Illinois Identification Cards and Illinois Person with a
21		Disability Identification Cards with the word "veteran"
22		appearing on the face of the cards. This authorization is
23		predicated on the unique status of veterans. The Secretary may
24		not issue any other identification card which identifies an
25		occupation, status, affiliation, hobby, or other unique
26		characteristics of the identification card holder which is

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1		unrelated to the purpose of the identification card.
2		(c-5) Beginning on or before July 1, 2015, the Secretary
3		of State shall designate a space on each original or renewal
4		identification card where, at the request of the applicant,
5		the word "veteran" shall be placed. The veteran designation
6		shall be available to a person identified as a veteran under
7		subsection (b) of Section 5 of this Act who was discharged or
8		separated under honorable conditions.
9		(d) The Secretary of State may issue a Senior Citizen
10		discount card, to any natural person who is a resident of the
11		State of Illinois who is 60 years of age or older and who
12		applies for such a card or renewal thereof. The Secretary of
13		State shall charge no fee to issue such card. The card shall be
14		issued in every county and applications shall be made
15		available at, but not limited to, nutrition sites, senior
16		citizen centers and Area Agencies on Aging. The applicant,
17		upon receipt of such card and prior to its use for any purpose,
18		shall have affixed thereon in the space provided therefor his
19		signature or mark.
20		(e) The Secretary of State, in his or her discretion, may
21		designate on each Illinois Identification Card or Illinois
22		Person with a Disability Identification Card a space where the
23		card holder may place a sticker or decal, issued by the
24		Secretary of State, of uniform size as the Secretary may
25		specify, that shall indicate in appropriate language that the
26		card holder has renewed his or her Illinois Identification

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1		Card or Illinois Person with a Disability Identification Card.
2		(Source: P.A. 102-299, eff. 8-6-21; 103-210, eff. 7-1-24;
3		103-345, eff. 1-1-24; revised 12-12-23.)
4		Section 45. The State Treasurer Employment Code is amended
5		by changing Section 7a as follows:
6		(15 ILCS 510/7a) (from Ch. 130, par. 107a)
7		Sec. 7a. Terms; compensation Terms - compensation. Members
8		of the Personnel Review Board shall initially be appointed as
9		follows:
10		(a) One member to serve for 2 years and until a
11		successor is appointed;
12		(b) One member to serve for 4 years and until a
13		successor is appointed; and
14		(c) One member to serve for 6 years and until a
15		successor is appointed.
16		Thereafter, members of the Board shall be appointed by the
17		Treasurer for 6-year 6 year terms with the advice and consent
18		of the Senate. One member of the Board shall be appointed a
19		chairperson for a 2-year 2 year term. Members of the Board
20		shall each be paid $100 for each day they are engaged in the
21		business of the Board and shall be reimbursed for their
22		expenses when engaged in such business.
23		(Source: P.A. 103-152, eff. 6-30-23; revised 9-20-23.)

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1		Section 50. The Civil Administrative Code of Illinois is
2		amended by changing Section 5-222 as follows:
3		(20 ILCS 5/5-222)
4		Sec. 5-222. Director of the Illinois Power Agency. The
5		Director of the Illinois Power Agency must have at least 10
6		years of combined experience in the electric industry,
7		electricity policy, or electricity markets and must possess:
8		(i) general knowledge of the responsibilities of being a
9		director, (ii) managerial experience, and (iii) an advanced
10		degree in economics, risk management, law, business,
11		engineering, or a related field. The Director of the Illinois
12		Power Agency must have experience with the renewable energy
13		industry and understanding of the programs established by
14		Public Act 102-662 intended to promote equity in the renewable
15		energy industry.
16		(Source: P.A. 102-1123, eff. 1-27-23; revised 4-4-23.)
17		Section 55. The Data Governance and Organization to
18		Support Equity and Racial Justice Act is amended by changing
19		Section 20-15 as follows:
20		(20 ILCS 65/20-15)
21		Sec. 20-15. Data governance and organization to support
22		equity and racial justice.
23		(a) On or before July 1, 2022 and each July 1 thereafter,

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1		the Board and the Department shall report statistical data on
2		the racial, ethnic, age, sex, disability status, sexual
3		orientation, gender identity, and primary or preferred
4		language demographics of program participants for each major
5		program administered by the Board or the Department, except as
6		provided in subsection (a-5). Except as provided in subsection
7		(b), when reporting the data required under this Section, the
8		Board or the Department shall use the same racial and ethnic
9		classifications for each program, which shall include, but not
10		be limited to, the following:
11		(1) American Indian and Alaska Native alone.
12		(2) Asian alone.
13		(3) Black or African American alone.
14		(4) Hispanic or Latino of any race.
15		(5) Native Hawaiian and Other Pacific Islander alone.
16		(6) White alone.
17		(7) Middle Eastern or North African.
18		(8) Some other race alone.
19		(9) Two or more races.
20		The Board and the Department may further define, by rule,
21		the racial and ethnic classifications, including, if
22		necessary, a classification of "No Race Specified".
23		(a-5) In relation to major program participants, the Board
24		shall not be required to collect personally identifiable
25		information and report statistical data on the categories of
26		sex, sexual orientation, and gender identity unless required

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1		for federal reporting. The Board shall make available reports
2		on its Internet website, posted where other mandated reports
3		are posted, of statistical data on sex, sexual orientation,
4		and gender identity demographics through anonymous surveys or
5		other methods as age and developmentally appropriate.
6		(b) If a program administered by the Board or the
7		Department is subject to federal reporting requirements that
8		include the collection and public reporting of statistical
9		data on the racial and ethnic demographics of program
10		participants, the Department may maintain the same racial and
11		ethnic classifications used under the federal requirements if
12		such classifications differ from the classifications listed in
13		subsection (a).
14		(c) The Department of Innovation and Technology shall
15		assist the Board and the Department by establishing common
16		technological processes and procedures for the Board and the
17		Department to:
18		(1) Catalog data.
19		(2) Identify similar fields in datasets.
20		(3) Manage data requests.
21		(4) Share data.
22		(5) Collect data.
23		(6) Improve and clean data.
24		(7) Match data across the Board and Departments.
25		(8) Develop research and analytic agendas.
26		(9) Report on program participation disaggregated by

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1		race and ethnicity.
2		(10) Evaluate equitable outcomes for underserved
3		populations in Illinois.
4		(11) Define common roles for data management.
5		(12) Ensure that all major programs can report
6		disaggregated data by race, ethnicity, age, sex,
7		disability status, sexual orientation, and gender
8		identity, and primary or preferred language.
9		The Board and the Department shall use the common
10		technological processes and procedures established by the
11		Department of Innovation and Technology.
12		(d) If the Board or the Department is unable to begin
13		reporting the data required by subsection (a) by July 1, 2022,
14		the Board or the Department shall state the reasons for the
15		delay under the reporting requirements.
16		(e) By no later than March 31, 2022, the Board and the
17		Department shall provide a progress report to the General
18		Assembly to disclose: (i) the programs and datasets that have
19		been cataloged for which race, ethnicity, age, sex, disability
20		status, sexual orientation, gender identity, and primary or
21		preferred language have been standardized; and (ii) to the
22		extent possible, the datasets and programs that are
23		outstanding for each agency and the datasets that are planned
24		for the upcoming year. On or before March 31, 2023, and each
25		year thereafter, the Board and the Department shall provide an
26		updated report to the General Assembly.

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1		(f) By no later than October 31, 2021, the Governor's
2		Office shall provide a plan to establish processes for input
3		from the Board and the Department into processes outlined in
4		subsection (c). The plan shall incorporate ongoing efforts at
5		data interoperability within the Department and the governance
6		established to support the P-20 Longitudinal Education Data
7		System enacted by Public Act 96-107.
8		(g) Nothing in this Section shall be construed to limit
9		the rights granted to individuals or data sharing protections
10		established under existing State and federal data privacy and
11		security laws.
12		(Source: P.A. 102-543, eff. 8-20-21; 103-154, eff. 6-30-23;
13		103-175, eff. 6-30-23; 103-414, eff. 1-1-24; revised
14		12-12-23.)
15		Section 60. The Illinois Act on the Aging is amended by
16		changing Section 4.02 as follows:
17		(20 ILCS 105/4.02)
18		Sec. 4.02. Community Care Program. The Department shall
19		establish a program of services to prevent unnecessary
20		institutionalization of persons age 60 and older in need of
21		long term care or who are established as persons who suffer
22		from Alzheimer's disease or a related disorder under the
23		Alzheimer's Disease Assistance Act, thereby enabling them to
24		remain in their own homes or in other living arrangements.

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1		Such preventive services, which may be coordinated with other
2		programs for the aged and monitored by area agencies on aging
3		in cooperation with the Department, may include, but are not
4		limited to, any or all of the following:
5		(a) (blank);
6		(b) (blank);
7		(c) home care aide services;
8		(d) personal assistant services;
9		(e) adult day services;
10		(f) home-delivered meals;
11		(g) education in self-care;
12		(h) personal care services;
13		(i) adult day health services;
14		(j) habilitation services;
15		(k) respite care;
16		(k-5) community reintegration services;
17		(k-6) flexible senior services;
18		(k-7) medication management;
19		(k-8) emergency home response;
20		(l) other nonmedical social services that may enable
21		the person to become self-supporting; or
22		(m) clearinghouse for information provided by senior
23		citizen home owners who want to rent rooms to or share
24		living space with other senior citizens.
25		The Department shall establish eligibility standards for
26		such services. In determining the amount and nature of

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1		services for which a person may qualify, consideration shall
2		not be given to the value of cash, property, or other assets
3		held in the name of the person's spouse pursuant to a written
4		agreement dividing marital property into equal but separate
5		shares or pursuant to a transfer of the person's interest in a
6		home to his spouse, provided that the spouse's share of the
7		marital property is not made available to the person seeking
8		such services.
9		Beginning January 1, 2008, the Department shall require as
10		a condition of eligibility that all new financially eligible
11		applicants apply for and enroll in medical assistance under
12		Article V of the Illinois Public Aid Code in accordance with
13		rules promulgated by the Department.
14		The Department shall, in conjunction with the Department
15		of Public Aid (now Department of Healthcare and Family
16		Services), seek appropriate amendments under Sections 1915 and
17		1924 of the Social Security Act. The purpose of the amendments
18		shall be to extend eligibility for home and community based
19		services under Sections 1915 and 1924 of the Social Security
20		Act to persons who transfer to or for the benefit of a spouse
21		those amounts of income and resources allowed under Section
22		1924 of the Social Security Act. Subject to the approval of
23		such amendments, the Department shall extend the provisions of
24		Section 5-4 of the Illinois Public Aid Code to persons who, but
25		for the provision of home or community-based services, would
26		require the level of care provided in an institution, as is

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1		provided for in federal law. Those persons no longer found to
2		be eligible for receiving noninstitutional services due to
3		changes in the eligibility criteria shall be given 45 days
4		notice prior to actual termination. Those persons receiving
5		notice of termination may contact the Department and request
6		the determination be appealed at any time during the 45 day
7		notice period. The target population identified for the
8		purposes of this Section are persons age 60 and older with an
9		identified service need. Priority shall be given to those who
10		are at imminent risk of institutionalization. The services
11		shall be provided to eligible persons age 60 and older to the
12		extent that the cost of the services together with the other
13		personal maintenance expenses of the persons are reasonably
14		related to the standards established for care in a group
15		facility appropriate to the person's condition. These
16		non-institutional services, pilot projects, or experimental
17		facilities may be provided as part of or in addition to those
18		authorized by federal law or those funded and administered by
19		the Department of Human Services. The Departments of Human
20		Services, Healthcare and Family Services, Public Health,
21		Veterans' Affairs, and Commerce and Economic Opportunity and
22		other appropriate agencies of State, federal, and local
23		governments shall cooperate with the Department on Aging in
24		the establishment and development of the non-institutional
25		services. The Department shall require an annual audit from
26		all personal assistant and home care aide vendors contracting

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1		with the Department under this Section. The annual audit shall
2		assure that each audited vendor's procedures are in compliance
3		with Department's financial reporting guidelines requiring an
4		administrative and employee wage and benefits cost split as
5		defined in administrative rules. The audit is a public record
6		under the Freedom of Information Act. The Department shall
7		execute, relative to the nursing home prescreening project,
8		written inter-agency agreements with the Department of Human
9		Services and the Department of Healthcare and Family Services,
10		to effect the following: (1) intake procedures and common
11		eligibility criteria for those persons who are receiving
12		non-institutional services; and (2) the establishment and
13		development of non-institutional services in areas of the
14		State where they are not currently available or are
15		undeveloped. On and after July 1, 1996, all nursing home
16		prescreenings for individuals 60 years of age or older shall
17		be conducted by the Department.
18		As part of the Department on Aging's routine training of
19		case managers and case manager supervisors, the Department may
20		include information on family futures planning for persons who
21		are age 60 or older and who are caregivers of their adult
22		children with developmental disabilities. The content of the
23		training shall be at the Department's discretion.
24		The Department is authorized to establish a system of
25		recipient copayment for services provided under this Section,
26		such copayment to be based upon the recipient's ability to pay

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1		but in no case to exceed the actual cost of the services
2		provided. Additionally, any portion of a person's income which
3		is equal to or less than the federal poverty standard shall not
4		be considered by the Department in determining the copayment.
5		The level of such copayment shall be adjusted whenever
6		necessary to reflect any change in the officially designated
7		federal poverty standard.
8		The Department, or the Department's authorized
9		representative, may recover the amount of moneys expended for
10		services provided to or in behalf of a person under this
11		Section by a claim against the person's estate or against the
12		estate of the person's surviving spouse, but no recovery may
13		be had until after the death of the surviving spouse, if any,
14		and then only at such time when there is no surviving child who
15		is under age 21 or blind or who has a permanent and total
16		disability. This paragraph, however, shall not bar recovery,
17		at the death of the person, of moneys for services provided to
18		the person or in behalf of the person under this Section to
19		which the person was not entitled; provided that such recovery
20		shall not be enforced against any real estate while it is
21		occupied as a homestead by the surviving spouse or other
22		dependent, if no claims by other creditors have been filed
23		against the estate, or, if such claims have been filed, they
24		remain dormant for failure of prosecution or failure of the
25		claimant to compel administration of the estate for the
26		purpose of payment. This paragraph shall not bar recovery from

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1		the estate of a spouse, under Sections 1915 and 1924 of the
2		Social Security Act and Section 5-4 of the Illinois Public Aid
3		Code, who precedes a person receiving services under this
4		Section in death. All moneys for services paid to or in behalf
5		of the person under this Section shall be claimed for recovery
6		from the deceased spouse's estate. "Homestead", as used in
7		this paragraph, means the dwelling house and contiguous real
8		estate occupied by a surviving spouse or relative, as defined
9		by the rules and regulations of the Department of Healthcare
10		and Family Services, regardless of the value of the property.
11		The Department shall increase the effectiveness of the
12		existing Community Care Program by:
13		(1) ensuring that in-home services included in the
14		care plan are available on evenings and weekends;
15		(2) ensuring that care plans contain the services that
16		eligible participants need based on the number of days in
17		a month, not limited to specific blocks of time, as
18		identified by the comprehensive assessment tool selected
19		by the Department for use statewide, not to exceed the
20		total monthly service cost maximum allowed for each
21		service; the Department shall develop administrative rules
22		to implement this item (2);
23		(3) ensuring that the participants have the right to
24		choose the services contained in their care plan and to
25		direct how those services are provided, based on
26		administrative rules established by the Department;

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1		(4) ensuring that the determination of need tool is
2		accurate in determining the participants' level of need;
3		to achieve this, the Department, in conjunction with the
4		Older Adult Services Advisory Committee, shall institute a
5		study of the relationship between the Determination of
6		Need scores, level of need, service cost maximums, and the
7		development and utilization of service plans no later than
8		May 1, 2008; findings and recommendations shall be
9		presented to the Governor and the General Assembly no
10		later than January 1, 2009; recommendations shall include
11		all needed changes to the service cost maximums schedule
12		and additional covered services;
13		(5) ensuring that homemakers can provide personal care
14		services that may or may not involve contact with clients,
15		including, but not limited to:
16		(A) bathing;
17		(B) grooming;
18		(C) toileting;
19		(D) nail care;
20		(E) transferring;
21		(F) respiratory services;
22		(G) exercise; or
23		(H) positioning;
24		(6) ensuring that homemaker program vendors are not
25		restricted from hiring homemakers who are family members
26		of clients or recommended by clients; the Department may

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1		not, by rule or policy, require homemakers who are family
2		members of clients or recommended by clients to accept
3		assignments in homes other than the client;
4		(7) ensuring that the State may access maximum federal
5		matching funds by seeking approval for the Centers for
6		Medicare and Medicaid Services for modifications to the
7		State's home and community based services waiver and
8		additional waiver opportunities, including applying for
9		enrollment in the Balance Incentive Payment Program by May
10		1, 2013, in order to maximize federal matching funds; this
11		shall include, but not be limited to, modification that
12		reflects all changes in the Community Care Program
13		services and all increases in the services cost maximum;
14		(8) ensuring that the determination of need tool
15		accurately reflects the service needs of individuals with
16		Alzheimer's disease and related dementia disorders;
17		(9) ensuring that services are authorized accurately
18		and consistently for the Community Care Program (CCP); the
19		Department shall implement a Service Authorization policy
20		directive; the purpose shall be to ensure that eligibility
21		and services are authorized accurately and consistently in
22		the CCP program; the policy directive shall clarify
23		service authorization guidelines to Care Coordination
24		Units and Community Care Program providers no later than
25		May 1, 2013;
26		(10) working in conjunction with Care Coordination

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1		Units, the Department of Healthcare and Family Services,
2		the Department of Human Services, Community Care Program
3		providers, and other stakeholders to make improvements to
4		the Medicaid claiming processes and the Medicaid
5		enrollment procedures or requirements as needed,
6		including, but not limited to, specific policy changes or
7		rules to improve the up-front enrollment of participants
8		in the Medicaid program and specific policy changes or
9		rules to insure more prompt submission of bills to the
10		federal government to secure maximum federal matching
11		dollars as promptly as possible; the Department on Aging
12		shall have at least 3 meetings with stakeholders by
13		January 1, 2014 in order to address these improvements;
14		(11) requiring home care service providers to comply
15		with the rounding of hours worked provisions under the
16		federal Fair Labor Standards Act (FLSA) and as set forth
17		in 29 CFR 785.48(b) by May 1, 2013;
18		(12) implementing any necessary policy changes or
19		promulgating any rules, no later than January 1, 2014, to
20		assist the Department of Healthcare and Family Services in
21		moving as many participants as possible, consistent with
22		federal regulations, into coordinated care plans if a care
23		coordination plan that covers long term care is available
24		in the recipient's area; and
25		(13) maintaining fiscal year 2014 rates at the same
26		level established on January 1, 2013.

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1		By January 1, 2009 or as soon after the end of the Cash and
2		Counseling Demonstration Project as is practicable, the
3		Department may, based on its evaluation of the demonstration
4		project, promulgate rules concerning personal assistant
5		services, to include, but need not be limited to,
6		qualifications, employment screening, rights under fair labor
7		standards, training, fiduciary agent, and supervision
8		requirements. All applicants shall be subject to the
9		provisions of the Health Care Worker Background Check Act.
10		The Department shall develop procedures to enhance
11		availability of services on evenings, weekends, and on an
12		emergency basis to meet the respite needs of caregivers.
13		Procedures shall be developed to permit the utilization of
14		services in successive blocks of 24 hours up to the monthly
15		maximum established by the Department. Workers providing these
16		services shall be appropriately trained.
17		Beginning on September 23, 1991 (the effective date of
18		Public Act 87-729) this amendatory Act of 1991, no person may
19		perform chore/housekeeping and home care aide services under a
20		program authorized by this Section unless that person has been
21		issued a certificate of pre-service to do so by his or her
22		employing agency. Information gathered to effect such
23		certification shall include (i) the person's name, (ii) the
24		date the person was hired by his or her current employer, and
25		(iii) the training, including dates and levels. Persons
26		engaged in the program authorized by this Section before the

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1		effective date of this amendatory Act of 1991 shall be issued a
2		certificate of all pre-service pre- and in-service training
3		from his or her employer upon submitting the necessary
4		information. The employing agency shall be required to retain
5		records of all staff pre-service pre- and in-service training,
6		and shall provide such records to the Department upon request
7		and upon termination of the employer's contract with the
8		Department. In addition, the employing agency is responsible
9		for the issuance of certifications of in-service training
10		completed to their employees.
11		The Department is required to develop a system to ensure
12		that persons working as home care aides and personal
13		assistants receive increases in their wages when the federal
14		minimum wage is increased by requiring vendors to certify that
15		they are meeting the federal minimum wage statute for home
16		care aides and personal assistants. An employer that cannot
17		ensure that the minimum wage increase is being given to home
18		care aides and personal assistants shall be denied any
19		increase in reimbursement costs.
20		The Community Care Program Advisory Committee is created
21		in the Department on Aging. The Director shall appoint
22		individuals to serve in the Committee, who shall serve at
23		their own expense. Members of the Committee must abide by all
24		applicable ethics laws. The Committee shall advise the
25		Department on issues related to the Department's program of
26		services to prevent unnecessary institutionalization. The

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1		Committee shall meet on a bi-monthly basis and shall serve to
2		identify and advise the Department on present and potential
3		issues affecting the service delivery network, the program's
4		clients, and the Department and to recommend solution
5		strategies. Persons appointed to the Committee shall be
6		appointed on, but not limited to, their own and their agency's
7		experience with the program, geographic representation, and
8		willingness to serve. The Director shall appoint members to
9		the Committee to represent provider, advocacy, policy
10		research, and other constituencies committed to the delivery
11		of high quality home and community-based services to older
12		adults. Representatives shall be appointed to ensure
13		representation from community care providers, including, but
14		not limited to, adult day service providers, homemaker
15		providers, case coordination and case management units,
16		emergency home response providers, statewide trade or labor
17		unions that represent home care aides and direct care staff,
18		area agencies on aging, adults over age 60, membership
19		organizations representing older adults, and other
20		organizational entities, providers of care, or individuals
21		with demonstrated interest and expertise in the field of home
22		and community care as determined by the Director.
23		Nominations may be presented from any agency or State
24		association with interest in the program. The Director, or his
25		or her designee, shall serve as the permanent co-chair of the
26		advisory committee. One other co-chair shall be nominated and

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1		approved by the members of the committee on an annual basis.
2		Committee members' terms of appointment shall be for 4 years
3		with one-quarter of the appointees' terms expiring each year.
4		A member shall continue to serve until his or her replacement
5		is named. The Department shall fill vacancies that have a
6		remaining term of over one year, and this replacement shall
7		occur through the annual replacement of expiring terms. The
8		Director shall designate Department staff to provide technical
9		assistance and staff support to the committee. Department
10		representation shall not constitute membership of the
11		committee. All Committee papers, issues, recommendations,
12		reports, and meeting memoranda are advisory only. The
13		Director, or his or her designee, shall make a written report,
14		as requested by the Committee, regarding issues before the
15		Committee.
16		The Department on Aging and the Department of Human
17		Services shall cooperate in the development and submission of
18		an annual report on programs and services provided under this
19		Section. Such joint report shall be filed with the Governor
20		and the General Assembly on or before March 31 of the following
21		fiscal year.
22		The requirement for reporting to the General Assembly
23		shall be satisfied by filing copies of the report as required
24		by Section 3.1 of the General Assembly Organization Act and
25		filing such additional copies with the State Government Report
26		Distribution Center for the General Assembly as is required

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1		under paragraph (t) of Section 7 of the State Library Act.
2		Those persons previously found eligible for receiving
3		non-institutional services whose services were discontinued
4		under the Emergency Budget Act of Fiscal Year 1992, and who do
5		not meet the eligibility standards in effect on or after July
6		1, 1992, shall remain ineligible on and after July 1, 1992.
7		Those persons previously not required to cost-share and who
8		were required to cost-share effective March 1, 1992, shall
9		continue to meet cost-share requirements on and after July 1,
10		1992. Beginning July 1, 1992, all clients will be required to
11		meet eligibility, cost-share, and other requirements and will
12		have services discontinued or altered when they fail to meet
13		these requirements.
14		For the purposes of this Section, "flexible senior
15		services" refers to services that require one-time or periodic
16		expenditures, including, but not limited to, respite care,
17		home modification, assistive technology, housing assistance,
18		and transportation.
19		The Department shall implement an electronic service
20		verification based on global positioning systems or other
21		cost-effective technology for the Community Care Program no
22		later than January 1, 2014.
23		The Department shall require, as a condition of
24		eligibility, enrollment in the medical assistance program
25		under Article V of the Illinois Public Aid Code (i) beginning
26		August 1, 2013, if the Auditor General has reported that the

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1		Department has failed to comply with the reporting
2		requirements of Section 2-27 of the Illinois State Auditing
3		Act; or (ii) beginning June 1, 2014, if the Auditor General has
4		reported that the Department has not undertaken the required
5		actions listed in the report required by subsection (a) of
6		Section 2-27 of the Illinois State Auditing Act.
7		The Department shall delay Community Care Program services
8		until an applicant is determined eligible for medical
9		assistance under Article V of the Illinois Public Aid Code (i)
10		beginning August 1, 2013, if the Auditor General has reported
11		that the Department has failed to comply with the reporting
12		requirements of Section 2-27 of the Illinois State Auditing
13		Act; or (ii) beginning June 1, 2014, if the Auditor General has
14		reported that the Department has not undertaken the required
15		actions listed in the report required by subsection (a) of
16		Section 2-27 of the Illinois State Auditing Act.
17		The Department shall implement co-payments for the
18		Community Care Program at the federally allowable maximum
19		level (i) beginning August 1, 2013, if the Auditor General has
20		reported that the Department has failed to comply with the
21		reporting requirements of Section 2-27 of the Illinois State
22		Auditing Act; or (ii) beginning June 1, 2014, if the Auditor
23		General has reported that the Department has not undertaken
24		the required actions listed in the report required by
25		subsection (a) of Section 2-27 of the Illinois State Auditing
26		Act.

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1		The Department shall continue to provide other Community
2		Care Program reports as required by statute.
3		The Department shall conduct a quarterly review of Care
4		Coordination Unit performance and adherence to service
5		guidelines. The quarterly review shall be reported to the
6		Speaker of the House of Representatives, the Minority Leader
7		of the House of Representatives, the President of the Senate,
8		and the Minority Leader of the Senate. The Department shall
9		collect and report longitudinal data on the performance of
10		each care coordination unit. Nothing in this paragraph shall
11		be construed to require the Department to identify specific
12		care coordination units.
13		In regard to community care providers, failure to comply
14		with Department on Aging policies shall be cause for
15		disciplinary action, including, but not limited to,
16		disqualification from serving Community Care Program clients.
17		Each provider, upon submission of any bill or invoice to the
18		Department for payment for services rendered, shall include a
19		notarized statement, under penalty of perjury pursuant to
20		Section 1-109 of the Code of Civil Procedure, that the
21		provider has complied with all Department policies.
22		The Director of the Department on Aging shall make
23		information available to the State Board of Elections as may
24		be required by an agreement the State Board of Elections has
25		entered into with a multi-state voter registration list
26		maintenance system.

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1		Within 30 days after July 6, 2017 (the effective date of
2		Public Act 100-23), rates shall be increased to $18.29 per
3		hour, for the purpose of increasing, by at least $.72 per hour,
4		the wages paid by those vendors to their employees who provide
5		homemaker services. The Department shall pay an enhanced rate
6		under the Community Care Program to those in-home service
7		provider agencies that offer health insurance coverage as a
8		benefit to their direct service worker employees consistent
9		with the mandates of Public Act 95-713. For State fiscal years
10		2018 and 2019, the enhanced rate shall be $1.77 per hour. The
11		rate shall be adjusted using actuarial analysis based on the
12		cost of care, but shall not be set below $1.77 per hour. The
13		Department shall adopt rules, including emergency rules under
14		subsections (y) and (bb) of Section 5-45 of the Illinois
15		Administrative Procedure Act, to implement the provisions of
16		this paragraph.
17		Subject to federal approval, beginning on January 1, 2024,
18		rates for adult day services shall be increased to $16.84 per
19		hour and rates for each way transportation services for adult
20		day services shall be increased to $12.44 per unit
21		transportation.
22		Subject to federal approval, on and after January 1, 2024,
23		rates for homemaker services shall be increased to $28.07 to
24		sustain a minimum wage of $17 per hour for direct service
25		workers. Rates in subsequent State fiscal years shall be no
26		lower than the rates put into effect upon federal approval.

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1		Providers of in-home services shall be required to certify to
2		the Department that they remain in compliance with the
3		mandated wage increase for direct service workers. Fringe
4		benefits, including, but not limited to, paid time off and
5		payment for training, health insurance, travel, or
6		transportation, shall not be reduced in relation to the rate
7		increases described in this paragraph.
8		The General Assembly finds it necessary to authorize an
9		aggressive Medicaid enrollment initiative designed to maximize
10		federal Medicaid funding for the Community Care Program which
11		produces significant savings for the State of Illinois. The
12		Department on Aging shall establish and implement a Community
13		Care Program Medicaid Initiative. Under the Initiative, the
14		Department on Aging shall, at a minimum: (i) provide an
15		enhanced rate to adequately compensate care coordination units
16		to enroll eligible Community Care Program clients into
17		Medicaid; (ii) use recommendations from a stakeholder
18		committee on how best to implement the Initiative; and (iii)
19		establish requirements for State agencies to make enrollment
20		in the State's Medical Assistance program easier for seniors.
21		The Community Care Program Medicaid Enrollment Oversight
22		Subcommittee is created as a subcommittee of the Older Adult
23		Services Advisory Committee established in Section 35 of the
24		Older Adult Services Act to make recommendations on how best
25		to increase the number of medical assistance recipients who
26		are enrolled in the Community Care Program. The Subcommittee

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1		shall consist of all of the following persons who must be
2		appointed within 30 days after June 4, 2018 (the effective
3		date of Public Act 100-587) this amendatory Act of the 100th
4		General Assembly:
5		(1) The Director of Aging, or his or her designee, who
6		shall serve as the chairperson of the Subcommittee.
7		(2) One representative of the Department of Healthcare
8		and Family Services, appointed by the Director of
9		Healthcare and Family Services.
10		(3) One representative of the Department of Human
11		Services, appointed by the Secretary of Human Services.
12		(4) One individual representing a care coordination
13		unit, appointed by the Director of Aging.
14		(5) One individual from a non-governmental statewide
15		organization that advocates for seniors, appointed by the
16		Director of Aging.
17		(6) One individual representing Area Agencies on
18		Aging, appointed by the Director of Aging.
19		(7) One individual from a statewide association
20		dedicated to Alzheimer's care, support, and research,
21		appointed by the Director of Aging.
22		(8) One individual from an organization that employs
23		persons who provide services under the Community Care
24		Program, appointed by the Director of Aging.
25		(9) One member of a trade or labor union representing
26		persons who provide services under the Community Care

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1		Program, appointed by the Director of Aging.
2		(10) One member of the Senate, who shall serve as
3		co-chairperson, appointed by the President of the Senate.
4		(11) One member of the Senate, who shall serve as
5		co-chairperson, appointed by the Minority Leader of the
6		Senate.
7		(12) One member of the House of Representatives, who
8		shall serve as co-chairperson, appointed by the Speaker of
9		the House of Representatives.
10		(13) One member of the House of Representatives, who
11		shall serve as co-chairperson, appointed by the Minority
12		Leader of the House of Representatives.
13		(14) One individual appointed by a labor organization
14		representing frontline employees at the Department of
15		Human Services.
16		The Subcommittee shall provide oversight to the Community
17		Care Program Medicaid Initiative and shall meet quarterly. At
18		each Subcommittee meeting the Department on Aging shall
19		provide the following data sets to the Subcommittee: (A) the
20		number of Illinois residents, categorized by planning and
21		service area, who are receiving services under the Community
22		Care Program and are enrolled in the State's Medical
23		Assistance Program; (B) the number of Illinois residents,
24		categorized by planning and service area, who are receiving
25		services under the Community Care Program, but are not
26		enrolled in the State's Medical Assistance Program; and (C)

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1		the number of Illinois residents, categorized by planning and
2		service area, who are receiving services under the Community
3		Care Program and are eligible for benefits under the State's
4		Medical Assistance Program, but are not enrolled in the
5		State's Medical Assistance Program. In addition to this data,
6		the Department on Aging shall provide the Subcommittee with
7		plans on how the Department on Aging will reduce the number of
8		Illinois residents who are not enrolled in the State's Medical
9		Assistance Program but who are eligible for medical assistance
10		benefits. The Department on Aging shall enroll in the State's
11		Medical Assistance Program those Illinois residents who
12		receive services under the Community Care Program and are
13		eligible for medical assistance benefits but are not enrolled
14		in the State's Medicaid Assistance Program. The data provided
15		to the Subcommittee shall be made available to the public via
16		the Department on Aging's website.
17		The Department on Aging, with the involvement of the
18		Subcommittee, shall collaborate with the Department of Human
19		Services and the Department of Healthcare and Family Services
20		on how best to achieve the responsibilities of the Community
21		Care Program Medicaid Initiative.
22		The Department on Aging, the Department of Human Services,
23		and the Department of Healthcare and Family Services shall
24		coordinate and implement a streamlined process for seniors to
25		access benefits under the State's Medical Assistance Program.
26		The Subcommittee shall collaborate with the Department of

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1		Human Services on the adoption of a uniform application
2		submission process. The Department of Human Services and any
3		other State agency involved with processing the medical
4		assistance application of any person enrolled in the Community
5		Care Program shall include the appropriate care coordination
6		unit in all communications related to the determination or
7		status of the application.
8		The Community Care Program Medicaid Initiative shall
9		provide targeted funding to care coordination units to help
10		seniors complete their applications for medical assistance
11		benefits. On and after July 1, 2019, care coordination units
12		shall receive no less than $200 per completed application,
13		which rate may be included in a bundled rate for initial intake
14		services when Medicaid application assistance is provided in
15		conjunction with the initial intake process for new program
16		participants.
17		The Community Care Program Medicaid Initiative shall cease
18		operation 5 years after June 4, 2018 (the effective date of
19		Public Act 100-587) this amendatory Act of the 100th General
20		Assembly, after which the Subcommittee shall dissolve.
21		Effective July 1, 2023, subject to federal approval, the
22		Department on Aging shall reimburse Care Coordination Units at
23		the following rates for case management services: $252.40 for
24		each initial assessment; $366.40 for each initial assessment
25		with translation; $229.68 for each redetermination assessment;
26		$313.68 for each redetermination assessment with translation;

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1		$200.00 for each completed application for medical assistance
2		benefits; $132.26 for each face-to-face, choices-for-care
3		screening; $168.26 for each face-to-face, choices-for-care
4		screening with translation; $124.56 for each 6-month,
5		face-to-face visit; $132.00 for each MCO participant
6		eligibility determination; and $157.00 for each MCO
7		participant eligibility determination with translation.
8		(Source: P.A. 102-1071, eff. 6-10-22; 103-8, eff. 6-7-23;
9		103-102, Article 45, Section 45-5, eff. 1-1-24; 103-102,
10		Article 85, Section 85-5, eff. 1-1-24; 103-102, Article 90,
11		Section 90-5, eff. 1-1-24; revised 12-12-23.)
12		Section 65. The Personnel Code is amended by changing
13		Sections 8a, 8b.3, 8b.9, 8b.10, and 9 as follows:
14		(20 ILCS 415/8a) (from Ch. 127, par. 63b108a)
15		Sec. 8a. Jurisdiction A; classification Jurisdiction A -
16		Classification and pay. For positions in the State service
17		subject to the jurisdiction of the Department of Central
18		Management Services with respect to the classification and
19		pay:
20		(1) For the preparation, maintenance, and revision by
21		the Director, subject to approval by the Commission, of a
22		position classification plan for all positions subject to
23		this Code Act, based upon similarity of duties performed,
24		responsibilities assigned, and conditions of employment so

HB4844 Engrossed - 131 - LRB103 39009 AMC 69146 b
1		that the same schedule of pay may be equitably applied to
2		all positions in the same class. However, the pay of an
3		employee whose position is reduced in rank or grade by
4		reallocation because of a loss of duties or
5		responsibilities after his appointment to such position
6		shall not be required to be lowered for a period of one
7		year after the reallocation of his position. Conditions of
8		employment shall not be used as a factor in the
9		classification of any position heretofore paid under the
10		provisions of Section 1.22 of "An Act to standardize
11		position titles and salary rates", approved June 30, 1943,
12		as amended. Unless the Commission disapproves such
13		classification plan within 60 days, or any revision
14		thereof within 30 days, the Director shall allocate every
15		such position to one of the classes in the plan. Any
16		employee affected by the allocation of a position to a
17		class shall, after filing with the Director of Central
18		Management Services a written request for reconsideration
19		thereof in such manner and form as the Director may
20		prescribe, be given a reasonable opportunity to be heard
21		by the Director. If the employee does not accept the
22		allocation of the position, he shall then have the right
23		of appeal to the Civil Service Commission.
24		(2) For a pay plan to be prepared by the Director for
25		all employees subject to this Code Act after consultation
26		with operating agency heads and the Director of the

HB4844 Engrossed - 132 - LRB103 39009 AMC 69146 b
1		Governor's Office of Management and Budget. Such pay plan
2		may include provisions for uniformity of starting pay, an
3		increment plan, area differentials, a delay not to exceed
4		one year prior to the reduction of the pay of employees
5		whose positions are reduced in rank or grade by
6		reallocation because of a loss of duties or
7		responsibilities after their appointments to such
8		positions, prevailing rates of wages in those
9		classifications in which employers are now paying or may
10		hereafter pay such rates of wage and other provisions.
11		Such pay plan shall become effective only after it has
12		been approved by the Governor. Amendments to the pay plan
13		shall be made in the same manner. Such pay plan shall
14		provide that each employee shall be paid at one of the
15		rates set forth in the pay plan for the class of position
16		in which he is employed, subject to delay in the reduction
17		of pay of employees whose positions are reduced in rank or
18		grade by allocation as above set forth in this Section.
19		Such pay plan shall provide for a fair and reasonable
20		compensation for services rendered.
21		This Section is inapplicable to the position of Assistant
22		Director of Healthcare and Family Services in the Department
23		of Healthcare and Family Services. The salary for this
24		position shall be as established in the "The Civil
25		Administrative Code of Illinois", approved March 7, 1917, as
26		amended.

HB4844 Engrossed - 133 - LRB103 39009 AMC 69146 b
1		(Source: P.A. 94-793, eff. 5-19-06; 95-331, eff. 8-21-07;
2		revised 9-20-23.)
3		(20 ILCS 415/8b.3) (from Ch. 127, par. 63b108b.3)
4		Sec. 8b.3. For assessment of employees with contractual
5		rights under a collective bargaining agreement to determine
6		those candidates who are eligible for appointment and
7		promotion and their relative excellence. Assessments, which
8		are the determination of whether an individual meets the
9		minimum qualifications as determined by the class
10		specification of the position for which they are being
11		considered, shall be designed to objectively eliminate those
12		who are not qualified for the position into which they are
13		applying and to discover the relative fitness of those who are
14		qualified. The Director may substitute rankings, such as
15		superior, excellent, well-qualified, and qualified, for
16		numerical ratings and establish qualification assessments or
17		assessment equivalents accordingly. The Department may adopt
18		rules regarding the assessment of applicants and the
19		appointment of qualified candidates. Adopted rules shall be
20		interpreted to be consistent with collective bargaining
21		agreements.
22		(Source: P.A. 103-108, eff. 6-27-23; revised 9-20-23.)
23		(20 ILCS 415/8b.9) (from Ch. 127, par. 63b108b.9)
24		Sec. 8b.9. For temporary appointments to any positions in

HB4844 Engrossed - 134 - LRB103 39009 AMC 69146 b
1		the State service which are determined to be temporary or
2		seasonal in nature by the Director of Central Management
3		Services. Temporary appointments may be made for not more than
4		6 months. No position in the State service may be filled by
5		temporary appointment for more than 6 months out of any
6		12-month 12 month period.
7		(Source: P.A. 103-108, eff. 6-27-23; revised 9-20-23.)
8		(20 ILCS 415/8b.10) (from Ch. 127, par. 63b108b.10)
9		Sec. 8b.10. For provisional appointment to a position
10		without competitive qualification assessment. No position
11		within jurisdiction B may be filled by provisional appointment
12		for longer than 6 months out of any 12-month 12 month period.
13		(Source: P.A. 103-108, eff. 6-27-23; revised 9-20-23.)
14		(20 ILCS 415/9) (from Ch. 127, par. 63b109)
15		Sec. 9. Director; , powers and duties. The Director, as
16		executive head of the Department, shall direct and supervise
17		all its administrative and technical activities. In addition
18		to the duties imposed upon him elsewhere in this Code law, it
19		shall be his duty:
20		(1) To apply and carry out this Code law and the rules
21		adopted thereunder.
22		(2) To attend meetings of the Commission.
23		(3) To establish and maintain a roster of all
24		employees subject to this Code Act, in which there shall

HB4844 Engrossed - 135 - LRB103 39009 AMC 69146 b
1		be set forth, as to each employee, the class, title, pay,
2		status, and other pertinent data.
3		(4) To appoint, subject to the provisions of this Code
4		Act, such employees of the Department and such experts and
5		special assistants as may be necessary to carry out
6		effectively this Code law.
7		(5) Subject to such exemptions or modifications as may
8		be necessary to assure the continuity of federal
9		contributions in those agencies supported in whole or in
10		part by federal funds, to make appointments to vacancies;
11		to approve all written charges seeking discharge,
12		demotion, or other disciplinary measures provided in this
13		Code Act and to approve transfers of employees from one
14		geographical area to another in the State, in offices,
15		positions or places of employment covered by this Code
16		Act, after consultation with the operating unit.
17		(6) To formulate and administer service wide policies
18		and programs for the improvement of employee
19		effectiveness, including training, safety, health,
20		incentive recognition, counseling, welfare, and employee
21		relations. The Department shall formulate and administer
22		recruitment plans and testing of potential employees for
23		agencies having direct contact with significant numbers of
24		non-English speaking or otherwise culturally distinct
25		persons. The Department shall require each State agency to
26		annually assess the need for employees with appropriate

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1		bilingual capabilities to serve the significant numbers of
2		non-English speaking or culturally distinct persons. The
3		Department shall develop a uniform procedure for assessing
4		an agency's need for employees with appropriate bilingual
5		capabilities. Agencies shall establish occupational titles
6		or designate positions as "bilingual option" for persons
7		having sufficient linguistic ability or cultural knowledge
8		to be able to render effective service to such persons.
9		The Department shall ensure that any such option is
10		exercised according to the agency's needs assessment and
11		the requirements of this Code. The Department shall make
12		annual reports of the needs assessment of each agency and
13		the number of positions calling for non-English linguistic
14		ability to whom vacancy postings were sent, and the number
15		filled by each agency. Such policies and programs shall be
16		subject to approval by the Governor, provided that for
17		needs that require a certain linguistic ability that: (i)
18		have not been met for a posted position for a period of at
19		least one year; or (ii) arise when an individual's health
20		or safety would be placed in immediate risk, the
21		Department shall accept certifications of linguistic
22		competence from pre-approved third parties. To facilitate
23		expanding the scope of sources to demonstrate linguistic
24		competence, the Department shall issue standards for
25		demonstrating linguistic competence. No later than January
26		2024, the Department shall authorize at least one if not

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1		more community colleges in the regions involving the
2		counties of Cook, Lake, McHenry, Kane, DuPage, Kendall,
3		Will, Sangamon, and 5 other geographically distributed
4		counties within the State to pre-test and certify
5		linguistic ability, and such certifications by candidates
6		shall be presumed to satisfy the linguistic ability
7		requirements for the job position. Such policies, program
8		reports and needs assessment reports, as well as
9		linguistic certification standards, shall be filed with
10		the General Assembly by January 1 of each year and shall be
11		available to the public.
12		The Department shall include within the report
13		required above the number of persons receiving the
14		bilingual pay supplement established by Section 8a.2 of
15		this Code. The report shall provide the number of persons
16		receiving the bilingual pay supplement for languages other
17		than English and for signing. The report shall also
18		indicate the number of persons, by the categories of
19		Hispanic and non-Hispanic, who are receiving the bilingual
20		pay supplement for language skills other than signing, in
21		a language other than English.
22		(7) To conduct negotiations affecting pay, hours of
23		work, or other working conditions of employees subject to
24		this Code Act.
25		(8) To make continuing studies to improve the
26		efficiency of State services to the residents of Illinois,

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1		including, but not limited to, those who are non-English
2		speaking or culturally distinct, and to report his
3		findings and recommendations to the Commission and the
4		Governor.
5		(9) To investigate from time to time the operation and
6		effect of this Code law and the rules made thereunder and
7		to report his findings and recommendations to the
8		Commission and to the Governor.
9		(10) To make an annual report regarding the work of
10		the Department, and such special reports as he may
11		consider desirable, to the Commission and to the Governor,
12		or as the Governor or Commission may request.
13		(11) To make continuing studies to encourage State
14		employment for persons with disabilities, including, but
15		not limited to, the Successful Disability Opportunities
16		Program.
17		(12) To make available, on the CMS website or its
18		equivalent, no less frequently than quarterly, information
19		regarding all exempt positions in State service and
20		information showing the number of employees who are exempt
21		from merit selection and non-exempt from merit selection
22		in each department.
23		(13) To establish policies to increase the flexibility
24		of the State workforce for every department or agency
25		subject to Jurisdiction C, including the use of flexible
26		time, location, workloads, and positions. The Director and

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1		the director of each department or agency shall together
2		establish quantifiable goals to increase workforce
3		flexibility in each department or agency. To authorize in
4		every department or agency subject to Jurisdiction C the
5		use of flexible hours positions. A flexible hours position
6		is one that does not require an ordinary work schedule as
7		determined by the Department and includes, but is not
8		limited to: (1) 1) a part time job of 20 hours or more per
9		week, (2) 2) a job which is shared by 2 employees or a
10		compressed work week consisting of an ordinary number of
11		working hours performed on fewer than the number of days
12		ordinarily required to perform that job. The Department
13		may define flexible time to include other types of jobs
14		that are defined above.
15		The Director and the director of each department or
16		agency shall together establish goals for flexible hours
17		positions to be available in every department or agency.
18		The Department shall give technical assistance to
19		departments and agencies in achieving their goals, and
20		shall report to the Governor and the General Assembly each
21		year on the progress of each department and agency.
22		When a goal of 10% of the positions in a department or
23		agency being available on a flexible hours basis has been
24		reached, the Department shall evaluate the effectiveness
25		and efficiency of the program and determine whether to
26		expand the number of positions available for flexible

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1		hours to 20%.
2		When a goal of 20% of the positions in a department or
3		agency being available on a flexible hours basis has been
4		reached, the Department shall evaluate the effectiveness
5		and efficiency of the program and determine whether to
6		expand the number of positions available for flexible
7		hours.
8		(14) To perform any other lawful acts which he may
9		consider necessary or desirable to carry out the purposes
10		and provisions of this Code law.
11		(15) When a vacancy rate is greater than or equal to 10%
12		for a given position, the Department shall review the
13		educational and other requirements for the position to
14		determine if modifications need to be made.
15		The requirement for reporting to the General Assembly
16		shall be satisfied by filing copies of the report as required
17		by Section 3.1 of the General Assembly Organization Act, and
18		filing such additional copies with the State Government Report
19		Distribution Center for the General Assembly as is required
20		under paragraph (t) of Section 7 of the State Library Act.
21		(Source: P.A. 102-952, eff. 1-1-23; 103-108, eff. 6-27-23;
22		revised 9-20-23.)
23		Section 70. The Children and Family Services Act is
24		amended by changing Sections 5, 5d, 7.4, 17, and 21 as follows:

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1		(20 ILCS 505/5)
2		Sec. 5. Direct child welfare services; Department of
3		Children and Family Services. To provide direct child welfare
4		services when not available through other public or private
5		child care or program facilities.
6		(a) For purposes of this Section:
7		(1) "Children" means persons found within the State
8		who are under the age of 18 years. The term also includes
9		persons under age 21 who:
10		(A) were committed to the Department pursuant to
11		the Juvenile Court Act or the Juvenile Court Act of
12		1987 and who continue under the jurisdiction of the
13		court; or
14		(B) were accepted for care, service and training
15		by the Department prior to the age of 18 and whose best
16		interest in the discretion of the Department would be
17		served by continuing that care, service and training
18		because of severe emotional disturbances, physical
19		disability, social adjustment or any combination
20		thereof, or because of the need to complete an
21		educational or vocational training program.
22		(2) "Homeless youth" means persons found within the
23		State who are under the age of 19, are not in a safe and
24		stable living situation and cannot be reunited with their
25		families.
26		(3) "Child welfare services" means public social

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1		services which are directed toward the accomplishment of
2		the following purposes:
3		(A) protecting and promoting the health, safety
4		and welfare of children, including homeless,
5		dependent, or neglected children;
6		(B) remedying, or assisting in the solution of
7		problems which may result in, the neglect, abuse,
8		exploitation, or delinquency of children;
9		(C) preventing the unnecessary separation of
10		children from their families by identifying family
11		problems, assisting families in resolving their
12		problems, and preventing the breakup of the family
13		where the prevention of child removal is desirable and
14		possible when the child can be cared for at home
15		without endangering the child's health and safety;
16		(D) restoring to their families children who have
17		been removed, by the provision of services to the
18		child and the families when the child can be cared for
19		at home without endangering the child's health and
20		safety;
21		(E) placing children in suitable permanent family
22		arrangements, through guardianship or adoption, in
23		cases where restoration to the birth family is not
24		safe, possible, or appropriate;
25		(F) at the time of placement, conducting
26		concurrent planning, as described in subsection (l-1)

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1		of this Section, so that permanency may occur at the
2		earliest opportunity. Consideration should be given so
3		that if reunification fails or is delayed, the
4		placement made is the best available placement to
5		provide permanency for the child;
6		(G) (blank);
7		(H) (blank); and
8		(I) placing and maintaining children in facilities
9		that provide separate living quarters for children
10		under the age of 18 and for children 18 years of age
11		and older, unless a child 18 years of age is in the
12		last year of high school education or vocational
13		training, in an approved individual or group treatment
14		program, in a licensed shelter facility, or secure
15		child care facility. The Department is not required to
16		place or maintain children:
17		(i) who are in a foster home, or
18		(ii) who are persons with a developmental
19		disability, as defined in the Mental Health and
20		Developmental Disabilities Code, or
21		(iii) who are female children who are
22		pregnant, pregnant and parenting, or parenting, or
23		(iv) who are siblings, in facilities that
24		provide separate living quarters for children 18
25		years of age and older and for children under 18
26		years of age.

HB4844 Engrossed - 144 - LRB103 39009 AMC 69146 b
1		(b) (Blank).
2		(b-5) The Department shall adopt rules to establish a
3		process for all licensed residential providers in Illinois to
4		submit data as required by the Department, if they contract or
5		receive reimbursement for children's mental health, substance
6		use, and developmental disability services from the Department
7		of Human Services, the Department of Juvenile Justice, or the
8		Department of Healthcare and Family Services. The requested
9		data must include, but is not limited to, capacity, staffing,
10		and occupancy data for the purpose of establishing State need
11		and placement availability.
12		All information collected, shared, or stored pursuant to
13		this subsection shall be handled in accordance with all State
14		and federal privacy laws and accompanying regulations and
15		rules, including without limitation the federal Health
16		Insurance Portability and Accountability Act of 1996 (Public
17		Law 104-191) and the Mental Health and Developmental
18		Disabilities Confidentiality Act.
19		(c) The Department shall establish and maintain
20		tax-supported child welfare services and extend and seek to
21		improve voluntary services throughout the State, to the end
22		that services and care shall be available on an equal basis
23		throughout the State to children requiring such services.
24		(d) The Director may authorize advance disbursements for
25		any new program initiative to any agency contracting with the
26		Department. As a prerequisite for an advance disbursement, the

HB4844 Engrossed - 145 - LRB103 39009 AMC 69146 b
1		contractor must post a surety bond in the amount of the advance
2		disbursement and have a purchase of service contract approved
3		by the Department. The Department may pay up to 2 months
4		operational expenses in advance. The amount of the advance
5		disbursement shall be prorated over the life of the contract
6		or the remaining months of the fiscal year, whichever is less,
7		and the installment amount shall then be deducted from future
8		bills. Advance disbursement authorizations for new initiatives
9		shall not be made to any agency after that agency has operated
10		during 2 consecutive fiscal years. The requirements of this
11		Section concerning advance disbursements shall not apply with
12		respect to the following: payments to local public agencies
13		for child day care services as authorized by Section 5a of this
14		Act; and youth service programs receiving grant funds under
15		Section 17a-4.
16		(e) (Blank).
17		(f) (Blank).
18		(g) The Department shall establish rules and regulations
19		concerning its operation of programs designed to meet the
20		goals of child safety and protection, family preservation,
21		family reunification, and adoption, including, but not limited
22		to:
23		(1) adoption;
24		(2) foster care;
25		(3) family counseling;
26		(4) protective services;

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1		(5) (blank);
2		(6) homemaker service;
3		(7) return of runaway children;
4		(8) (blank);
5		(9) placement under Section 5-7 of the Juvenile Court
6		Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile
7		Court Act of 1987 in accordance with the federal Adoption
8		Assistance and Child Welfare Act of 1980; and
9		(10) interstate services.
10		Rules and regulations established by the Department shall
11		include provisions for training Department staff and the staff
12		of Department grantees, through contracts with other agencies
13		or resources, in screening techniques to identify substance
14		use disorders, as defined in the Substance Use Disorder Act,
15		approved by the Department of Human Services, as a successor
16		to the Department of Alcoholism and Substance Abuse, for the
17		purpose of identifying children and adults who should be
18		referred for an assessment at an organization appropriately
19		licensed by the Department of Human Services for substance use
20		disorder treatment.
21		(h) If the Department finds that there is no appropriate
22		program or facility within or available to the Department for
23		a youth in care and that no licensed private facility has an
24		adequate and appropriate program or none agrees to accept the
25		youth in care, the Department shall create an appropriate
26		individualized, program-oriented plan for such youth in care.

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1		The plan may be developed within the Department or through
2		purchase of services by the Department to the extent that it is
3		within its statutory authority to do.
4		(i) Service programs shall be available throughout the
5		State and shall include but not be limited to the following
6		services:
7		(1) case management;
8		(2) homemakers;
9		(3) counseling;
10		(4) parent education;
11		(5) day care; and
12		(6) emergency assistance and advocacy.
13		In addition, the following services may be made available
14		to assess and meet the needs of children and families:
15		(1) comprehensive family-based services;
16		(2) assessments;
17		(3) respite care; and
18		(4) in-home health services.
19		The Department shall provide transportation for any of the
20		services it makes available to children or families or for
21		which it refers children or families.
22		(j) The Department may provide categories of financial
23		assistance and education assistance grants, and shall
24		establish rules and regulations concerning the assistance and
25		grants, to persons who adopt children with physical or mental
26		disabilities, children who are older, or other hard-to-place

HB4844 Engrossed - 148 - LRB103 39009 AMC 69146 b
1		children who (i) immediately prior to their adoption were
2		youth in care or (ii) were determined eligible for financial
3		assistance with respect to a prior adoption and who become
4		available for adoption because the prior adoption has been
5		dissolved and the parental rights of the adoptive parents have
6		been terminated or because the child's adoptive parents have
7		died. The Department may continue to provide financial
8		assistance and education assistance grants for a child who was
9		determined eligible for financial assistance under this
10		subsection (j) in the interim period beginning when the
11		child's adoptive parents died and ending with the finalization
12		of the new adoption of the child by another adoptive parent or
13		parents. The Department may also provide categories of
14		financial assistance and education assistance grants, and
15		shall establish rules and regulations for the assistance and
16		grants, to persons appointed guardian of the person under
17		Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
18		4-25, or 5-740 of the Juvenile Court Act of 1987 for children
19		who were youth in care for 12 months immediately prior to the
20		appointment of the guardian.
21		The amount of assistance may vary, depending upon the
22		needs of the child and the adoptive parents, as set forth in
23		the annual assistance agreement. Special purpose grants are
24		allowed where the child requires special service but such
25		costs may not exceed the amounts which similar services would
26		cost the Department if it were to provide or secure them as

HB4844 Engrossed - 149 - LRB103 39009 AMC 69146 b
1		guardian of the child.
2		Any financial assistance provided under this subsection is
3		inalienable by assignment, sale, execution, attachment,
4		garnishment, or any other remedy for recovery or collection of
5		a judgment or debt.
6		(j-5) The Department shall not deny or delay the placement
7		of a child for adoption if an approved family is available
8		either outside of the Department region handling the case, or
9		outside of the State of Illinois.
10		(k) The Department shall accept for care and training any
11		child who has been adjudicated neglected or abused, or
12		dependent committed to it pursuant to the Juvenile Court Act
13		or the Juvenile Court Act of 1987.
14		(l) The Department shall offer family preservation
15		services, as defined in Section 8.2 of the Abused and
16		Neglected Child Reporting Act, to help families, including
17		adoptive and extended families. Family preservation services
18		shall be offered (i) to prevent the placement of children in
19		substitute care when the children can be cared for at home or
20		in the custody of the person responsible for the children's
21		welfare, (ii) to reunite children with their families, or
22		(iii) to maintain an adoptive placement. Family preservation
23		services shall only be offered when doing so will not endanger
24		the children's health or safety. With respect to children who
25		are in substitute care pursuant to the Juvenile Court Act of
26		1987, family preservation services shall not be offered if a

HB4844 Engrossed - 150 - LRB103 39009 AMC 69146 b
1		goal other than those of subdivisions (A), (B), or (B-1) of
2		subsection (2) of Section 2-28 of that Act has been set, except
3		that reunification services may be offered as provided in
4		paragraph (F) of subsection (2) of Section 2-28 of that Act.
5		Nothing in this paragraph shall be construed to create a
6		private right of action or claim on the part of any individual
7		or child welfare agency, except that when a child is the
8		subject of an action under Article II of the Juvenile Court Act
9		of 1987 and the child's service plan calls for services to
10		facilitate achievement of the permanency goal, the court
11		hearing the action under Article II of the Juvenile Court Act
12		of 1987 may order the Department to provide the services set
13		out in the plan, if those services are not provided with
14		reasonable promptness and if those services are available.
15		The Department shall notify the child and the child's
16		family of the Department's responsibility to offer and provide
17		family preservation services as identified in the service
18		plan. The child and the child's family shall be eligible for
19		services as soon as the report is determined to be
20		"indicated". The Department may offer services to any child or
21		family with respect to whom a report of suspected child abuse
22		or neglect has been filed, prior to concluding its
23		investigation under Section 7.12 of the Abused and Neglected
24		Child Reporting Act. However, the child's or family's
25		willingness to accept services shall not be considered in the
26		investigation. The Department may also provide services to any

HB4844 Engrossed - 151 - LRB103 39009 AMC 69146 b
1		child or family who is the subject of any report of suspected
2		child abuse or neglect or may refer such child or family to
3		services available from other agencies in the community, even
4		if the report is determined to be unfounded, if the conditions
5		in the child's or family's home are reasonably likely to
6		subject the child or family to future reports of suspected
7		child abuse or neglect. Acceptance of such services shall be
8		voluntary. The Department may also provide services to any
9		child or family after completion of a family assessment, as an
10		alternative to an investigation, as provided under the
11		"differential response program" provided for in subsection
12		(a-5) of Section 7.4 of the Abused and Neglected Child
13		Reporting Act.
14		The Department may, at its discretion except for those
15		children also adjudicated neglected or dependent, accept for
16		care and training any child who has been adjudicated addicted,
17		as a truant minor in need of supervision or as a minor
18		requiring authoritative intervention, under the Juvenile Court
19		Act or the Juvenile Court Act of 1987, but no such child shall
20		be committed to the Department by any court without the
21		approval of the Department. On and after January 1, 2015 (the
22		effective date of Public Act 98-803) and before January 1,
23		2017, a minor charged with a criminal offense under the
24		Criminal Code of 1961 or the Criminal Code of 2012 or
25		adjudicated delinquent shall not be placed in the custody of
26		or committed to the Department by any court, except (i) a minor

HB4844 Engrossed - 152 - LRB103 39009 AMC 69146 b
1		less than 16 years of age committed to the Department under
2		Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
3		for whom an independent basis of abuse, neglect, or dependency
4		exists, which must be defined by departmental rule, or (iii) a
5		minor for whom the court has granted a supplemental petition
6		to reinstate wardship pursuant to subsection (2) of Section
7		2-33 of the Juvenile Court Act of 1987. On and after January 1,
8		2017, a minor charged with a criminal offense under the
9		Criminal Code of 1961 or the Criminal Code of 2012 or
10		adjudicated delinquent shall not be placed in the custody of
11		or committed to the Department by any court, except (i) a minor
12		less than 15 years of age committed to the Department under
13		Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
14		for whom an independent basis of abuse, neglect, or dependency
15		exists, which must be defined by departmental rule, or (iii) a
16		minor for whom the court has granted a supplemental petition
17		to reinstate wardship pursuant to subsection (2) of Section
18		2-33 of the Juvenile Court Act of 1987. An independent basis
19		exists when the allegations or adjudication of abuse, neglect,
20		or dependency do not arise from the same facts, incident, or
21		circumstances which give rise to a charge or adjudication of
22		delinquency. The Department shall assign a caseworker to
23		attend any hearing involving a youth in the care and custody of
24		the Department who is placed on aftercare release, including
25		hearings involving sanctions for violation of aftercare
26		release conditions and aftercare release revocation hearings.

HB4844 Engrossed - 153 - LRB103 39009 AMC 69146 b
1		As soon as is possible after August 7, 2009 (the effective
2		date of Public Act 96-134), the Department shall develop and
3		implement a special program of family preservation services to
4		support intact, foster, and adoptive families who are
5		experiencing extreme hardships due to the difficulty and
6		stress of caring for a child who has been diagnosed with a
7		pervasive developmental disorder if the Department determines
8		that those services are necessary to ensure the health and
9		safety of the child. The Department may offer services to any
10		family whether or not a report has been filed under the Abused
11		and Neglected Child Reporting Act. The Department may refer
12		the child or family to services available from other agencies
13		in the community if the conditions in the child's or family's
14		home are reasonably likely to subject the child or family to
15		future reports of suspected child abuse or neglect. Acceptance
16		of these services shall be voluntary. The Department shall
17		develop and implement a public information campaign to alert
18		health and social service providers and the general public
19		about these special family preservation services. The nature
20		and scope of the services offered and the number of families
21		served under the special program implemented under this
22		paragraph shall be determined by the level of funding that the
23		Department annually allocates for this purpose. The term
24		"pervasive developmental disorder" under this paragraph means
25		a neurological condition, including, but not limited to,
26		Asperger's Syndrome and autism, as defined in the most recent

HB4844 Engrossed - 154 - LRB103 39009 AMC 69146 b
1		edition of the Diagnostic and Statistical Manual of Mental
2		Disorders of the American Psychiatric Association.
3		(l-1) The General Assembly recognizes that the best
4		interests of the child require that the child be placed in the
5		most permanent living arrangement as soon as is practically
6		possible. To achieve this goal, the General Assembly directs
7		the Department of Children and Family Services to conduct
8		concurrent planning so that permanency may occur at the
9		earliest opportunity. Permanent living arrangements may
10		include prevention of placement of a child outside the home of
11		the family when the child can be cared for at home without
12		endangering the child's health or safety; reunification with
13		the family, when safe and appropriate, if temporary placement
14		is necessary; or movement of the child toward the most
15		permanent living arrangement and permanent legal status.
16		When determining reasonable efforts to be made with
17		respect to a child, as described in this subsection, and in
18		making such reasonable efforts, the child's health and safety
19		shall be the paramount concern.
20		When a child is placed in foster care, the Department
21		shall ensure and document that reasonable efforts were made to
22		prevent or eliminate the need to remove the child from the
23		child's home. The Department must make reasonable efforts to
24		reunify the family when temporary placement of the child
25		occurs unless otherwise required, pursuant to the Juvenile
26		Court Act of 1987. At any time after the dispositional hearing

HB4844 Engrossed - 155 - LRB103 39009 AMC 69146 b
1		where the Department believes that further reunification
2		services would be ineffective, it may request a finding from
3		the court that reasonable efforts are no longer appropriate.
4		The Department is not required to provide further
5		reunification services after such a finding.
6		A decision to place a child in substitute care shall be
7		made with considerations of the child's health, safety, and
8		best interests. At the time of placement, consideration should
9		also be given so that if reunification fails or is delayed, the
10		placement made is the best available placement to provide
11		permanency for the child.
12		The Department shall adopt rules addressing concurrent
13		planning for reunification and permanency. The Department
14		shall consider the following factors when determining
15		appropriateness of concurrent planning:
16		(1) the likelihood of prompt reunification;
17		(2) the past history of the family;
18		(3) the barriers to reunification being addressed by
19		the family;
20		(4) the level of cooperation of the family;
21		(5) the foster parents' willingness to work with the
22		family to reunite;
23		(6) the willingness and ability of the foster family
24		to provide an adoptive home or long-term placement;
25		(7) the age of the child;
26		(8) placement of siblings.

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1		(m) The Department may assume temporary custody of any
2		child if:
3		(1) it has received a written consent to such
4		temporary custody signed by the parents of the child or by
5		the parent having custody of the child if the parents are
6		not living together or by the guardian or custodian of the
7		child if the child is not in the custody of either parent,
8		or
9		(2) the child is found in the State and neither a
10		parent, guardian nor custodian of the child can be
11		located.
12		If the child is found in the child's residence without a
13		parent, guardian, custodian, or responsible caretaker, the
14		Department may, instead of removing the child and assuming
15		temporary custody, place an authorized representative of the
16		Department in that residence until such time as a parent,
17		guardian, or custodian enters the home and expresses a
18		willingness and apparent ability to ensure the child's health
19		and safety and resume permanent charge of the child, or until a
20		relative enters the home and is willing and able to ensure the
21		child's health and safety and assume charge of the child until
22		a parent, guardian, or custodian enters the home and expresses
23		such willingness and ability to ensure the child's safety and
24		resume permanent charge. After a caretaker has remained in the
25		home for a period not to exceed 12 hours, the Department must
26		follow those procedures outlined in Section 2-9, 3-11, 4-8, or

HB4844 Engrossed - 157 - LRB103 39009 AMC 69146 b
1		5-415 of the Juvenile Court Act of 1987.
2		The Department shall have the authority, responsibilities
3		and duties that a legal custodian of the child would have
4		pursuant to subsection (9) of Section 1-3 of the Juvenile
5		Court Act of 1987. Whenever a child is taken into temporary
6		custody pursuant to an investigation under the Abused and
7		Neglected Child Reporting Act, or pursuant to a referral and
8		acceptance under the Juvenile Court Act of 1987 of a minor in
9		limited custody, the Department, during the period of
10		temporary custody and before the child is brought before a
11		judicial officer as required by Section 2-9, 3-11, 4-8, or
12		5-415 of the Juvenile Court Act of 1987, shall have the
13		authority, responsibilities and duties that a legal custodian
14		of the child would have under subsection (9) of Section 1-3 of
15		the Juvenile Court Act of 1987.
16		The Department shall ensure that any child taken into
17		custody is scheduled for an appointment for a medical
18		examination.
19		A parent, guardian, or custodian of a child in the
20		temporary custody of the Department who would have custody of
21		the child if the child were not in the temporary custody of the
22		Department may deliver to the Department a signed request that
23		the Department surrender the temporary custody of the child.
24		The Department may retain temporary custody of the child for
25		10 days after the receipt of the request, during which period
26		the Department may cause to be filed a petition pursuant to the

HB4844 Engrossed - 158 - LRB103 39009 AMC 69146 b
1		Juvenile Court Act of 1987. If a petition is so filed, the
2		Department shall retain temporary custody of the child until
3		the court orders otherwise. If a petition is not filed within
4		the 10-day period, the child shall be surrendered to the
5		custody of the requesting parent, guardian, or custodian not
6		later than the expiration of the 10-day period, at which time
7		the authority and duties of the Department with respect to the
8		temporary custody of the child shall terminate.
9		(m-1) The Department may place children under 18 years of
10		age in a secure child care facility licensed by the Department
11		that cares for children who are in need of secure living
12		arrangements for their health, safety, and well-being after a
13		determination is made by the facility director and the
14		Director or the Director's designate prior to admission to the
15		facility subject to Section 2-27.1 of the Juvenile Court Act
16		of 1987. This subsection (m-1) does not apply to a child who is
17		subject to placement in a correctional facility operated
18		pursuant to Section 3-15-2 of the Unified Code of Corrections,
19		unless the child is a youth in care who was placed in the care
20		of the Department before being subject to placement in a
21		correctional facility and a court of competent jurisdiction
22		has ordered placement of the child in a secure care facility.
23		(n) The Department may place children under 18 years of
24		age in licensed child care facilities when in the opinion of
25		the Department, appropriate services aimed at family
26		preservation have been unsuccessful and cannot ensure the

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1		child's health and safety or are unavailable and such
2		placement would be for their best interest. Payment for board,
3		clothing, care, training and supervision of any child placed
4		in a licensed child care facility may be made by the
5		Department, by the parents or guardians of the estates of
6		those children, or by both the Department and the parents or
7		guardians, except that no payments shall be made by the
8		Department for any child placed in a licensed child care
9		facility for board, clothing, care, training, and supervision
10		of such a child that exceed the average per capita cost of
11		maintaining and of caring for a child in institutions for
12		dependent or neglected children operated by the Department.
13		However, such restriction on payments does not apply in cases
14		where children require specialized care and treatment for
15		problems of severe emotional disturbance, physical disability,
16		social adjustment, or any combination thereof and suitable
17		facilities for the placement of such children are not
18		available at payment rates within the limitations set forth in
19		this Section. All reimbursements for services delivered shall
20		be absolutely inalienable by assignment, sale, attachment, or
21		garnishment or otherwise.
22		(n-1) The Department shall provide or authorize child
23		welfare services, aimed at assisting minors to achieve
24		sustainable self-sufficiency as independent adults, for any
25		minor eligible for the reinstatement of wardship pursuant to
26		subsection (2) of Section 2-33 of the Juvenile Court Act of

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1		1987, whether or not such reinstatement is sought or allowed,
2		provided that the minor consents to such services and has not
3		yet attained the age of 21. The Department shall have
4		responsibility for the development and delivery of services
5		under this Section. An eligible youth may access services
6		under this Section through the Department of Children and
7		Family Services or by referral from the Department of Human
8		Services. Youth participating in services under this Section
9		shall cooperate with the assigned case manager in developing
10		an agreement identifying the services to be provided and how
11		the youth will increase skills to achieve self-sufficiency. A
12		homeless shelter is not considered appropriate housing for any
13		youth receiving child welfare services under this Section. The
14		Department shall continue child welfare services under this
15		Section to any eligible minor until the minor becomes 21 years
16		of age, no longer consents to participate, or achieves
17		self-sufficiency as identified in the minor's service plan.
18		The Department of Children and Family Services shall create
19		clear, readable notice of the rights of former foster youth to
20		child welfare services under this Section and how such
21		services may be obtained. The Department of Children and
22		Family Services and the Department of Human Services shall
23		disseminate this information statewide. The Department shall
24		adopt regulations describing services intended to assist
25		minors in achieving sustainable self-sufficiency as
26		independent adults.

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1		(o) The Department shall establish an administrative
2		review and appeal process for children and families who
3		request or receive child welfare services from the Department.
4		Youth in care who are placed by private child welfare
5		agencies, and foster families with whom those youth are
6		placed, shall be afforded the same procedural and appeal
7		rights as children and families in the case of placement by the
8		Department, including the right to an initial review of a
9		private agency decision by that agency. The Department shall
10		ensure that any private child welfare agency, which accepts
11		youth in care for placement, affords those rights to children
12		and foster families. The Department shall accept for
13		administrative review and an appeal hearing a complaint made
14		by (i) a child or foster family concerning a decision
15		following an initial review by a private child welfare agency
16		or (ii) a prospective adoptive parent who alleges a violation
17		of subsection (j-5) of this Section. An appeal of a decision
18		concerning a change in the placement of a child shall be
19		conducted in an expedited manner. A court determination that a
20		current foster home placement is necessary and appropriate
21		under Section 2-28 of the Juvenile Court Act of 1987 does not
22		constitute a judicial determination on the merits of an
23		administrative appeal, filed by a former foster parent,
24		involving a change of placement decision.
25		(p) (Blank).
26		(q) The Department may receive and use, in their entirety,

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1		for the benefit of children any gift, donation, or bequest of
2		money or other property which is received on behalf of such
3		children, or any financial benefits to which such children are
4		or may become entitled while under the jurisdiction or care of
5		the Department, except that the benefits described in Section
6		5.46 must be used and conserved consistent with the provisions
7		under Section 5.46.
8		The Department shall set up and administer no-cost,
9		interest-bearing accounts in appropriate financial
10		institutions for children for whom the Department is legally
11		responsible and who have been determined eligible for
12		Veterans' Benefits, Social Security benefits, assistance
13		allotments from the armed forces, court ordered payments,
14		parental voluntary payments, Supplemental Security Income,
15		Railroad Retirement payments, Black Lung benefits, or other
16		miscellaneous payments. Interest earned by each account shall
17		be credited to the account, unless disbursed in accordance
18		with this subsection.
19		In disbursing funds from children's accounts, the
20		Department shall:
21		(1) Establish standards in accordance with State and
22		federal laws for disbursing money from children's
23		accounts. In all circumstances, the Department's
24		Guardianship Administrator or the Guardianship
25		Administrator's designee must approve disbursements from
26		children's accounts. The Department shall be responsible

HB4844 Engrossed - 163 - LRB103 39009 AMC 69146 b
1		for keeping complete records of all disbursements for each
2		account for any purpose.
3		(2) Calculate on a monthly basis the amounts paid from
4		State funds for the child's board and care, medical care
5		not covered under Medicaid, and social services; and
6		utilize funds from the child's account, as covered by
7		regulation, to reimburse those costs. Monthly,
8		disbursements from all children's accounts, up to 1/12 of
9		$13,000,000, shall be deposited by the Department into the
10		General Revenue Fund and the balance over 1/12 of
11		$13,000,000 into the DCFS Children's Services Fund.
12		(3) Maintain any balance remaining after reimbursing
13		for the child's costs of care, as specified in item (2).
14		The balance shall accumulate in accordance with relevant
15		State and federal laws and shall be disbursed to the child
16		or the child's guardian, or to the issuing agency.
17		(r) The Department shall promulgate regulations
18		encouraging all adoption agencies to voluntarily forward to
19		the Department or its agent names and addresses of all persons
20		who have applied for and have been approved for adoption of a
21		hard-to-place child or child with a disability and the names
22		of such children who have not been placed for adoption. A list
23		of such names and addresses shall be maintained by the
24		Department or its agent, and coded lists which maintain the
25		confidentiality of the person seeking to adopt the child and
26		of the child shall be made available, without charge, to every

HB4844 Engrossed - 164 - LRB103 39009 AMC 69146 b
1		adoption agency in the State to assist the agencies in placing
2		such children for adoption. The Department may delegate to an
3		agent its duty to maintain and make available such lists. The
4		Department shall ensure that such agent maintains the
5		confidentiality of the person seeking to adopt the child and
6		of the child.
7		(s) The Department of Children and Family Services may
8		establish and implement a program to reimburse Department and
9		private child welfare agency foster parents licensed by the
10		Department of Children and Family Services for damages
11		sustained by the foster parents as a result of the malicious or
12		negligent acts of foster children, as well as providing third
13		party coverage for such foster parents with regard to actions
14		of foster children to other individuals. Such coverage will be
15		secondary to the foster parent liability insurance policy, if
16		applicable. The program shall be funded through appropriations
17		from the General Revenue Fund, specifically designated for
18		such purposes.
19		(t) The Department shall perform home studies and
20		investigations and shall exercise supervision over visitation
21		as ordered by a court pursuant to the Illinois Marriage and
22		Dissolution of Marriage Act or the Adoption Act only if:
23		(1) an order entered by an Illinois court specifically
24		directs the Department to perform such services; and
25		(2) the court has ordered one or both of the parties to
26		the proceeding to reimburse the Department for its

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1		reasonable costs for providing such services in accordance
2		with Department rules, or has determined that neither
3		party is financially able to pay.
4		The Department shall provide written notification to the
5		court of the specific arrangements for supervised visitation
6		and projected monthly costs within 60 days of the court order.
7		The Department shall send to the court information related to
8		the costs incurred except in cases where the court has
9		determined the parties are financially unable to pay. The
10		court may order additional periodic reports as appropriate.
11		(u) In addition to other information that must be
12		provided, whenever the Department places a child with a
13		prospective adoptive parent or parents, in a licensed foster
14		home, group home, or child care institution, or in a relative
15		home, the Department shall provide to the prospective adoptive
16		parent or parents or other caretaker:
17		(1) available detailed information concerning the
18		child's educational and health history, copies of
19		immunization records (including insurance and medical card
20		information), a history of the child's previous
21		placements, if any, and reasons for placement changes
22		excluding any information that identifies or reveals the
23		location of any previous caretaker;
24		(2) a copy of the child's portion of the client
25		service plan, including any visitation arrangement, and
26		all amendments or revisions to it as related to the child;

HB4844 Engrossed - 166 - LRB103 39009 AMC 69146 b
1		and
2		(3) information containing details of the child's
3		individualized educational plan when the child is
4		receiving special education services.
5		The caretaker shall be informed of any known social or
6		behavioral information (including, but not limited to,
7		criminal background, fire setting, perpetuation of sexual
8		abuse, destructive behavior, and substance abuse) necessary to
9		care for and safeguard the children to be placed or currently
10		in the home. The Department may prepare a written summary of
11		the information required by this paragraph, which may be
12		provided to the foster or prospective adoptive parent in
13		advance of a placement. The foster or prospective adoptive
14		parent may review the supporting documents in the child's file
15		in the presence of casework staff. In the case of an emergency
16		placement, casework staff shall at least provide known
17		information verbally, if necessary, and must subsequently
18		provide the information in writing as required by this
19		subsection.
20		The information described in this subsection shall be
21		provided in writing. In the case of emergency placements when
22		time does not allow prior review, preparation, and collection
23		of written information, the Department shall provide such
24		information as it becomes available. Within 10 business days
25		after placement, the Department shall obtain from the
26		prospective adoptive parent or parents or other caretaker a

HB4844 Engrossed - 167 - LRB103 39009 AMC 69146 b
1		signed verification of receipt of the information provided.
2		Within 10 business days after placement, the Department shall
3		provide to the child's guardian ad litem a copy of the
4		information provided to the prospective adoptive parent or
5		parents or other caretaker. The information provided to the
6		prospective adoptive parent or parents or other caretaker
7		shall be reviewed and approved regarding accuracy at the
8		supervisory level.
9		(u-5) Effective July 1, 1995, only foster care placements
10		licensed as foster family homes pursuant to the Child Care Act
11		of 1969 shall be eligible to receive foster care payments from
12		the Department. Relative caregivers who, as of July 1, 1995,
13		were approved pursuant to approved relative placement rules
14		previously promulgated by the Department at 89 Ill. Adm. Code
15		335 and had submitted an application for licensure as a foster
16		family home may continue to receive foster care payments only
17		until the Department determines that they may be licensed as a
18		foster family home or that their application for licensure is
19		denied or until September 30, 1995, whichever occurs first.
20		(v) The Department shall access criminal history record
21		information as defined in the Illinois Uniform Conviction
22		Information Act and information maintained in the adjudicatory
23		and dispositional record system as defined in Section 2605-355
24		of the Illinois State Police Law if the Department determines
25		the information is necessary to perform its duties under the
26		Abused and Neglected Child Reporting Act, the Child Care Act

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1		of 1969, and the Children and Family Services Act. The
2		Department shall provide for interactive computerized
3		communication and processing equipment that permits direct
4		on-line communication with the Illinois State Police's central
5		criminal history data repository. The Department shall comply
6		with all certification requirements and provide certified
7		operators who have been trained by personnel from the Illinois
8		State Police. In addition, one Office of the Inspector General
9		investigator shall have training in the use of the criminal
10		history information access system and have access to the
11		terminal. The Department of Children and Family Services and
12		its employees shall abide by rules and regulations established
13		by the Illinois State Police relating to the access and
14		dissemination of this information.
15		(v-1) Prior to final approval for placement of a child,
16		the Department shall conduct a criminal records background
17		check of the prospective foster or adoptive parent, including
18		fingerprint-based checks of national crime information
19		databases. Final approval for placement shall not be granted
20		if the record check reveals a felony conviction for child
21		abuse or neglect, for spousal abuse, for a crime against
22		children, or for a crime involving violence, including rape,
23		sexual assault, or homicide, but not including other physical
24		assault or battery, or if there is a felony conviction for
25		physical assault, battery, or a drug-related offense committed
26		within the past 5 years.

HB4844 Engrossed - 169 - LRB103 39009 AMC 69146 b
1		(v-2) Prior to final approval for placement of a child,
2		the Department shall check its child abuse and neglect
3		registry for information concerning prospective foster and
4		adoptive parents, and any adult living in the home. If any
5		prospective foster or adoptive parent or other adult living in
6		the home has resided in another state in the preceding 5 years,
7		the Department shall request a check of that other state's
8		child abuse and neglect registry.
9		(w) Within 120 days of August 20, 1995 (the effective date
10		of Public Act 89-392), the Department shall prepare and submit
11		to the Governor and the General Assembly, a written plan for
12		the development of in-state licensed secure child care
13		facilities that care for children who are in need of secure
14		living arrangements for their health, safety, and well-being.
15		For purposes of this subsection, secure care facility shall
16		mean a facility that is designed and operated to ensure that
17		all entrances and exits from the facility, a building or a
18		distinct part of the building, are under the exclusive control
19		of the staff of the facility, whether or not the child has the
20		freedom of movement within the perimeter of the facility,
21		building, or distinct part of the building. The plan shall
22		include descriptions of the types of facilities that are
23		needed in Illinois; the cost of developing these secure care
24		facilities; the estimated number of placements; the potential
25		cost savings resulting from the movement of children currently
26		out-of-state who are projected to be returned to Illinois; the

HB4844 Engrossed - 170 - LRB103 39009 AMC 69146 b
1		necessary geographic distribution of these facilities in
2		Illinois; and a proposed timetable for development of such
3		facilities.
4		(x) The Department shall conduct annual credit history
5		checks to determine the financial history of children placed
6		under its guardianship pursuant to the Juvenile Court Act of
7		1987. The Department shall conduct such credit checks starting
8		when a youth in care turns 12 years old and each year
9		thereafter for the duration of the guardianship as terminated
10		pursuant to the Juvenile Court Act of 1987. The Department
11		shall determine if financial exploitation of the child's
12		personal information has occurred. If financial exploitation
13		appears to have taken place or is presently ongoing, the
14		Department shall notify the proper law enforcement agency, the
15		proper State's Attorney, or the Attorney General.
16		(y) Beginning on July 22, 2010 (the effective date of
17		Public Act 96-1189), a child with a disability who receives
18		residential and educational services from the Department shall
19		be eligible to receive transition services in accordance with
20		Article 14 of the School Code from the age of 14.5 through age
21		21, inclusive, notwithstanding the child's residential
22		services arrangement. For purposes of this subsection, "child
23		with a disability" means a child with a disability as defined
24		by the federal Individuals with Disabilities Education
25		Improvement Act of 2004.
26		(z) The Department shall access criminal history record

HB4844 Engrossed - 171 - LRB103 39009 AMC 69146 b
1		information as defined as "background information" in this
2		subsection and criminal history record information as defined
3		in the Illinois Uniform Conviction Information Act for each
4		Department employee or Department applicant. Each Department
5		employee or Department applicant shall submit the employee's
6		or applicant's fingerprints to the Illinois State Police in
7		the form and manner prescribed by the Illinois State Police.
8		These fingerprints shall be checked against the fingerprint
9		records now and hereafter filed in the Illinois State Police
10		and the Federal Bureau of Investigation criminal history
11		records databases. The Illinois State Police shall charge a
12		fee for conducting the criminal history record check, which
13		shall be deposited into the State Police Services Fund and
14		shall not exceed the actual cost of the record check. The
15		Illinois State Police shall furnish, pursuant to positive
16		identification, all Illinois conviction information to the
17		Department of Children and Family Services.
18		For purposes of this subsection:
19		"Background information" means all of the following:
20		(i) Upon the request of the Department of Children and
21		Family Services, conviction information obtained from the
22		Illinois State Police as a result of a fingerprint-based
23		criminal history records check of the Illinois criminal
24		history records database and the Federal Bureau of
25		Investigation criminal history records database concerning
26		a Department employee or Department applicant.

HB4844 Engrossed - 172 - LRB103 39009 AMC 69146 b
1		(ii) Information obtained by the Department of
2		Children and Family Services after performing a check of
3		the Illinois State Police's Sex Offender Database, as
4		authorized by Section 120 of the Sex Offender Community
5		Notification Law, concerning a Department employee or
6		Department applicant.
7		(iii) Information obtained by the Department of
8		Children and Family Services after performing a check of
9		the Child Abuse and Neglect Tracking System (CANTS)
10		operated and maintained by the Department.
11		"Department employee" means a full-time or temporary
12		employee coded or certified within the State of Illinois
13		Personnel System.
14		"Department applicant" means an individual who has
15		conditional Department full-time or part-time work, a
16		contractor, an individual used to replace or supplement staff,
17		an academic intern, a volunteer in Department offices or on
18		Department contracts, a work-study student, an individual or
19		entity licensed by the Department, or an unlicensed service
20		provider who works as a condition of a contract or an agreement
21		and whose work may bring the unlicensed service provider into
22		contact with Department clients or client records.
23		(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;
24		102-1014, eff. 5-27-22; 103-22, eff. 8-8-23; 103-50, eff.
25		1-1-24; 103-546, eff. 8-11-23; revised 9-25-23.)

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1		(20 ILCS 505/5d)
2		Sec. 5d. The Direct Child Welfare Service Employee License
3		Board.
4		(a) For purposes of this Section:
5		(1) "Board" means the Direct Child Welfare Service
6		Employee License Board.
7		(2) "Director" means the Director of Children and
8		Family Services.
9		(b) The Direct Child Welfare Service Employee License
10		Board is created within the Department of Children and Family
11		Services and shall consist of 9 members appointed by the
12		Director. The Director shall annually designate a chairperson
13		and vice-chairperson of the Board. The membership of the Board
14		must be composed as follows: (i) 5 licensed professionals from
15		the field of human services with a human services, juris
16		doctor, medical, public administration, or other relevant
17		human services degree and who are in good standing within
18		their profession, at least 2 of which must be employed in the
19		private not-for-profit sector and at least one of which in the
20		public sector; (ii) 2 faculty members of an accredited
21		university who have child welfare experience and are in good
22		standing within their profession; and (iii) 2 members of the
23		general public who are not licensed under this Act or a similar
24		rule and will represent consumer interests.
25		In making the first appointments, the Director shall
26		appoint 3 members to serve for a term of one year, 3 members to

HB4844 Engrossed - 174 - LRB103 39009 AMC 69146 b
1		serve for a term of 2 years, and 3 members to serve for a term
2		of 3 years, or until their successors are appointed and
3		qualified. Their successors shall be appointed to serve 3-year
4		terms, or until their successors are appointed and qualified.
5		Appointments to fill unexpired vacancies shall be made in the
6		same manner as original appointments. No member may be
7		reappointed if a reappointment would cause that member to
8		serve on the Board for longer than 6 consecutive years. Board
9		membership must have reasonable representation from different
10		geographic areas of Illinois, and all members must be
11		residents of this State.
12		The Director may terminate the appointment of any member
13		for good cause, including, but not limited to: (i) unjustified
14		absences from Board meetings or other failure to meet Board
15		responsibilities, (ii) failure to recuse oneself when required
16		by subsection (c) of this Section or Department rule, or (iii)
17		failure to maintain the professional position required by
18		Department rule. No member of the Board may have a pending or
19		indicated report of child abuse or neglect or a pending
20		complaint or criminal conviction of any of the offenses set
21		forth in paragraph (b) of Section 4.2 of the Child Care Act of
22		1969.
23		The members of the Board shall receive no compensation for
24		the performance of their duties as members, but each member
25		shall be reimbursed for the member's reasonable and necessary
26		expenses incurred in attending the meetings of the Board.

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1		(c) The Board shall make recommendations to the Director
2		regarding licensure rules. Board members must recuse
3		themselves from sitting on any matter involving an employee of
4		a child welfare agency at which the Board member is an employee
5		or contractual employee. The Board shall make a final
6		determination concerning revocation, suspension, or
7		reinstatement of an employee's direct child welfare service
8		license after a hearing conducted under the Department's
9		rules. Upon notification of the manner of the vote to all the
10		members, votes on a final determination may be cast in person,
11		by telephonic or electronic means, or by mail at the
12		discretion of the chairperson. A simple majority of the
13		members appointed and serving is required when Board members
14		vote by mail or by telephonic or electronic means. A majority
15		of the currently appointed and serving Board members
16		constitutes a quorum. A majority of a quorum is required when a
17		recommendation is voted on during a Board meeting. A vacancy
18		in the membership of the Board shall not impair the right of a
19		quorum to perform all the duties of the Board. Board members
20		are not personally liable in any action based upon a
21		disciplinary proceeding or otherwise for any action taken in
22		good faith as a member of the Board.
23		(d) The Director may assign Department employees to
24		provide staffing services to the Board. The Department must
25		promulgate any rules necessary to implement and administer the
26		requirements of this Section.

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1		(Source: P.A. 102-45, eff. 1-1-22; 103-22, eff. 8-8-23;
2		revised 9-25-23.)
3		(20 ILCS 505/7.4)
4		Sec. 7.4. Development and preservation of sibling
5		relationships for children in care; placement of siblings;
6		contact among siblings placed apart.
7		(a) Purpose and policy. The General Assembly recognizes
8		that sibling relationships are unique and essential for a
9		person, but even more so for children who are removed from the
10		care of their families and placed in the State child welfare
11		system. When family separation occurs through State
12		intervention, every effort must be made to preserve, support,
13		and nurture sibling relationships when doing so is in the best
14		interest of each sibling. It is in the interests of foster
15		children who are part of a sibling group to enjoy contact with
16		one another, as long as the contact is in each child's best
17		interest. This is true both while the siblings are in State
18		care and after one or all of the siblings leave State care
19		through adoption, guardianship, or aging out.
20		(b) Definitions. For purposes of this Section:
21		(1) Whenever a best interest determination is required
22		by this Section, the Department shall consider the factors
23		set out in subsection (4.05) of Section 1-3 of the
24		Juvenile Court Act of 1987 and the Department's rules
25		regarding Sibling Placement, 89 Ill. Adm. Code 301.70, and

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1		Sibling Visitation, 89 Ill. Adm. Code 301.220, and the
2		Department's rules regarding Placement Selection Criteria,
3		89 Ill. Adm. Code 301.60.
4		(2) "Adopted child" means a child who, immediately
5		preceding the adoption, was in the custody or guardianship
6		of the Illinois Department of Children and Family Services
7		under Article II of the Juvenile Court Act of 1987.
8		(3) "Adoptive parent" means a person who has become a
9		parent through the legal process of adoption.
10		(4) "Child" means a person in the temporary custody or
11		guardianship of the Department who is under the age of 21.
12		(5) "Child placed in private guardianship" means a
13		child who, immediately preceding the guardianship, was in
14		the custody or guardianship of the Illinois Department of
15		Children and Family Services under Article II of the
16		Juvenile Court Act of 1987.
17		(6) "Contact" may include, but is not limited to,
18		visits, telephone calls, letters, sharing of photographs
19		or information, e-mails, video conferencing, and other
20		forms form of communication or contact.
21		(7) "Legal guardian" means a person who has become the
22		legal guardian of a child who, immediately prior to the
23		guardianship, was in the custody or guardianship of the
24		Illinois Department of Children and Family Services under
25		Article II of the Juvenile Court Act of 1987.
26		(8) "Parent" means the child's mother or father who is

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1		named as the respondent in proceedings conducted under
2		Article II of the Juvenile Court Act of 1987.
3		(9) "Post Permanency Sibling Contact" means contact
4		between siblings following the entry of a Judgment Order
5		for Adoption under Section 14 of the Adoption Act
6		regarding at least one sibling or an Order for
7		Guardianship appointing a private guardian under Section
8		2-27 of or the Juvenile Court Act of 1987, regarding at
9		least one sibling. Post Permanency Sibling Contact may
10		include, but is not limited to, visits, telephone calls,
11		letters, sharing of photographs or information, emails,
12		video conferencing, and other forms of communication or
13		connection agreed to by the parties to a Post Permanency
14		Sibling Contact Agreement.
15		(10) "Post Permanency Sibling Contact Agreement" means
16		a written agreement between the adoptive parent or
17		parents, the child, and the child's sibling regarding post
18		permanency contact between the adopted child and the
19		child's sibling, or a written agreement between the legal
20		guardians, the child, and the child's sibling regarding
21		post permanency contact between the child placed in
22		guardianship and the child's sibling. The Post Permanency
23		Sibling Contact Agreement may specify the nature and
24		frequency of contact between the adopted child or child
25		placed in guardianship and the child's sibling following
26		the entry of the Judgment Order for Adoption or Order for

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1		Private Guardianship. The Post Permanency Sibling Contact
2		Agreement may be supported by services as specified in
3		this Section. The Post Permanency Sibling Contact
4		Agreement is voluntary on the part of the parties to the
5		Post Permanency Sibling Contact Agreement and is not a
6		requirement for finalization of the child's adoption or
7		guardianship. The Post Permanency Sibling Contract
8		Agreement shall not be enforceable in any court of law or
9		administrative forum and no cause of action shall be
10		brought to enforce the Agreement. When entered into, the
11		Post Permanency Sibling Contact Agreement shall be placed
12		in the child's Post Adoption or Guardianship case record
13		and in the case file of a sibling who is a party to the
14		agreement and who remains in the Department's custody or
15		guardianship.
16		(11) "Sibling Contact Support Plan" means a written
17		document that sets forth the plan for future contact
18		between siblings who are in the Department's care and
19		custody and residing separately. The goal of the Support
20		Plan is to develop or preserve and nurture the siblings'
21		relationships. The Support Plan shall set forth the role
22		of the foster parents, caregivers, and others in
23		implementing the Support Plan. The Support Plan must meet
24		the minimum standards regarding frequency of in-person
25		visits provided for in Department rule.
26		(12) "Siblings" means children who share at least one

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1		parent in common. This definition of siblings applies
2		solely for purposes of placement and contact under this
3		Section. For purposes of this Section, children who share
4		at least one parent in common continue to be siblings
5		after their parent's parental rights are terminated, if
6		parental rights were terminated while a petition under
7		Article II of the Juvenile Court Act of 1987 was pending.
8		For purposes of this Section, children who share at least
9		one parent in common continue to be siblings after a
10		sibling is adopted or placed in private guardianship when
11		the adopted child or child placed in private guardianship
12		was in the Department's custody or guardianship under
13		Article II of the Juvenile Court Act of 1987 immediately
14		prior to the adoption or private guardianship. For
15		children who have been in the guardianship of the
16		Department under Article II of the Juvenile Court Act of
17		1987, have been adopted, and are subsequently returned to
18		the temporary custody or guardianship of the Department
19		under Article II of the Juvenile Court Act of 1987,
20		"siblings" includes a person who would have been
21		considered a sibling prior to the adoption and siblings
22		through adoption.
23		(c) No later than January 1, 2013, the Department shall
24		promulgate rules addressing the development and preservation
25		of sibling relationships. The rules shall address, at a
26		minimum:

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1		(1) Recruitment, licensing, and support of foster
2		parents willing and capable of either fostering sibling
3		groups or supporting and being actively involved in
4		planning and executing sibling contact for siblings placed
5		apart. The rules shall address training for foster
6		parents, licensing workers, placement workers, and others
7		as deemed necessary.
8		(2) Placement selection for children who are separated
9		from their siblings and how to best promote placements of
10		children with foster parents or programs that can meet the
11		children's needs, including the need to develop and
12		maintain contact with siblings.
13		(3) State-supported guidance to siblings who have aged
14		out of State state care regarding positive engagement with
15		siblings.
16		(4) Implementation of Post Permanency Sibling Contact
17		Agreements for children exiting State care, including
18		services offered by the Department to encourage and assist
19		parties in developing agreements, services offered by the
20		Department post permanency to support parties in
21		implementing and maintaining agreements, and including
22		services offered by the Department post permanency to
23		assist parties in amending agreements as necessary to meet
24		the needs of the children.
25		(5) Services offered by the Department for children
26		who exited foster care prior to the availability of Post

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1		Permanency Sibling Contact Agreements, to invite willing
2		parties to participate in a facilitated discussion,
3		including, but not limited to, a mediation or joint team
4		decision-making meeting, to explore sibling contact.
5		(d) The Department shall develop a form to be provided to
6		youth entering care and exiting care explaining their rights
7		and responsibilities related to sibling visitation while in
8		care and post permanency.
9		(e) Whenever a child enters care or requires a new
10		placement, the Department shall consider the development and
11		preservation of sibling relationships.
12		(1) This subsection applies when a child entering care
13		or requiring a change of placement has siblings who are in
14		the custody or guardianship of the Department. When a
15		child enters care or requires a new placement, the
16		Department shall examine its files and other available
17		resources and determine whether a sibling of that child is
18		in the custody or guardianship of the Department. If the
19		Department determines that a sibling is in its custody or
20		guardianship, the Department shall then determine whether
21		it is in the best interests of each of the siblings for the
22		child needing placement to be placed with the sibling. If
23		the Department determines that it is in the best interest
24		of each sibling to be placed together, and the sibling's
25		foster parent is able and willing to care for the child
26		needing placement, the Department shall place the child

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1		needing placement with the sibling. A determination that
2		it is not in a child's best interest to be placed with a
3		sibling shall be made in accordance with Department rules,
4		and documented in the file of each sibling.
5		(2) This subsection applies when a child who is
6		entering care has siblings who have been adopted or placed
7		in private guardianship. When a child enters care, the
8		Department shall examine its files and other available
9		resources, including consulting with the child's parents,
10		to determine whether a sibling of the child was adopted or
11		placed in private guardianship from State care. The
12		Department shall determine, in consultation with the
13		child's parents, whether it would be in the child's best
14		interests to explore placement with the adopted sibling or
15		sibling in guardianship. Unless the parent objects, if the
16		Department determines it is in the child's best interest
17		to explore the placement, the Department shall contact the
18		adoptive parents or guardians of the sibling, determine
19		whether they are willing to be considered as placement
20		resources for the child, and, if so, determine whether it
21		is in the best interests of the child to be placed in the
22		home with the sibling. If the Department determines that
23		it is in the child's best interests to be placed in the
24		home with the sibling, and the sibling's adoptive parents
25		or guardians are willing and capable, the Department shall
26		make the placement. A determination that it is not in a

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1		child's best interest to be placed with a sibling shall be
2		made in accordance with Department rule, and documented in
3		the child's file.
4		(3) This subsection applies when a child in Department
5		custody or guardianship requires a change of placement,
6		and the child has siblings who have been adopted or placed
7		in private guardianship. When a child in care requires a
8		new placement, the Department may consider placing the
9		child with the adoptive parent or guardian of a sibling
10		under the same procedures and standards set forth in
11		paragraph (2) of this subsection.
12		(4) When the Department determines it is not in the
13		best interest of one or more siblings to be placed
14		together the Department shall ensure that the child
15		requiring placement is placed in a home or program where
16		the caregiver is willing and able to be actively involved
17		in supporting the sibling relationship to the extent doing
18		so is in the child's best interest.
19		(f) When siblings in care are placed in separate
20		placements, the Department shall develop a Sibling Contact
21		Support Plan. The Department shall convene a meeting to
22		develop the Support Plan. The meeting shall include, at a
23		minimum, the case managers for the siblings, the foster
24		parents or other care providers if a child is in a non-foster
25		home placement and the child, when developmentally and
26		clinically appropriate. The Department shall make all

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1		reasonable efforts to promote the participation of the foster
2		parents. Parents whose parental rights are intact shall be
3		invited to the meeting. Others, such as therapists and
4		mentors, shall be invited as appropriate. The Support Plan
5		shall set forth future contact and visits between the siblings
6		to develop or preserve, and nurture the siblings'
7		relationships. The Support Plan shall set forth the role of
8		the foster parents and caregivers and others in implementing
9		the Support Plan. The Support Plan must meet the minimum
10		standards regarding frequency of in-person visits provided for
11		in Department rule. The Support Plan will be incorporated in
12		the child's service plan and reviewed at each administrative
13		case review. The Support Plan should be modified if one of the
14		children moves to a new placement, or as necessary to meet the
15		needs of the children. The Sibling Contact Support Plan for a
16		child in care may include siblings who are not in the care of
17		the Department, with the consent and participation of that
18		child's parent or guardian.
19		(g) By January 1, 2013, the Department shall develop a
20		registry so that placement information regarding adopted
21		siblings and siblings in private guardianship is readily
22		available to Department and private agency caseworkers
23		responsible for placing children in the Department's care.
24		When a child is adopted or placed in private guardianship from
25		foster care the Department shall inform the adoptive parents
26		or guardians that they may be contacted in the future

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1		regarding placement of or contact with siblings subsequently
2		requiring placement.
3		(h) When a child is in need of an adoptive placement, the
4		Department shall examine its files and other available
5		resources and attempt to determine whether a sibling of the
6		child has been adopted or placed in private guardianship after
7		being in the Department's custody or guardianship. If the
8		Department determines that a sibling of the child has been
9		adopted or placed in private guardianship, the Department
10		shall make a good faith effort to locate the adoptive parents
11		or guardians of the sibling and inform them of the
12		availability of the child for adoption. The Department may
13		determine not to inform the adoptive parents or guardians of a
14		sibling of a child that the child is available for adoption
15		only for a reason permitted under criteria adopted by the
16		Department by rule, and documented in the child's case file.
17		If a child available for adoption has a sibling who has been
18		adopted or placed in guardianship, and the adoptive parents or
19		guardians of that sibling apply to adopt the child, the
20		Department shall consider them as adoptive applicants for the
21		adoption of the child. The Department's final decision as to
22		whether it will consent to the adoptive parents or guardians
23		of a sibling being the adoptive parents of the child shall be
24		based upon the welfare and best interest of the child. In
25		arriving at its decision, the Department shall consider all
26		relevant factors, including, but not limited to:

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1		(1) the wishes of the child;
2		(2) the interaction and interrelationship of the child
3		with the applicant to adopt the child;
4		(3) the child's need for stability and continuity of
5		relationship with parent figures;
6		(4) the child's adjustment to the child's present
7		home, school, and community;
8		(5) the mental and physical health of all individuals
9		involved;
10		(6) the family ties between the child and the child's
11		relatives, including siblings;
12		(7) the background, age, and living arrangements of
13		the applicant to adopt the child;
14		(8) a criminal background report of the applicant to
15		adopt the child.
16		If placement of the child available for adoption with the
17		adopted sibling or sibling in private guardianship is not
18		feasible, but it is in the child's best interest to develop a
19		relationship with the child's sibling, the Department shall
20		invite the adoptive parents, guardian, or guardians for a
21		mediation or joint team decision-making meeting to facilitate
22		a discussion regarding future sibling contact.
23		(i) Post Permanency Sibling Contact Agreement. When a
24		child in the Department's care has a permanency goal of
25		adoption or private guardianship, and the Department is
26		preparing to finalize the adoption or guardianship, the

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1		Department shall convene a meeting with the pre-adoptive
2		parent or prospective guardian and the case manager for the
3		child being adopted or placed in guardianship and the foster
4		parents and case managers for the child's siblings, and others
5		as applicable. The children should participate as is
6		developmentally appropriate. Others, such as therapists and
7		mentors, may participate as appropriate. At the meeting the
8		Department shall encourage the parties to discuss sibling
9		contact post permanency. The Department may assist the parties
10		in drafting a Post Permanency Sibling Contact Agreement.
11		(1) Parties to the Post Permanency Sibling Contact
12		Agreement shall include:
13		(A) The adoptive parent or parents or guardian.
14		(B) The child's sibling or siblings, parents, or
15		guardians.
16		(C) The child.
17		(2) Consent of child 14 and over. The written consent
18		of a child age 14 and over to the terms and conditions of
19		the Post Permanency Sibling Contact Agreement and
20		subsequent modifications is required.
21		(3) In developing this Agreement, the Department shall
22		encourage the parties to consider the following factors:
23		(A) the physical and emotional safety and welfare
24		of the child;
25		(B) the child's wishes;
26		(C) the interaction and interrelationship of the

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1		child with the child's sibling or siblings who would
2		be visiting or communicating with the child,
3		including:
4		(i) the quality of the relationship between
5		the child and the sibling or siblings, and
6		(ii) the benefits and potential harms to the
7		child in allowing the relationship or
8		relationships to continue or in ending them;
9		(D) the child's sense of attachments to the birth
10		sibling or siblings and adoptive family, including:
11		(i) the child's sense of being valued;
12		(ii) the child's sense of familiarity; and
13		(iii) continuity of affection for the child;
14		and
15		(E) other factors relevant to the best interest of
16		the child.
17		(4) In considering the factors in paragraph (3) of
18		this subsection, the Department shall encourage the
19		parties to recognize the importance to a child of
20		developing a relationship with siblings including siblings
21		with whom the child does not yet have a relationship; and
22		the value of preserving family ties between the child and
23		the child's siblings, including:
24		(A) the child's need for stability and continuity
25		of relationships with siblings, and
26		(B) the importance of sibling contact in the

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1		development of the child's identity.
2		(5) Modification or termination of Post Permanency
3		Sibling Contact Agreement. The parties to the agreement
4		may modify or terminate the Post Permanency Sibling
5		Contact Agreement. If the parties cannot agree to
6		modification or termination, they may request the
7		assistance of the Department of Children and Family
8		Services or another agency identified and agreed upon by
9		the parties to the Post Permanency Sibling Contact
10		Agreement. Any and all terms may be modified by agreement
11		of the parties. Post Permanency Sibling Contact Agreements
12		may also be modified to include contact with siblings
13		whose whereabouts were unknown or who had not yet been
14		born when the Judgment Order for Adoption or Order for
15		Private Guardianship was entered.
16		(6) Adoptions and private guardianships finalized
17		prior to August 24, 2012 (the effective date of Public Act
18		97-1076) amendatory Act. Nothing in this Section prohibits
19		the parties from entering into a Post Permanency Sibling
20		Contact Agreement if the adoption or private guardianship
21		was finalized prior to the effective date of this Section.
22		If the Agreement is completed and signed by the parties,
23		the Department shall include the Post Permanency Sibling
24		Contact Agreement in the child's Post Adoption or Private
25		Guardianship case record and in the case file of siblings
26		who are parties to the agreement who are in the

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1		Department's custody or guardianship.
2		(Source: P.A. 103-22, eff. 8-8-23; 103-154, eff. 6-30-23;
3		revised 1-30-24.)
4		(20 ILCS 505/17) (from Ch. 23, par. 5017)
5		Sec. 17. Youth and Community Services Program. The
6		Department of Human Services shall develop a State program for
7		youth and community services which will assure that youth who
8		come into contact or may come into contact with either the
9		child welfare system or the juvenile justice system will have
10		access to needed community, prevention, diversion, emergency,
11		and independent living services. The term "youth" means a
12		person under the age of 19 years. The term "homeless youth"
13		means a youth who cannot be reunited with the youth's family
14		and is not in a safe and stable living situation. This Section
15		shall not be construed to require the Department of Human
16		Services to provide services under this Section to any
17		homeless youth who is at least 18 years of age but is younger
18		than 19 years of age; however, the Department may, in its
19		discretion, provide services under this Section to any such
20		homeless youth.
21		(a) The goals of the program shall be to:
22		(1) maintain children and youths in their own
23		community;
24		(2) eliminate unnecessary categorical funding of
25		programs by funding more comprehensive and integrated

HB4844 Engrossed - 192 - LRB103 39009 AMC 69146 b
1		programs;
2		(3) encourage local volunteers and voluntary
3		associations in developing programs aimed at preventing
4		and controlling juvenile delinquency;
5		(4) address voids in services and close service gaps;
6		(5) develop program models aimed at strengthening the
7		relationships between youth and their families and aimed
8		at developing healthy, independent lives for homeless
9		youth;
10		(6) contain costs by redirecting funding to more
11		comprehensive and integrated community-based services; and
12		(7) coordinate education, employment, training and
13		other programs for youths with other State agencies.
14		(b) The duties of the Department under the program shall
15		be to:
16		(1) design models for service delivery by local
17		communities;
18		(2) test alternative systems for delivering youth
19		services;
20		(3) develop standards necessary to achieve and
21		maintain, on a statewide basis, more comprehensive and
22		integrated community-based youth services;
23		(4) monitor and provide technical assistance to local
24		boards and local service systems;
25		(5) assist local organizations in developing programs
26		which address the problems of youths and their families

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1		through direct services, advocacy with institutions, and
2		improvement of local conditions;
3		(6) (blank); and
4		(7) establish temporary emergency placements for youth
5		in crisis as defined by the Children's Behavioral Health
6		Transformation Team through comprehensive community-based
7		youth services provider grants.
8		(A) Temporary emergency placements:
9		(i) must be licensed through the Department of
10		Children and Family Services or, in the case of a
11		foster home or host home, by the supervising child
12		welfare agency;
13		(ii) must be strategically situated to meet
14		regional need and minimize geographic disruption
15		in consultation with the Children's Behavioral
16		Health Transformation Officer and the Children's
17		Behavioral Health Transformation Team; and
18		(iii) shall include Comprehensive
19		Community-Based Youth Services program host homes,
20		foster homes, homeless youth shelters, Department
21		of Children and Family Services youth shelters, or
22		other licensed placements for minor youth
23		compliant with the Child Care Act of 1969 provided
24		under the Comprehensive Community-Based Youth
25		Services program.
26		(B) Beginning on August 11, 2023 (the effective

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1		date of Public Act 103-546) this amendatory Act of the
2		103rd General Assembly, once sufficient capacity has
3		been developed, temporary emergency placements must
4		also include temporary emergency placement shelters
5		provided under the Comprehensive Community-Based Youth
6		Services program. Temporary emergency placement
7		shelters shall be managed by Comprehensive
8		Community-Based Youth Services provider organizations
9		and shall be available to house youth receiving
10		interim 24/7 crisis intervention services as defined
11		by the Juvenile Court Act of 1987 and the
12		Comprehensive Community-Based Youth Services program
13		grant and the Department, and shall provide access to
14		clinical supports for youth while staying at the
15		shelter.
16		(C) Comprehensive Community-Based Youth Services
17		organizations shall retain the sole authority to place
18		youth in host homes and temporary emergency placement
19		shelters provided under the Comprehensive
20		Community-Based Youth Services program.
21		(D) Crisis youth, as defined by the Children's
22		Behavioral Health Transformation Team, shall be
23		prioritized in temporary emergency placements.
24		(E) Additional placement options may be authorized
25		for crisis and non-crisis program youth with the
26		permission of the youth's parent or legal guardian.

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1		(F) While in a temporary emergency placement, the
2		organization shall work with the parent, guardian, or
3		custodian to effectuate the youth's return home or to
4		an alternative long-term living arrangement. As
5		necessary, the agency or association shall also work
6		with the youth's local school district, the
7		Department, the Department of Human Services, the
8		Department of Healthcare and Family Services, and the
9		Department of Juvenile Justice to identify immediate
10		and long-term services, treatment, or placement.
11		Nothing in this Section shall be construed or applied in a
12		manner that would conflict with, diminish, or infringe upon,
13		any State agency's obligation to comply fully with
14		requirements imposed under a court order or State or federal
15		consent decree applicable to that agency.
16		(Source: P.A. 103-22, eff. 8-8-23; 103-546, eff. 8-11-23;
17		revised 8-28-23.)
18		(20 ILCS 505/21)
19		Sec. 21. Investigative powers; training.
20		(a) To make such investigations as it may deem necessary
21		to the performance of its duties.
22		(b) In the course of any such investigation any qualified
23		person authorized by the Director may administer oaths and
24		secure by its subpoena both the attendance and testimony of
25		witnesses and the production of books and papers relevant to

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1		such investigation. Any person who is served with a subpoena
2		by the Department to appear and testify or to produce books and
3		papers, in the course of an investigation authorized by law,
4		and who refuses or neglects to appear, or to testify, or to
5		produce books and papers relevant to such investigation, as
6		commanded in such subpoena, shall be guilty of a Class B
7		misdemeanor. The fees of witnesses for attendance and travel
8		shall be the same as the fees of witnesses before the circuit
9		courts of this State. Any circuit court of this State, upon
10		application of the person requesting the hearing or the
11		Department, may compel the attendance of witnesses, the
12		production of books and papers, and giving of testimony before
13		the Department or before any authorized officer or employee
14		thereof, by an attachment for contempt or otherwise, in the
15		same manner as production of evidence may be compelled before
16		such court. Every person who, having taken an oath or made
17		affirmation before the Department or any authorized officer or
18		employee thereof, shall willfully swear or affirm falsely,
19		shall be guilty of perjury and upon conviction shall be
20		punished accordingly.
21		(c) Investigations initiated under this Section shall
22		provide individuals due process of law, including the right to
23		a hearing, to cross-examine witnesses, to obtain relevant
24		documents, and to present evidence. Administrative findings
25		shall be subject to the provisions of the Administrative
26		Review Law.

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1		(d) Beginning July 1, 1988, any child protective
2		investigator or supervisor or child welfare specialist or
3		supervisor employed by the Department on January 1, 1988 (the
4		effective date of Public Act 85-206) this amendatory Act of
5		1987 shall have completed a training program which shall be
6		instituted by the Department. The training program shall
7		include, but not be limited to, the following: (1) training in
8		the detection of symptoms of child neglect and drug abuse; (2)
9		specialized training for dealing with families and children of
10		drug abusers; and (3) specific training in child development,
11		family dynamics and interview techniques. Such program shall
12		conform to the criteria and curriculum developed under Section
13		4 of the Child Protective Investigator and Child Welfare
14		Specialist Certification Act of 1987. Failure to complete such
15		training due to lack of opportunity provided by the Department
16		shall in no way be grounds for any disciplinary or other action
17		against an investigator or a specialist.
18		The Department shall develop a continuous inservice staff
19		development program and evaluation system. Each child
20		protective investigator and supervisor and child welfare
21		specialist and supervisor shall participate in such program
22		and evaluation and shall complete a minimum of 20 hours of
23		inservice education and training every 2 years in order to
24		maintain certification.
25		Any child protective investigator or child protective
26		supervisor, or child welfare specialist or child welfare

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1		specialist supervisor hired by the Department who begins
2		actual employment after January 1, 1988 (the effective date of
3		Public Act 85-206) this amendatory Act of 1987, shall be
4		certified pursuant to the Child Protective Investigator and
5		Child Welfare Specialist Certification Act of 1987 before
6		beginning such employment. Nothing in this Act shall replace
7		or diminish the rights of employees under the Illinois Public
8		Labor Relations Act, as amended, or the National Labor
9		Relations Act. In the event of any conflict between either of
10		those Acts, or any collective bargaining agreement negotiated
11		thereunder, and the provisions of subsections (d) and (e), the
12		former shall prevail and control.
13		(e) The Department shall develop and implement the
14		following:
15		(1) A safety-based child welfare intervention system.
16		(2) Related training procedures.
17		(3) A standardized method for demonstration of
18		proficiency in application of the safety-based child
19		welfare intervention system.
20		(4) An evaluation of the reliability and validity of
21		the safety-based child welfare intervention system.
22		All child protective investigators and supervisors and child
23		welfare specialists and supervisors employed by the Department
24		or its contractors shall be required, subsequent to the
25		availability of training under this Act, to demonstrate
26		proficiency in application of the safety-based child welfare

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1		intervention system previous to being permitted to make safety
2		decisions about the children for whom they are responsible.
3		The Department shall establish a multi-disciplinary advisory
4		committee appointed by the Director, including, but not
5		limited to, representatives from the fields of child
6		development, domestic violence, family systems, juvenile
7		justice, law enforcement, health care, mental health,
8		substance abuse, and social service to advise the Department
9		and its related contractors in the development and
10		implementation of the safety-based child welfare intervention
11		system, related training, method for demonstration of
12		proficiency in application of the safety-based child welfare
13		intervention system, and evaluation of the reliability and
14		validity of the safety-based child welfare intervention
15		system. The Department shall develop the safety-based child
16		welfare intervention system, training curriculum, method for
17		demonstration of proficiency in application of the
18		safety-based child welfare intervention system, and method for
19		evaluation of the reliability and validity of the safety-based
20		child welfare intervention system. Training and demonstration
21		of proficiency in application of the safety-based child
22		welfare intervention system for all child protective
23		investigators and supervisors and child welfare specialists
24		and supervisors shall be completed as soon as practicable. The
25		Department shall submit to the General Assembly on or before
26		December 31, 2026, and every year thereafter, an annual report

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1		on the evaluation of the reliability and validity of the
2		safety-based child welfare intervention system. The Department
3		shall contract with a not-for-profit not for profit
4		organization with demonstrated expertise in the field of
5		safety-based child welfare intervention to assist in the
6		development and implementation of the safety-based child
7		welfare intervention system, related training, method for
8		demonstration of proficiency in application of the
9		safety-based child welfare intervention system, and evaluation
10		of the reliability and validity of the safety-based child
11		welfare intervention system.
12		(f) The Department shall provide each parent or guardian
13		and responsible adult caregiver participating in a safety plan
14		a copy of the written safety plan as signed by each parent or
15		guardian and responsible adult caregiver and by a
16		representative of the Department. The Department shall also
17		provide each parent or guardian and responsible adult
18		caregiver safety plan information on their rights and
19		responsibilities that shall include, but need not be limited
20		to, information on how to obtain medical care, emergency phone
21		numbers, and information on how to notify schools or day care
22		providers as appropriate. The Department's representative
23		shall ensure that the safety plan is reviewed and approved by
24		the child protection supervisor.
25		(Source: P.A. 103-22, eff. 8-8-23; 103-460, eff. 1-1-24;
26		revised 9-11-23.)

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1		Section 75. The Department of Commerce and Economic
2		Opportunity Law of the Civil Administrative Code of Illinois
3		is amended by renumbering Section 1105 as follows:
4		(20 ILCS 605/605-1103)
5		(Section scheduled to be repealed on December 31, 2024)
6		Sec. 605-1103 1105. Power price mitigation assistance.
7		Subject to appropriation from such funds made available, the
8		Department shall reimburse up to $200,000,000 to an eligible
9		electric utility serving adversely impacted residential and
10		small commercial customers pursuant to Section 16-107.7 of the
11		Public Utilities Act. This Section is repealed December 31,
12		2024.
13		(Source: P.A. 102-1123, eff. 1-27-23; revised 10-18-23.)
14		Section 80. The Illinois Enterprise Zone Act is amended by
15		changing Section 5.5 as follows:
16		(20 ILCS 655/5.5) (from Ch. 67 1/2, par. 609.1)
17		Sec. 5.5. High Impact Business.
18		(a) In order to respond to unique opportunities to assist
19		in the encouragement, development, growth, and expansion of
20		the private sector through large scale investment and
21		development projects, the Department is authorized to receive
22		and approve applications for the designation of "High Impact

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1		Businesses" in Illinois, for an initial term of 20 years with
2		an option for renewal for a term not to exceed 20 years,
3		subject to the following conditions:
4		(1) such applications may be submitted at any time
5		during the year;
6		(2) such business is not located, at the time of
7		designation, in an enterprise zone designated pursuant to
8		this Act;
9		(3) the business intends to do, commits to do, or is
10		one or more of the following:
11		(A) the business intends to make a minimum
12		investment of $12,000,000 which will be placed in
13		service in qualified property and intends to create
14		500 full-time equivalent jobs at a designated location
15		in Illinois or intends to make a minimum investment of
16		$30,000,000 which will be placed in service in
17		qualified property and intends to retain 1,500
18		full-time retained jobs at a designated location in
19		Illinois. The terms "placed in service" and "qualified
20		property" have the same meanings as described in
21		subsection (h) of Section 201 of the Illinois Income
22		Tax Act; or
23		(B) the business intends to establish a new
24		electric generating facility at a designated location
25		in Illinois. "New electric generating facility", for
26		purposes of this Section, means a newly constructed

HB4844 Engrossed - 203 - LRB103 39009 AMC 69146 b
1		electric generation plant or a newly constructed
2		generation capacity expansion at an existing electric
3		generation plant, including the transmission lines and
4		associated equipment that transfers electricity from
5		points of supply to points of delivery, and for which
6		such new foundation construction commenced not sooner
7		than July 1, 2001. Such facility shall be designed to
8		provide baseload electric generation and shall operate
9		on a continuous basis throughout the year; and (i)
10		shall have an aggregate rated generating capacity of
11		at least 1,000 megawatts for all new units at one site
12		if it uses natural gas as its primary fuel and
13		foundation construction of the facility is commenced
14		on or before December 31, 2004, or shall have an
15		aggregate rated generating capacity of at least 400
16		megawatts for all new units at one site if it uses coal
17		or gases derived from coal as its primary fuel and
18		shall support the creation of at least 150 new
19		Illinois coal mining jobs, or (ii) shall be funded
20		through a federal Department of Energy grant before
21		December 31, 2010 and shall support the creation of
22		Illinois coal mining coal-mining jobs, or (iii) shall
23		use coal gasification or integrated
24		gasification-combined cycle units that generate
25		electricity or chemicals, or both, and shall support
26		the creation of Illinois coal mining coal-mining jobs.

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1		The term "placed in service" has the same meaning as
2		described in subsection (h) of Section 201 of the
3		Illinois Income Tax Act; or
4		(B-5) the business intends to establish a new
5		gasification facility at a designated location in
6		Illinois. As used in this Section, "new gasification
7		facility" means a newly constructed coal gasification
8		facility that generates chemical feedstocks or
9		transportation fuels derived from coal (which may
10		include, but are not limited to, methane, methanol,
11		and nitrogen fertilizer), that supports the creation
12		or retention of Illinois coal mining coal-mining jobs,
13		and that qualifies for financial assistance from the
14		Department before December 31, 2010. A new
15		gasification facility does not include a pilot project
16		located within Jefferson County or within a county
17		adjacent to Jefferson County for synthetic natural gas
18		from coal; or
19		(C) the business intends to establish production
20		operations at a new coal mine, re-establish production
21		operations at a closed coal mine, or expand production
22		at an existing coal mine at a designated location in
23		Illinois not sooner than July 1, 2001; provided that
24		the production operations result in the creation of
25		150 new Illinois coal mining jobs as described in
26		subdivision (a)(3)(B) of this Section, and further

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1		provided that the coal extracted from such mine is
2		utilized as the predominant source for a new electric
3		generating facility. The term "placed in service" has
4		the same meaning as described in subsection (h) of
5		Section 201 of the Illinois Income Tax Act; or
6		(D) the business intends to construct new
7		transmission facilities or upgrade existing
8		transmission facilities at designated locations in
9		Illinois, for which construction commenced not sooner
10		than July 1, 2001. For the purposes of this Section,
11		"transmission facilities" means transmission lines
12		with a voltage rating of 115 kilovolts or above,
13		including associated equipment, that transfer
14		electricity from points of supply to points of
15		delivery and that transmit a majority of the
16		electricity generated by a new electric generating
17		facility designated as a High Impact Business in
18		accordance with this Section. The term "placed in
19		service" has the same meaning as described in
20		subsection (h) of Section 201 of the Illinois Income
21		Tax Act; or
22		(E) the business intends to establish a new wind
23		power facility at a designated location in Illinois.
24		For purposes of this Section, "new wind power
25		facility" means a newly constructed electric
26		generation facility, a newly constructed expansion of

HB4844 Engrossed - 206 - LRB103 39009 AMC 69146 b
1		an existing electric generation facility, or the
2		replacement of an existing electric generation
3		facility, including the demolition and removal of an
4		electric generation facility irrespective of whether
5		it will be replaced, placed in service or replaced on
6		or after July 1, 2009, that generates electricity
7		using wind energy devices, and such facility shall be
8		deemed to include any permanent structures associated
9		with the electric generation facility and all
10		associated transmission lines, substations, and other
11		equipment related to the generation of electricity
12		from wind energy devices. For purposes of this
13		Section, "wind energy device" means any device, with a
14		nameplate capacity of at least 0.5 megawatts, that is
15		used in the process of converting kinetic energy from
16		the wind to generate electricity; or
17		(E-5) the business intends to establish a new
18		utility-scale solar facility at a designated location
19		in Illinois. For purposes of this Section, "new
20		utility-scale solar power facility" means a newly
21		constructed electric generation facility, or a newly
22		constructed expansion of an existing electric
23		generation facility, placed in service on or after
24		July 1, 2021, that (i) generates electricity using
25		photovoltaic cells and (ii) has a nameplate capacity
26		that is greater than 5,000 kilowatts, and such

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1		facility shall be deemed to include all associated
2		transmission lines, substations, energy storage
3		facilities, and other equipment related to the
4		generation and storage of electricity from
5		photovoltaic cells; or
6		(F) the business commits to (i) make a minimum
7		investment of $500,000,000, which will be placed in
8		service in a qualified property, (ii) create 125
9		full-time equivalent jobs at a designated location in
10		Illinois, (iii) establish a fertilizer plant at a
11		designated location in Illinois that complies with the
12		set-back standards as described in Table 1: Initial
13		Isolation and Protective Action Distances in the 2012
14		Emergency Response Guidebook published by the United
15		States Department of Transportation, (iv) pay a
16		prevailing wage for employees at that location who are
17		engaged in construction activities, and (v) secure an
18		appropriate level of general liability insurance to
19		protect against catastrophic failure of the fertilizer
20		plant or any of its constituent systems; in addition,
21		the business must agree to enter into a construction
22		project labor agreement including provisions
23		establishing wages, benefits, and other compensation
24		for employees performing work under the project labor
25		agreement at that location; for the purposes of this
26		Section, "fertilizer plant" means a newly constructed

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1		or upgraded plant utilizing gas used in the production
2		of anhydrous ammonia and downstream nitrogen
3		fertilizer products for resale; for the purposes of
4		this Section, "prevailing wage" means the hourly cash
5		wages plus fringe benefits for training and
6		apprenticeship programs approved by the U.S.
7		Department of Labor, Bureau of Apprenticeship and
8		Training, health and welfare, insurance, vacations and
9		pensions paid generally, in the locality in which the
10		work is being performed, to employees engaged in work
11		of a similar character on public works; this paragraph
12		(F) applies only to businesses that submit an
13		application to the Department within 60 days after
14		July 25, 2013 (the effective date of Public Act
15		98-109); or
16		(G) the business intends to establish a new
17		cultured cell material food production facility at a
18		designated location in Illinois. As used in this
19		paragraph (G):
20		"Cultured cell material food production facility"
21		means a facility (i) at which cultured animal cell
22		food is developed using animal cell culture
23		technology, (ii) at which production processes occur
24		that include the establishment of cell lines and cell
25		banks, manufacturing controls, and all components and
26		inputs, and (iii) that complies with all existing

HB4844 Engrossed - 209 - LRB103 39009 AMC 69146 b
1		registrations, inspections, licensing, and approvals
2		from all applicable and participating State and
3		federal food agencies, including the Department of
4		Agriculture, the Department of Public Health, and the
5		United States Food and Drug Administration, to ensure
6		that all food production is safe and lawful under
7		provisions of the Federal Food, Drug and Cosmetic Act
8		related to the development, production, and storage of
9		cultured animal cell food.
10		"New cultured cell material food production
11		facility" means a newly constructed cultured cell
12		material food production facility that is placed in
13		service on or after June 7, 2023 (the effective date of
14		Public Act 103-9) this amendatory Act of the 103rd
15		General Assembly or a newly constructed expansion of
16		an existing cultured cell material food production
17		facility, in a controlled environment, when the
18		improvements are placed in service on or after June 7,
19		2023 (the effective date of Public Act 103-9) this
20		amendatory Act of the 103rd General Assembly; or and
21		(H) (G) the business is an existing or planned
22		grocery store, as that term is defined in Section 5 of
23		the Grocery Initiative Act, and receives financial
24		support under that Act within the 10 years before
25		submitting its application under this Act; and
26		(4) no later than 90 days after an application is

HB4844 Engrossed - 210 - LRB103 39009 AMC 69146 b
1		submitted, the Department shall notify the applicant of
2		the Department's determination of the qualification of the
3		proposed High Impact Business under this Section.
4		(b) Businesses designated as High Impact Businesses
5		pursuant to subdivision (a)(3)(A) of this Section shall
6		qualify for the credits and exemptions described in the
7		following Acts: Section 9-222 and Section 9-222.1A of the
8		Public Utilities Act, subsection (h) of Section 201 of the
9		Illinois Income Tax Act, and Section 1d of the Retailers'
10		Occupation Tax Act; provided that these credits and exemptions
11		described in these Acts shall not be authorized until the
12		minimum investments set forth in subdivision (a)(3)(A) of this
13		Section have been placed in service in qualified properties
14		and, in the case of the exemptions described in the Public
15		Utilities Act and Section 1d of the Retailers' Occupation Tax
16		Act, the minimum full-time equivalent jobs or full-time
17		retained jobs set forth in subdivision (a)(3)(A) of this
18		Section have been created or retained. Businesses designated
19		as High Impact Businesses under this Section shall also
20		qualify for the exemption described in Section 5l of the
21		Retailers' Occupation Tax Act. The credit provided in
22		subsection (h) of Section 201 of the Illinois Income Tax Act
23		shall be applicable to investments in qualified property as
24		set forth in subdivision (a)(3)(A) of this Section.
25		(b-5) Businesses designated as High Impact Businesses
26		pursuant to subdivisions (a)(3)(B), (a)(3)(B-5), (a)(3)(C),

HB4844 Engrossed - 211 - LRB103 39009 AMC 69146 b
1		(a)(3)(D), and (a)(3)(G), and (a)(3)(H) of this Section shall
2		qualify for the credits and exemptions described in the
3		following Acts: Section 51 of the Retailers' Occupation Tax
4		Act, Section 9-222 and Section 9-222.1A of the Public
5		Utilities Act, and subsection (h) of Section 201 of the
6		Illinois Income Tax Act; however, the credits and exemptions
7		authorized under Section 9-222 and Section 9-222.1A of the
8		Public Utilities Act, and subsection (h) of Section 201 of the
9		Illinois Income Tax Act shall not be authorized until the new
10		electric generating facility, the new gasification facility,
11		the new transmission facility, the new, expanded, or reopened
12		coal mine, or the new cultured cell material food production
13		facility, or the existing or planned grocery store is
14		operational, except that a new electric generating facility
15		whose primary fuel source is natural gas is eligible only for
16		the exemption under Section 5l of the Retailers' Occupation
17		Tax Act.
18		(b-6) Businesses designated as High Impact Businesses
19		pursuant to subdivision (a)(3)(E) or (a)(3)(E-5) of this
20		Section shall qualify for the exemptions described in Section
21		5l of the Retailers' Occupation Tax Act; any business so
22		designated as a High Impact Business being, for purposes of
23		this Section, a "Wind Energy Business".
24		(b-7) Beginning on January 1, 2021, businesses designated
25		as High Impact Businesses by the Department shall qualify for
26		the High Impact Business construction jobs credit under

HB4844 Engrossed - 212 - LRB103 39009 AMC 69146 b
1		subsection (h-5) of Section 201 of the Illinois Income Tax Act
2		if the business meets the criteria set forth in subsection (i)
3		of this Section. The total aggregate amount of credits awarded
4		under the Blue Collar Jobs Act (Article 20 of Public Act 101-9)
5		shall not exceed $20,000,000 in any State fiscal year.
6		(c) High Impact Businesses located in federally designated
7		foreign trade zones or sub-zones are also eligible for
8		additional credits, exemptions and deductions as described in
9		the following Acts: Section 9-221 and Section 9-222.1 of the
10		Public Utilities Act; and subsection (g) of Section 201, and
11		Section 203 of the Illinois Income Tax Act.
12		(d) Except for businesses contemplated under subdivision
13		(a)(3)(E), (a)(3)(E-5), or (a)(3)(G), or (a)(3)(H) of this
14		Section, existing Illinois businesses which apply for
15		designation as a High Impact Business must provide the
16		Department with the prospective plan for which 1,500 full-time
17		retained jobs would be eliminated in the event that the
18		business is not designated.
19		(e) Except for new businesses contemplated under
20		subdivision (a)(3)(E), or subdivision (a)(3)(G), or
21		subdivision (a)(3)(H) of this Section, new proposed facilities
22		which apply for designation as High Impact Business must
23		provide the Department with proof of alternative non-Illinois
24		sites which would receive the proposed investment and job
25		creation in the event that the business is not designated as a
26		High Impact Business.

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1		(f) Except for businesses contemplated under subdivision
2		(a)(3)(E), or subdivision (a)(3)(G), or subdivision (a)(3)(H)
3		of this Section, in the event that a business is designated a
4		High Impact Business and it is later determined after
5		reasonable notice and an opportunity for a hearing as provided
6		under the Illinois Administrative Procedure Act, that the
7		business would have placed in service in qualified property
8		the investments and created or retained the requisite number
9		of jobs without the benefits of the High Impact Business
10		designation, the Department shall be required to immediately
11		revoke the designation and notify the Director of the
12		Department of Revenue who shall begin proceedings to recover
13		all wrongfully exempted State taxes with interest. The
14		business shall also be ineligible for all State funded
15		Department programs for a period of 10 years.
16		(g) The Department shall revoke a High Impact Business
17		designation if the participating business fails to comply with
18		the terms and conditions of the designation.
19		(h) Prior to designating a business, the Department shall
20		provide the members of the General Assembly and Commission on
21		Government Forecasting and Accountability with a report
22		setting forth the terms and conditions of the designation and
23		guarantees that have been received by the Department in
24		relation to the proposed business being designated.
25		(i) High Impact Business construction jobs credit.
26		Beginning on January 1, 2021, a High Impact Business may

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1		receive a tax credit against the tax imposed under subsections
2		(a) and (b) of Section 201 of the Illinois Income Tax Act in an
3		amount equal to 50% of the amount of the incremental income tax
4		attributable to High Impact Business construction jobs credit
5		employees employed in the course of completing a High Impact
6		Business construction jobs project. However, the High Impact
7		Business construction jobs credit may equal 75% of the amount
8		of the incremental income tax attributable to High Impact
9		Business construction jobs credit employees if the High Impact
10		Business construction jobs credit project is located in an
11		underserved area.
12		The Department shall certify to the Department of Revenue:
13		(1) the identity of taxpayers that are eligible for the High
14		Impact Business construction jobs credit; and (2) the amount
15		of High Impact Business construction jobs credits that are
16		claimed pursuant to subsection (h-5) of Section 201 of the
17		Illinois Income Tax Act in each taxable year. Any business
18		entity that receives a High Impact Business construction jobs
19		credit shall maintain a certified payroll pursuant to
20		subsection (j) of this Section.
21		As used in this subsection (i):
22		"High Impact Business construction jobs credit" means an
23		amount equal to 50% (or 75% if the High Impact Business
24		construction project is located in an underserved area) of the
25		incremental income tax attributable to High Impact Business
26		construction job employees. The total aggregate amount of

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1		credits awarded under the Blue Collar Jobs Act (Article 20 of
2		Public Act 101-9) shall not exceed $20,000,000 in any State
3		fiscal year
4		"High Impact Business construction job employee" means a
5		laborer or worker who is employed by an Illinois contractor or
6		subcontractor in the actual construction work on the site of a
7		High Impact Business construction job project.
8		"High Impact Business construction jobs project" means
9		building a structure or building or making improvements of any
10		kind to real property, undertaken and commissioned by a
11		business that was designated as a High Impact Business by the
12		Department. The term "High Impact Business construction jobs
13		project" does not include the routine operation, routine
14		repair, or routine maintenance of existing structures,
15		buildings, or real property.
16		"Incremental income tax" means the total amount withheld
17		during the taxable year from the compensation of High Impact
18		Business construction job employees.
19		"Underserved area" means a geographic area that meets one
20		or more of the following conditions:
21		(1) the area has a poverty rate of at least 20%
22		according to the latest American Community Survey;
23		(2) 35% or more of the families with children in the
24		area are living below 130% of the poverty line, according
25		to the latest American Community Survey;
26		(3) at least 20% of the households in the area receive

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

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1		(F) the worker's gross and net wages paid in each
2		pay period;
3		(G) the worker's number of hours worked each day;
4		(H) the worker's starting and ending times of work
5		each day;
6		(I) the worker's hourly wage rate;
7		(J) the worker's hourly overtime wage rate;
8		(K) the worker's race and ethnicity; and
9		(L) the worker's gender;
10		(2) no later than the 15th day of each calendar month,
11		provide a certified payroll for the immediately preceding
12		month to the taxpayer in charge of the High Impact
13		Business construction jobs project; within 5 business days
14		after receiving the certified payroll, the taxpayer shall
15		file the certified payroll with the Department of Labor
16		and the Department of Commerce and Economic Opportunity; a
17		certified payroll must be filed for only those calendar
18		months during which construction on a High Impact Business
19		construction jobs project has occurred; the certified
20		payroll shall consist of a complete copy of the records
21		identified in paragraph (1) of this subsection (j), but
22		may exclude the starting and ending times of work each
23		day; the certified payroll shall be accompanied by a
24		statement signed by the contractor or subcontractor or an
25		officer, employee, or agent of the contractor or
26		subcontractor which avers that:

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1		(A) he or she has examined the certified payroll
2		records required to be submitted by the Act and such
3		records are true and accurate; and
4		(B) the contractor or subcontractor is aware that
5		filing a certified payroll that he or she knows to be
6		false is a Class A misdemeanor.
7		A general contractor is not prohibited from relying on a
8		certified payroll of a lower-tier subcontractor, provided the
9		general contractor does not knowingly rely upon a
10		subcontractor's false certification.
11		Any contractor or subcontractor subject to this
12		subsection, and any officer, employee, or agent of such
13		contractor or subcontractor whose duty as an officer,
14		employee, or agent it is to file a certified payroll under this
15		subsection, who willfully fails to file such a certified
16		payroll on or before the date such certified payroll is
17		required by this paragraph to be filed and any person who
18		willfully files a false certified payroll that is false as to
19		any material fact is in violation of this Act and guilty of a
20		Class A misdemeanor.
21		The taxpayer in charge of the project shall keep the
22		records submitted in accordance with this subsection on or
23		after June 5, 2019 (the effective date of Public Act 101-9) for
24		a period of 5 years from the date of the last payment for work
25		on a contract or subcontract for the High Impact Business
26		construction jobs project.

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1		The records submitted in accordance with this subsection
2		shall be considered public records, except an employee's
3		address, telephone number, and social security number, and
4		made available in accordance with the Freedom of Information
5		Act. The Department of Labor shall share the information with
6		the Department in order to comply with the awarding of a High
7		Impact Business construction jobs credit. A contractor,
8		subcontractor, or public body may retain records required
9		under this Section in paper or electronic format.
10		(k) Upon 7 business days' notice, each contractor and
11		subcontractor shall make available for inspection and copying
12		at a location within this State during reasonable hours, the
13		records identified in this subsection (j) to the taxpayer in
14		charge of the High Impact Business construction jobs project,
15		its officers and agents, the Director of the Department of
16		Labor and his or her deputies and agents, and to federal,
17		State, or local law enforcement agencies and prosecutors.
18		(l) The changes made to this Section by Public Act
19		102-1125 this amendatory Act of the 102nd General Assembly,
20		other than the changes in subsection (a), apply to High Impact
21		Businesses high impact businesses that submit applications on
22		or after February 3, 2023 (the effective date of Public Act
23		102-1125) this amendatory Act of the 102nd General Assembly.
24		(Source: P.A. 102-108, eff. 1-1-22; 102-558, eff. 8-20-21;
25		102-605, eff. 8-27-21; 102-662, eff. 9-15-21; 102-673, eff.
26		11-30-21; 102-813, eff. 5-13-22; 102-1125, eff. 2-3-23; 103-9,

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1		eff. 6-7-23; 103-561, eff. 1-1-24; revised 9-27-23.)
2		Section 85. The Department of Human Services Act is
3		amended by changing Sections 10-75 and 80-45 as follows:
4		(20 ILCS 1305/10-75)
5		Sec. 10-75. Homelessness supports in Illinois.
6		(a) The Office to Prevent and End Homelessness (Office) is
7		created within the Department of Human Services to facilitate
8		the implementation of a strategic plan and initiatives aimed
9		at decreasing homelessness and unnecessary
10		institutionalization in Illinois, improving health and human
11		services outcomes for people who experience homelessness, and
12		strengthening the safety nets that contribute to housing
13		stability. The Office shall be led by the State Homelessness
14		Chief Officer who shall report to the Secretary of the
15		Department. The Chief Officer shall also chair the Interagency
16		Task Force on Homelessness, co-chair the Community Advisory
17		Council on Homelessness, and lead the State's comprehensive
18		efforts related to homelessness prevention. The Chief Officer
19		shall serve as a policymaker and spokesperson on homelessness
20		prevention, including coordinating the multi-agency effort
21		through legislation, rules, and budgets and communicating with
22		the General Assembly and federal and local leaders on these
23		critical issues.
24		(b) The Interagency Task Force on Homelessness is created

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1		within the Department of Human Services to facilitate and
2		implement initiatives related to decreasing homelessness and
3		unnecessary institutionalization in this State, improve health
4		and human services outcomes for people who experience
5		homelessness, and strengthen the safety nets that contribute
6		to housing stability. The Task Force shall:
7		(1) Implement the State Plan which is aimed at
8		addressing homelessness and unnecessary
9		institutionalization with the goals of achieving
10		functional zero homelessness, improving health and human
11		services outcomes for people experiencing homelessness,
12		and strengthening the safety nets that contribute to
13		housing stability.
14		(2) Recommend policy, regulatory, and resource changes
15		necessary to accomplish goals and objectives laid out in
16		the State Plan.
17		(3) Serve within State government and in the State at
18		large as an advocate for people experiencing homelessness.
19		(4) Provide leadership for and collaborate with those
20		developing and implementing local plans to end
21		homelessness in Illinois, including, but not limited to,
22		the Community Advisory Council and its members.
23		(5) Recommend the resources needed for successful
24		implementation and oversee that implementation.
25		(6) Recommend and promote effective interagency
26		collaboration and system integration to converge related

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1		efforts, including coordination with the Illinois Youth
2		Homelessness Prevention Subcommittee, the Illinois
3		Commission on the Elimination of Poverty, and the Illinois
4		Commission to End Hunger on drafting policy
5		recommendations related to the intersection of
6		homelessness and poverty.
7		(7) Recommend needed policy, regulatory, and resource
8		distribution changes; make oversight recommendations that
9		will ensure accountability, results, and sustained
10		success; and develop specific proposals and
11		recommendations for action to provide to the Governor and
12		the General Assembly.
13		(c) (Blank).
14		(d) The Task Force may solicit feedback from stakeholders,
15		customers, and advocates to inform Task Force recommendations
16		as necessary.
17		(e) On or before December 1, 2024, and each year
18		thereafter, the Task Force shall submit a report to the
19		Governor and General Assembly regarding the Task Force's work
20		during the year prior, any new recommendations developed by
21		the Task Force, any recommendations made by the Community
22		Advisory Council on Homelessness, and any key outcomes and
23		measures related to homelessness.
24		(f) The Task Force shall include the following members
25		appointed by the Governor:
26		(1) The Chief Homelessness Officer, who shall serve as

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1		Chair.
2		(2) The Secretary of Human Services, or his or her
3		designee.
4		(3) The Executive Director of the Illinois Housing
5		Development Authority, or his or her designee.
6		(4) The Director of Healthcare and Family Services, or
7		his or her designee.
8		(5) The Superintendent of the State Board of
9		Education, or his or her designee.
10		(6) The Executive Director of the Board of Higher
11		Education, or his or her designee.
12		(7) The Executive Director of the Illinois Community
13		College Board, or his or her designee.
14		(8) The Director of Corrections, or his or her
15		designee.
16		(9) The Director of Veterans' Affairs, or his or her
17		designee.
18		(10) The Director of Children and Family Services, or
19		his or her designee.
20		(11) The Director of Public Health, or his or her
21		designee.
22		(12) The Director of Aging, or his or her designee.
23		(13) The Director of Juvenile Justice, or his or her
24		designee.
25		(14) The Director of Commerce and Economic
26		Opportunity, or his or her designee.

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1		(15) The Director of Employment Security, or his or
2		her designee.
3		(16) The Director of the Illinois State Police, or his
4		or her designee.
5		(17) The Executive Director of the Illinois Criminal
6		Justice Information Authority, or his or her designee.
7		(18) The Director of the Office of Management and
8		Budget, or his or her designee.
9		(g) The Task Force shall also include the following
10		members:
11		(1) One member appointed by the President of the
12		Senate.
13		(2) One member appointed by the Minority Leader of the
14		Senate.
15		(3) One member appointed by the Speaker of the House
16		of Representatives.
17		(4) One member appointed by the Minority Leader of the
18		House of Representatives.
19		(h) The Chair of the Task Force may appoint additional
20		representatives from State agencies as needed.
21		(i) The Task Force shall meet at the call of the chair, at
22		least 4 times per year. Members shall serve without
23		compensation.
24		(j) The Task Force may establish subcommittees to address
25		specific issues or populations and may collaborate with
26		individuals with relevant expertise who are not members of the

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1		Task Force to assist the subcommittee in carrying out its
2		duties.
3		(k) The Department of Human Services shall provide
4		administrative support to the Task Force.
5		(l) Nothing in this Act shall be construed to contravene
6		any federal or State law or regulation. Unless specifically
7		referenced in this Act, nothing in this Act shall affect or
8		alter the existing statutory powers of any State agency or be
9		construed as a reassignment or reorganization of any State
10		agency.
11		(m) Community Advisory Council. The Community Advisory
12		Council on Homelessness is created within the Department of
13		Human Services to make recommendations to the Interagency Task
14		Force on Homelessness regarding homelessness and unnecessary
15		institutionalization with the goals of achieving functional
16		zero homelessness, improving health and human services
17		outcomes for people experiencing homelessness and
18		strengthening the safety nets that contribute to housing
19		stability.
20		(1) The Advisory Council shall be co-chaired by the
21		Chief Homelessness Officer and a member of the Advisory
22		Council designated by the Governor. The Advisory Council
23		shall consist of all of the following members appointed by
24		the Governor. Members appointed to the Advisory Council
25		must reflect the racial, ethnic, and geographic diversity
26		of this State. The Chief may include any State agency

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1		staff that they deem necessary as ex officio, nonvoting
2		members of the Community Advisory Council.
3		(A) Three members with lived experience of
4		homelessness or housing insecurity, which may include,
5		but are not limited to, formerly incarcerated persons,
6		veterans, and youth (16 to 25 years old).
7		(B) One member representing individuals with
8		disabilities.
9		(C) Two members representing the philanthropic
10		private funding sector.
11		(D) One member representing a statewide behavioral
12		health advocacy organization.
13		(E) One member representing a statewide housing
14		advocacy organization.
15		(F) At least 2 members representing local
16		Continuums of Care.
17		(G) At least 3 members representing local units of
18		government (municipal, county, or township).
19		(H) One member representing an organization that
20		supports victims of domestic violence.
21		(I) A minimum of 4 members representing providers
22		of the homeless response system inclusive of, but not
23		limited to, emergency supportive housing, rapid
24		rehousing, permanent supportive housing, homeless
25		youth programs, and homeless prevention.
26		(J) Two members, who may or may not meet the

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1		qualification requirements for the other appointees.
2		The Advisory Council shall meet at least 4 times per year.
3		(2) Members shall serve without compensation, but
4		public members may be reimbursed for reasonable and
5		necessary travel expenses connected to Task Force
6		business. Persons with lived experience of homelessness
7		and housing insecurity, who are not otherwise compensated
8		by employers to attend the Community Advisory Council,
9		shall receive compensation for each quarterly Council
10		meeting attended.
11		(3) The meetings of the Advisory Council shall be
12		conducted in accordance with the provisions of Section 2
13		of the Open Meetings Act. The Department of Human Services
14		shall provide staff and administrative support to assist
15		the Advisory Council in carrying out its duties.
16		(4) Nothing in this Act shall be construed to
17		contravene any federal or State law or regulation. Unless
18		specifically referenced in this Act, nothing in this Act
19		shall affect or alter the existing statutory powers of any
20		State agency or be construed as a reassignment or
21		reorganization of any State agency.
22		(5) On or before November 15, 2023, and each year
23		thereafter, the Advisory Council shall submit
24		recommendations to the Interagency Task Force on
25		Homelessness.
26		(Source: P.A. 103-269, eff. 7-26-23; revised 1-20-24.)

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1		(20 ILCS 1305/80-45)
2		Sec. 80-45. Funding agent and administration.
3		(a) The Department shall act as funding agent under the
4		terms of the Illinois Affordable Housing Act and shall
5		administer other appropriations for the use of the Illinois
6		Housing Development Authority.
7		(b) The Department may enter into contracts,
8		intergovernmental agreements, grants, cooperative agreements,
9		memoranda of understanding, or other instruments with any
10		federal, State, or local government agency as necessary to
11		fulfill its role as funding agent in compliance with State and
12		federal law. The Department and the Department of Revenue
13		shall coordinate, in consultation with the Illinois Housing
14		Development Authority, the transition of the funding agent
15		role, including the transfer of any and all books, records, or
16		documents, in whatever form stored, necessary to the
17		Department's execution of the duties of the funding agent, and
18		the Department may submit to the Governor's Office of
19		Management and Budget requests for exception pursuant to
20		Section 55 of the Grant Accountability and Transparency Act.
21		Notwithstanding Section 5 of the Illinois Grant Funds Recovery
22		Act, for State fiscal years 2023 and 2024 only, in order to
23		accomplish the transition of the funding agent role to the
24		Department, grant funds may be made available for expenditure
25		by a grantee for a period of 3 years from the date the funds

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1		were distributed by the State.
2		(Source: P.A. 103-8, eff. 7-1-23; revised 9-25-23.)
3		Section 90. The Department of Innovation and Technology
4		Act is amended by changing Section 1-80 as follows:
5		(20 ILCS 1370/1-80)
6		Sec. 1-80. Generative AI and Natural Language Processing
7		Task Force.
8		(a) As used in this Section, "Task Force" means the
9		Generative AI and Natural Language Processing Task Force
10		established by this Section.
11		(b) The Department shall establish the Generative AI and
12		Natural Language Processing Task Force. The Task Force shall
13		investigate and provide a report on generative artificial
14		intelligence software and natural language processing
15		software.
16		(c) The Task Force shall be composed of all of the
17		following members:
18		(1) One member appointed by the Speaker of the House
19		of Representatives, who shall serve as a co-chairperson.
20		(2) One member appointed by the Minority Leader of the
21		House of Representatives.
22		(3) One member appointed by the President of the
23		Senate, who shall serve as a co-chairperson.
24		(4) One member appointed by the Minority Leader of the

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1		Senate.
2		(5) The Secretary of the Department of Innovation and
3		Technology or his or her designee.
4		(6) The State Superintendent of Education or his or
5		her designee.
6		(7) The Executive Director of the Illinois Community
7		College Board or his or her designee.
8		(8) The Executive Director of the Board of Higher
9		Education or his or her designee.
10		(9) Two teachers recommended by a statewide
11		association representing teachers, appointed by the
12		Governor.
13		(10) Two principals recommended by a statewide
14		principals association, appointed by the Governor.
15		(11) Two experts on cybersecurity, appointed by the
16		Governor.
17		(12) Two experts on artificial intelligence, appointed
18		by the Governor.
19		(13) Two members of statewide business associations,
20		appointed by the Governor.
21		(14) The Statewide Chief Information Security Officer
22		or his or her designee.
23		(15) Two members of statewide labor associations,
24		appointed by the Governor.
25		(16) The Attorney General or his or her designee.
26		(d) The Task Force shall hold at least 5 public meetings in

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1		a hybrid format, with both virtual and in-person options to
2		attend. Of those required 5 meetings, one shall be held in each
3		of the following locations:
4		(1) Chicago;
5		(2) Springfield;
6		(3) the Metro East region;
7		(4) the Quad Cities region; and
8		(5) Southern Illinois.
9		(e) The responsibilities of the Task Force shall include
10		all of the following:
11		(1) recommending legislation or regulations to protect
12		consumer information as it relates to generative
13		artificial intelligence;
14		(2) recommending model policies for schools to address
15		the use of generative artificial intelligence by students
16		in the classroom;
17		(3) assessing the use of generative artificial
18		intelligence to improve delivery of public services;
19		(4) (5) protecting civil rights and civil liberties of
20		individuals and consumers as it relates to generative
21		artificial intelligence;
22		(5) (6) assessing the use of generative artificial
23		intelligence in the workforce and how this could affect
24		employment levels, types of employment, and the deployment
25		of workers;
26		(6) (7) assessing the challenges of generative

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1		artificial intelligence for cybersecurity; and
2		(7) (8) other topics related to generative artificial
3		intelligence software and natural language processing
4		software that may arise from testimony or reports to the
5		Task Force submitted by its members or the public.
6		(f) The Department shall provide administrative and
7		technical support to the Task Force.
8		(g) The Task Force shall file a report by December 31, 2024
9		with the Governor and the General Assembly covering the Task
10		Force's investigation into generative artificial intelligence
11		software and natural language processing software and the Task
12		Force's responsibilities under subsection (e).
13		(Source: P.A. 103-451, eff. 8-4-23; revised 11-1-23.)
14		Section 95. The Department of Insurance Law of the Civil
15		Administrative Code of Illinois is amended by setting forth
16		and renumbering multiple versions of Section 1405-50 as
17		follows:
18		(20 ILCS 1405/1405-50)
19		Sec. 1405-50. Marketplace Director of the Illinois Health
20		Benefits Exchange. The Governor shall appoint, with the advice
21		and consent of the Senate, a person within the Department of
22		Insurance to serve as the Marketplace Director of the Illinois
23		Health Benefits Exchange. The Governor may make a temporary
24		appointment until the next meeting of the Senate. This person

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1		may be an existing employee with other duties. The Marketplace
2		Director shall receive an annual salary as set by the Governor
3		and shall be paid out of the appropriations to the Department.
4		The Marketplace Director shall not be subject to the Personnel
5		Code. The Marketplace Director, under the direction of the
6		Director, shall manage the operations and staff of the
7		Illinois Health Benefits Exchange to ensure optimal exchange
8		performance.
9		(Source: P.A. 103-103, eff. 6-27-23.)
10		(20 ILCS 1405/1405-51)
11		Sec. 1405-51 1405-50. Health insurance coverage,
12		affordability, and cost transparency annual report.
13		(a) On or before May 1, 2026, and each May 1 thereafter,
14		the Department of Insurance shall report to the Governor and
15		the General Assembly on health insurance coverage,
16		affordability, and cost trends, including:
17		(1) medical cost trends by major service category,
18		including prescription drugs;
19		(2) utilization patterns of services by major service
20		categories;
21		(3) impact of benefit changes, including essential
22		health benefits and non-essential health benefits;
23		(4) enrollment trends;
24		(5) demographic shifts;
25		(6) geographic factors and variations, including

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1		changes in provider availability;
2		(7) health care quality improvement initiatives;
3		(8) inflation and other factors impacting this State's
4		economic condition;
5		(9) the availability of financial assistance and tax
6		credits to pay for health insurance coverage for
7		individuals and small businesses;
8		(10) trends in out-of-pocket costs for consumers; and
9		(11) factors contributing to costs that are not
10		otherwise specified in paragraphs (1) through (10) of this
11		subsection.
12		(b) This report shall not attribute any information or
13		trend to a specific company and shall not disclose any
14		information otherwise considered confidential or proprietary.
15		(Source: P.A. 103-106, eff. 1-1-24; revised 12-19-23.)
16		Section 100. The Department of Professional Regulation Law
17		of the Civil Administrative Code of Illinois is amended by
18		changing Section 2105-15 and by setting forth and renumbering
19		multiple versions of Section 2105-370 as follows:
20		(20 ILCS 2105/2105-15)
21		Sec. 2105-15. General powers and duties.
22		(a) The Department has, subject to the provisions of the
23		Civil Administrative Code of Illinois, the following powers
24		and duties:

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1		(1) To authorize examinations in English to ascertain
2		the qualifications and fitness of applicants to exercise
3		the profession, trade, or occupation for which the
4		examination is held.
5		(2) To prescribe rules and regulations for a fair and
6		wholly impartial method of examination of candidates to
7		exercise the respective professions, trades, or
8		occupations.
9		(3) To pass upon the qualifications of applicants for
10		licenses, certificates, and authorities, whether by
11		examination, by reciprocity, or by endorsement.
12		(4) To prescribe rules and regulations defining, for
13		the respective professions, trades, and occupations, what
14		shall constitute a school, college, or university, or
15		department of a university, or other institution,
16		reputable and in good standing, and to determine the
17		reputability and good standing of a school, college, or
18		university, or department of a university, or other
19		institution, reputable and in good standing, by reference
20		to a compliance with those rules and regulations;
21		provided, that no school, college, or university, or
22		department of a university, or other institution that
23		refuses admittance to applicants solely on account of
24		race, color, creed, sex, sexual orientation, or national
25		origin shall be considered reputable and in good standing.
26		(5) To conduct hearings on proceedings to revoke,

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1		suspend, refuse to renew, place on probationary status, or
2		take other disciplinary action as authorized in any
3		licensing Act administered by the Department with regard
4		to licenses, certificates, or authorities of persons
5		exercising the respective professions, trades, or
6		occupations and to revoke, suspend, refuse to renew, place
7		on probationary status, or take other disciplinary action
8		as authorized in any licensing Act administered by the
9		Department with regard to those licenses, certificates, or
10		authorities.
11		The Department shall issue a monthly disciplinary
12		report.
13		The Department shall refuse to issue or renew a
14		license to, or shall suspend or revoke a license of, any
15		person who, after receiving notice, fails to comply with a
16		subpoena or warrant relating to a paternity or child
17		support proceeding. However, the Department may issue a
18		license or renewal upon compliance with the subpoena or
19		warrant.
20		The Department, without further process or hearings,
21		shall revoke, suspend, or deny any license or renewal
22		authorized by the Civil Administrative Code of Illinois to
23		a person who is certified by the Department of Healthcare
24		and Family Services (formerly Illinois Department of
25		Public Aid) as being more than 30 days delinquent in
26		complying with a child support order or who is certified

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1		by a court as being in violation of the Non-Support
2		Punishment Act for more than 60 days. The Department may,
3		however, issue a license or renewal if the person has
4		established a satisfactory repayment record as determined
5		by the Department of Healthcare and Family Services
6		(formerly Illinois Department of Public Aid) or if the
7		person is determined by the court to be in compliance with
8		the Non-Support Punishment Act. The Department may
9		implement this paragraph as added by Public Act 89-6
10		through the use of emergency rules in accordance with
11		Section 5-45 of the Illinois Administrative Procedure Act.
12		For purposes of the Illinois Administrative Procedure Act,
13		the adoption of rules to implement this paragraph shall be
14		considered an emergency and necessary for the public
15		interest, safety, and welfare.
16		(6) To transfer jurisdiction of any realty under the
17		control of the Department to any other department of the
18		State Government or to acquire or accept federal lands
19		when the transfer, acquisition, or acceptance is
20		advantageous to the State and is approved in writing by
21		the Governor.
22		(7) To formulate rules and regulations necessary for
23		the enforcement of any Act administered by the Department.
24		(8) To exchange with the Department of Healthcare and
25		Family Services information that may be necessary for the
26		enforcement of child support orders entered pursuant to

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1		the Illinois Public Aid Code, the Illinois Marriage and
2		Dissolution of Marriage Act, the Non-Support of Spouse and
3		Children Act, the Non-Support Punishment Act, the Revised
4		Uniform Reciprocal Enforcement of Support Act, the Uniform
5		Interstate Family Support Act, the Illinois Parentage Act
6		of 1984, or the Illinois Parentage Act of 2015.
7		Notwithstanding any provisions in this Code to the
8		contrary, the Department of Financial and Professional
9		Regulation shall not be liable under any federal or State
10		law to any person for any disclosure of information to the
11		Department of Healthcare and Family Services (formerly
12		Illinois Department of Public Aid) under this paragraph
13		(8) or for any other action taken in good faith to comply
14		with the requirements of this paragraph (8).
15		(8.3) To exchange information with the Department of
16		Human Rights regarding recommendations received under
17		paragraph (B) of Section 8-109 of the Illinois Human
18		Rights Act regarding a licensee or candidate for licensure
19		who has committed a civil rights violation that may lead
20		to the refusal, suspension, or revocation of a license
21		from the Department.
22		(8.5) To accept continuing education credit for
23		mandated reporter training on how to recognize and report
24		child abuse offered by the Department of Children and
25		Family Services and completed by any person who holds a
26		professional license issued by the Department and who is a

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1		mandated reporter under the Abused and Neglected Child
2		Reporting Act. The Department shall adopt any rules
3		necessary to implement this paragraph.
4		(9) To perform other duties prescribed by law.
5		(a-5) Except in cases involving delinquency in complying
6		with a child support order or violation of the Non-Support
7		Punishment Act and notwithstanding anything that may appear in
8		any individual licensing Act or administrative rule, no person
9		or entity whose license, certificate, or authority has been
10		revoked as authorized in any licensing Act administered by the
11		Department may apply for restoration of that license,
12		certification, or authority until 3 years after the effective
13		date of the revocation.
14		(b) (Blank).
15		(c) For the purpose of securing and preparing evidence,
16		and for the purchase of controlled substances, professional
17		services, and equipment necessary for enforcement activities,
18		recoupment of investigative costs, and other activities
19		directed at suppressing the misuse and abuse of controlled
20		substances, including those activities set forth in Sections
21		504 and 508 of the Illinois Controlled Substances Act, the
22		Director and agents appointed and authorized by the Director
23		may expend sums from the Professional Regulation Evidence Fund
24		that the Director deems necessary from the amounts
25		appropriated for that purpose. Those sums may be advanced to
26		the agent when the Director deems that procedure to be in the

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1		public interest. Sums for the purchase of controlled
2		substances, professional services, and equipment necessary for
3		enforcement activities and other activities as set forth in
4		this Section shall be advanced to the agent who is to make the
5		purchase from the Professional Regulation Evidence Fund on
6		vouchers signed by the Director. The Director and those agents
7		are authorized to maintain one or more commercial checking
8		accounts with any State banking corporation or corporations
9		organized under or subject to the Illinois Banking Act for the
10		deposit and withdrawal of moneys to be used for the purposes
11		set forth in this Section; provided, that no check may be
12		written nor any withdrawal made from any such account except
13		upon the written signatures of 2 persons designated by the
14		Director to write those checks and make those withdrawals.
15		Vouchers for those expenditures must be signed by the
16		Director. All such expenditures shall be audited by the
17		Director, and the audit shall be submitted to the Department
18		of Central Management Services for approval.
19		(d) Whenever the Department is authorized or required by
20		law to consider some aspect of criminal history record
21		information for the purpose of carrying out its statutory
22		powers and responsibilities, then, upon request and payment of
23		fees in conformance with the requirements of Section 2605-400
24		of the Illinois State Police Law, the Illinois State Police is
25		authorized to furnish, pursuant to positive identification,
26		the information contained in State files that is necessary to

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1		fulfill the request.
2		(e) The provisions of this Section do not apply to private
3		business and vocational schools as defined by Section 15 of
4		the Private Business and Vocational Schools Act of 2012.
5		(f) (Blank).
6		(f-5) Notwithstanding anything that may appear in any
7		individual licensing statute or administrative rule, the
8		Department shall allow an applicant to provide his or her
9		individual taxpayer identification number as an alternative to
10		providing a social security number when applying for a
11		license.
12		(g) Notwithstanding anything that may appear in any
13		individual licensing statute or administrative rule, the
14		Department shall deny any license application or renewal
15		authorized under any licensing Act administered by the
16		Department to any person who has failed to file a return, or to
17		pay the tax, penalty, or interest shown in a filed return, or
18		to pay any final assessment of tax, penalty, or interest, as
19		required by any tax Act administered by the Illinois
20		Department of Revenue, until such time as the requirement of
21		any such tax Act are satisfied; however, the Department may
22		issue a license or renewal if the person has established a
23		satisfactory repayment record as determined by the Illinois
24		Department of Revenue. For the purpose of this Section,
25		"satisfactory repayment record" shall be defined by rule.
26		In addition, a complaint filed with the Department by the

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1		Illinois Department of Revenue that includes a certification,
2		signed by its Director or designee, attesting to the amount of
3		the unpaid tax liability or the years for which a return was
4		not filed, or both, is prima facie evidence of the licensee's
5		failure to comply with the tax laws administered by the
6		Illinois Department of Revenue. Upon receipt of that
7		certification, the Department shall, without a hearing,
8		immediately suspend all licenses held by the licensee.
9		Enforcement of the Department's order shall be stayed for 60
10		days. The Department shall provide notice of the suspension to
11		the licensee by mailing a copy of the Department's order to the
12		licensee's address of record or emailing a copy of the order to
13		the licensee's email address of record. The notice shall
14		advise the licensee that the suspension shall be effective 60
15		days after the issuance of the Department's order unless the
16		Department receives, from the licensee, a request for a
17		hearing before the Department to dispute the matters contained
18		in the order.
19		Any suspension imposed under this subsection (g) shall be
20		terminated by the Department upon notification from the
21		Illinois Department of Revenue that the licensee is in
22		compliance with all tax laws administered by the Illinois
23		Department of Revenue.
24		The Department may promulgate rules for the administration
25		of this subsection (g).
26		(g-5) Notwithstanding anything that may appear in any

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1		individual licensing statute or administrative rule, the
2		Department shall refuse the issuance or renewal of a license
3		to, or suspend or revoke the license of, any individual,
4		corporation, partnership, or other business entity that has
5		been found by the Illinois Workers' Compensation Commission or
6		the Department of Insurance to have failed to (i) secure
7		workers' compensation obligations in the manner required by
8		subsections (a) and (b) of Section 4 of the Workers'
9		Compensation Act, (ii) pay in full a fine or penalty imposed
10		due to a failure to secure workers' compensation obligations
11		in the manner required by subsections (a) and (b) of Section 4
12		of the Workers' Compensation Act, or (iii) fulfill all
13		obligations assumed pursuant to a settlement reached with the
14		Illinois Workers' Compensation Commission or the Department of
15		Insurance relating to a failure to secure workers'
16		compensation obligations in the manner required by subsections
17		(a) and (b) of Section 4 of the Workers' Compensation Act. No
18		initial or renewal license shall be issued, and no suspended
19		license shall be reinstated, until such time that the
20		Department is notified by the Illinois Workers' Compensation
21		Commission or the Department of Insurance that the licensee's
22		or applicant's failure to comply with subsections (a) and (b)
23		of Section 4 of the Workers' Compensation Act has been
24		corrected or otherwise resolved to satisfaction of the
25		Illinois Workers' Compensation Commission or the Department of
26		Insurance.

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1		In addition, a complaint filed with the Department by the
2		Illinois Workers' Compensation Commission or the Department of
3		Insurance that includes a certification, signed by its
4		Director or Chairman, or the Director or Chairman's designee,
5		attesting to a finding of the failure to secure workers'
6		compensation obligations in the manner required by subsections
7		(a) and (b) of Section 4 of the Workers' Compensation Act or
8		the failure to pay any fines or penalties or to discharge any
9		obligation under a settlement relating to the failure to
10		secure workers' compensation obligations in the manner
11		required by subsections (a) and (b) of Section 4 of the
12		Workers' Compensation Act is prima facie evidence of the
13		licensee's or applicant's failure to comply with subsections
14		(a) and (b) of Section 4 of the Workers' Compensation Act. Upon
15		receipt of that certification, the Department shall, without a
16		hearing, immediately suspend all licenses held by the licensee
17		or the processing of any application from the applicant.
18		Enforcement of the Department's order shall be stayed for 60
19		days. The Department shall provide notice of the suspension to
20		the licensee by mailing a copy of the Department's order to the
21		licensee's address of record or emailing a copy of the order to
22		the licensee's email address of record. The notice shall
23		advise the licensee that the suspension shall be effective 60
24		days after the issuance of the Department's order unless the
25		Department receives from the licensee or applicant a request
26		for a hearing before the Department to dispute the matters

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1		contained in the order.
2		Any suspension imposed under this subsection shall be
3		terminated by the Department upon notification from the
4		Illinois Workers' Compensation Commission or the Department of
5		Insurance that the licensee's or applicant's failure to comply
6		with subsections (a) and (b) of Section 4 of the Workers'
7		Compensation Act has been corrected or otherwise resolved to
8		the satisfaction of the Illinois Workers' Compensation
9		Commission Commissions or the Department of Insurance.
10		No license shall be suspended or revoked until after the
11		licensee is afforded any due process protection guaranteed by
12		statute or rule adopted by the Illinois Workers' Compensation
13		Commission or the Department of Insurance.
14		The Department may adopt rules for the administration of
15		this subsection.
16		(h) The Department may grant the title "Retired", to be
17		used immediately adjacent to the title of a profession
18		regulated by the Department, to eligible retirees. For
19		individuals licensed under the Medical Practice Act of 1987,
20		the title "Retired" may be used in the profile required by the
21		Patients' Right to Know Act. The use of the title "Retired"
22		shall not constitute representation of current licensure,
23		registration, or certification. Any person without an active
24		license, registration, or certificate in a profession that
25		requires licensure, registration, or certification shall not
26		be permitted to practice that profession.

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1		(i) The Department shall make available on its website
2		general information explaining how the Department utilizes
3		criminal history information in making licensure application
4		decisions, including a list of enumerated offenses that serve
5		as a statutory bar to licensure.
6		(Source: P.A. 102-538, eff. 8-20-21; 103-26, eff. 1-1-24;
7		revised 1-2-24.)
8		(20 ILCS 2105/2105-368)
9		(This Section may contain text from a Public Act with a
10		delayed effective date)
11		Sec. 2105-368 2105-370. Data on applications. In
12		conjunction with applications for licensure, the Department
13		shall request, and applicants may voluntarily provide,
14		demographic information that includes sex, ethnicity, race,
15		and disability. On or before March 1 of each calendar year, the
16		Department shall publish a report on the Department's website
17		that contains the demographic information it collected the
18		preceding calendar year, the number of applications for
19		licensure and renewal of licensure it received in the
20		preceding calendar year, and the number of applicants who were
21		denied licensure in the preceding calendar year regardless of
22		whether application was made in that calendar year.
23		(Source: P.A. 103-522, eff. 1-1-25; revised 9-25-23.)
24		(20 ILCS 2105/2105-370)

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1		(This Section may contain text from a Public Act with a
2		delayed effective date)
3		Sec. 2105-370. Continuing education; cultural competency.
4		(a) As used in this Section:
5		"Cultural competency" means a set of integrated attitudes,
6		knowledge, and skills that enables a health care professional
7		or organization to care effectively for patients from diverse
8		cultures, groups, and communities.
9		"Health care professional" means a person licensed or
10		registered by the Department under the following Acts: the
11		Medical Practice Act of 1987, the Nurse Practice Act, the
12		Clinical Psychologist Licensing Act, the Illinois Optometric
13		Practice Act of 1987, the Illinois Physical Therapy Act, the
14		Pharmacy Practice Act, the Physician Assistant Practice Act of
15		1987, the Clinical Social Work and Social Work Practice Act,
16		the Nursing Home Administrators Licensing and Disciplinary
17		Act, the Illinois Occupational Therapy Practice Act, the
18		Podiatric Medical Practice Act of 1987, the Respiratory Care
19		Practice Act, the Professional Counselor and Clinical
20		Professional Counselor Licensing and Practice Act, the
21		Illinois Speech-Language Pathology and Audiology Practice Act,
22		the Illinois Dental Practice Act, the Illinois Dental Practice
23		Act, or the Behavior Analyst Licensing Act.
24		(b) For health care professional license or registration
25		renewals occurring on or after January 1, 2025, a health care
26		professional who has continuing education requirements must

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1		complete at least a one-hour course in training on cultural
2		competency. A health care professional may count this one hour
3		for completion of this course toward meeting the minimum
4		credit hours required for continuing education.
5		(c) The Department may adopt rules for the implementation
6		of this Section.
7		(Source: P.A. 103-531, eff. 1-1-25.)
8		Section 105. The Department of Public Health Powers and
9		Duties Law of the Civil Administrative Code of Illinois is
10		amended by changing Section 2310-130 and by setting forth and
11		renumbering multiple versions of Section 2310-720 as follows:
12		(20 ILCS 2310/2310-130)
13		Sec. 2310-130. Long term care surveyors; surveyor
14		development unit. Long Term Care Monitor/Receiver Beginning
15		July 1, 2011, the Department shall employ a minimum of one
16		surveyor for every 500 licensed long term care beds. Beginning
17		July 1, 2012, the Department shall employ a minimum of one
18		surveyor for every 400 licensed long term care beds. Beginning
19		July 1, 2013, the Department shall employ a minimum of one
20		surveyor for every 300 licensed long term care beds.
21		The Department shall establish a surveyor development unit
22		funded from money deposited in the Long Term Care
23		Monitor/Receiver Fund.
24		(Source: P.A. 103-127, eff. 1-1-24; 103-363, eff. 7-28-23;

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1		revised 12-12-23.)
2		(20 ILCS 2310/2310-720)
3		Sec. 2310-720. Pilot program with municipalities that
4		employ a certified plumbing inspector. The Department shall
5		create a pilot program to allow the Department to enter into an
6		agreement with a municipality that employs a State of Illinois
7		certified plumbing inspector to do inspections on behalf of
8		the Department and submit appropriate documentation as
9		requested to verify the inspections were completed to the
10		standards required by the Department and outlined in the
11		partnership.
12		(Source: P.A. 103-321, eff. 1-1-24.)
13		(20 ILCS 2310/2310-725)
14		Sec. 2310-725 2310-720. Public educational effort on
15		mental health and wellness. Subject to appropriation, the
16		Department shall undertake a public educational campaign to
17		bring broad public awareness to communities across this State
18		on the importance of mental health and wellness, including the
19		expanded coverage of mental health treatment, and consistent
20		with the recommendations of the Illinois Children's Mental
21		Health Partnership's Children's Mental Health Plan of 2022 and
22		Public Act 102-899. The Department shall look to other
23		successful public educational campaigns to guide this effort,
24		such as the public educational campaign related to Get Covered

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1		Illinois. Additionally, the Department shall work with the
2		Department of Insurance, the Illinois State Board of
3		Education, the Department of Human Services, the Department of
4		Healthcare and Family Services, the Department of Juvenile
5		Justice, the Department of Children and Family Services, and
6		other State agencies as necessary to promote consistency in
7		messaging and distribution methods between this campaign and
8		other concurrent public educational campaigns related to
9		mental health and mental wellness. Public messaging for this
10		campaign shall be simple, be easy to understand, and include
11		culturally competent messaging for different communities and
12		regions throughout this State.
13		(Source: P.A. 103-535, eff. 8-11-23; revised 9-25-23.)
14		Section 110. The Illinois State Police Law of the Civil
15		Administrative Code of Illinois is amended by changing Section
16		2605-52 as follows:
17		(20 ILCS 2605/2605-52)
18		Sec. 2605-52. Division of Statewide 9-1-1.
19		(a) There shall be established an Office of the Statewide
20		9-1-1 Administrator within the Division of Statewide 9-1-1.
21		Beginning January 1, 2016, the Office of the Statewide 9-1-1
22		Administrator shall be responsible for developing,
23		implementing, and overseeing a uniform statewide 9-1-1 system
24		for all areas of the State outside of municipalities having a

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1		population over 500,000.
2		(b) The Governor shall appoint, with the advice and
3		consent of the Senate, a Statewide 9-1-1 Administrator. The
4		Administrator shall serve for a term of 2 years, and until a
5		successor is appointed and qualified; except that the term of
6		the first 9-1-1 Administrator appointed under this Act shall
7		expire on the third Monday in January, 2017. The Administrator
8		shall not hold any other remunerative public office. The
9		Administrator shall receive an annual salary as set by the
10		Governor.
11		(c) The Illinois State Police, from appropriations made to
12		it for that purpose, shall make grants to 9-1-1 Authorities
13		for the purpose of defraying costs associated with 9-1-1
14		system consolidations awarded by the Administrator under
15		Section 15.4b of the Emergency Telephone System Act.
16		(d) The Division of Statewide 9-1-1 shall exercise the
17		rights, powers, and duties vested by law in the Illinois State
18		Police by the Illinois State Police Radio Act and shall
19		oversee the Illinois State Police radio network, including the
20		Illinois State Police Emergency Radio Network and Illinois
21		State Police's STARCOM21.
22		(e) The Division of Statewide 9-1-1 shall also conduct the
23		following communication activities:
24		(1) Acquire and operate one or more radio broadcasting
25		stations in the State to be used for police purposes.
26		(2) Operate a statewide communications network to

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1		gather and disseminate information for law enforcement
2		agencies.
3		(3) Undertake other communication activities that may
4		be required by law.
5		(4) Oversee Illinois State Police telecommunications.
6		(f) The Division of Statewide 9-1-1 shall oversee the
7		Illinois State Police fleet operations.
8		(Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24;
9		revised 1-2-24.)
10		Section 115. The Illinois State Police Act is amended by
11		changing Section 16 as follows:
12		(20 ILCS 2610/16) (from Ch. 121, par. 307.16)
13		Sec. 16. State policemen shall enforce the provisions of
14		the Illinois Vehicle Code, approved September 29, 1969, as
15		amended, and Article 9 of the "Illinois Highway Code" as
16		amended; and shall patrol the public highways and rural
17		districts to make arrests for violations of the provisions of
18		such Acts. They are conservators of the peace and as such have
19		all powers possessed by policemen in cities, and sheriffs,
20		except that they may exercise such powers anywhere in this
21		State. The State policemen shall cooperate with the police of
22		cities, villages, and incorporated towns, and with the police
23		officers of any county, in enforcing the laws of the State and
24		in making arrests and recovering property. They may be

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1		equipped with standardized and tested devices for weighing
2		motor vehicles and may stop and weigh, acting reasonably, or
3		cause to be weighed, any motor vehicle which appears to weigh
4		in excess of the weight permitted by law. It shall also be the
5		duty of the Illinois State Police to determine, whenever
6		possible, the person or persons or the causes responsible for
7		the breaking or destruction of any improved hard-surfaced
8		roadway; and to arrest all persons criminally responsible for
9		such breaking or destruction and bring them before the proper
10		officer for trial. The Illinois State Police shall divide the
11		State into zones, troops, or regions and assign each zone,
12		troop, or region to one or more policemen. No person employed
13		under this Act, however, shall serve or execute civil process,
14		except for process issued under the authority of the General
15		Assembly, or a committee or commission thereof vested with
16		subpoena powers when the county sheriff refuses or fails to
17		serve such process, and except for process allowed by statute
18		or issued under the authority of the Illinois Department of
19		Revenue.
20		(Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 6-9-23;
21		revised 9-25-23.)
22		Section 120. The Human Remains Protection Act is amended
23		by changing Section 13 as follows:
24		(20 ILCS 3440/13) (from Ch. 127, par. 2673)

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1		Sec. 13. Notification.
2		(a) If an undertaking will occur on property that the
3		property owner has been notified in writing by the Department
4		that the land is likely to contain human remains, unregistered
5		graves, grave markers, or grave artifacts, a permit shall be
6		obtained by the landowner from the Department.
7		(b) If human remains, unregistered graves, grave markers,
8		or grave artifacts that were unknown and were encountered by
9		any person, a permit shall be obtained from the Department
10		before any work on the undertaking may continue.
11		(c) The Department of Natural Resources shall adopt
12		administrative rules whereby permits shall be issued for the
13		avoidance, disturbance, or removal of human remains,
14		unregistered graves, grave markers, or grave artifacts, or a
15		combination of those activities. The Department may adopt
16		emergency rules in accordance with Sections 5-45 and 5-45.47
17		5-45.35 of the Illinois Administrative Procedure Act. The
18		adoption of emergency rules authorized by Sections 5-45 and
19		5-45.47 5-45.35 of the Illinois Administrative Procedure Act
20		and this paragraph is deemed to be necessary for the public
21		interest, safety, and welfare.
22		(d) Each permit shall specify all terms and conditions
23		under which the avoidance, removal, or disturbance of human
24		remains, grave artifacts, grave markers, or unregistered
25		graves shall be carried out. All costs accrued in the removal
26		of the aforementioned materials shall be borne by the permit

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1		applicant. Within 60 days of the completion of the
2		undertaking, the permit holder shall submit a report, on a
3		form provided by the Department, of the results to the
4		Department.
5		(Source: P.A. 103-446, eff. 8-4-23; revised 10-5-23.)
6		Section 125. The Illinois Power Agency Act is amended by
7		changing Section 1-56 as follows:
8		(20 ILCS 3855/1-56)
9		Sec. 1-56. Illinois Power Agency Renewable Energy
10		Resources Fund; Illinois Solar for All Program.
11		(a) The Illinois Power Agency Renewable Energy Resources
12		Fund is created as a special fund in the State treasury.
13		(b) The Illinois Power Agency Renewable Energy Resources
14		Fund shall be administered by the Agency as described in this
15		subsection (b), provided that the changes to this subsection
16		(b) made by Public Act 99-906 this amendatory Act of the 99th
17		General Assembly shall not interfere with existing contracts
18		under this Section.
19		(1) The Illinois Power Agency Renewable Energy
20		Resources Fund shall be used to purchase renewable energy
21		credits according to any approved procurement plan
22		developed by the Agency prior to June 1, 2017.
23		(2) The Illinois Power Agency Renewable Energy
24		Resources Fund shall also be used to create the Illinois

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1		Solar for All Program, which provides incentives for
2		low-income distributed generation and community solar
3		projects, and other associated approved expenditures. The
4		objectives of the Illinois Solar for All Program are to
5		bring photovoltaics to low-income communities in this
6		State in a manner that maximizes the development of new
7		photovoltaic generating facilities, to create a long-term,
8		low-income solar marketplace throughout this State, to
9		integrate, through interaction with stakeholders, with
10		existing energy efficiency initiatives, and to minimize
11		administrative costs. The Illinois Solar for All Program
12		shall be implemented in a manner that seeks to minimize
13		administrative costs, and maximize efficiencies and
14		synergies available through coordination with similar
15		initiatives, including the Adjustable Block program
16		described in subparagraphs (K) through (M) of paragraph
17		(1) of subsection (c) of Section 1-75, energy efficiency
18		programs, job training programs, and community action
19		agencies. The Agency shall strive to ensure that renewable
20		energy credits procured through the Illinois Solar for All
21		Program and each of its subprograms are purchased from
22		projects across the breadth of low-income and
23		environmental justice communities in Illinois, including
24		both urban and rural communities, are not concentrated in
25		a few communities, and do not exclude particular
26		low-income or environmental justice communities. The

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1		Agency shall include a description of its proposed
2		approach to the design, administration, implementation and
3		evaluation of the Illinois Solar for All Program, as part
4		of the long-term renewable resources procurement plan
5		authorized by subsection (c) of Section 1-75 of this Act,
6		and the program shall be designed to grow the low-income
7		solar market. The Agency or utility, as applicable, shall
8		purchase renewable energy credits from the (i)
9		photovoltaic distributed renewable energy generation
10		projects and (ii) community solar projects that are
11		procured under procurement processes authorized by the
12		long-term renewable resources procurement plans approved
13		by the Commission.
14		The Illinois Solar for All Program shall include the
15		program offerings described in subparagraphs (A) through
16		(E) of this paragraph (2), which the Agency shall
17		implement through contracts with third-party providers
18		and, subject to appropriation, pay the approximate amounts
19		identified using monies available in the Illinois Power
20		Agency Renewable Energy Resources Fund. Each contract that
21		provides for the installation of solar facilities shall
22		provide that the solar facilities will produce energy and
23		economic benefits, at a level determined by the Agency to
24		be reasonable, for the participating low-income low income
25		customers. The monies available in the Illinois Power
26		Agency Renewable Energy Resources Fund and not otherwise

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1		committed to contracts executed under subsection (i) of
2		this Section, as well as, in the case of the programs
3		described under subparagraphs (A) through (E) of this
4		paragraph (2), funding authorized pursuant to subparagraph
5		(O) of paragraph (1) of subsection (c) of Section 1-75 of
6		this Act, shall initially be allocated among the programs
7		described in this paragraph (2), as follows: 35% of these
8		funds shall be allocated to programs described in
9		subparagraphs (A) and (E) of this paragraph (2), 40% of
10		these funds shall be allocated to programs described in
11		subparagraph (B) of this paragraph (2), and 25% of these
12		funds shall be allocated to programs described in
13		subparagraph (C) of this paragraph (2). The allocation of
14		funds among subparagraphs (A), (B), (C), and (E) of this
15		paragraph (2) may be changed if the Agency, after
16		receiving input through a stakeholder process, determines
17		incentives in subparagraphs (A), (B), (C), or (E) of this
18		paragraph (2) have not been adequately subscribed to fully
19		utilize available Illinois Solar for All Program funds.
20		Contracts that will be paid with funds in the Illinois
21		Power Agency Renewable Energy Resources Fund shall be
22		executed by the Agency. Contracts that will be paid with
23		funds collected by an electric utility shall be executed
24		by the electric utility.
25		Contracts under the Illinois Solar for All Program
26		shall include an approach, as set forth in the long-term

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1		renewable resources procurement plans, to ensure the
2		wholesale market value of the energy is credited to
3		participating low-income customers or organizations and to
4		ensure tangible economic benefits flow directly to program
5		participants, except in the case of low-income
6		multi-family housing where the low-income customer does
7		not directly pay for energy. Priority shall be given to
8		projects that demonstrate meaningful involvement of
9		low-income community members in designing the initial
10		proposals. Acceptable proposals to implement projects must
11		demonstrate the applicant's ability to conduct initial
12		community outreach, education, and recruitment of
13		low-income participants in the community. Projects must
14		include job training opportunities if available, with the
15		specific level of trainee usage to be determined through
16		the Agency's long-term renewable resources procurement
17		plan, and the Illinois Solar for All Program Administrator
18		shall coordinate with the job training programs described
19		in paragraph (1) of subsection (a) of Section 16-108.12 of
20		the Public Utilities Act and in the Energy Transition Act.
21		The Agency shall make every effort to ensure that
22		small and emerging businesses, particularly those located
23		in low-income and environmental justice communities, are
24		able to participate in the Illinois Solar for All Program.
25		These efforts may include, but shall not be limited to,
26		proactive support from the program administrator,

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1		different or preferred access to subprograms and
2		administrator-identified customers or grassroots
3		education provider-identified customers, and different
4		incentive levels. The Agency shall report on progress and
5		barriers to participation of small and emerging businesses
6		in the Illinois Solar for All Program at least once a year.
7		The report shall be made available on the Agency's website
8		and, in years when the Agency is updating its long-term
9		renewable resources procurement plan, included in that
10		Plan.
11		(A) Low-income single-family and small multifamily
12		solar incentive. This program will provide incentives
13		to low-income customers, either directly or through
14		solar providers, to increase the participation of
15		low-income households in photovoltaic on-site
16		distributed generation at residential buildings
17		containing one to 4 units. Companies participating in
18		this program that install solar panels shall commit to
19		hiring job trainees for a portion of their low-income
20		installations, and an administrator shall facilitate
21		partnering the companies that install solar panels
22		with entities that provide solar panel installation
23		job training. It is a goal of this program that a
24		minimum of 25% of the incentives for this program be
25		allocated to projects located within environmental
26		justice communities. Contracts entered into under this

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1		paragraph may be entered into with an entity that will
2		develop and administer the program and shall also
3		include contracts for renewable energy credits from
4		the photovoltaic distributed generation that is the
5		subject of the program, as set forth in the long-term
6		renewable resources procurement plan. Additionally:
7		(i) The Agency shall reserve a portion of this
8		program for projects that promote energy
9		sovereignty through ownership of projects by
10		low-income households, not-for-profit
11		organizations providing services to low-income
12		households, affordable housing owners, community
13		cooperatives, or community-based limited liability
14		companies providing services to low-income
15		households. Projects that feature energy ownership
16		should ensure that local people have control of
17		the project and reap benefits from the project
18		over and above energy bill savings. The Agency may
19		consider the inclusion of projects that promote
20		ownership over time or that involve partial
21		project ownership by communities, as promoting
22		energy sovereignty. Incentives for projects that
23		promote energy sovereignty may be higher than
24		incentives for equivalent projects that do not
25		promote energy sovereignty under this same
26		program.

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1		(ii) Through its long-term renewable resources
2		procurement plan, the Agency shall consider
3		additional program and contract requirements to
4		ensure faithful compliance by applicants
5		benefiting from preferences for projects
6		designated to promote energy sovereignty. The
7		Agency shall make every effort to enable solar
8		providers already participating in the Adjustable
9		Block Program Block-Program under subparagraph (K)
10		of paragraph (1) of subsection (c) of Section 1-75
11		of this Act, and particularly solar providers
12		developing projects under item (i) of subparagraph
13		(K) of paragraph (1) of subsection (c) of Section
14		1-75 of this Act to easily participate in the
15		Low-Income Distributed Generation Incentive
16		program described under this subparagraph (A), and
17		vice versa. This effort may include, but shall not
18		be limited to, utilizing similar or the same
19		application systems and processes, similar or the
20		same forms and formats of communication, and
21		providing active outreach to companies
22		participating in one program but not the other.
23		The Agency shall report on efforts made to
24		encourage this cross-participation in its
25		long-term renewable resources procurement plan.
26		(B) Low-Income Community Solar Project Initiative.

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1		Incentives shall be offered to low-income customers,
2		either directly or through developers, to increase the
3		participation of low-income subscribers of community
4		solar projects. The developer of each project shall
5		identify its partnership with community stakeholders
6		regarding the location, development, and participation
7		in the project, provided that nothing shall preclude a
8		project from including an anchor tenant that does not
9		qualify as low-income. Companies participating in this
10		program that develop or install solar projects shall
11		commit to hiring job trainees for a portion of their
12		low-income installations, and an administrator shall
13		facilitate partnering the companies that install solar
14		projects with entities that provide solar installation
15		and related job training. It is a goal of this program
16		that a minimum of 25% of the incentives for this
17		program be allocated to community photovoltaic
18		projects in environmental justice communities. The
19		Agency shall reserve a portion of this program for
20		projects that promote energy sovereignty through
21		ownership of projects by low-income households,
22		not-for-profit organizations providing services to
23		low-income households, affordable housing owners, or
24		community-based limited liability companies providing
25		services to low-income households. Projects that
26		feature energy ownership should ensure that local

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1		people have control of the project and reap benefits
2		from the project over and above energy bill savings.
3		The Agency may consider the inclusion of projects that
4		promote ownership over time or that involve partial
5		project ownership by communities, as promoting energy
6		sovereignty. Incentives for projects that promote
7		energy sovereignty may be higher than incentives for
8		equivalent projects that do not promote energy
9		sovereignty under this same program. Contracts entered
10		into under this paragraph may be entered into with
11		developers and shall also include contracts for
12		renewable energy credits related to the program.
13		(C) Incentives for non-profits and public
14		facilities. Under this program funds shall be used to
15		support on-site photovoltaic distributed renewable
16		energy generation devices to serve the load associated
17		with not-for-profit customers and to support
18		photovoltaic distributed renewable energy generation
19		that uses photovoltaic technology to serve the load
20		associated with public sector customers taking service
21		at public buildings. Companies participating in this
22		program that develop or install solar projects shall
23		commit to hiring job trainees for a portion of their
24		low-income installations, and an administrator shall
25		facilitate partnering the companies that install solar
26		projects with entities that provide solar installation

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1		and related job training. Through its long-term
2		renewable resources procurement plan, the Agency shall
3		consider additional program and contract requirements
4		to ensure faithful compliance by applicants benefiting
5		from preferences for projects designated to promote
6		energy sovereignty. It is a goal of this program that
7		at least 25% of the incentives for this program be
8		allocated to projects located in environmental justice
9		communities. Contracts entered into under this
10		paragraph may be entered into with an entity that will
11		develop and administer the program or with developers
12		and shall also include contracts for renewable energy
13		credits related to the program.
14		(D) (Blank).
15		(E) Low-income large multifamily solar incentive.
16		This program shall provide incentives to low-income
17		customers, either directly or through solar providers,
18		to increase the participation of low-income households
19		in photovoltaic on-site distributed generation at
20		residential buildings with 5 or more units. Companies
21		participating in this program that develop or install
22		solar projects shall commit to hiring job trainees for
23		a portion of their low-income installations, and an
24		administrator shall facilitate partnering the
25		companies that install solar projects with entities
26		that provide solar installation and related job

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1		training. It is a goal of this program that a minimum
2		of 25% of the incentives for this program be allocated
3		to projects located within environmental justice
4		communities. The Agency shall reserve a portion of
5		this program for projects that promote energy
6		sovereignty through ownership of projects by
7		low-income households, not-for-profit organizations
8		providing services to low-income households,
9		affordable housing owners, or community-based limited
10		liability companies providing services to low-income
11		households. Projects that feature energy ownership
12		should ensure that local people have control of the
13		project and reap benefits from the project over and
14		above energy bill savings. The Agency may consider the
15		inclusion of projects that promote ownership over time
16		or that involve partial project ownership by
17		communities, as promoting energy sovereignty.
18		Incentives for projects that promote energy
19		sovereignty may be higher than incentives for
20		equivalent projects that do not promote energy
21		sovereignty under this same program.
22		The requirement that a qualified person, as defined in
23		paragraph (1) of subsection (i) of this Section, install
24		photovoltaic devices does not apply to the Illinois Solar
25		for All Program described in this subsection (b).
26		In addition to the programs outlined in paragraphs (A)

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1		through (E), the Agency and other parties may propose
2		additional programs through the Long-Term Renewable
3		Resources Procurement Plan developed and approved under
4		paragraph (5) of subsection (b) of Section 16-111.5 of the
5		Public Utilities Act. Additional programs may target
6		market segments not specified above and may also include
7		incentives targeted to increase the uptake of
8		nonphotovoltaic technologies by low-income customers,
9		including energy storage paired with photovoltaics, if the
10		Commission determines that the Illinois Solar for All
11		Program would provide greater benefits to the public
12		health and well-being of low-income residents through also
13		supporting that additional program versus supporting
14		programs already authorized.
15		(3) Costs associated with the Illinois Solar for All
16		Program and its components described in paragraph (2) of
17		this subsection (b), including, but not limited to, costs
18		associated with procuring experts, consultants, and the
19		program administrator referenced in this subsection (b)
20		and related incremental costs, costs related to income
21		verification and facilitating customer participation in
22		the program, and costs related to the evaluation of the
23		Illinois Solar for All Program, may be paid for using
24		monies in the Illinois Power Agency Renewable Energy
25		Resources Fund, and funds allocated pursuant to
26		subparagraph (O) of paragraph (1) of subsection (c) of

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1		Section 1-75, but the Agency or program administrator
2		shall strive to minimize costs in the implementation of
3		the program. The Agency or contracting electric utility
4		shall purchase renewable energy credits from generation
5		that is the subject of a contract under subparagraphs (A)
6		through (E) of paragraph (2) of this subsection (b), and
7		may pay for such renewable energy credits through an
8		upfront payment per installed kilowatt of nameplate
9		capacity paid once the device is interconnected at the
10		distribution system level of the interconnecting utility
11		and verified as energized. Payments for renewable energy
12		credits shall be in exchange for all renewable energy
13		credits generated by the system during the first 15 years
14		of operation and shall be structured to overcome barriers
15		to participation in the solar market by the low-income
16		community. The incentives provided for in this Section may
17		be implemented through the pricing of renewable energy
18		credits where the prices paid for the credits are higher
19		than the prices from programs offered under subsection (c)
20		of Section 1-75 of this Act to account for the additional
21		capital necessary to successfully access targeted market
22		segments. The Agency or contracting electric utility shall
23		retire any renewable energy credits purchased under this
24		program and the credits shall count toward towards the
25		obligation under subsection (c) of Section 1-75 of this
26		Act for the electric utility to which the project is

HB4844 Engrossed - 269 - LRB103 39009 AMC 69146 b
1		interconnected, if applicable.
2		The Agency shall direct that up to 5% of the funds
3		available under the Illinois Solar for All Program to
4		community-based groups and other qualifying organizations
5		to assist in community-driven education efforts related to
6		the Illinois Solar for All Program, including general
7		energy education, job training program outreach efforts,
8		and other activities deemed to be qualified by the Agency.
9		Grassroots education funding shall not be used to support
10		the marketing by solar project development firms and
11		organizations, unless such education provides equal
12		opportunities for all applicable firms and organizations.
13		(4) The Agency shall, consistent with the requirements
14		of this subsection (b), propose the Illinois Solar for All
15		Program terms, conditions, and requirements, including the
16		prices to be paid for renewable energy credits, and which
17		prices may be determined through a formula, through the
18		development, review, and approval of the Agency's
19		long-term renewable resources procurement plan described
20		in subsection (c) of Section 1-75 of this Act and Section
21		16-111.5 of the Public Utilities Act. In the course of the
22		Commission proceeding initiated to review and approve the
23		plan, including the Illinois Solar for All Program
24		proposed by the Agency, a party may propose an additional
25		low-income solar or solar incentive program, or
26		modifications to the programs proposed by the Agency, and

HB4844 Engrossed - 270 - LRB103 39009 AMC 69146 b
1		the Commission may approve an additional program, or
2		modifications to the Agency's proposed program, if the
3		additional or modified program more effectively maximizes
4		the benefits to low-income customers after taking into
5		account all relevant factors, including, but not limited
6		to, the extent to which a competitive market for
7		low-income solar has developed. Following the Commission's
8		approval of the Illinois Solar for All Program, the Agency
9		or a party may propose adjustments to the program terms,
10		conditions, and requirements, including the price offered
11		to new systems, to ensure the long-term viability and
12		success of the program. The Commission shall review and
13		approve any modifications to the program through the plan
14		revision process described in Section 16-111.5 of the
15		Public Utilities Act.
16		(5) The Agency shall issue a request for
17		qualifications for a third-party program administrator or
18		administrators to administer all or a portion of the
19		Illinois Solar for All Program. The third-party program
20		administrator shall be chosen through a competitive bid
21		process based on selection criteria and requirements
22		developed by the Agency, including, but not limited to,
23		experience in administering low-income energy programs and
24		overseeing statewide clean energy or energy efficiency
25		services. If the Agency retains a program administrator or
26		administrators to implement all or a portion of the

HB4844 Engrossed - 271 - LRB103 39009 AMC 69146 b
1		Illinois Solar for All Program, each administrator shall
2		periodically submit reports to the Agency and Commission
3		for each program that it administers, at appropriate
4		intervals to be identified by the Agency in its long-term
5		renewable resources procurement plan, provided that the
6		reporting interval is at least quarterly. The third-party
7		program administrator may be, but need not be, the same
8		administrator as for the Adjustable Block program
9		described in subparagraphs (K) through (M) of paragraph
10		(1) of subsection (c) of Section 1-75. The Agency, through
11		its long-term renewable resources procurement plan
12		approval process, shall also determine if individual
13		subprograms of the Illinois Solar for All Program are
14		better served by a different or separate Program
15		Administrator.
16		The third-party administrator's responsibilities
17		shall also include facilitating placement for graduates of
18		Illinois-based renewable energy-specific job training
19		programs, including the Clean Jobs Workforce Network
20		Program and the Illinois Climate Works Preapprenticeship
21		Program administered by the Department of Commerce and
22		Economic Opportunity and programs administered under
23		Section 16-108.12 of the Public Utilities Act. To increase
24		the uptake of trainees by participating firms, the
25		administrator shall also develop a web-based clearinghouse
26		for information available to both job training program

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1		graduates and firms participating, directly or indirectly,
2		in Illinois solar incentive programs. The program
3		administrator shall also coordinate its activities with
4		entities implementing electric and natural gas
5		income-qualified energy efficiency programs, including
6		customer referrals to and from such programs, and connect
7		prospective low-income solar customers with any existing
8		deferred maintenance programs where applicable.
9		(6) The long-term renewable resources procurement plan
10		shall also provide for an independent evaluation of the
11		Illinois Solar for All Program. At least every 2 years,
12		the Agency shall select an independent evaluator to review
13		and report on the Illinois Solar for All Program and the
14		performance of the third-party program administrator of
15		the Illinois Solar for All Program. The evaluation shall
16		be based on objective criteria developed through a public
17		stakeholder process. The process shall include feedback
18		and participation from Illinois Solar for All Program
19		stakeholders, including participants and organizations in
20		environmental justice and historically underserved
21		communities. The report shall include a summary of the
22		evaluation of the Illinois Solar for All Program based on
23		the stakeholder developed objective criteria. The report
24		shall include the number of projects installed; the total
25		installed capacity in kilowatts; the average cost per
26		kilowatt of installed capacity to the extent reasonably

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1		obtainable by the Agency; the number of jobs or job
2		opportunities created; economic, social, and environmental
3		benefits created; and the total administrative costs
4		expended by the Agency and program administrator to
5		implement and evaluate the program. The report shall be
6		delivered to the Commission and posted on the Agency's
7		website, and shall be used, as needed, to revise the
8		Illinois Solar for All Program. The Commission shall also
9		consider the results of the evaluation as part of its
10		review of the long-term renewable resources procurement
11		plan under subsection (c) of Section 1-75 of this Act.
12		(7) If additional funding for the programs described
13		in this subsection (b) is available under subsection (k)
14		of Section 16-108 of the Public Utilities Act, then the
15		Agency shall submit a procurement plan to the Commission
16		no later than September 1, 2018, that proposes how the
17		Agency will procure programs on behalf of the applicable
18		utility. After notice and hearing, the Commission shall
19		approve, or approve with modification, the plan no later
20		than November 1, 2018.
21		(8) As part of the development and update of the
22		long-term renewable resources procurement plan authorized
23		by subsection (c) of Section 1-75 of this Act, the Agency
24		shall plan for: (A) actions to refer customers from the
25		Illinois Solar for All Program to electric and natural gas
26		income-qualified energy efficiency programs, and vice

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1		versa, with the goal of increasing participation in both
2		of these programs; (B) effective procedures for data
3		sharing, as needed, to effectuate referrals between the
4		Illinois Solar for All Program and both electric and
5		natural gas income-qualified energy efficiency programs,
6		including sharing customer information directly with the
7		utilities, as needed and appropriate; and (C) efforts to
8		identify any existing deferred maintenance programs for
9		which prospective Solar for All Program customers may be
10		eligible and connect prospective customers for whom
11		deferred maintenance is or may be a barrier to solar
12		installation to those programs.
13		As used in this subsection (b), "low-income households"
14		means persons and families whose income does not exceed 80% of
15		area median income, adjusted for family size and revised every
16		5 years.
17		For the purposes of this subsection (b), the Agency shall
18		define "environmental justice community" based on the
19		methodologies and findings established by the Agency and the
20		Administrator for the Illinois Solar for All Program in its
21		initial long-term renewable resources procurement plan and as
22		updated by the Agency and the Administrator for the Illinois
23		Solar for All Program as part of the long-term renewable
24		resources procurement plan update.
25		(b-5) After the receipt of all payments required by
26		Section 16-115D of the Public Utilities Act, no additional

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1		funds shall be deposited into the Illinois Power Agency
2		Renewable Energy Resources Fund unless directed by order of
3		the Commission.
4		(b-10) After the receipt of all payments required by
5		Section 16-115D of the Public Utilities Act and payment in
6		full of all contracts executed by the Agency under subsections
7		(b) and (i) of this Section, if the balance of the Illinois
8		Power Agency Renewable Energy Resources Fund is under $5,000,
9		then the Fund shall be inoperative and any remaining funds and
10		any funds submitted to the Fund after that date, shall be
11		transferred to the Supplemental Low-Income Energy Assistance
12		Fund for use in the Low-Income Home Energy Assistance Program,
13		as authorized by the Energy Assistance Act.
14		(b-15) The prevailing wage requirements set forth in the
15		Prevailing Wage Act apply to each project that is undertaken
16		pursuant to one or more of the programs of incentives and
17		initiatives described in subsection (b) of this Section and
18		for which a project application is submitted to the program
19		after the effective date of this amendatory Act of the 103rd
20		General Assembly, except (i) projects that serve single-family
21		or multi-family residential buildings and (ii) projects with
22		an aggregate capacity of less than 100 kilowatts that serve
23		houses of worship. The Agency shall require verification that
24		all construction performed on a project by the renewable
25		energy credit delivery contract holder, its contractors, or
26		its subcontractors relating to the construction of the

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1		facility is performed by workers receiving an amount for that
2		work that is greater than or equal to the general prevailing
3		rate of wages as that term is defined in the Prevailing Wage
4		Act, and the Agency may adjust renewable energy credit prices
5		to account for increased labor costs.
6		In this subsection (b-15), "house of worship" has the
7		meaning given in subparagraph (Q) of paragraph (1) of
8		subsection (c) of Section 1-75.
9		(c) (Blank).
10		(d) (Blank).
11		(e) All renewable energy credits procured using monies
12		from the Illinois Power Agency Renewable Energy Resources Fund
13		shall be permanently retired.
14		(f) The selection of one or more third-party program
15		managers or administrators, the selection of the independent
16		evaluator, and the procurement processes described in this
17		Section are exempt from the requirements of the Illinois
18		Procurement Code, under Section 20-10 of that Code.
19		(g) All disbursements from the Illinois Power Agency
20		Renewable Energy Resources Fund shall be made only upon
21		warrants of the Comptroller drawn upon the Treasurer as
22		custodian of the Fund upon vouchers signed by the Director or
23		by the person or persons designated by the Director for that
24		purpose. The Comptroller is authorized to draw the warrant
25		upon vouchers so signed. The Treasurer shall accept all
26		warrants so signed and shall be released from liability for

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1		all payments made on those warrants.
2		(h) The Illinois Power Agency Renewable Energy Resources
3		Fund shall not be subject to sweeps, administrative charges,
4		or chargebacks, including, but not limited to, those
5		authorized under Section 8h of the State Finance Act, that
6		would in any way result in the transfer of any funds from this
7		Fund to any other fund of this State or in having any such
8		funds utilized for any purpose other than the express purposes
9		set forth in this Section.
10		(h-5) The Agency may assess fees to each bidder to recover
11		the costs incurred in connection with a procurement process
12		held under this Section. Fees collected from bidders shall be
13		deposited into the Renewable Energy Resources Fund.
14		(i) Supplemental procurement process.
15		(1) Within 90 days after June 30, 2014 (the effective
16		date of Public Act 98-672) this amendatory Act of the 98th
17		General Assembly, the Agency shall develop a one-time
18		supplemental procurement plan limited to the procurement
19		of renewable energy credits, if available, from new or
20		existing photovoltaics, including, but not limited to,
21		distributed photovoltaic generation. Nothing in this
22		subsection (i) requires procurement of wind generation
23		through the supplemental procurement.
24		Renewable energy credits procured from new
25		photovoltaics, including, but not limited to, distributed
26		photovoltaic generation, under this subsection (i) must be

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1		procured from devices installed by a qualified person. In
2		its supplemental procurement plan, the Agency shall
3		establish contractually enforceable mechanisms for
4		ensuring that the installation of new photovoltaics is
5		performed by a qualified person.
6		For the purposes of this paragraph (1), "qualified
7		person" means a person who performs installations of
8		photovoltaics, including, but not limited to, distributed
9		photovoltaic generation, and who: (A) has completed an
10		apprenticeship as a journeyman electrician from a United
11		States Department of Labor registered electrical
12		apprenticeship and training program and received a
13		certification of satisfactory completion; or (B) does not
14		currently meet the criteria under clause (A) of this
15		paragraph (1), but is enrolled in a United States
16		Department of Labor registered electrical apprenticeship
17		program, provided that the person is directly supervised
18		by a person who meets the criteria under clause (A) of this
19		paragraph (1); or (C) has obtained one of the following
20		credentials in addition to attesting to satisfactory
21		completion of at least 5 years or 8,000 hours of
22		documented hands-on electrical experience: (i) a North
23		American Board of Certified Energy Practitioners (NABCEP)
24		Installer Certificate for Solar PV; (ii) an Underwriters
25		Laboratories (UL) PV Systems Installer Certificate; (iii)
26		an Electronics Technicians Association, International

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1		(ETAI) Level 3 PV Installer Certificate; or (iv) an
2		Associate in Applied Science degree from an Illinois
3		Community College Board approved community college program
4		in renewable energy or a distributed generation
5		technology.
6		For the purposes of this paragraph (1), "directly
7		supervised" means that there is a qualified person who
8		meets the qualifications under clause (A) of this
9		paragraph (1) and who is available for supervision and
10		consultation regarding the work performed by persons under
11		clause (B) of this paragraph (1), including a final
12		inspection of the installation work that has been directly
13		supervised to ensure safety and conformity with applicable
14		codes.
15		For the purposes of this paragraph (1), "install"
16		means the major activities and actions required to
17		connect, in accordance with applicable building and
18		electrical codes, the conductors, connectors, and all
19		associated fittings, devices, power outlets, or
20		apparatuses mounted at the premises that are directly
21		involved in delivering energy to the premises' electrical
22		wiring from the photovoltaics, including, but not limited
23		to, to distributed photovoltaic generation.
24		The renewable energy credits procured pursuant to the
25		supplemental procurement plan shall be procured using up
26		to $30,000,000 from the Illinois Power Agency Renewable

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1		Energy Resources Fund. The Agency shall not plan to use
2		funds from the Illinois Power Agency Renewable Energy
3		Resources Fund in excess of the monies on deposit in such
4		fund or projected to be deposited into such fund. The
5		supplemental procurement plan shall ensure adequate,
6		reliable, affordable, efficient, and environmentally
7		sustainable renewable energy resources (including credits)
8		at the lowest total cost over time, taking into account
9		any benefits of price stability.
10		To the extent available, 50% of the renewable energy
11		credits procured from distributed renewable energy
12		generation shall come from devices of less than 25
13		kilowatts in nameplate capacity. Procurement of renewable
14		energy credits from distributed renewable energy
15		generation devices shall be done through multi-year
16		contracts of no less than 5 years. The Agency shall create
17		credit requirements for counterparties. In order to
18		minimize the administrative burden on contracting
19		entities, the Agency shall solicit the use of third
20		parties to aggregate distributed renewable energy. These
21		third parties shall enter into and administer contracts
22		with individual distributed renewable energy generation
23		device owners. An individual distributed renewable energy
24		generation device owner shall have the ability to measure
25		the output of his or her distributed renewable energy
26		generation device.

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1		In developing the supplemental procurement plan, the
2		Agency shall hold at least one workshop open to the public
3		within 90 days after June 30, 2014 (the effective date of
4		Public Act 98-672) this amendatory Act of the 98th General
5		Assembly and shall consider any comments made by
6		stakeholders or the public. Upon development of the
7		supplemental procurement plan within this 90-day period,
8		copies of the supplemental procurement plan shall be
9		posted and made publicly available on the Agency's and
10		Commission's websites. All interested parties shall have
11		14 days following the date of posting to provide comment
12		to the Agency on the supplemental procurement plan. All
13		comments submitted to the Agency shall be specific,
14		supported by data or other detailed analyses, and, if
15		objecting to all or a portion of the supplemental
16		procurement plan, accompanied by specific alternative
17		wording or proposals. All comments shall be posted on the
18		Agency's and Commission's websites. Within 14 days
19		following the end of the 14-day review period, the Agency
20		shall revise the supplemental procurement plan as
21		necessary based on the comments received and file its
22		revised supplemental procurement plan with the Commission
23		for approval.
24		(2) Within 5 days after the filing of the supplemental
25		procurement plan at the Commission, any person objecting
26		to the supplemental procurement plan shall file an

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1		objection with the Commission. Within 10 days after the
2		filing, the Commission shall determine whether a hearing
3		is necessary. The Commission shall enter its order
4		confirming or modifying the supplemental procurement plan
5		within 90 days after the filing of the supplemental
6		procurement plan by the Agency.
7		(3) The Commission shall approve the supplemental
8		procurement plan of renewable energy credits to be
9		procured from new or existing photovoltaics, including,
10		but not limited to, distributed photovoltaic generation,
11		if the Commission determines that it will ensure adequate,
12		reliable, affordable, efficient, and environmentally
13		sustainable electric service in the form of renewable
14		energy credits at the lowest total cost over time, taking
15		into account any benefits of price stability.
16		(4) The supplemental procurement process under this
17		subsection (i) shall include each of the following
18		components:
19		(A) Procurement administrator. The Agency may
20		retain a procurement administrator in the manner set
21		forth in item (2) of subsection (a) of Section 1-75 of
22		this Act to conduct the supplemental procurement or
23		may elect to use the same procurement administrator
24		administering the Agency's annual procurement under
25		Section 1-75.
26		(B) Procurement monitor. The procurement monitor

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1		retained by the Commission pursuant to Section
2		16-111.5 of the Public Utilities Act shall:
3		(i) monitor interactions among the procurement
4		administrator and bidders and suppliers;
5		(ii) monitor and report to the Commission on
6		the progress of the supplemental procurement
7		process;
8		(iii) provide an independent confidential
9		report to the Commission regarding the results of
10		the procurement events;
11		(iv) assess compliance with the procurement
12		plan approved by the Commission for the
13		supplemental procurement process;
14		(v) preserve the confidentiality of supplier
15		and bidding information in a manner consistent
16		with all applicable laws, rules, regulations, and
17		tariffs;
18		(vi) provide expert advice to the Commission
19		and consult with the procurement administrator
20		regarding issues related to procurement process
21		design, rules, protocols, and policy-related
22		matters;
23		(vii) consult with the procurement
24		administrator regarding the development and use of
25		benchmark criteria, standard form contracts,
26		credit policies, and bid documents; and

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1		(viii) perform, with respect to the
2		supplemental procurement process, any other
3		procurement monitor duties specifically delineated
4		within subsection (i) of this Section.
5		(C) Solicitation, prequalification
6		pre-qualification, and registration of bidders. The
7		procurement administrator shall disseminate
8		information to potential bidders to promote a
9		procurement event, notify potential bidders that the
10		procurement administrator may enter into a post-bid
11		price negotiation with bidders that meet the
12		applicable benchmarks, provide supply requirements,
13		and otherwise explain the competitive procurement
14		process. In addition to such other publication as the
15		procurement administrator determines is appropriate,
16		this information shall be posted on the Agency's and
17		the Commission's websites. The procurement
18		administrator shall also administer the
19		prequalification process, including evaluation of
20		credit worthiness, compliance with procurement rules,
21		and agreement to the standard form contract developed
22		pursuant to item (D) of this paragraph (4). The
23		procurement administrator shall then identify and
24		register bidders to participate in the procurement
25		event.
26		(D) Standard contract forms and credit terms and

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1		instruments. The procurement administrator, in
2		consultation with the Agency, the Commission, and
3		other interested parties and subject to Commission
4		oversight, shall develop and provide standard contract
5		forms for the supplier contracts that meet generally
6		accepted industry practices as well as include any
7		applicable State of Illinois terms and conditions that
8		are required for contracts entered into by an agency
9		of the State of Illinois. Standard credit terms and
10		instruments that meet generally accepted industry
11		practices shall be similarly developed. Contracts for
12		new photovoltaics shall include a provision attesting
13		that the supplier will use a qualified person for the
14		installation of the device pursuant to paragraph (1)
15		of subsection (i) of this Section. The procurement
16		administrator shall make available to the Commission
17		all written comments it receives on the contract
18		forms, credit terms, or instruments. If the
19		procurement administrator cannot reach agreement with
20		the parties as to the contract terms and conditions,
21		the procurement administrator must notify the
22		Commission of any disputed terms and the Commission
23		shall resolve the dispute. The terms of the contracts
24		shall not be subject to negotiation by winning
25		bidders, and the bidders must agree to the terms of the
26		contract in advance so that winning bids are selected

HB4844 Engrossed - 286 - LRB103 39009 AMC 69146 b
1		solely on the basis of price.
2		(E) Requests for proposals; competitive
3		procurement process. The procurement administrator
4		shall design and issue requests for proposals to
5		supply renewable energy credits in accordance with the
6		supplemental procurement plan, as approved by the
7		Commission. The requests for proposals shall set forth
8		a procedure for sealed, binding commitment bidding
9		with pay-as-bid settlement, and provision for
10		selection of bids on the basis of price, provided,
11		however, that no bid shall be accepted if it exceeds
12		the benchmark developed pursuant to item (F) of this
13		paragraph (4).
14		(F) Benchmarks. Benchmarks for each product to be
15		procured shall be developed by the procurement
16		administrator in consultation with Commission staff,
17		the Agency, and the procurement monitor for use in
18		this supplemental procurement.
19		(G) A plan for implementing contingencies in the
20		event of supplier default, Commission rejection of
21		results, or any other cause.
22		(5) Within 2 business days after opening the sealed
23		bids, the procurement administrator shall submit a
24		confidential report to the Commission. The report shall
25		contain the results of the bidding for each of the
26		products along with the procurement administrator's

HB4844 Engrossed - 287 - LRB103 39009 AMC 69146 b
1		recommendation for the acceptance and rejection of bids
2		based on the price benchmark criteria and other factors
3		observed in the process. The procurement monitor also
4		shall submit a confidential report to the Commission
5		within 2 business days after opening the sealed bids. The
6		report shall contain the procurement monitor's assessment
7		of bidder behavior in the process as well as an assessment
8		of the procurement administrator's compliance with the
9		procurement process and rules. The Commission shall review
10		the confidential reports submitted by the procurement
11		administrator and procurement monitor and shall accept or
12		reject the recommendations of the procurement
13		administrator within 2 business days after receipt of the
14		reports.
15		(6) Within 3 business days after the Commission
16		decision approving the results of a procurement event, the
17		Agency shall enter into binding contractual arrangements
18		with the winning suppliers using the standard form
19		contracts.
20		(7) The names of the successful bidders and the
21		average of the winning bid prices for each contract type
22		and for each contract term shall be made available to the
23		public within 2 days after the supplemental procurement
24		event. The Commission, the procurement monitor, the
25		procurement administrator, the Agency, and all
26		participants in the procurement process shall maintain the

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1		confidentiality of all other supplier and bidding
2		information in a manner consistent with all applicable
3		laws, rules, regulations, and tariffs. Confidential
4		information, including the confidential reports submitted
5		by the procurement administrator and procurement monitor
6		pursuant to this Section, shall not be made publicly
7		available and shall not be discoverable by any party in
8		any proceeding, absent a compelling demonstration of need,
9		nor shall those reports be admissible in any proceeding
10		other than one for law enforcement purposes.
11		(8) The supplemental procurement provided in this
12		subsection (i) shall not be subject to the requirements
13		and limitations of subsections (c) and (d) of this
14		Section.
15		(9) Expenses incurred in connection with the
16		procurement process held pursuant to this Section,
17		including, but not limited to, the cost of developing the
18		supplemental procurement plan, the procurement
19		administrator, procurement monitor, and the cost of the
20		retirement of renewable energy credits purchased pursuant
21		to the supplemental procurement shall be paid for from the
22		Illinois Power Agency Renewable Energy Resources Fund. The
23		Agency shall enter into an interagency agreement with the
24		Commission to reimburse the Commission for its costs
25		associated with the procurement monitor for the
26		supplemental procurement process.

HB4844 Engrossed - 289 - LRB103 39009 AMC 69146 b
1		(Source: P.A. 102-662, eff. 9-15-21; 103-188, eff. 6-30-23;
2		revised 9-20-23.)
3		Section 130. The Illinois Criminal Justice Information Act
4		is amended by changing Section 4 as follows:
5		(20 ILCS 3930/4) (from Ch. 38, par. 210-4)
6		Sec. 4. Illinois Criminal Justice Information Authority;
7		creation, membership, and meetings. There is created an
8		Illinois Criminal Justice Information Authority consisting of
9		25 members. The membership of the Authority shall consist of:
10		(1) the Illinois Attorney General or the Illinois
11		Attorney General's designee;
12		(2) the Director of Corrections or the Director's
13		designee;
14		(3) the Director of the Illinois State Police or the
15		Director's designee;
16		(4) the Director of Public Health or the Director's
17		designee;
18		(5) the Director of Children and Family Services or
19		the Director's designee;
20		(6) the Sheriff of Cook County or the Sheriff's
21		designee;
22		(7) the State's Attorney of Cook County or the State's
23		Attorney's designee;
24		(8) the clerk of the circuit court of Cook County or

HB4844 Engrossed - 290 - LRB103 39009 AMC 69146 b
1		the clerk's designee;
2		(9) the President of the Cook County Board of
3		Commissioners or the President's designee;
4		(10) the Superintendent of the Chicago Police
5		Department or the Superintendent's designee;
6		(11) the Director of the Office of the State's
7		Attorneys Appellate Prosecutor or the Director's designee;
8		(12) the Executive Director of the Illinois Law
9		Enforcement Training Standards Board or the Executive
10		Director's designee;
11		(13) the State Appellate Defender or the State
12		Appellate Defender's designee;
13		(14) the Public Defender of Cook County or the Public
14		Defender's designee; and
15		(15) the following additional members, each of whom
16		shall be appointed by the Governor:
17		(A) a circuit court clerk;
18		(B) a sheriff;
19		(C) a State's Attorney of a county other than
20		Cook;
21		(D) a Public Defender of a county other than Cook;
22		(E) a chief of police; and
23		(F) 2 individuals who report having been
24		incarcerated; and ,
25		(G) (F) 4 members of the general public.
26		Members appointed on and after August 15, 2014 (the

HB4844 Engrossed - 291 - LRB103 39009 AMC 69146 b
1		effective date of Public Act 98-955) this amendatory Act of
2		the 98th General Assembly shall be confirmed by the Senate.
3		The Governor from time to time shall designate a Chairman
4		of the Authority from the membership. All members of the
5		Authority appointed by the Governor shall serve at the
6		pleasure of the Governor for a term not to exceed 4 years. The
7		initial appointed members of the Authority shall serve from
8		January, 1983 until the third Monday in January, 1987 or until
9		their successors are appointed.
10		The Authority shall meet at least quarterly, and all
11		meetings of the Authority shall be called by the Chairman.
12		(Source: P.A. 102-538, eff. 8-20-21; 102-1129, eff. 2-10-23;
13		103-276, eff. 7-28-23; revised 9-7-23.)
14		Section 132. The Illinois Workforce Innovation Board Act
15		is amended by changing the title of the Act as follows:
16		(20 ILCS 3975/Act title)
17		An Act to create the Illinois Workforce Innovation Board
18		Human Resource Investment Council.
19		Section 135. The Illinois State Auditing Act is amended by
20		changing Section 3-2.3 as follows:
21		(30 ILCS 5/3-2.3)
22		Sec. 3-2.3. Report on Chicago Transit Authority.

HB4844 Engrossed - 292 - LRB103 39009 AMC 69146 b
1		(a) No less than 60 days prior to the issuance of bonds or
2		notes by the Chicago Transit Authority (referred to as the
3		"Authority" in this Section) pursuant to Section 12c of the
4		Metropolitan Transit Authority Act, the following
5		documentation shall be submitted to the Auditor General and
6		the Regional Transportation Authority:
7		(1) Retirement Plan Documentation. The Authority shall
8		submit a certification that:
9		(A) it is legally authorized to issue the bonds or
10		notes;
11		(B) scheduled annual payments of principal and
12		interest on the bonds and notes to be issued meet the
13		requirements of Section 12c(b)(5) of the Metropolitan
14		Transit Authority Act;
15		(C) no bond or note shall mature later than
16		December 31, 2040;
17		(D) after payment of costs of issuance and
18		necessary deposits to funds and accounts established
19		with respect to debt service on the bonds or notes, the
20		net bond and note proceeds (exclusive of any proceeds
21		to be used to refund outstanding bonds or notes) will
22		be deposited in the Retirement Plan for Chicago
23		Transit Authority Employees and used only for the
24		purposes required by Section 22-101 of the Illinois
25		Pension Code; and
26		(E) it has entered into an intergovernmental

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1		agreement with the City of Chicago under which the
2		City of Chicago will provide financial assistance to
3		the Authority in an amount equal to the net receipts,
4		after fees for costs of collection, from a tax on the
5		privilege of transferring title to real estate in the
6		City of Chicago in an amount up to $1.50 per $500 of
7		value or fraction thereof under the provisions of
8		Section 8-3-19 of the Illinois Municipal Code, which
9		agreement shall be for a term expiring no earlier than
10		the final maturity of bonds or notes that it proposes
11		to issue under Section 12c of the Metropolitan Transit
12		Authority Act.
13		(2) The Board of Trustees of the Retirement Plan for
14		Chicago Transit Authority Employees shall submit a
15		certification that the Retirement Plan for Chicago Transit
16		Authority Employees is operating in accordance with all
17		applicable legal and contractual requirements, including
18		the following:
19		(A) the members of a new Board of Trustees have
20		been appointed according to the requirements of
21		Section 22-101(b) of the Illinois Pension Code; and
22		(B) contribution levels for employees and the
23		Authority have been established according to the
24		requirements of Section 22-101(d) of the Illinois
25		Pension Code.
26		(3) Actuarial Report. The Board of Trustees of the

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1		Retirement Plan for Chicago Transit Authority Employees
2		shall submit an actuarial report prepared by an enrolled
3		actuary setting forth:
4		(A) the method of valuation and the underlying
5		assumptions;
6		(B) a comparison of the debt service schedules of
7		the bonds or notes proposed to be issued to the
8		Retirement Plan's current unfunded actuarial accrued
9		liability amortization schedule, as required by
10		Section 22-101(e) of the Illinois Pension Code, using
11		the projected interest cost of the bond or note issue
12		as the discount rate to calculate the estimated net
13		present value savings;
14		(C) the amount of the estimated net present value
15		savings comparing the true interest cost of the bonds
16		or notes with the actuarial investment return
17		assumption of the Retirement Plan; and
18		(D) a certification that the net proceeds of the
19		bonds or notes, together with anticipated earnings on
20		contributions and deposits, will be sufficient to
21		reasonably conclude on an actuarial basis that the
22		total retirement assets of the Retirement Plan will
23		not be less than 90% of its liabilities by the end of
24		fiscal year 2059.
25		(4) The Authority shall submit a financial analysis
26		prepared by an independent advisor. The financial analysis

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1		must include a determination that the issuance of bonds is
2		in the best interest of the Retirement Plan for Chicago
3		Transit Authority Employees and the Chicago Transit
4		Authority. The independent advisor shall not act as
5		underwriter or receive a legal, consulting, or other fee
6		related to the issuance of any bond or notes issued by the
7		Authority pursuant to Section 12c of the Metropolitan
8		Transit Authority Act except compensation due for the
9		preparation of the financial analysis.
10		(5) Retiree Health Care Trust Documentation. The
11		Authority shall submit a certification that:
12		(A) it is legally authorized to issue the bonds or
13		notes;
14		(B) scheduled annual payments of principal and
15		interest on the bonds and notes to be issued meets the
16		requirements of Section 12c(b)(5) of the Metropolitan
17		Transit Authority Act;
18		(C) no bond or note shall mature later than
19		December 31, 2040;
20		(D) after payment of costs of issuance and
21		necessary deposits to funds and accounts established
22		with respect to debt service on the bonds or notes, the
23		net bond and note proceeds (exclusive of any proceeds
24		to be used to refund outstanding bonds or notes) will
25		be deposited in the Retiree Health Care Trust and used
26		only for the purposes required by Section 22-101B of

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1		the Illinois Pension Code; and
2		(E) it has entered into an intergovernmental
3		agreement with the City of Chicago under which the
4		City of Chicago will provide financial assistance to
5		the Authority in an amount equal to the net receipts,
6		after fees for costs of collection, from a tax on the
7		privilege of transferring title to real estate in the
8		City of Chicago in an amount up to $1.50 per $500 of
9		value or fraction thereof under the provisions of
10		Section 8-3-19 of the Illinois Municipal Code, which
11		agreement shall be for a term expiring no earlier than
12		the final maturity of bonds or notes that it proposes
13		to issue under Section 12c of the Metropolitan Transit
14		Authority Act.
15		(6) The Board of Trustees of the Retiree Health Care
16		Trust shall submit a certification that the Retiree Health
17		Care Trust has been established in accordance with all
18		applicable legal requirements, including the following:
19		(A) the Retiree Health Care Trust has been
20		established and a Trust document is in effect to
21		govern the Retiree Health Care Trust;
22		(B) the members of the Board of Trustees of the
23		Retiree Health Care Trust have been appointed
24		according to the requirements of Section 22-101B(b)(1)
25		of the Illinois Pension Code;
26		(C) a health care benefit program for eligible

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1		retirees and their dependents and survivors has been
2		established by the Board of Trustees according to the
3		requirements of Section 22-101B(b)(2) of the Illinois
4		Pension Code;
5		(D) contribution levels have been established for
6		retirees, dependents and survivors according to the
7		requirements of Section 22-101B(b)(5) of the Illinois
8		Pension Code; and
9		(E) contribution levels have been established for
10		employees of the Authority according to the
11		requirements of Section 22-101B(b)(6) of the Illinois
12		Pension Code.
13		(7) Actuarial Report. The Board of Trustees of the
14		Retiree Health Care Trust shall submit an actuarial report
15		prepared by an enrolled actuary setting forth:
16		(A) the method of valuation and the underlying
17		assumptions;
18		(B) a comparison of the projected interest cost of
19		the bonds or notes proposed to be issued with the
20		actuarial investment return assumption of the Retiree
21		Health Care Trust; and
22		(C) a certification that the net proceeds of the
23		bonds or notes, together with anticipated earnings on
24		contributions and deposits, will be sufficient to
25		adequately fund the actuarial present value of
26		projected benefits expected to be paid under the

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1		Retiree Health Care Trust, or a certification of the
2		increases in contribution levels and decreases in
3		benefit levels that would be required in order to cure
4		any funding shortfall over a period of not more than 10
5		years.
6		(8) The Authority shall submit a financial analysis
7		prepared by an independent advisor. The financial analysis
8		must include a determination that the issuance of bonds is
9		in the best interest of the Retiree Health Care Trust and
10		the Chicago Transit Authority. The independent advisor
11		shall not act as underwriter or receive a legal,
12		consulting, or other fee related to the issuance of any
13		bond or notes issued by the Authority pursuant to Section
14		12c of the Metropolitan Transit Authority Act except
15		compensation due for the preparation of the financial
16		analysis.
17		(b) The Auditor General shall examine the information
18		submitted pursuant to Section 3-2.3(a)(1) through (4) and
19		submit a report to the General Assembly, the Legislative Audit
20		Commission, the Governor, the Regional Transportation
21		Authority and the Authority indicating whether (i) the
22		required certifications by the Authority and the Board of
23		Trustees of the Retirement Plan have been made, and (ii) the
24		actuarial reports have been provided, the reports include all
25		required information, the assumptions underlying those reports
26		are not unreasonable in the aggregate, and the reports appear

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1		to comply with all pertinent professional standards, including
2		those issued by the Actuarial Standards Board. The Auditor
3		General shall submit such report no later than 60 days after
4		receiving the information required to be submitted by the
5		Authority and the Board of Trustees of the Retirement Plan.
6		Any bonds or notes issued by the Authority under item (1) of
7		subsection (b) of Section 12c of the Metropolitan Transit
8		Authority Act shall be issued within 120 days after receiving
9		such report from the Auditor General. The Authority may not
10		issue bonds or notes until it receives the report from the
11		Auditor General indicating the above requirements have been
12		met.
13		(c) The Auditor General shall examine the information
14		submitted pursuant to Section 3-2.3(a)(5) through (8) and
15		submit a report to the General Assembly, the Legislative Audit
16		Commission, the Governor, the Regional Transportation
17		Authority and the Authority indicating whether (i) the
18		required certifications by the Authority and the Board of
19		Trustees of the Retiree Health Care Trust have been made, and
20		(ii) the actuarial reports have been provided, the reports
21		include all required information, the assumptions underlying
22		those reports are not unreasonable in the aggregate, and the
23		reports appear to comply with all pertinent professional
24		standards, including those issued by the Actuarial Standards
25		Board. The Auditor General shall submit such report no later
26		than 60 days after receiving the information required to be

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1		submitted by the Authority and the Board of Trustees of the
2		Retiree Health Care Trust. Any bonds or notes issued by the
3		Authority under item (2) of subsection (b) of Section 12c of
4		the Metropolitan Transit Authority Act shall be issued within
5		120 days after receiving such report from the Auditor General.
6		The Authority may not issue bonds or notes until it receives a
7		report from the Auditor General indicating the above
8		requirements have been met.
9		(d) In fulfilling this duty, after receiving the
10		information submitted pursuant to Section 3-2.3(a), the
11		Auditor General may request additional information and support
12		pertaining to the data and conclusions contained in the
13		submitted documents and the Authority, the Board of Trustees
14		of the Retirement Plan and the Board of Trustees of the Retiree
15		Health Care Trust shall cooperate with the Auditor General and
16		provide additional information as requested in a timely
17		manner. The Auditor General may also request from the Regional
18		Transportation Authority an analysis of the information
19		submitted by the Authority relating to the sources of funds to
20		be utilized for payment of the proposed bonds or notes of the
21		Authority. The Auditor General's report shall not be in the
22		nature of a post-audit or examination and shall not lead to the
23		issuance of an opinion as that term is defined in generally
24		accepted government auditing standards.
25		(e) Annual Retirement Plan Submission to Auditor General.
26		The Board of Trustees of the Retirement Plan for Chicago

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1		Transit Authority Employees established by Section 22-101 of
2		the Illinois Pension Code shall provide the following
3		documents to the Auditor General annually no later than
4		September 30:
5		(1) the most recent audit or examination of the
6		Retirement Plan;
7		(2) an annual statement containing the information
8		specified in Section 1A-109 of the Illinois Pension Code;
9		and
10		(3) a complete actuarial statement applicable to the
11		prior plan year, which may be the annual report of an
12		enrolled actuary retained by the Retirement Plan specified
13		in Section 22-101(e) of the Illinois Pension Code.
14		The Auditor General shall annually examine the information
15		provided pursuant to this subsection and shall submit a report
16		of the analysis thereof to the General Assembly, including the
17		report specified in Section 22-101(e) of the Illinois Pension
18		Code.
19		(f) The Auditor General shall annually examine the
20		information submitted pursuant to Section 22-101B(b)(3)(iii)
21		of the Illinois Pension Code and shall prepare the
22		determination specified in Section 22-101B(b)(3)(iv) of the
23		Illinois Pension Code.
24		(g) In fulfilling the duties under Sections 3-2.3(e) and
25		(f), the Auditor General may request additional information
26		and support pertaining to the data and conclusions contained

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1		in the submitted documents, and the Authority, the Board of
2		Trustees of the Retirement Plan, and the Board of Trustees of
3		the Retiree Health Care Trust shall cooperate with the Auditor
4		General and provide additional information as requested in a
5		timely manner. The Auditor General's review shall not be in
6		the nature of a post-audit or examination and shall not lead to
7		the issuance of an opinion as that term is defined in generally
8		accepted government auditing standards. Upon request of the
9		Auditor General, the Commission on Government Forecasting and
10		Accountability and the Public Pension Division of the
11		Department of Insurance Illinois Department of Financial and
12		Professional Regulation shall cooperate with and assist the
13		Auditor General in the conduct of his review.
14		(h) The Auditor General shall submit a bill to the
15		Authority for costs associated with the examinations and
16		reports specified in subsections (b) and (c) of this Section
17		3-2.3, which the Authority shall reimburse in a timely manner.
18		The costs associated with the examinations and reports which
19		are reimbursed by the Authority shall constitute a cost of
20		issuance of the bonds or notes under Section 12c(b)(1) and (2)
21		of the Metropolitan Transit Authority Act. The amount received
22		shall be deposited into the fund or funds from which such costs
23		were paid by the Auditor General. The Auditor General shall
24		submit a bill to the Retirement Plan for Chicago Transit
25		Authority Employees for costs associated with the examinations
26		and reports specified in subsection (e) of this Section, which

HB4844 Engrossed - 303 - LRB103 39009 AMC 69146 b
1		the Retirement Plan for Chicago Transit Authority Employees
2		shall reimburse in a timely manner. The amount received shall
3		be deposited into the fund or funds from which such costs were
4		paid by the Auditor General. The Auditor General shall submit
5		a bill to the Retiree Health Care Trust for costs associated
6		with the determination specified in subsection (f) of this
7		Section, which the Retiree Health Care Trust shall reimburse
8		in a timely manner. The amount received shall be deposited
9		into the fund or funds from which such costs were paid by the
10		Auditor General.
11		(Source: P.A. 95-708, eff. 1-18-08; revised 9-20-23.)
12		Section 140. The State Finance Act is amended by setting
13		forth and renumbering multiple versions of Sections 5.990 and
14		5.991 and by changing Sections 6z-32, 6z-82, 8.3, and 12-2 as
15		follows:
16		(30 ILCS 105/5.990)
17		Sec. 5.990. The Public Defender Fund.
18		(Source: P.A. 102-1104, eff. 12-6-22.)
19		(30 ILCS 105/5.991)
20		Sec. 5.991. The Due Process for Youth and Families Fund.
21		(Source: P.A. 102-1115, eff. 1-9-23.)
22		(30 ILCS 105/5.993)

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1		Sec. 5.993 5.990. The Abortion Care Clinical Training
2		Program Fund.
3		(Source: P.A. 102-1117, eff. 1-13-23; revised 3-27-23.)
4		(30 ILCS 105/5.994)
5		Sec. 5.994 5.990. The Paid Leave for All Workers Fund.
6		(Source: P.A. 102-1143, eff. 1-1-24; revised 12-22-23.)
7		(30 ILCS 105/5.995)
8		Sec. 5.995 5.990. The Hate Crimes and Bias Incident
9		Prevention and Response Fund.
10		(Source: P.A. 102-1115, eff. 1-9-23; revised 9-7-23.)
11		(30 ILCS 105/5.996)
12		Sec. 5.996 5.990. The Imagination Library of Illinois
13		Fund.
14		(Source: P.A. 103-8, eff. 6-7-23; revised 9-7-23.)
15		(30 ILCS 105/5.997)
16		Sec. 5.997 5.990. The Illinois Bullying and Cyberbullying
17		Prevention Fund.
18		(Source: P.A. 103-47, eff. 6-9-23; revised 9-7-23.)
19		(30 ILCS 105/5.999)
20		Sec. 5.999 5.990. The Illinois Health Benefits Exchange
21		Fund.

HB4844 Engrossed - 305 - LRB103 39009 AMC 69146 b
1		(Source: P.A. 103-103, eff. 6-27-23; revised 9-7-23.)
2		(30 ILCS 105/5.1000)
3		Sec. 5.1000 5.990. The Tick Research, Education, and
4		Evaluation Fund.
5		(Source: P.A. 103-163, eff. 1-1-24; revised 9-22-23.)
6		(30 ILCS 105/5.1001)
7		Sec. 5.1001 5.990. The License to Read Fund.
8		(Source: P.A. 103-267, eff. 6-30-23; revised 9-22-23.)
9		(30 ILCS 105/5.1002)
10		Sec. 5.1002 5.990. The Outdoor Rx Program Fund.
11		(Source: P.A. 103-284, eff. 1-1-24; revised 9-22-23.)
12		(30 ILCS 105/5.1003)
13		Sec. 5.1003 5.990. The UNCF Scholarship Fund.
14		(Source: P.A. 103-381, eff. 7-28-23; revised 9-22-23.)
15		(30 ILCS 105/5.1004)
16		Sec. 5.1004 5.990. The Hunger-Free Campus Grant Fund.
17		(Source: P.A. 103-435, eff. 8-4-23; revised 9-22-23.)
18		(30 ILCS 105/5.1005)
19		Sec. 5.1005 5.990. The Repatriation and Reinterment Fund.
20		(Source: P.A. 103-446, eff. 8-4-23; revised 9-22-23.)

HB4844 Engrossed - 306 - LRB103 39009 AMC 69146 b
1		(30 ILCS 105/5.1006)
2		Sec. 5.1006 5.990. The Illinois Graduate and Retain Our
3		Workforce (iGROW) Tech Scholarship Fund.
4		(Source: P.A. 103-519, eff. 1-1-24; revised 9-22-23.)
5		(30 ILCS 105/5.1007)
6		(Section scheduled to be repealed on January 1, 2027)
7		Sec. 5.1007 5.990. The Antitrust Enforcement Fund. This
8		Section is repealed on January 1, 2027.
9		(Source: P.A. 103-526, eff. 1-1-24; revised 9-22-23.)
10		(30 ILCS 105/5.1008)
11		Sec. 5.1008 5.990. The MAP Refund Fund.
12		(Source: P.A. 103-536, eff. 8-11-23; revised 9-22-23.)
13		(30 ILCS 105/5.1009)
14		Sec. 5.1009 5.990. The Lyme Disease Awareness Fund.
15		(Source: P.A. 103-557, eff. 8-11-23; revised 9-22-23.)
16		(30 ILCS 105/5.1010)
17		Sec. 5.1010 5.991. The Industrial Biotechnology Human
18		Capital Fund.
19		(Source: P.A. 103-363, eff. 7-28-23; revised 9-22-23.)
20		(30 ILCS 105/5.1011)

HB4844 Engrossed - 307 - LRB103 39009 AMC 69146 b
1		Sec. 5.1011 5.991. The Illinois DREAM Fund.
2		(Source: P.A. 103-381, eff. 7-28-23; revised 9-22-23.)
3		(30 ILCS 105/6z-32)
4		Sec. 6z-32. Partners for Planning and Conservation.
5		(a) The Partners for Conservation Fund (formerly known as
6		the Conservation 2000 Fund) and the Partners for Conservation
7		Projects Fund (formerly known as the Conservation 2000
8		Projects Fund) are created as special funds in the State
9		Treasury. These funds shall be used to establish a
10		comprehensive program to protect Illinois' natural resources
11		through cooperative partnerships between State government and
12		public and private landowners. Moneys in these Funds may be
13		used, subject to appropriation, by the Department of Natural
14		Resources, Environmental Protection Agency, and the Department
15		of Agriculture for purposes relating to natural resource
16		protection, planning, recreation, tourism, climate resilience,
17		and compatible agricultural and economic development
18		activities. Without limiting these general purposes, moneys in
19		these Funds may be used, subject to appropriation, for the
20		following specific purposes:
21		(1) To foster sustainable agriculture practices and
22		control soil erosion, sedimentation, and nutrient loss
23		from farmland, including grants to Soil and Water
24		Conservation Districts for conservation practice
25		cost-share grants and for personnel, educational, and

HB4844 Engrossed - 308 - LRB103 39009 AMC 69146 b
1		administrative expenses.
2		(2) To establish and protect a system of ecosystems in
3		public and private ownership through conservation
4		easements, incentives to public and private landowners,
5		natural resource restoration and preservation, water
6		quality protection and improvement, land use and watershed
7		planning, technical assistance and grants, and land
8		acquisition provided these mechanisms are all voluntary on
9		the part of the landowner and do not involve the use of
10		eminent domain.
11		(3) To develop a systematic and long-term program to
12		effectively measure and monitor natural resources and
13		ecological conditions through investments in technology
14		and involvement of scientific experts.
15		(4) To initiate strategies to enhance, use, and
16		maintain Illinois' inland lakes through education,
17		technical assistance, research, and financial incentives.
18		(5) To partner with private landowners and with units
19		of State, federal, and local government and with
20		not-for-profit organizations in order to integrate State
21		and federal programs with Illinois' natural resource
22		protection and restoration efforts and to meet
23		requirements to obtain federal and other funds for
24		conservation or protection of natural resources.
25		(6) To support the State's Nutrient Loss Reduction
26		Strategy, including, but not limited to, funding the

HB4844 Engrossed - 309 - LRB103 39009 AMC 69146 b
1		resources needed to support the Strategy's Policy Working
2		Group, cover water quality monitoring in support of
3		Strategy implementation, prepare a biennial report on the
4		progress made on the Strategy every 2 years, and provide
5		cost share funding for nutrient capture projects.
6		(7) To provide capacity grants to support soil and
7		water conservation districts, including, but not limited
8		to, developing soil health plans, conducting soil health
9		assessments, peer-to-peer training, convening
10		producer-led dialogues, professional memberships, lab
11		analysis, and and travel stipends for meetings and
12		educational events.
13		(8) To develop guidelines and local soil health
14		assessments for advancing soil health.
15		(b) The State Comptroller and State Treasurer shall
16		automatically transfer on the last day of each month,
17		beginning on September 30, 1995 and ending on June 30, 2024,
18		from the General Revenue Fund to the Partners for Conservation
19		Fund, an amount equal to 1/10 of the amount set forth below in
20		fiscal year 1996 and an amount equal to 1/12 of the amount set
21		forth below in each of the other specified fiscal years:
22 Fiscal Year Amount 23 1996 $ 3,500,000 24 1997 $ 9,000,000 25 1998 $10,000,000 26 1999 $11,000,000

HB4844 Engrossed - 310 - LRB103 39009 AMC 69146 b
1 2000 $12,500,000 2 2001 through 2004 $14,000,000 3 2005 $7,000,000 4 2006 $11,000,000 5 2007 $0 6 2008 through 2011 $14,000,000 7 2012 $12,200,000 8 2013 through 2017 $14,000,000 9 2018 $1,500,000 10 2019 $14,000,000 11 2020 $7,500,000 12 2021 through 2023 $14,000,000 13 2024 $18,000,000
14		(c) The State Comptroller and State Treasurer shall
15		automatically transfer on the last day of each month beginning
16		on July 31, 2021 and ending June 30, 2022, from the
17		Environmental Protection Permit and Inspection Fund to the
18		Partners for Conservation Fund, an amount equal to 1/12 of
19		$4,135,000.
20		(c-1) The State Comptroller and State Treasurer shall
21		automatically transfer on the last day of each month beginning
22		on July 31, 2022 and ending June 30, 2023, from the
23		Environmental Protection Permit and Inspection Fund to the
24		Partners for Conservation Fund, an amount equal to 1/12 of
25		$5,900,000.
26		(d) There shall be deposited into the Partners for

HB4844 Engrossed - 311 - LRB103 39009 AMC 69146 b
1		Conservation Projects Fund such bond proceeds and other moneys
2		as may, from time to time, be provided by law.
3		(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
4		103-8, eff. 6-7-23; 103-494, eff. 8-4-23; revised 9-7-23.)
5		(30 ILCS 105/6z-82)
6		Sec. 6z-82. State Police Operations Assistance Fund.
7		(a) There is created in the State treasury a special fund
8		known as the State Police Operations Assistance Fund. The Fund
9		shall receive revenue under the Criminal and Traffic
10		Assessment Act. The Fund may also receive revenue from grants,
11		donations, appropriations, and any other legal source.
12		(a-5) (Blank). This Fund may charge, collect, and receive
13		fees or moneys as described in Section 15-312 of the Illinois
14		Vehicle Code, and receive all fees received by the Illinois
15		State Police under that Section. The moneys shall be used by
16		the Illinois State Police for its expenses in providing police
17		escorts and commercial vehicle enforcement activities.
18		(b) The Illinois State Police may use moneys in the Fund to
19		finance any of its lawful purposes or functions.
20		(c) Expenditures may be made from the Fund only as
21		appropriated by the General Assembly by law.
22		(d) Investment income that is attributable to the
23		investment of moneys in the Fund shall be retained in the Fund
24		for the uses specified in this Section.
25		(e) The State Police Operations Assistance Fund shall not

HB4844 Engrossed - 312 - LRB103 39009 AMC 69146 b
1		be subject to administrative chargebacks.
2		(f) (Blank).
3		(g) (Blank).
4		(h) Notwithstanding any other provision of law, in
5		addition to any other transfers that may be provided by law, on
6		June 9, 2023 (the effective date of Public Act 103-34) this
7		amendatory Act of the 103rd General Assembly, or as soon
8		thereafter as practical, the State Comptroller shall direct
9		and the State Treasurer shall transfer the remaining balance
10		from the State Police Streetgang-Related Crime Fund to the
11		State Police Operations Assistance Fund. Upon completion of
12		the transfers, the State Police Streetgang-Related Crime Fund
13		is dissolved, and any future deposits into the State Police
14		Streetgang-Related Crime Fund and any outstanding obligations
15		or liabilities of the State Police Streetgang-Related Crime
16		Fund pass to the State Police Operations Assistance Fund.
17		(Source: P.A. 102-16, eff. 6-17-21; 102-505, eff. 8-20-21;
18		102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-34, eff.
19		6-9-23; 103-363, eff. 7-28-23; revised 9-7-23.)
20		(30 ILCS 105/8.3)
21		Sec. 8.3. Money in the Road Fund shall, if and when the
22		State of Illinois incurs any bonded indebtedness for the
23		construction of permanent highways, be set aside and used for
24		the purpose of paying and discharging annually the principal
25		and interest on that bonded indebtedness then due and payable,

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1		and for no other purpose. The surplus, if any, in the Road Fund
2		after the payment of principal and interest on that bonded
3		indebtedness then annually due shall be used as follows:
4		first -- to pay the cost of administration of Chapters
5		2 through 10 of the Illinois Vehicle Code, except the cost
6		of administration of Articles I and II of Chapter 3 of that
7		Code, and to pay the costs of the Executive Ethics
8		Commission for oversight and administration of the Chief
9		Procurement Officer appointed under paragraph (2) of
10		subsection (a) of Section 10-20 of the Illinois
11		Procurement Code for transportation; and
12		secondly -- for expenses of the Department of
13		Transportation for construction, reconstruction,
14		improvement, repair, maintenance, operation, and
15		administration of highways in accordance with the
16		provisions of laws relating thereto, or for any purpose
17		related or incident to and connected therewith, including
18		the separation of grades of those highways with railroads
19		and with highways and including the payment of awards made
20		by the Illinois Workers' Compensation Commission under the
21		terms of the Workers' Compensation Act or Workers'
22		Occupational Diseases Act for injury or death of an
23		employee of the Division of Highways in the Department of
24		Transportation; or for the acquisition of land and the
25		erection of buildings for highway purposes, including the
26		acquisition of highway right-of-way or for investigations

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1		to determine the reasonably anticipated future highway
2		needs; or for making of surveys, plans, specifications and
3		estimates for and in the construction and maintenance of
4		flight strips and of highways necessary to provide access
5		to military and naval reservations, to defense industries
6		and defense-industry sites, and to the sources of raw
7		materials and for replacing existing highways and highway
8		connections shut off from general public use at military
9		and naval reservations and defense-industry sites, or for
10		the purchase of right-of-way, except that the State shall
11		be reimbursed in full for any expense incurred in building
12		the flight strips; or for the operating and maintaining of
13		highway garages; or for patrolling and policing the public
14		highways and conserving the peace; or for the operating
15		expenses of the Department relating to the administration
16		of public transportation programs; or, during fiscal year
17		2023, for the purposes of a grant not to exceed $8,394,800
18		to the Regional Transportation Authority on behalf of PACE
19		for the purpose of ADA/Para-transit expenses; or, during
20		fiscal year 2024, for the purposes of a grant not to exceed
21		$9,108,400 to the Regional Transportation Authority on
22		behalf of PACE for the purpose of ADA/Para-transit
23		expenses; or for any of those purposes or any other
24		purpose that may be provided by law.
25		Appropriations for any of those purposes are payable from
26		the Road Fund. Appropriations may also be made from the Road

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1		Fund for the administrative expenses of any State agency that
2		are related to motor vehicles or arise from the use of motor
3		vehicles.
4		Beginning with fiscal year 1980 and thereafter, no Road
5		Fund monies shall be appropriated to the following Departments
6		or agencies of State government for administration, grants, or
7		operations; but this limitation is not a restriction upon
8		appropriating for those purposes any Road Fund monies that are
9		eligible for federal reimbursement:
10		1. Department of Public Health;
11		2. Department of Transportation, only with respect to
12		subsidies for one-half fare Student Transportation and
13		Reduced Fare for Elderly, except fiscal year 2023 when no
14		more than $17,570,000 may be expended and except fiscal
15		year 2024 when no more than $19,063,500 may be expended;
16		3. Department of Central Management Services, except
17		for expenditures incurred for group insurance premiums of
18		appropriate personnel;
19		4. Judicial Systems and Agencies.
20		Beginning with fiscal year 1981 and thereafter, no Road
21		Fund monies shall be appropriated to the following Departments
22		or agencies of State government for administration, grants, or
23		operations; but this limitation is not a restriction upon
24		appropriating for those purposes any Road Fund monies that are
25		eligible for federal reimbursement:
26		1. Illinois State Police, except for expenditures with

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1		respect to the Division of Patrol and Division of Criminal
2		Investigation;
3		2. Department of Transportation, only with respect to
4		Intercity Rail Subsidies, except fiscal year 2023 when no
5		more than $55,000,000 may be expended and except fiscal
6		year 2024 when no more than $60,000,000 may be expended,
7		and Rail Freight Services.
8		Beginning with fiscal year 1982 and thereafter, no Road
9		Fund monies shall be appropriated to the following Departments
10		or agencies of State government for administration, grants, or
11		operations; but this limitation is not a restriction upon
12		appropriating for those purposes any Road Fund monies that are
13		eligible for federal reimbursement: Department of Central
14		Management Services, except for awards made by the Illinois
15		Workers' Compensation Commission under the terms of the
16		Workers' Compensation Act or Workers' Occupational Diseases
17		Act for injury or death of an employee of the Division of
18		Highways in the Department of Transportation.
19		Beginning with fiscal year 1984 and thereafter, no Road
20		Fund monies shall be appropriated to the following Departments
21		or agencies of State government for administration, grants, or
22		operations; but this limitation is not a restriction upon
23		appropriating for those purposes any Road Fund monies that are
24		eligible for federal reimbursement:
25		1. Illinois State Police, except not more than 40% of
26		the funds appropriated for the Division of Patrol and

HB4844 Engrossed - 317 - LRB103 39009 AMC 69146 b
1		Division of Criminal Investigation;
2		2. State Officers.
3		Beginning with fiscal year 1984 and thereafter, no Road
4		Fund monies shall be appropriated to any Department or agency
5		of State government for administration, grants, or operations
6		except as provided hereafter; but this limitation is not a
7		restriction upon appropriating for those purposes any Road
8		Fund monies that are eligible for federal reimbursement. It
9		shall not be lawful to circumvent the above appropriation
10		limitations by governmental reorganization or other methods.
11		Appropriations shall be made from the Road Fund only in
12		accordance with the provisions of this Section.
13		Money in the Road Fund shall, if and when the State of
14		Illinois incurs any bonded indebtedness for the construction
15		of permanent highways, be set aside and used for the purpose of
16		paying and discharging during each fiscal year the principal
17		and interest on that bonded indebtedness as it becomes due and
18		payable as provided in the Transportation Bond Act, and for no
19		other purpose. The surplus, if any, in the Road Fund after the
20		payment of principal and interest on that bonded indebtedness
21		then annually due shall be used as follows:
22		first -- to pay the cost of administration of Chapters
23		2 through 10 of the Illinois Vehicle Code; and
24		secondly -- no Road Fund monies derived from fees,
25		excises, or license taxes relating to registration,
26		operation and use of vehicles on public highways or to

HB4844 Engrossed - 318 - LRB103 39009 AMC 69146 b
1		fuels used for the propulsion of those vehicles, shall be
2		appropriated or expended other than for costs of
3		administering the laws imposing those fees, excises, and
4		license taxes, statutory refunds and adjustments allowed
5		thereunder, administrative costs of the Department of
6		Transportation, including, but not limited to, the
7		operating expenses of the Department relating to the
8		administration of public transportation programs, payment
9		of debts and liabilities incurred in construction and
10		reconstruction of public highways and bridges, acquisition
11		of rights-of-way for and the cost of construction,
12		reconstruction, maintenance, repair, and operation of
13		public highways and bridges under the direction and
14		supervision of the State, political subdivision, or
15		municipality collecting those monies, or during fiscal
16		year 2023 for the purposes of a grant not to exceed
17		$8,394,800 to the Regional Transportation Authority on
18		behalf of PACE for the purpose of ADA/Para-transit
19		expenses, or during fiscal year 2024 for the purposes of a
20		grant not to exceed $9,108,400 to the Regional
21		Transportation Authority on behalf of PACE for the purpose
22		of ADA/Para-transit expenses, and the costs for patrolling
23		and policing the public highways (by the State, political
24		subdivision, or municipality collecting that money) for
25		enforcement of traffic laws. The separation of grades of
26		such highways with railroads and costs associated with

HB4844 Engrossed - 319 - LRB103 39009 AMC 69146 b
1		protection of at-grade highway and railroad crossing shall
2		also be permissible.
3		Appropriations for any of such purposes are payable from
4		the Road Fund or the Grade Crossing Protection Fund as
5		provided in Section 8 of the Motor Fuel Tax Law.
6		Except as provided in this paragraph, beginning with
7		fiscal year 1991 and thereafter, no Road Fund monies shall be
8		appropriated to the Illinois State Police for the purposes of
9		this Section in excess of its total fiscal year 1990 Road Fund
10		appropriations for those purposes unless otherwise provided in
11		Section 5g of this Act. For fiscal years 2003, 2004, 2005,
12		2006, and 2007 only, no Road Fund monies shall be appropriated
13		to the Department of State Police for the purposes of this
14		Section in excess of $97,310,000. For fiscal year 2008 only,
15		no Road Fund monies shall be appropriated to the Department of
16		State Police for the purposes of this Section in excess of
17		$106,100,000. For fiscal year 2009 only, no Road Fund monies
18		shall be appropriated to the Department of State Police for
19		the purposes of this Section in excess of $114,700,000.
20		Beginning in fiscal year 2010, no Road Fund road fund moneys
21		shall be appropriated to the Illinois State Police. It shall
22		not be lawful to circumvent this limitation on appropriations
23		by governmental reorganization or other methods unless
24		otherwise provided in Section 5g of this Act.
25		In fiscal year 1994, no Road Fund monies shall be
26		appropriated to the Secretary of State for the purposes of

HB4844 Engrossed - 320 - LRB103 39009 AMC 69146 b
1		this Section in excess of the total fiscal year 1991 Road Fund
2		appropriations to the Secretary of State for those purposes,
3		plus $9,800,000. It shall not be lawful to circumvent this
4		limitation on appropriations by governmental reorganization or
5		other method.
6		Beginning with fiscal year 1995 and thereafter, no Road
7		Fund monies shall be appropriated to the Secretary of State
8		for the purposes of this Section in excess of the total fiscal
9		year 1994 Road Fund appropriations to the Secretary of State
10		for those purposes. It shall not be lawful to circumvent this
11		limitation on appropriations by governmental reorganization or
12		other methods.
13		Beginning with fiscal year 2000, total Road Fund
14		appropriations to the Secretary of State for the purposes of
15		this Section shall not exceed the amounts specified for the
16		following fiscal years:
17 Fiscal Year 2000 $80,500,000; 18 Fiscal Year 2001 $80,500,000; 19 Fiscal Year 2002 $80,500,000; 20 Fiscal Year 2003 $130,500,000; 21 Fiscal Year 2004 $130,500,000; 22 Fiscal Year 2005 $130,500,000; 23 Fiscal Year 2006 $130,500,000; 24 Fiscal Year 2007 $130,500,000; 25 Fiscal Year 2008 $130,500,000; 26 Fiscal Year 2009 $130,500,000.

HB4844 Engrossed - 321 - LRB103 39009 AMC 69146 b
1		For fiscal year 2010, no road fund moneys shall be
2		appropriated to the Secretary of State.
3		Beginning in fiscal year 2011, moneys in the Road Fund
4		shall be appropriated to the Secretary of State for the
5		exclusive purpose of paying refunds due to overpayment of fees
6		related to Chapter 3 of the Illinois Vehicle Code unless
7		otherwise provided for by law.
8		It shall not be lawful to circumvent this limitation on
9		appropriations by governmental reorganization or other
10		methods.
11		No new program may be initiated in fiscal year 1991 and
12		thereafter that is not consistent with the limitations imposed
13		by this Section for fiscal year 1984 and thereafter, insofar
14		as appropriation of Road Fund monies is concerned.
15		Nothing in this Section prohibits transfers from the Road
16		Fund to the State Construction Account Fund under Section 5e
17		of this Act; nor to the General Revenue Fund, as authorized by
18		Public Act 93-25.
19		The additional amounts authorized for expenditure in this
20		Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
21		shall be repaid to the Road Fund from the General Revenue Fund
22		in the next succeeding fiscal year that the General Revenue
23		Fund has a positive budgetary balance, as determined by
24		generally accepted accounting principles applicable to
25		government.
26		The additional amounts authorized for expenditure by the

HB4844 Engrossed - 322 - LRB103 39009 AMC 69146 b
1		Secretary of State and the Department of State Police in this
2		Section by Public Act 94-91 shall be repaid to the Road Fund
3		from the General Revenue Fund in the next succeeding fiscal
4		year that the General Revenue Fund has a positive budgetary
5		balance, as determined by generally accepted accounting
6		principles applicable to government.
7		(Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21;
8		102-699, eff. 4-19-22; 102-813, eff. 5-13-22; 103-8, eff.
9		6-7-23; 103-34, eff. 1-1-24; revised 12-12-23.)
10		(30 ILCS 105/12-2) (from Ch. 127, par. 148-2)
11		Sec. 12-2. Travel Regulation Council; State travel
12		reimbursement.
13		(a) The chairmen of the travel control boards established
14		by Section 12-1, or their designees, shall together comprise
15		the Travel Regulation Council. The Travel Regulation Council
16		shall be chaired by the Director of Central Management
17		Services, who shall be a nonvoting member of the Council,
18		unless he is otherwise qualified to vote by virtue of being the
19		designee of a voting member. No later than March 1, 1986, and
20		at least biennially thereafter, the Council shall adopt State
21		Travel Regulations and Reimbursement Rates which shall be
22		applicable to all personnel subject to the jurisdiction of the
23		travel control boards established by Section 12-1. An
24		affirmative vote of a majority of the members of the Council
25		shall be required to adopt regulations and reimbursement

HB4844 Engrossed - 323 - LRB103 39009 AMC 69146 b
1		rates. If the Council fails to adopt regulations by March 1 of
2		any odd-numbered year, the Director of Central Management
3		Services shall adopt emergency regulations and reimbursement
4		rates pursuant to the Illinois Administrative Procedure Act.
5		As soon as practicable after January 23, 2023 (the effective
6		date of Public Act 102-1119) this amendatory Act of the 102nd
7		General Assembly, the Travel Regulation Council and the Higher
8		Education Travel Control Board shall adopt amendments to their
9		existing rules to ensure that reimbursement rates for public
10		institutions of higher education, as defined in Section 1-13
11		of the Illinois Procurement Code, are set in accordance with
12		the requirements of subsection (f) of this Section.
13		(b) (Blank).
14		(c) (Blank).
15		(d) Reimbursements to travelers shall be made pursuant to
16		the rates and regulations applicable to the respective State
17		agency as of January 1, 1986 (the effective date of Public Act
18		84-345) this amendatory Act, until the State Travel
19		Regulations and Reimbursement Rates established by this
20		Section are adopted and effective.
21		(e) (Blank).
22		(f) (f) Notwithstanding any rule or law to the contrary,
23		State travel reimbursement rates for lodging and mileage for
24		automobile travel, as well as allowances for meals, shall be
25		set at the maximum rates established by the federal government
26		for travel expenses, subsistence expenses, and mileage

HB4844 Engrossed - 324 - LRB103 39009 AMC 69146 b
1		allowances under 5 U.S.C. 5701 through 5711 and any
2		regulations promulgated thereunder. If the rates set under
3		federal regulations increase or decrease during the course of
4		the State's fiscal year, the effective date of the new rate
5		shall be the effective date of the change in the federal rate.
6		(Source: P.A. 102-1119, eff. 1-23-23; 103-8, eff. 1-1-24;
7		revised 1-2-24.)
8		Section 145. The General Obligation Bond Act is amended by
9		changing Section 11 as follows:
10		(30 ILCS 330/11) (from Ch. 127, par. 661)
11		Sec. 11. Sale of Bonds. Except as otherwise provided in
12		this Section, Bonds shall be sold from time to time pursuant to
13		notice of sale and public bid or by negotiated sale in such
14		amounts and at such times as is directed by the Governor, upon
15		recommendation by the Director of the Governor's Office of
16		Management and Budget. At least 25%, based on total principal
17		amount, of all Bonds issued each fiscal year shall be sold
18		pursuant to notice of sale and public bid. At all times during
19		each fiscal year, no more than 75%, based on total principal
20		amount, of the Bonds issued each fiscal year, shall have been
21		sold by negotiated sale. Failure to satisfy the requirements
22		in the preceding 2 sentences shall not affect the validity of
23		any previously issued Bonds; provided that all Bonds
24		authorized by Public Act 96-43 and Public Act 96-1497 shall

HB4844 Engrossed - 325 - LRB103 39009 AMC 69146 b
1		not be included in determining compliance for any fiscal year
2		with the requirements of the preceding 2 sentences; and
3		further provided that refunding Bonds satisfying the
4		requirements of Section 16 of this Act shall not be subject to
5		the requirements in the preceding 2 sentences.
6		The Director of the Governor's Office of Management and
7		Budget shall comply in the selection of any bond counsel with
8		the competitive request for proposal process set forth in the
9		Illinois Procurement Code and all other applicable
10		requirements of that Code. The Director of the Governor's
11		Office of Management and Budget may select any financial
12		advisor from a pool of qualified advisors established pursuant
13		to a request for qualifications. If any Bonds, including
14		refunding Bonds, are to be sold by negotiated sale, the
15		Director of the Governor's Office of Management and Budget
16		shall select any underwriter from a pool of qualified
17		underwriters established pursuant to a request for
18		qualifications.
19		If Bonds are to be sold pursuant to notice of sale and
20		public bid, the Director of the Governor's Office of
21		Management and Budget may, from time to time, as Bonds are to
22		be sold, advertise the sale of the Bonds in at least 2 daily
23		newspapers, one of which is published in the City of
24		Springfield and one in the City of Chicago. The sale of the
25		Bonds shall be advertised in the BidBuy eProcurement System or
26		any successor procurement platform maintained by the Chief

HB4844 Engrossed - 326 - LRB103 39009 AMC 69146 b
1		Procurement Officer for General Services, and shall be
2		published once at least 10 days prior to the date fixed for the
3		opening of the bids. The Director of the Governor's Office of
4		Management and Budget may reschedule the date of sale upon the
5		giving of such additional notice as the Director deems
6		adequate to inform prospective bidders of such change;
7		provided, however, that all other conditions of the sale shall
8		continue as originally advertised.
9		Executed Bonds shall, upon payment therefor, be delivered
10		to the purchaser, and the proceeds of Bonds shall be paid into
11		the State Treasury as directed by Section 12 of this Act.
12		All Income Tax Proceed Bonds shall comply with this
13		Section. Notwithstanding anything to the contrary, however,
14		for purposes of complying with this Section, Income Tax
15		Proceed Bonds, regardless of the number of series or issuances
16		sold thereunder, shall be considered a single issue or series.
17		Furthermore, for purposes of complying with the competitive
18		bidding requirements of this Section, the words "at all times"
19		shall not apply to any such sale of the Income Tax Proceed
20		Bonds. The Director of the Governor's Office of Management and
21		Budget shall determine the time and manner of any competitive
22		sale of the Income Tax Proceed Bonds; however, that sale shall
23		under no circumstances take place later than 60 days after the
24		State closes the sale of 75% of the Income Tax Proceed Bonds by
25		negotiated sale.
26		All State Pension Obligation Acceleration Bonds shall

HB4844 Engrossed - 327 - LRB103 39009 AMC 69146 b
1		comply with this Section. Notwithstanding anything to the
2		contrary, however, for purposes of complying with this
3		Section, State Pension Obligation Acceleration Bonds,
4		regardless of the number of series or issuances sold
5		thereunder, shall be considered a single issue or series.
6		Furthermore, for purposes of complying with the competitive
7		bidding requirements of this Section, the words "at all times"
8		shall not apply to any such sale of the State Pension
9		Obligation Acceleration Bonds. The Director of the Governor's
10		Office of Management and Budget shall determine the time and
11		manner of any competitive sale of the State Pension Obligation
12		Acceleration Bonds; however, that sale shall under no
13		circumstances take place later than 60 days after the State
14		closes the sale of 75% of the State Pension Obligation
15		Acceleration Bonds by negotiated sale.
16		(Source: P.A. 103-7, eff. 7-1-23; revised 9-20-23.)
17		Section 150. The Capital Development Bond Act of 1972 is
18		amended by changing Section 3 as follows:
19		(30 ILCS 420/3) (from Ch. 127, par. 753)
20		Sec. 3. The State of Illinois is authorized to issue, sell
21		and provide for the retirement of general obligation bonds of
22		the State of Illinois in the amount of $1,737,000,000
23		hereinafter called the "Bonds", for the specific purpose of
24		providing funds for the acquisition, development,

HB4844 Engrossed - 328 - LRB103 39009 AMC 69146 b
1		construction, reconstruction, improvement, financing,
2		architectural planning and installation of capital facilities
3		consisting of buildings, structures, and durable equipment and
4		for the acquisition and improvement of real property and
5		interests in real property required, or expected to be
6		required, in connection therewith and for the acquisition,
7		protection and development of natural resources, including
8		water related resources, within the State of Illinois for open
9		spaces, water resource management, recreational and
10		conservation purposes, all within the State of Illinois.
11		The Bonds shall be used in the following specific manner:
12		(a) $636,697,287 for the acquisition, development,
13		construction, reconstruction, improvement, financing,
14		architectural planning and installation of capital facilities
15		consisting of buildings, structures, durable equipment and
16		land for educational purposes by State universities and
17		colleges, the Illinois Community College Board created by the
18		Public Community College Act "An Act in relation to the
19		establishment, operation and maintenance of public community
20		colleges", approved July 15, 1965, as amended and by the
21		School Building Commission created by "An Act to provide for
22		the acquisition, construction, rental, and disposition of
23		buildings used for school purposes", approved June 21, 1957,
24		as amended, or its successor, all within the State of
25		Illinois, and for grants to public community colleges as
26		authorized by Section 5-11 of the Public Community College

HB4844 Engrossed - 329 - LRB103 39009 AMC 69146 b
1		Act; and for the acquisition, development, construction,
2		reconstruction rehabilitation, improvement, architectural
3		planning and installation of capital facilities consisting of
4		durable movable equipment, including antennas and structures
5		necessarily relating thereto, for the Board of Governors of
6		State Colleges and Universities to construct educational
7		television facilities, which educational television facilities
8		may be located upon land or structures not owned by the State
9		providing that the Board of Governors has at least a 25-year
10		lease for the use of such non-state owned land or structures,
11		which lease may contain a provision making it subject to
12		annual appropriations by the General Assembly;
13		(b) $323,000,000 for the acquisition, development,
14		construction, reconstruction, improvement, financing,
15		architectural planning and installation of capital facilities
16		consisting of buildings, structures, durable equipment and
17		land for correctional purposes at State prisons and
18		correctional centers, all within the State of Illinois;
19		(c) $157,020,000 for the acquisition, development,
20		construction, reconstruction, improvement, financing,
21		architectural planning and installation of capital facilities
22		consisting of buildings, structures, durable equipment, and
23		land for open spaces, recreational and conservation purposes
24		and the protection of land, all within the State of Illinois;
25		(d) $146,580,000 for the acquisition, development,
26		construction, reconstruction, improvement, financing,

HB4844 Engrossed - 330 - LRB103 39009 AMC 69146 b
1		architectural planning and installation of capital facilities
2		consisting of buildings, structures, durable equipment and
3		land for child care facilities, mental and public health
4		facilities, and facilities for the care of veterans with
5		disabilities and their spouses, all within the State of
6		Illinois;
7		(e) $348,846,200 for the acquisition, development,
8		construction, reconstruction, improvement, financing,
9		architectural planning and installation of capital facilities
10		consisting of buildings, structures, durable equipment and
11		land for use by the State, its departments, authorities,
12		public corporations, commissions and agencies;
13		(f) To reimburse the Illinois Building Authority created
14		by the Building Authority Act "An Act to create the Illinois
15		Building Authority and to define its powers and duties", as
16		approved August 15, 1961, as amended, for any and all costs and
17		expenses incurred, and to be incurred, by the Illinois
18		Building Authority in connection with the acquisition,
19		construction, development, reconstruction, improvement,
20		planning, installation and financing of capital facilities
21		consisting of buildings, structures, equipment and land as
22		enumerated in subsections (a) through (e) hereof, and in
23		connection therewith to acquire from the Illinois Building
24		Authority any such capital facilities; provided, however, that
25		nothing in this subparagraph shall be construed to require or
26		permit the acquisition of facilities financed by the Illinois

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1		Building authority through the issuance of bonds;
2		(g) $24,853,800 for the acquisition, development,
3		construction, reconstruction, improvement, financing,
4		architectural planning and installation of buildings,
5		structures, durable equipment, and land for:
6		(1) Cargo handling facilities for use by port districts,
7		and
8		(2) Breakwaters, including harbor entrances incident
9		thereto, for use by port districts in conjunction with
10		facilities for small boats and pleasure craft;
11		(h) $39,900,000 for the acquisition, development,
12		construction, reconstruction, modification, financing,
13		architectural planning and installation of capital facilities
14		consisting of buildings, structures, durable equipment and
15		land for water resource management projects, all within the
16		State of Illinois;
17		(i) $9,852,713 for the acquisition, development,
18		construction, reconstruction, improvement, financing,
19		architectural planning and installation of capital facilities
20		consisting of buildings, structures, durable equipment and
21		land for educational purposes by nonprofit, nonpublic health
22		service educational institutions;
23		(j) $48,000,000 for the acquisition, development,
24		construction, reconstruction, improvement, financing,
25		architectural planning and installation of capital facilities
26		consisting of buildings, structures, durable equipment and

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1		land for the provision of facilities for food production
2		research and related instructional and public service
3		activities at the State universities and public community
4		colleges, all within the State of Illinois;
5		(k) $2,250,000 for grants by the Secretary of State, as
6		State Librarian, for the construction, acquisition,
7		development, reconstruction and improvement of central library
8		facilities authorized under Section 8 of the "The Illinois
9		Library System Act", as amended.
10		(Source: P.A. 99-143, eff. 7-27-15; revised 9-20-23.)
11		Section 155. The Build Illinois Bond Act is amended by
12		changing Section 5 as follows:
13		(30 ILCS 425/5) (from Ch. 127, par. 2805)
14		Sec. 5. Bond sale expenses.
15		(a) Costs for advertising, printing, bond rating, travel
16		of outside vendors, security, delivery, and legal and
17		financial advisory services, initial fees of trustees,
18		registrars, paying agents, and other fiduciaries, initial
19		costs of credit or liquidity enhancement arrangements, initial
20		fees of indexing and remarketing agents, and initial costs of
21		interest rate swaps, guarantees, or arrangements to limit
22		interest rate risk, as determined in the related Bond Sale
23		Order, may be paid as reasonable costs of issuance and sale
24		from the proceeds of each Bond sale. An amount not to exceed 1%

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1		of the principal amount of the proceeds of the sale of each
2		bond sale is authorized to be used to pay additional
3		reasonable costs of each issuance and sale of Bonds authorized
4		and sold pursuant to this Act, including, without limitation,
5		underwriter's discounts and fees, but excluding bond
6		insurance; provided that no salaries of State employees or
7		other State office operating expenses shall be paid out of
8		non-appropriated proceeds. The Governor's Office of Management
9		and Budget shall compile a summary of all costs of issuance on
10		each sale (including both costs paid out of proceeds and those
11		paid out of appropriated funds) and post that summary on its
12		web site within 20 business days after the issuance of the
13		bonds. The summary shall include, as applicable, the
14		respective percentage of participation and compensation of
15		each underwriter that is a member of the underwriting
16		syndicate, legal counsel, financial advisors, and other
17		professionals for the Bond issue, and an identification of all
18		costs of issuance paid to minority-owned businesses,
19		women-owned businesses, and businesses owned by persons with
20		disabilities. The terms "minority-owned businesses",
21		"women-owned businesses", and "business owned by a person with
22		a disability" have the meanings given to those terms in the
23		Business Enterprise for Minorities, Women, and Persons with
24		Disabilities Act. The summary shall be posted on the website
25		for a period of at least 30 days. In addition, the Governor's
26		Office of Management and Budget shall provide a written copy

HB4844 Engrossed - 334 - LRB103 39009 AMC 69146 b
1		of each summary of costs to the Speaker and Minority Leader of
2		the House of Representatives, the President and Minority
3		Leader of the Senate, and the Commission on Government
4		Forecasting and Accountability within 20 business days after
5		each issuance of the bonds. In addition, the Governor's Office
6		of Management and Budget shall provide copies of all contracts
7		under which any costs of issuance are paid or to be paid to the
8		Commission on Government Forecasting and Accountability within
9		20 business days after the issuance of Bonds for which those
10		costs are paid or to be paid. Instead of filing a second or
11		subsequent copy of the same contract, the Governor's Office of
12		Management and Budget may file a statement that specified
13		costs are paid under specified contracts filed earlier with
14		the Commission.
15		(b) The Director of the Governor's Office of Management
16		and Budget shall not, in connection with the issuance of
17		Bonds, contract with any underwriter, financial advisor, or
18		attorney unless that underwriter, financial advisor, or
19		attorney certifies that the underwriter, financial advisor, or
20		attorney has not and will not pay a contingent fee, whether
21		directly or indirectly, to any third party for having promoted
22		the selection of the underwriter, financial advisor, or
23		attorney for that contract. In the event that the Governor's
24		Office of Management and Budget determines that an
25		underwriter, financial advisor, or attorney has filed a false
26		certification with respect to the payment of contingent fees,

HB4844 Engrossed - 335 - LRB103 39009 AMC 69146 b
1		the Governor's Office of Management and Budget shall not
2		contract with that underwriter, financial advisor, or
3		attorney, or with any firm employing any person who signed
4		false certifications, for a period of 2 calendar years,
5		beginning with the date the determination is made. The
6		validity of Bonds issued under such circumstances of violation
7		pursuant to this Section shall not be affected.
8		(Source: P.A. 103-7, eff. 7-1-23; revised 9-21-23.)
9		Section 160. The Illinois Procurement Code is amended by
10		changing Sections 1-10 and 10-20 as follows:
11		(30 ILCS 500/1-10)
12		Sec. 1-10. Application.
13		(a) This Code applies only to procurements for which
14		bidders, offerors, potential contractors, or contractors were
15		first solicited on or after July 1, 1998. This Code shall not
16		be construed to affect or impair any contract, or any
17		provision of a contract, entered into based on a solicitation
18		prior to the implementation date of this Code as described in
19		Article 99, including, but not limited to, any covenant
20		entered into with respect to any revenue bonds or similar
21		instruments. All procurements for which contracts are
22		solicited between the effective date of Articles 50 and 99 and
23		July 1, 1998 shall be substantially in accordance with this
24		Code and its intent.

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1		(b) This Code shall apply regardless of the source of the
2		funds with which the contracts are paid, including federal
3		assistance moneys. This Code shall not apply to:
4		(1) Contracts between the State and its political
5		subdivisions or other governments, or between State
6		governmental bodies, except as specifically provided in
7		this Code.
8		(2) Grants, except for the filing requirements of
9		Section 20-80.
10		(3) Purchase of care, except as provided in Section
11		5-30.6 of the Illinois Public Aid Code and this Section.
12		(4) Hiring of an individual as an employee and not as
13		an independent contractor, whether pursuant to an
14		employment code or policy or by contract directly with
15		that individual.
16		(5) Collective bargaining contracts.
17		(6) Purchase of real estate, except that notice of
18		this type of contract with a value of more than $25,000
19		must be published in the Procurement Bulletin within 10
20		calendar days after the deed is recorded in the county of
21		jurisdiction. The notice shall identify the real estate
22		purchased, the names of all parties to the contract, the
23		value of the contract, and the effective date of the
24		contract.
25		(7) Contracts necessary to prepare for anticipated
26		litigation, enforcement actions, or investigations,

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1		provided that the chief legal counsel to the Governor
2		shall give his or her prior approval when the procuring
3		agency is one subject to the jurisdiction of the Governor,
4		and provided that the chief legal counsel of any other
5		procuring entity subject to this Code shall give his or
6		her prior approval when the procuring entity is not one
7		subject to the jurisdiction of the Governor.
8		(8) (Blank).
9		(9) Procurement expenditures by the Illinois
10		Conservation Foundation when only private funds are used.
11		(10) (Blank).
12		(11) Public-private agreements entered into according
13		to the procurement requirements of Section 20 of the
14		Public-Private Partnerships for Transportation Act and
15		design-build agreements entered into according to the
16		procurement requirements of Section 25 of the
17		Public-Private Partnerships for Transportation Act.
18		(12) (A) Contracts for legal, financial, and other
19		professional and artistic services entered into by the
20		Illinois Finance Authority in which the State of Illinois
21		is not obligated. Such contracts shall be awarded through
22		a competitive process authorized by the members of the
23		Illinois Finance Authority and are subject to Sections
24		5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,
25		as well as the final approval by the members of the
26		Illinois Finance Authority of the terms of the contract.

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1		(B) Contracts for legal and financial services entered
2		into by the Illinois Housing Development Authority in
3		connection with the issuance of bonds in which the State
4		of Illinois is not obligated. Such contracts shall be
5		awarded through a competitive process authorized by the
6		members of the Illinois Housing Development Authority and
7		are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
8		and 50-37 of this Code, as well as the final approval by
9		the members of the Illinois Housing Development Authority
10		of the terms of the contract.
11		(13) Contracts for services, commodities, and
12		equipment to support the delivery of timely forensic
13		science services in consultation with and subject to the
14		approval of the Chief Procurement Officer as provided in
15		subsection (d) of Section 5-4-3a of the Unified Code of
16		Corrections, except for the requirements of Sections
17		20-60, 20-65, 20-70, and 20-160 and Article 50 of this
18		Code; however, the Chief Procurement Officer may, in
19		writing with justification, waive any certification
20		required under Article 50 of this Code. For any contracts
21		for services which are currently provided by members of a
22		collective bargaining agreement, the applicable terms of
23		the collective bargaining agreement concerning
24		subcontracting shall be followed.
25		On and after January 1, 2019, this paragraph (13),
26		except for this sentence, is inoperative.

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1		(14) Contracts for participation expenditures required
2		by a domestic or international trade show or exhibition of
3		an exhibitor, member, or sponsor.
4		(15) Contracts with a railroad or utility that
5		requires the State to reimburse the railroad or utilities
6		for the relocation of utilities for construction or other
7		public purpose. Contracts included within this paragraph
8		(15) shall include, but not be limited to, those
9		associated with: relocations, crossings, installations,
10		and maintenance. For the purposes of this paragraph (15),
11		"railroad" means any form of non-highway ground
12		transportation that runs on rails or electromagnetic
13		guideways and "utility" means: (1) public utilities as
14		defined in Section 3-105 of the Public Utilities Act, (2)
15		telecommunications carriers as defined in Section 13-202
16		of the Public Utilities Act, (3) electric cooperatives as
17		defined in Section 3.4 of the Electric Supplier Act, (4)
18		telephone or telecommunications cooperatives as defined in
19		Section 13-212 of the Public Utilities Act, (5) rural
20		water or waste water systems with 10,000 connections or
21		less, (6) a holder as defined in Section 21-201 of the
22		Public Utilities Act, and (7) municipalities owning or
23		operating utility systems consisting of public utilities
24		as that term is defined in Section 11-117-2 of the
25		Illinois Municipal Code.
26		(16) Procurement expenditures necessary for the

HB4844 Engrossed - 340 - LRB103 39009 AMC 69146 b
1		Department of Public Health to provide the delivery of
2		timely newborn screening services in accordance with the
3		Newborn Metabolic Screening Act.
4		(17) Procurement expenditures necessary for the
5		Department of Agriculture, the Department of Financial and
6		Professional Regulation, the Department of Human Services,
7		and the Department of Public Health to implement the
8		Compassionate Use of Medical Cannabis Program and Opioid
9		Alternative Pilot Program requirements and ensure access
10		to medical cannabis for patients with debilitating medical
11		conditions in accordance with the Compassionate Use of
12		Medical Cannabis Program Act.
13		(18) This Code does not apply to any procurements
14		necessary for the Department of Agriculture, the
15		Department of Financial and Professional Regulation, the
16		Department of Human Services, the Department of Commerce
17		and Economic Opportunity, and the Department of Public
18		Health to implement the Cannabis Regulation and Tax Act if
19		the applicable agency has made a good faith determination
20		that it is necessary and appropriate for the expenditure
21		to fall within this exemption and if the process is
22		conducted in a manner substantially in accordance with the
23		requirements of Sections 20-160, 25-60, 30-22, 50-5,
24		50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
25		50-36, 50-37, 50-38, and 50-50 of this Code; however, for
26		Section 50-35, compliance applies only to contracts or

HB4844 Engrossed - 341 - LRB103 39009 AMC 69146 b
1		subcontracts over $100,000. Notice of each contract
2		entered into under this paragraph (18) that is related to
3		the procurement of goods and services identified in
4		paragraph (1) through (9) of this subsection shall be
5		published in the Procurement Bulletin within 14 calendar
6		days after contract execution. The Chief Procurement
7		Officer shall prescribe the form and content of the
8		notice. Each agency shall provide the Chief Procurement
9		Officer, on a monthly basis, in the form and content
10		prescribed by the Chief Procurement Officer, a report of
11		contracts that are related to the procurement of goods and
12		services identified in this subsection. At a minimum, this
13		report shall include the name of the contractor, a
14		description of the supply or service provided, the total
15		amount of the contract, the term of the contract, and the
16		exception to this Code utilized. A copy of any or all of
17		these contracts shall be made available to the Chief
18		Procurement Officer immediately upon request. The Chief
19		Procurement Officer shall submit a report to the Governor
20		and General Assembly no later than November 1 of each year
21		that includes, at a minimum, an annual summary of the
22		monthly information reported to the Chief Procurement
23		Officer. This exemption becomes inoperative 5 years after
24		June 25, 2019 (the effective date of Public Act 101-27).
25		(19) Acquisition of modifications or adjustments,
26		limited to assistive technology devices and assistive

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1		technology services, adaptive equipment, repairs, and
2		replacement parts to provide reasonable accommodations (i)
3		that enable a qualified applicant with a disability to
4		complete the job application process and be considered for
5		the position such qualified applicant desires, (ii) that
6		modify or adjust the work environment to enable a
7		qualified current employee with a disability to perform
8		the essential functions of the position held by that
9		employee, (iii) to enable a qualified current employee
10		with a disability to enjoy equal benefits and privileges
11		of employment as are enjoyed by other similarly situated
12		employees without disabilities, and (iv) that allow a
13		customer, client, claimant, or member of the public
14		seeking State services full use and enjoyment of and
15		access to its programs, services, or benefits.
16		For purposes of this paragraph (19):
17		"Assistive technology devices" means any item, piece
18		of equipment, or product system, whether acquired
19		commercially off the shelf, modified, or customized, that
20		is used to increase, maintain, or improve functional
21		capabilities of individuals with disabilities.
22		"Assistive technology services" means any service that
23		directly assists an individual with a disability in
24		selection, acquisition, or use of an assistive technology
25		device.
26		"Qualified" has the same meaning and use as provided

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1		under the federal Americans with Disabilities Act when
2		describing an individual with a disability.
3		(20) Procurement expenditures necessary for the
4		Illinois Commerce Commission to hire third-party
5		facilitators pursuant to Sections 16-105.17 and 16-108.18
6		of the Public Utilities Act or an ombudsman pursuant to
7		Section 16-107.5 of the Public Utilities Act, a
8		facilitator pursuant to Section 16-105.17 of the Public
9		Utilities Act, or a grid auditor pursuant to Section
10		16-105.10 of the Public Utilities Act.
11		(21) Procurement expenditures for the purchase,
12		renewal, and expansion of software, software licenses, or
13		software maintenance agreements that support the efforts
14		of the Illinois State Police to enforce, regulate, and
15		administer the Firearm Owners Identification Card Act, the
16		Firearm Concealed Carry Act, the Firearms Restraining
17		Order Act, the Firearm Dealer License Certification Act,
18		the Law Enforcement Agencies Data System (LEADS), the
19		Uniform Crime Reporting Act, the Criminal Identification
20		Act, the Illinois Uniform Conviction Information Act, and
21		the Gun Trafficking Information Act, or establish or
22		maintain record management systems necessary to conduct
23		human trafficking investigations or gun trafficking or
24		other stolen firearm investigations. This paragraph (21)
25		applies to contracts entered into on or after January 10,
26		2023 (the effective date of Public Act 102-1116) and the

HB4844 Engrossed - 344 - LRB103 39009 AMC 69146 b
1		renewal of contracts that are in effect on January 10,
2		2023 (the effective date of Public Act 102-1116).
3		(22) Contracts for project management services and
4		system integration services required for the completion of
5		the State's enterprise resource planning project. This
6		exemption becomes inoperative 5 years after June 7, 2023
7		(the effective date of the changes made to this Section by
8		Public Act 103-8). This paragraph (22) applies to
9		contracts entered into on or after June 7, 2023 (the
10		effective date of the changes made to this Section by
11		Public Act 103-8) and the renewal of contracts that are in
12		effect on June 7, 2023 (the effective date of the changes
13		made to this Section by Public Act 103-8).
14		(23) Procurements necessary for the Department of
15		Insurance to implement the Illinois Health Benefits
16		Exchange Law if the Department of Insurance has made a
17		good faith determination that it is necessary and
18		appropriate for the expenditure to fall within this
19		exemption. The procurement process shall be conducted in a
20		manner substantially in accordance with the requirements
21		of Sections 20-160 and 25-60 and Article 50 of this Code. A
22		copy of these contracts shall be made available to the
23		Chief Procurement Officer immediately upon request. This
24		paragraph is inoperative 5 years after June 27, 2023 (the
25		effective date of Public Act 103-103).
26		(24) (22) Contracts for public education programming,

HB4844 Engrossed - 345 - LRB103 39009 AMC 69146 b
1		noncommercial sustaining announcements, public service
2		announcements, and public awareness and education
3		messaging with the nonprofit trade associations of the
4		providers of those services that inform the public on
5		immediate and ongoing health and safety risks and hazards.
6		Notwithstanding any other provision of law, for contracts
7		with an annual value of more than $100,000 entered into on or
8		after October 1, 2017 under an exemption provided in any
9		paragraph of this subsection (b), except paragraph (1), (2),
10		or (5), each State agency shall post to the appropriate
11		procurement bulletin the name of the contractor, a description
12		of the supply or service provided, the total amount of the
13		contract, the term of the contract, and the exception to the
14		Code utilized. The chief procurement officer shall submit a
15		report to the Governor and General Assembly no later than
16		November 1 of each year that shall include, at a minimum, an
17		annual summary of the monthly information reported to the
18		chief procurement officer.
19		(c) This Code does not apply to the electric power
20		procurement process provided for under Section 1-75 of the
21		Illinois Power Agency Act and Section 16-111.5 of the Public
22		Utilities Act. This Code does not apply to the procurement of
23		technical and policy experts pursuant to Section 1-129 of the
24		Illinois Power Agency Act.
25		(d) Except for Section 20-160 and Article 50 of this Code,
26		and as expressly required by Section 9.1 of the Illinois

HB4844 Engrossed - 346 - LRB103 39009 AMC 69146 b
1		Lottery Law, the provisions of this Code do not apply to the
2		procurement process provided for under Section 9.1 of the
3		Illinois Lottery Law.
4		(e) This Code does not apply to the process used by the
5		Capital Development Board to retain a person or entity to
6		assist the Capital Development Board with its duties related
7		to the determination of costs of a clean coal SNG brownfield
8		facility, as defined by Section 1-10 of the Illinois Power
9		Agency Act, as required in subsection (h-3) of Section 9-220
10		of the Public Utilities Act, including calculating the range
11		of capital costs, the range of operating and maintenance
12		costs, or the sequestration costs or monitoring the
13		construction of clean coal SNG brownfield facility for the
14		full duration of construction.
15		(f) (Blank).
16		(g) (Blank).
17		(h) This Code does not apply to the process to procure or
18		contracts entered into in accordance with Sections 11-5.2 and
19		11-5.3 of the Illinois Public Aid Code.
20		(i) Each chief procurement officer may access records
21		necessary to review whether a contract, purchase, or other
22		expenditure is or is not subject to the provisions of this
23		Code, unless such records would be subject to attorney-client
24		privilege.
25		(j) This Code does not apply to the process used by the
26		Capital Development Board to retain an artist or work or works

HB4844 Engrossed - 347 - LRB103 39009 AMC 69146 b
1		of art as required in Section 14 of the Capital Development
2		Board Act.
3		(k) This Code does not apply to the process to procure
4		contracts, or contracts entered into, by the State Board of
5		Elections or the State Electoral Board for hearing officers
6		appointed pursuant to the Election Code.
7		(l) This Code does not apply to the processes used by the
8		Illinois Student Assistance Commission to procure supplies and
9		services paid for from the private funds of the Illinois
10		Prepaid Tuition Fund. As used in this subsection (l), "private
11		funds" means funds derived from deposits paid into the
12		Illinois Prepaid Tuition Trust Fund and the earnings thereon.
13		(m) This Code shall apply regardless of the source of
14		funds with which contracts are paid, including federal
15		assistance moneys. Except as specifically provided in this
16		Code, this Code shall not apply to procurement expenditures
17		necessary for the Department of Public Health to conduct the
18		Healthy Illinois Survey in accordance with Section 2310-431 of
19		the Department of Public Health Powers and Duties Law of the
20		Civil Administrative Code of Illinois.
21		(Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22;
22		102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff.
23		9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22;
24		102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff.
25		6-27-23; 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; revised
26		1-2-24.)

HB4844 Engrossed - 348 - LRB103 39009 AMC 69146 b
1		(30 ILCS 500/10-20)
2		Sec. 10-20. Independent chief procurement officers.
3		(a) Appointment. Within 60 calendar days after July 1,
4		2010 (the effective date of Public Act 96-795) this amendatory
5		Act of the 96th General Assembly, the Executive Ethics
6		Commission, with the advice and consent of the Senate shall
7		appoint or approve 4 chief procurement officers, one for each
8		of the following categories:
9		(1) for procurements for construction and
10		construction-related services committed by law to the
11		jurisdiction or responsibility of the Capital Development
12		Board;
13		(2) for procurements for all construction,
14		construction-related services, operation of any facility,
15		and the provision of any service or activity committed by
16		law to the jurisdiction or responsibility of the Illinois
17		Department of Transportation, including the direct or
18		reimbursable expenditure of all federal funds for which
19		the Department of Transportation is responsible or
20		accountable for the use thereof in accordance with federal
21		law, regulation, or procedure, the chief procurement
22		officer recommended for approval under this item appointed
23		by the Secretary of Transportation after consent by the
24		Executive Ethics Commission;
25		(3) for all procurements made by a public institution

HB4844 Engrossed - 349 - LRB103 39009 AMC 69146 b
1		of higher education; and
2		(4) for all other procurement needs of State agencies.
3		For fiscal year 2024, the Executive Ethics Commission
4		shall set aside from its appropriation those amounts necessary
5		for the use of the 4 chief procurement officers for the
6		ordinary and contingent expenses of their respective
7		procurement offices. From the amounts set aside by the
8		Commission, each chief procurement officer shall control the
9		internal operations of his or her procurement office and shall
10		procure the necessary equipment, materials, and services to
11		perform the duties of that office, including hiring necessary
12		procurement personnel, legal advisors, and other employees,
13		and may establish, in the exercise of the chief procurement
14		officer's discretion, the compensation of the office's
15		employees, which includes the State purchasing officers and
16		any legal advisors. The Executive Ethics Commission shall have
17		no control over the employees of the chief procurement
18		officers. The Executive Ethics Commission shall provide
19		administrative support services, including payroll, for each
20		procurement office.
21		(b) Terms and independence. Each chief procurement officer
22		appointed under this Section shall serve for a term of 5 years
23		beginning on the date of the officer's appointment. The chief
24		procurement officer may be removed for cause after a hearing
25		by the Executive Ethics Commission. The Governor or the
26		director of a State agency directly responsible to the

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1		Governor may institute a complaint against the officer by
2		filing such complaint with the Commission. The Commission
3		shall have a hearing based on the complaint. The officer and
4		the complainant shall receive reasonable notice of the hearing
5		and shall be permitted to present their respective arguments
6		on the complaint. After the hearing, the Commission shall make
7		a finding on the complaint and may take disciplinary action,
8		including but not limited to removal of the officer.
9		The salary of a chief procurement officer shall be
10		established by the Executive Ethics Commission and may not be
11		diminished during the officer's term. The salary may not
12		exceed the salary of the director of a State agency for which
13		the officer serves as chief procurement officer.
14		(c) Qualifications. In addition to any other requirement
15		or qualification required by State law, each chief procurement
16		officer must within 12 months of employment be a Certified
17		Professional Public Buyer or a Certified Public Purchasing
18		Officer, pursuant to certification by the Universal Public
19		Purchasing Certification Council, and must reside in Illinois.
20		(d) Fiduciary duty. Each chief procurement officer owes a
21		fiduciary duty to the State.
22		(e) Vacancy. In case of a vacancy in one or more of the
23		offices of a chief procurement officer under this Section
24		during the recess of the Senate, the Executive Ethics
25		Commission shall make a temporary appointment until the next
26		meeting of the Senate, when the Executive Ethics Commission

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1		shall nominate some person to fill the office, and any person
2		so nominated who is confirmed by the Senate shall hold office
3		during the remainder of the term and until his or her successor
4		is appointed and qualified. If the Senate is not in session at
5		the time Public Act 96-920 this amendatory Act of the 96th
6		General Assembly takes effect, the Executive Ethics Commission
7		shall make a temporary appointment as in the case of a vacancy.
8		(f) (Blank).
9		(g) (Blank).
10		(Source: P.A. 103-8, eff. 6-7-23; revised 9-26-23.)
11		Section 165. The Illinois Works Jobs Program Act is
12		amended by changing Section 20-15 as follows:
13		(30 ILCS 559/20-15)
14		Sec. 20-15. Illinois Works Preapprenticeship Program;
15		Illinois Works Bid Credit Program.
16		(a) The Illinois Works Preapprenticeship Program is
17		established and shall be administered by the Department. The
18		goal of the Illinois Works Preapprenticeship Program is to
19		create a network of community-based organizations throughout
20		the State that will recruit, prescreen, and provide
21		preapprenticeship skills training, for which participants may
22		attend free of charge and receive a stipend, to create a
23		qualified, diverse pipeline of workers who are prepared for
24		careers in the construction and building trades. Upon

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1		completion of the Illinois Works Preapprenticeship Program,
2		the candidates will be skilled and work-ready.
3		(b) There is created the Illinois Works Fund, a special
4		fund in the State treasury. The Illinois Works Fund shall be
5		administered by the Department. The Illinois Works Fund shall
6		be used to provide funding for community-based organizations
7		throughout the State. In addition to any other transfers that
8		may be provided for by law, on and after July 1, 2019 at the
9		direction of the Director of the Governor's Office of
10		Management and Budget, the State Comptroller shall direct and
11		the State Treasurer shall transfer amounts not exceeding a
12		total of $50,000,000 from the Rebuild Illinois Projects Fund
13		to the Illinois Works Fund.
14		(c) Each community-based organization that receives
15		funding from the Illinois Works Fund shall provide an annual
16		report to the Illinois Works Review Panel by April 1 of each
17		calendar year. The annual report shall include the following
18		information:
19		(1) a description of the community-based
20		organization's recruitment, screening, and training
21		efforts;
22		(2) the number of individuals who apply to,
23		participate in, and complete the community-based
24		organization's program, broken down by race, gender, age,
25		and veteran status; and
26		(3) the number of the individuals referenced in item (2)

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1		of this subsection who are initially accepted and placed
2		into apprenticeship programs in the construction and
3		building trades.
4		(d) The Department shall create and administer the
5		Illinois Works Bid Credit Program that shall provide economic
6		incentives, through bid credits, to encourage contractors and
7		subcontractors to provide contracting and employment
8		opportunities to historically underrepresented populations in
9		the construction industry.
10		The Illinois Works Bid Credit Program shall allow
11		contractors and subcontractors to earn bid credits for use
12		toward future bids for public works projects contracted by the
13		State or an agency of the State in order to increase the
14		chances that the contractor and the subcontractors will be
15		selected.
16		Contractors or subcontractors may be eligible to earn bid
17		credits for employing apprentices who have completed the
18		Illinois Works Preapprenticeship Program. Contractors or
19		subcontractors shall earn bid credits at a rate established by
20		the Department and based on labor hours worked by apprentices
21		who have completed the Illinois Works Preapprenticeship
22		Program. In order to earn bid credits, contractors and
23		subcontractors shall provide the Department with certified
24		payroll documenting the hours performed by apprentices who
25		have completed the Illinois Works Preapprenticeship Program.
26		Contractors and subcontractors can use bid credits toward

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1		future bids for public works projects contracted or funded by
2		the State or an agency of the State in order to increase the
3		likelihood of being selected as the contractor for the public
4		works project toward which they have applied the bid credit.
5		The Department shall establish the rate by rule and shall
6		publish it on the Department's website. The rule may include
7		maximum bid credits allowed per contractor, per subcontractor,
8		per apprentice, per bid, or per year.
9		The Illinois Works Credit Bank is hereby created and shall
10		be administered by the Department. The Illinois Works Credit
11		Bank shall track the bid credits.
12		A contractor or subcontractor who has been awarded bid
13		credits under any other State program for employing
14		apprentices who have completed the Illinois Works
15		Preapprenticeship Program is not eligible to receive bid
16		credits under the Illinois Works Bid Credit Program relating
17		to the same contract.
18		The Department shall report to the Illinois Works Review
19		Panel the following: (i) the number of bid credits awarded by
20		the Department; (ii) the number of bid credits submitted by
21		the contractor or subcontractor to the agency administering
22		the public works contract; and (iii) the number of bid credits
23		accepted by the agency for such contract. Any agency that
24		awards bid credits pursuant to the Illinois Works Credit Bank
25		Program shall report to the Department the number of bid
26		credits it accepted for the public works contract.

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1		Upon a finding that a contractor or subcontractor has
2		reported falsified records to the Department in order to
3		fraudulently obtain bid credits, the Department may bar the
4		contractor or subcontractor from participating in the Illinois
5		Works Bid Credit Program and may suspend the contractor or
6		subcontractor from bidding on or participating in any public
7		works project. False or fraudulent claims for payment relating
8		to false bid credits may be subject to damages and penalties
9		under applicable law.
10		(e) The Department shall adopt any rules deemed necessary
11		to implement this Section. In order to provide for the
12		expeditious and timely implementation of this Act, the
13		Department may adopt emergency rules. The adoption of
14		emergency rules authorized by this subsection is deemed to be
15		necessary for the public interest, safety, and welfare.
16		(Source: P.A. 103-8, eff. 6-7-23; 103-305, eff. 7-28-23;
17		revised 9-6-23.)
18		Section 170. The Build Illinois Act is amended by changing
19		Section 10-6 as follows:
20		(30 ILCS 750/10-6) (from Ch. 127, par. 2710-6)
21		Sec. 10-6. Large Business Attraction Fund.
22		(a) There is created the Large Business Attraction Fund to
23		be held as part of the State Treasury. The Department is
24		authorized to make loans from the Fund for the purposes

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1		established under this Article. The State Treasurer shall have
2		custody of the Fund and may invest in securities constituting
3		direct obligations of the United States Government, in
4		obligations the principal of and interest on which are
5		guaranteed by the United States Government, or in certificates
6		of deposit of any State or national bank that are fully secured
7		by obligations guaranteed as to principal and interest by the
8		United States Government. The purpose of the Fund is to offer
9		loans to finance large firms considering the location of a
10		proposed plant in the State and to provide financing to carry
11		out the purposes and provisions of paragraph (h) of Section
12		10-3. Financing shall be in the form of a loan, mortgage, or
13		other debt instrument. All loans shall be conditioned on the
14		project receiving financing from participating lenders or
15		other sources. Loan proceeds shall be available for project
16		costs associated with an expansion of business capacity and
17		employment, except for debt refinancing. Targeted companies
18		for the program shall primarily consist of established
19		industrial and service companies with proven records of
20		earnings that will sell their product to markets beyond
21		Illinois and have proven multistate location options. New
22		ventures shall be considered only if the entity is protected
23		with adequate security with regard to its financing and
24		operation. The limitations and conditions with respect to the
25		use of this Fund shall not apply in carrying out the purposes
26		and provisions of paragraph (h) of Section 10-3.

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1		(b) Deposits into the Fund shall include, but are not
2		limited to:
3		(1) Any appropriations, grants, or gifts made to the
4		Fund.
5		(2) Any income received from interest on investments
6		of amounts from the Fund not currently needed to meet the
7		obligations of the Fund.
8		(c) The State Comptroller and the State Treasurer shall
9		from time to time, upon the written direction of the Governor,
10		transfer from the Fund to the General Revenue Fund or the
11		Budget Stabilization Fund, those amounts that the Governor
12		determines are in excess of the amounts required to meet the
13		obligations of the Fund. Any amounts transferred to the Budget
14		Stabilization Fund may be transferred back to the Large
15		Business Attraction Fund by the State Comptroller and the
16		State Treasurer, upon the written direction of the Governor.
17		(d) Notwithstanding subsection (a) of this Section, the
18		Large Business Attraction Fund may be used for the purposes
19		established under the Invest in Illinois Act, including for
20		awards, grants, loans, contracts, and administrative expenses.
21		(Source: P.A. 102-1115, eff. 1-9-23; 102-1125, eff. 2-3-23;
22		revised 2-23-23.)
23		Section 175. The State Mandates Act is amended by changing
24		Sections 8.46 and 8.47 as follows:

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1		(30 ILCS 805/8.46)
2		Sec. 8.46. Exempt mandate.
3		(a) Notwithstanding Sections 6 and 8 of this Act, no
4		reimbursement by the State is required for the implementation
5		of any mandate created by 102-707, 102-764, 102-806, 102-811,
6		102-836, 102-856, 102-857, 102-884, 102-943, 102-1061,
7		102-1064, 102-1088, or 102-1131 this amendatory Act of the
8		102nd General Assembly.
9		(b) Notwithstanding Sections 6 and 8 of this Act, no
10		reimbursement by the State is required for the implementation
11		of any mandate created by the Decennial Committees on Local
12		Government Efficiency Act.
13		(Source: P.A. 102-707, eff. 4-22-22; 102-764, eff. 5-13-22;
14		102-806, eff. 5-13-22; 102-811, eff. 1-1-23; 102-836, eff.
15		5-13-22; 102-856, eff. 1-1-23; 102-857, eff. 5-13-22; 102-884,
16		eff. 5-13-22; 102-943, eff. 1-1-23; 102-1061, eff. 6-10-22;
17		102-1064, eff. 6-10-22; 102-1088, eff. 6-10-22; 102-1131, eff.
18		6-1-23; revised 9-19-23.)
19		(30 ILCS 805/8.47)
20		Sec. 8.47. Exempt mandate.
21		(a) Notwithstanding Sections 6 and 8 of this Act, no
22		reimbursement by the State is required for the implementation
23		of any mandate created by Public Act 103-2, 103-110, 103-409,
24		103-455, 103-529, 103-552, 103-553, 103-579, or 103-582 this
25		amendatory Act of the 103rd General Assembly.

HB4844 Engrossed - 359 - LRB103 39009 AMC 69146 b
1		(b) Notwithstanding Sections 6 and 8 of this Act, no
2		reimbursement by the State is required for the implementation
3		of any mandate created by the Decennial Committees on Local
4		Government Efficiency Act.
5		(c) Notwithstanding Sections 6 and 8 of this Act, no
6		reimbursement by the State is required for the implementation
7		of the mandate created by Section 2.10a of the Regional
8		Transportation Authority Act in Public Act 103-281 this
9		amendatory Act of the 103rd General Assembly.
10		(Source: P.A. 102-1136, eff. 2-10-23; 103-2, eff. 5-10-23;
11		103-110, eff. 6-29-23; 103-281, eff. 1-1-24; 103-409, eff.
12		1-1-24; 103-455, eff. 1-1-24; 103-529, eff. 8-11-23; 103-552,
13		eff. 8-11-23; 103-553, eff. 8-11-23; 103-579, eff. 12-8-23;
14		103-582, eff. 12-8-23; revised 1-2-24.)
15		Section 180. The Illinois Income Tax Act is amended by
16		changing Sections 201, 203, 228, and 237 as follows:
17		(35 ILCS 5/201)
18		Sec. 201. Tax imposed.
19		(a) In general. A tax measured by net income is hereby
20		imposed on every individual, corporation, trust and estate for
21		each taxable year ending after July 31, 1969 on the privilege
22		of earning or receiving income in or as a resident of this
23		State. Such tax shall be in addition to all other occupation or
24		privilege taxes imposed by this State or by any municipal

HB4844 Engrossed - 360 - LRB103 39009 AMC 69146 b
1		corporation or political subdivision thereof.
2		(b) Rates. The tax imposed by subsection (a) of this
3		Section shall be determined as follows, except as adjusted by
4		subsection (d-1):
5		(1) In the case of an individual, trust or estate, for
6		taxable years ending prior to July 1, 1989, an amount
7		equal to 2 1/2% of the taxpayer's net income for the
8		taxable year.
9		(2) In the case of an individual, trust or estate, for
10		taxable years beginning prior to July 1, 1989 and ending
11		after June 30, 1989, an amount equal to the sum of (i) 2
12		1/2% of the taxpayer's net income for the period prior to
13		July 1, 1989, as calculated under Section 202.3, and (ii)
14		3% of the taxpayer's net income for the period after June
15		30, 1989, as calculated under Section 202.3.
16		(3) In the case of an individual, trust or estate, for
17		taxable years beginning after June 30, 1989, and ending
18		prior to January 1, 2011, an amount equal to 3% of the
19		taxpayer's net income for the taxable year.
20		(4) In the case of an individual, trust, or estate,
21		for taxable years beginning prior to January 1, 2011, and
22		ending after December 31, 2010, an amount equal to the sum
23		of (i) 3% of the taxpayer's net income for the period prior
24		to January 1, 2011, as calculated under Section 202.5, and
25		(ii) 5% of the taxpayer's net income for the period after
26		December 31, 2010, as calculated under Section 202.5.

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1		(5) In the case of an individual, trust, or estate,
2		for taxable years beginning on or after January 1, 2011,
3		and ending prior to January 1, 2015, an amount equal to 5%
4		of the taxpayer's net income for the taxable year.
5		(5.1) In the case of an individual, trust, or estate,
6		for taxable years beginning prior to January 1, 2015, and
7		ending after December 31, 2014, an amount equal to the sum
8		of (i) 5% of the taxpayer's net income for the period prior
9		to January 1, 2015, as calculated under Section 202.5, and
10		(ii) 3.75% of the taxpayer's net income for the period
11		after December 31, 2014, as calculated under Section
12		202.5.
13		(5.2) In the case of an individual, trust, or estate,
14		for taxable years beginning on or after January 1, 2015,
15		and ending prior to July 1, 2017, an amount equal to 3.75%
16		of the taxpayer's net income for the taxable year.
17		(5.3) In the case of an individual, trust, or estate,
18		for taxable years beginning prior to July 1, 2017, and
19		ending after June 30, 2017, an amount equal to the sum of
20		(i) 3.75% of the taxpayer's net income for the period
21		prior to July 1, 2017, as calculated under Section 202.5,
22		and (ii) 4.95% of the taxpayer's net income for the period
23		after June 30, 2017, as calculated under Section 202.5.
24		(5.4) In the case of an individual, trust, or estate,
25		for taxable years beginning on or after July 1, 2017, an
26		amount equal to 4.95% of the taxpayer's net income for the

HB4844 Engrossed - 362 - LRB103 39009 AMC 69146 b
1		taxable year.
2		(6) In the case of a corporation, for taxable years
3		ending prior to July 1, 1989, an amount equal to 4% of the
4		taxpayer's net income for the taxable year.
5		(7) In the case of a corporation, for taxable years
6		beginning prior to July 1, 1989 and ending after June 30,
7		1989, an amount equal to the sum of (i) 4% of the
8		taxpayer's net income for the period prior to July 1,
9		1989, as calculated under Section 202.3, and (ii) 4.8% of
10		the taxpayer's net income for the period after June 30,
11		1989, as calculated under Section 202.3.
12		(8) In the case of a corporation, for taxable years
13		beginning after June 30, 1989, and ending prior to January
14		1, 2011, an amount equal to 4.8% of the taxpayer's net
15		income for the taxable year.
16		(9) In the case of a corporation, for taxable years
17		beginning prior to January 1, 2011, and ending after
18		December 31, 2010, an amount equal to the sum of (i) 4.8%
19		of the taxpayer's net income for the period prior to
20		January 1, 2011, as calculated under Section 202.5, and
21		(ii) 7% of the taxpayer's net income for the period after
22		December 31, 2010, as calculated under Section 202.5.
23		(10) In the case of a corporation, for taxable years
24		beginning on or after January 1, 2011, and ending prior to
25		January 1, 2015, an amount equal to 7% of the taxpayer's
26		net income for the taxable year.

HB4844 Engrossed - 363 - LRB103 39009 AMC 69146 b
1		(11) In the case of a corporation, for taxable years
2		beginning prior to January 1, 2015, and ending after
3		December 31, 2014, an amount equal to the sum of (i) 7% of
4		the taxpayer's net income for the period prior to January
5		1, 2015, as calculated under Section 202.5, and (ii) 5.25%
6		of the taxpayer's net income for the period after December
7		31, 2014, as calculated under Section 202.5.
8		(12) In the case of a corporation, for taxable years
9		beginning on or after January 1, 2015, and ending prior to
10		July 1, 2017, an amount equal to 5.25% of the taxpayer's
11		net income for the taxable year.
12		(13) In the case of a corporation, for taxable years
13		beginning prior to July 1, 2017, and ending after June 30,
14		2017, an amount equal to the sum of (i) 5.25% of the
15		taxpayer's net income for the period prior to July 1,
16		2017, as calculated under Section 202.5, and (ii) 7% of
17		the taxpayer's net income for the period after June 30,
18		2017, as calculated under Section 202.5.
19		(14) In the case of a corporation, for taxable years
20		beginning on or after July 1, 2017, an amount equal to 7%
21		of the taxpayer's net income for the taxable year.
22		The rates under this subsection (b) are subject to the
23		provisions of Section 201.5.
24		(b-5) Surcharge; sale or exchange of assets, properties,
25		and intangibles of organization gaming licensees. For each of
26		taxable years 2019 through 2027, a surcharge is imposed on all

HB4844 Engrossed - 364 - LRB103 39009 AMC 69146 b
1		taxpayers on income arising from the sale or exchange of
2		capital assets, depreciable business property, real property
3		used in the trade or business, and Section 197 intangibles (i)
4		of an organization licensee under the Illinois Horse Racing
5		Act of 1975 and (ii) of an organization gaming licensee under
6		the Illinois Gambling Act. The amount of the surcharge is
7		equal to the amount of federal income tax liability for the
8		taxable year attributable to those sales and exchanges. The
9		surcharge imposed shall not apply if:
10		(1) the organization gaming license, organization
11		license, or racetrack property is transferred as a result
12		of any of the following:
13		(A) bankruptcy, a receivership, or a debt
14		adjustment initiated by or against the initial
15		licensee or the substantial owners of the initial
16		licensee;
17		(B) cancellation, revocation, or termination of
18		any such license by the Illinois Gaming Board or the
19		Illinois Racing Board;
20		(C) a determination by the Illinois Gaming Board
21		that transfer of the license is in the best interests
22		of Illinois gaming;
23		(D) the death of an owner of the equity interest in
24		a licensee;
25		(E) the acquisition of a controlling interest in
26		the stock or substantially all of the assets of a

HB4844 Engrossed - 365 - LRB103 39009 AMC 69146 b
1		publicly traded company;
2		(F) a transfer by a parent company to a wholly
3		owned subsidiary; or
4		(G) the transfer or sale to or by one person to
5		another person where both persons were initial owners
6		of the license when the license was issued; or
7		(2) the controlling interest in the organization
8		gaming license, organization license, or racetrack
9		property is transferred in a transaction to lineal
10		descendants in which no gain or loss is recognized or as a
11		result of a transaction in accordance with Section 351 of
12		the Internal Revenue Code in which no gain or loss is
13		recognized; or
14		(3) live horse racing was not conducted in 2010 at a
15		racetrack located within 3 miles of the Mississippi River
16		under a license issued pursuant to the Illinois Horse
17		Racing Act of 1975.
18		The transfer of an organization gaming license,
19		organization license, or racetrack property by a person other
20		than the initial licensee to receive the organization gaming
21		license is not subject to a surcharge. The Department shall
22		adopt rules necessary to implement and administer this
23		subsection.
24		(c) Personal Property Tax Replacement Income Tax.
25		Beginning on July 1, 1979 and thereafter, in addition to such
26		income tax, there is also hereby imposed the Personal Property

HB4844 Engrossed - 366 - LRB103 39009 AMC 69146 b
1		Tax Replacement Income Tax measured by net income on every
2		corporation (including Subchapter S corporations), partnership
3		and trust, for each taxable year ending after June 30, 1979.
4		Such taxes are imposed on the privilege of earning or
5		receiving income in or as a resident of this State. The
6		Personal Property Tax Replacement Income Tax shall be in
7		addition to the income tax imposed by subsections (a) and (b)
8		of this Section and in addition to all other occupation or
9		privilege taxes imposed by this State or by any municipal
10		corporation or political subdivision thereof.
11		(d) Additional Personal Property Tax Replacement Income
12		Tax Rates. The personal property tax replacement income tax
13		imposed by this subsection and subsection (c) of this Section
14		in the case of a corporation, other than a Subchapter S
15		corporation and except as adjusted by subsection (d-1), shall
16		be an additional amount equal to 2.85% of such taxpayer's net
17		income for the taxable year, except that beginning on January
18		1, 1981, and thereafter, the rate of 2.85% specified in this
19		subsection shall be reduced to 2.5%, and in the case of a
20		partnership, trust or a Subchapter S corporation shall be an
21		additional amount equal to 1.5% of such taxpayer's net income
22		for the taxable year.
23		(d-1) Rate reduction for certain foreign insurers. In the
24		case of a foreign insurer, as defined by Section 35A-5 of the
25		Illinois Insurance Code, whose state or country of domicile
26		imposes on insurers domiciled in Illinois a retaliatory tax

HB4844 Engrossed - 367 - LRB103 39009 AMC 69146 b
1		(excluding any insurer whose premiums from reinsurance assumed
2		are 50% or more of its total insurance premiums as determined
3		under paragraph (2) of subsection (b) of Section 304, except
4		that for purposes of this determination premiums from
5		reinsurance do not include premiums from inter-affiliate
6		reinsurance arrangements), beginning with taxable years ending
7		on or after December 31, 1999, the sum of the rates of tax
8		imposed by subsections (b) and (d) shall be reduced (but not
9		increased) to the rate at which the total amount of tax imposed
10		under this Act, net of all credits allowed under this Act,
11		shall equal (i) the total amount of tax that would be imposed
12		on the foreign insurer's net income allocable to Illinois for
13		the taxable year by such foreign insurer's state or country of
14		domicile if that net income were subject to all income taxes
15		and taxes measured by net income imposed by such foreign
16		insurer's state or country of domicile, net of all credits
17		allowed or (ii) a rate of zero if no such tax is imposed on
18		such income by the foreign insurer's state of domicile. For
19		the purposes of this subsection (d-1), an inter-affiliate
20		includes a mutual insurer under common management.
21		(1) For the purposes of subsection (d-1), in no event
22		shall the sum of the rates of tax imposed by subsections
23		(b) and (d) be reduced below the rate at which the sum of:
24		(A) the total amount of tax imposed on such
25		foreign insurer under this Act for a taxable year, net
26		of all credits allowed under this Act, plus

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1		(B) the privilege tax imposed by Section 409 of
2		the Illinois Insurance Code, the fire insurance
3		company tax imposed by Section 12 of the Fire
4		Investigation Act, and the fire department taxes
5		imposed under Section 11-10-1 of the Illinois
6		Municipal Code,
7		equals 1.25% for taxable years ending prior to December
8		31, 2003, or 1.75% for taxable years ending on or after
9		December 31, 2003, of the net taxable premiums written for
10		the taxable year, as described by subsection (1) of
11		Section 409 of the Illinois Insurance Code. This paragraph
12		will in no event increase the rates imposed under
13		subsections (b) and (d).
14		(2) Any reduction in the rates of tax imposed by this
15		subsection shall be applied first against the rates
16		imposed by subsection (b) and only after the tax imposed
17		by subsection (a) net of all credits allowed under this
18		Section other than the credit allowed under subsection (i)
19		has been reduced to zero, against the rates imposed by
20		subsection (d).
21		This subsection (d-1) is exempt from the provisions of
22		Section 250.
23		(e) Investment credit. A taxpayer shall be allowed a
24		credit against the Personal Property Tax Replacement Income
25		Tax for investment in qualified property.
26		(1) A taxpayer shall be allowed a credit equal to .5%

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1		of the basis of qualified property placed in service
2		during the taxable year, provided such property is placed
3		in service on or after July 1, 1984. There shall be allowed
4		an additional credit equal to .5% of the basis of
5		qualified property placed in service during the taxable
6		year, provided such property is placed in service on or
7		after July 1, 1986, and the taxpayer's base employment
8		within Illinois has increased by 1% or more over the
9		preceding year as determined by the taxpayer's employment
10		records filed with the Illinois Department of Employment
11		Security. Taxpayers who are new to Illinois shall be
12		deemed to have met the 1% growth in base employment for the
13		first year in which they file employment records with the
14		Illinois Department of Employment Security. The provisions
15		added to this Section by Public Act 85-1200 (and restored
16		by Public Act 87-895) shall be construed as declaratory of
17		existing law and not as a new enactment. If, in any year,
18		the increase in base employment within Illinois over the
19		preceding year is less than 1%, the additional credit
20		shall be limited to that percentage times a fraction, the
21		numerator of which is .5% and the denominator of which is
22		1%, but shall not exceed .5%. The investment credit shall
23		not be allowed to the extent that it would reduce a
24		taxpayer's liability in any tax year below zero, nor may
25		any credit for qualified property be allowed for any year
26		other than the year in which the property was placed in

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1		service in Illinois. For tax years ending on or after
2		December 31, 1987, and on or before December 31, 1988, the
3		credit shall be allowed for the tax year in which the
4		property is placed in service, or, if the amount of the
5		credit exceeds the tax liability for that year, whether it
6		exceeds the original liability or the liability as later
7		amended, such excess may be carried forward and applied to
8		the tax liability of the 5 taxable years following the
9		excess credit years if the taxpayer (i) makes investments
10		which cause the creation of a minimum of 2,000 full-time
11		equivalent jobs in Illinois, (ii) is located in an
12		enterprise zone established pursuant to the Illinois
13		Enterprise Zone Act and (iii) is certified by the
14		Department of Commerce and Community Affairs (now
15		Department of Commerce and Economic Opportunity) as
16		complying with the requirements specified in clause (i)
17		and (ii) by July 1, 1986. The Department of Commerce and
18		Community Affairs (now Department of Commerce and Economic
19		Opportunity) shall notify the Department of Revenue of all
20		such certifications immediately. For tax years ending
21		after December 31, 1988, the credit shall be allowed for
22		the tax year in which the property is placed in service,
23		or, if the amount of the credit exceeds the tax liability
24		for that year, whether it exceeds the original liability
25		or the liability as later amended, such excess may be
26		carried forward and applied to the tax liability of the 5

HB4844 Engrossed - 371 - LRB103 39009 AMC 69146 b
1		taxable years following the excess credit years. The
2		credit shall be applied to the earliest year for which
3		there is a liability. If there is credit from more than one
4		tax year that is available to offset a liability, earlier
5		credit shall be applied first.
6		(2) The term "qualified property" means property
7		which:
8		(A) is tangible, whether new or used, including
9		buildings and structural components of buildings and
10		signs that are real property, but not including land
11		or improvements to real property that are not a
12		structural component of a building such as
13		landscaping, sewer lines, local access roads, fencing,
14		parking lots, and other appurtenances;
15		(B) is depreciable pursuant to Section 167 of the
16		Internal Revenue Code, except that "3-year property"
17		as defined in Section 168(c)(2)(A) of that Code is not
18		eligible for the credit provided by this subsection
19		(e);
20		(C) is acquired by purchase as defined in Section
21		179(d) of the Internal Revenue Code;
22		(D) is used in Illinois by a taxpayer who is
23		primarily engaged in manufacturing, or in mining coal
24		or fluorite, or in retailing, or was placed in service
25		on or after July 1, 2006 in a River Edge Redevelopment
26		Zone established pursuant to the River Edge

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1		Redevelopment Zone Act; and
2		(E) has not previously been used in Illinois in
3		such a manner and by such a person as would qualify for
4		the credit provided by this subsection (e) or
5		subsection (f).
6		(3) For purposes of this subsection (e),
7		"manufacturing" means the material staging and production
8		of tangible personal property by procedures commonly
9		regarded as manufacturing, processing, fabrication, or
10		assembling which changes some existing material into new
11		shapes, new qualities, or new combinations. For purposes
12		of this subsection (e) the term "mining" shall have the
13		same meaning as the term "mining" in Section 613(c) of the
14		Internal Revenue Code. For purposes of this subsection
15		(e), the term "retailing" means the sale of tangible
16		personal property for use or consumption and not for
17		resale, or services rendered in conjunction with the sale
18		of tangible personal property for use or consumption and
19		not for resale. For purposes of this subsection (e),
20		"tangible personal property" has the same meaning as when
21		that term is used in the Retailers' Occupation Tax Act,
22		and, for taxable years ending after December 31, 2008,
23		does not include the generation, transmission, or
24		distribution of electricity.
25		(4) The basis of qualified property shall be the basis
26		used to compute the depreciation deduction for federal

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1		income tax purposes.
2		(5) If the basis of the property for federal income
3		tax depreciation purposes is increased after it has been
4		placed in service in Illinois by the taxpayer, the amount
5		of such increase shall be deemed property placed in
6		service on the date of such increase in basis.
7		(6) The term "placed in service" shall have the same
8		meaning as under Section 46 of the Internal Revenue Code.
9		(7) If during any taxable year, any property ceases to
10		be qualified property in the hands of the taxpayer within
11		48 months after being placed in service, or the situs of
12		any qualified property is moved outside Illinois within 48
13		months after being placed in service, the Personal
14		Property Tax Replacement Income Tax for such taxable year
15		shall be increased. Such increase shall be determined by
16		(i) recomputing the investment credit which would have
17		been allowed for the year in which credit for such
18		property was originally allowed by eliminating such
19		property from such computation and, (ii) subtracting such
20		recomputed credit from the amount of credit previously
21		allowed. For the purposes of this paragraph (7), a
22		reduction of the basis of qualified property resulting
23		from a redetermination of the purchase price shall be
24		deemed a disposition of qualified property to the extent
25		of such reduction.
26		(8) Unless the investment credit is extended by law,

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1		the basis of qualified property shall not include costs
2		incurred after December 31, 2018, except for costs
3		incurred pursuant to a binding contract entered into on or
4		before December 31, 2018.
5		(9) Each taxable year ending before December 31, 2000,
6		a partnership may elect to pass through to its partners
7		the credits to which the partnership is entitled under
8		this subsection (e) for the taxable year. A partner may
9		use the credit allocated to him or her under this
10		paragraph only against the tax imposed in subsections (c)
11		and (d) of this Section. If the partnership makes that
12		election, those credits shall be allocated among the
13		partners in the partnership in accordance with the rules
14		set forth in Section 704(b) of the Internal Revenue Code,
15		and the rules promulgated under that Section, and the
16		allocated amount of the credits shall be allowed to the
17		partners for that taxable year. The partnership shall make
18		this election on its Personal Property Tax Replacement
19		Income Tax return for that taxable year. The election to
20		pass through the credits shall be irrevocable.
21		For taxable years ending on or after December 31,
22		2000, a partner that qualifies its partnership for a
23		subtraction under subparagraph (I) of paragraph (2) of
24		subsection (d) of Section 203 or a shareholder that
25		qualifies a Subchapter S corporation for a subtraction
26		under subparagraph (S) of paragraph (2) of subsection (b)

HB4844 Engrossed - 375 - LRB103 39009 AMC 69146 b
1		of Section 203 shall be allowed a credit under this
2		subsection (e) equal to its share of the credit earned
3		under this subsection (e) during the taxable year by the
4		partnership or Subchapter S corporation, determined in
5		accordance with the determination of income and
6		distributive share of income under Sections 702 and 704
7		and Subchapter S of the Internal Revenue Code. This
8		paragraph is exempt from the provisions of Section 250.
9		(f) Investment credit; Enterprise Zone; River Edge
10		Redevelopment Zone.
11		(1) A taxpayer shall be allowed a credit against the
12		tax imposed by subsections (a) and (b) of this Section for
13		investment in qualified property which is placed in
14		service in an Enterprise Zone created pursuant to the
15		Illinois Enterprise Zone Act or, for property placed in
16		service on or after July 1, 2006, a River Edge
17		Redevelopment Zone established pursuant to the River Edge
18		Redevelopment Zone Act. For partners, shareholders of
19		Subchapter S corporations, and owners of limited liability
20		companies, if the liability company is treated as a
21		partnership for purposes of federal and State income
22		taxation, for taxable years ending before December 31,
23		2023, there shall be allowed a credit under this
24		subsection (f) to be determined in accordance with the
25		determination of income and distributive share of income
26		under Sections 702 and 704 and Subchapter S of the

HB4844 Engrossed - 376 - LRB103 39009 AMC 69146 b
1		Internal Revenue Code. For taxable years ending on or
2		after December 31, 2023, for partners and shareholders of
3		Subchapter S corporations, the provisions of Section 251
4		shall apply with respect to the credit under this
5		subsection. The credit shall be .5% of the basis for such
6		property. The credit shall be available only in the
7		taxable year in which the property is placed in service in
8		the Enterprise Zone or River Edge Redevelopment Zone and
9		shall not be allowed to the extent that it would reduce a
10		taxpayer's liability for the tax imposed by subsections
11		(a) and (b) of this Section to below zero. For tax years
12		ending on or after December 31, 1985, the credit shall be
13		allowed for the tax year in which the property is placed in
14		service, or, if the amount of the credit exceeds the tax
15		liability for that year, whether it exceeds the original
16		liability or the liability as later amended, such excess
17		may be carried forward and applied to the tax liability of
18		the 5 taxable years following the excess credit year. The
19		credit shall be applied to the earliest year for which
20		there is a liability. If there is credit from more than one
21		tax year that is available to offset a liability, the
22		credit accruing first in time shall be applied first.
23		(2) The term qualified property means property which:
24		(A) is tangible, whether new or used, including
25		buildings and structural components of buildings;
26		(B) is depreciable pursuant to Section 167 of the

HB4844 Engrossed - 377 - LRB103 39009 AMC 69146 b
1		Internal Revenue Code, except that "3-year property"
2		as defined in Section 168(c)(2)(A) of that Code is not
3		eligible for the credit provided by this subsection
4		(f);
5		(C) is acquired by purchase as defined in Section
6		179(d) of the Internal Revenue Code;
7		(D) is used in the Enterprise Zone or River Edge
8		Redevelopment Zone by the taxpayer; and
9		(E) has not been previously used in Illinois in
10		such a manner and by such a person as would qualify for
11		the credit provided by this subsection (f) or
12		subsection (e).
13		(3) The basis of qualified property shall be the basis
14		used to compute the depreciation deduction for federal
15		income tax purposes.
16		(4) If the basis of the property for federal income
17		tax depreciation purposes is increased after it has been
18		placed in service in the Enterprise Zone or River Edge
19		Redevelopment Zone by the taxpayer, the amount of such
20		increase shall be deemed property placed in service on the
21		date of such increase in basis.
22		(5) The term "placed in service" shall have the same
23		meaning as under Section 46 of the Internal Revenue Code.
24		(6) If during any taxable year, any property ceases to
25		be qualified property in the hands of the taxpayer within
26		48 months after being placed in service, or the situs of

HB4844 Engrossed - 378 - LRB103 39009 AMC 69146 b
1		any qualified property is moved outside the Enterprise
2		Zone or River Edge Redevelopment Zone within 48 months
3		after being placed in service, the tax imposed under
4		subsections (a) and (b) of this Section for such taxable
5		year shall be increased. Such increase shall be determined
6		by (i) recomputing the investment credit which would have
7		been allowed for the year in which credit for such
8		property was originally allowed by eliminating such
9		property from such computation, and (ii) subtracting such
10		recomputed credit from the amount of credit previously
11		allowed. For the purposes of this paragraph (6), a
12		reduction of the basis of qualified property resulting
13		from a redetermination of the purchase price shall be
14		deemed a disposition of qualified property to the extent
15		of such reduction.
16		(7) There shall be allowed an additional credit equal
17		to 0.5% of the basis of qualified property placed in
18		service during the taxable year in a River Edge
19		Redevelopment Zone, provided such property is placed in
20		service on or after July 1, 2006, and the taxpayer's base
21		employment within Illinois has increased by 1% or more
22		over the preceding year as determined by the taxpayer's
23		employment records filed with the Illinois Department of
24		Employment Security. Taxpayers who are new to Illinois
25		shall be deemed to have met the 1% growth in base
26		employment for the first year in which they file

HB4844 Engrossed - 379 - LRB103 39009 AMC 69146 b
1		employment records with the Illinois Department of
2		Employment Security. If, in any year, the increase in base
3		employment within Illinois over the preceding year is less
4		than 1%, the additional credit shall be limited to that
5		percentage times a fraction, the numerator of which is
6		0.5% and the denominator of which is 1%, but shall not
7		exceed 0.5%.
8		(8) For taxable years beginning on or after January 1,
9		2021, there shall be allowed an Enterprise Zone
10		construction jobs credit against the taxes imposed under
11		subsections (a) and (b) of this Section as provided in
12		Section 13 of the Illinois Enterprise Zone Act.
13		The credit or credits may not reduce the taxpayer's
14		liability to less than zero. If the amount of the credit or
15		credits exceeds the taxpayer's liability, the excess may
16		be carried forward and applied against the taxpayer's
17		liability in succeeding calendar years in the same manner
18		provided under paragraph (4) of Section 211 of this Act.
19		The credit or credits shall be applied to the earliest
20		year for which there is a tax liability. If there are
21		credits from more than one taxable year that are available
22		to offset a liability, the earlier credit shall be applied
23		first.
24		For partners, shareholders of Subchapter S
25		corporations, and owners of limited liability companies,
26		if the liability company is treated as a partnership for

HB4844 Engrossed - 380 - LRB103 39009 AMC 69146 b
1		the purposes of federal and State income taxation, for
2		taxable years ending before December 31, 2023, there shall
3		be allowed a credit under this Section to be determined in
4		accordance with the determination of income and
5		distributive share of income under Sections 702 and 704
6		and Subchapter S of the Internal Revenue Code. For taxable
7		years ending on or after December 31, 2023, for partners
8		and shareholders of Subchapter S corporations, the
9		provisions of Section 251 shall apply with respect to the
10		credit under this subsection.
11		The total aggregate amount of credits awarded under
12		the Blue Collar Jobs Act (Article 20 of Public Act 101-9)
13		shall not exceed $20,000,000 in any State fiscal year.
14		This paragraph (8) is exempt from the provisions of
15		Section 250.
16		(g) (Blank).
17		(h) Investment credit; High Impact Business.
18		(1) Subject to subsections (b) and (b-5) of Section
19		5.5 of the Illinois Enterprise Zone Act, a taxpayer shall
20		be allowed a credit against the tax imposed by subsections
21		(a) and (b) of this Section for investment in qualified
22		property which is placed in service by a Department of
23		Commerce and Economic Opportunity designated High Impact
24		Business. The credit shall be .5% of the basis for such
25		property. The credit shall not be available (i) until the
26		minimum investments in qualified property set forth in

HB4844 Engrossed - 381 - LRB103 39009 AMC 69146 b
1		subdivision (a)(3)(A) of Section 5.5 of the Illinois
2		Enterprise Zone Act have been satisfied or (ii) until the
3		time authorized in subsection (b-5) of the Illinois
4		Enterprise Zone Act for entities designated as High Impact
5		Businesses under subdivisions (a)(3)(B), (a)(3)(C), and
6		(a)(3)(D) of Section 5.5 of the Illinois Enterprise Zone
7		Act, and shall not be allowed to the extent that it would
8		reduce a taxpayer's liability for the tax imposed by
9		subsections (a) and (b) of this Section to below zero. The
10		credit applicable to such investments shall be taken in
11		the taxable year in which such investments have been
12		completed. The credit for additional investments beyond
13		the minimum investment by a designated high impact
14		business authorized under subdivision (a)(3)(A) of Section
15		5.5 of the Illinois Enterprise Zone Act shall be available
16		only in the taxable year in which the property is placed in
17		service and shall not be allowed to the extent that it
18		would reduce a taxpayer's liability for the tax imposed by
19		subsections (a) and (b) of this Section to below zero. For
20		tax years ending on or after December 31, 1987, the credit
21		shall be allowed for the tax year in which the property is
22		placed in service, or, if the amount of the credit exceeds
23		the tax liability for that year, whether it exceeds the
24		original liability or the liability as later amended, such
25		excess may be carried forward and applied to the tax
26		liability of the 5 taxable years following the excess

HB4844 Engrossed - 382 - LRB103 39009 AMC 69146 b
1		credit year. The credit shall be applied to the earliest
2		year for which there is a liability. If there is credit
3		from more than one tax year that is available to offset a
4		liability, the credit accruing first in time shall be
5		applied first.
6		Changes made in this subdivision (h)(1) by Public Act
7		88-670 restore changes made by Public Act 85-1182 and
8		reflect existing law.
9		(2) The term qualified property means property which:
10		(A) is tangible, whether new or used, including
11		buildings and structural components of buildings;
12		(B) is depreciable pursuant to Section 167 of the
13		Internal Revenue Code, except that "3-year property"
14		as defined in Section 168(c)(2)(A) of that Code is not
15		eligible for the credit provided by this subsection
16		(h);
17		(C) is acquired by purchase as defined in Section
18		179(d) of the Internal Revenue Code; and
19		(D) is not eligible for the Enterprise Zone
20		Investment Credit provided by subsection (f) of this
21		Section.
22		(3) The basis of qualified property shall be the basis
23		used to compute the depreciation deduction for federal
24		income tax purposes.
25		(4) If the basis of the property for federal income
26		tax depreciation purposes is increased after it has been

HB4844 Engrossed - 383 - LRB103 39009 AMC 69146 b
1		placed in service in a federally designated Foreign Trade
2		Zone or Sub-Zone located in Illinois by the taxpayer, the
3		amount of such increase shall be deemed property placed in
4		service on the date of such increase in basis.
5		(5) The term "placed in service" shall have the same
6		meaning as under Section 46 of the Internal Revenue Code.
7		(6) If during any taxable year ending on or before
8		December 31, 1996, any property ceases to be qualified
9		property in the hands of the taxpayer within 48 months
10		after being placed in service, or the situs of any
11		qualified property is moved outside Illinois within 48
12		months after being placed in service, the tax imposed
13		under subsections (a) and (b) of this Section for such
14		taxable year shall be increased. Such increase shall be
15		determined by (i) recomputing the investment credit which
16		would have been allowed for the year in which credit for
17		such property was originally allowed by eliminating such
18		property from such computation, and (ii) subtracting such
19		recomputed credit from the amount of credit previously
20		allowed. For the purposes of this paragraph (6), a
21		reduction of the basis of qualified property resulting
22		from a redetermination of the purchase price shall be
23		deemed a disposition of qualified property to the extent
24		of such reduction.
25		(7) Beginning with tax years ending after December 31,
26		1996, if a taxpayer qualifies for the credit under this

HB4844 Engrossed - 384 - LRB103 39009 AMC 69146 b
1		subsection (h) and thereby is granted a tax abatement and
2		the taxpayer relocates its entire facility in violation of
3		the explicit terms and length of the contract under
4		Section 18-183 of the Property Tax Code, the tax imposed
5		under subsections (a) and (b) of this Section shall be
6		increased for the taxable year in which the taxpayer
7		relocated its facility by an amount equal to the amount of
8		credit received by the taxpayer under this subsection (h).
9		(h-5) High Impact Business construction jobs credit. For
10		taxable years beginning on or after January 1, 2021, there
11		shall also be allowed a High Impact Business construction jobs
12		credit against the tax imposed under subsections (a) and (b)
13		of this Section as provided in subsections (i) and (j) of
14		Section 5.5 of the Illinois Enterprise Zone Act.
15		The credit or credits may not reduce the taxpayer's
16		liability to less than zero. If the amount of the credit or
17		credits exceeds the taxpayer's liability, the excess may be
18		carried forward and applied against the taxpayer's liability
19		in succeeding calendar years in the manner provided under
20		paragraph (4) of Section 211 of this Act. The credit or credits
21		shall be applied to the earliest year for which there is a tax
22		liability. If there are credits from more than one taxable
23		year that are available to offset a liability, the earlier
24		credit shall be applied first.
25		For partners, shareholders of Subchapter S corporations,
26		and owners of limited liability companies, for taxable years

HB4844 Engrossed - 385 - LRB103 39009 AMC 69146 b
1		ending before December 31, 2023, if the liability company is
2		treated as a partnership for the purposes of federal and State
3		income taxation, there shall be allowed a credit under this
4		Section to be determined in accordance with the determination
5		of income and distributive share of income under Sections 702
6		and 704 and Subchapter S of the Internal Revenue Code. For
7		taxable years ending on or after December 31, 2023, for
8		partners and shareholders of Subchapter S corporations, the
9		provisions of Section 251 shall apply with respect to the
10		credit under this subsection.
11		The total aggregate amount of credits awarded under the
12		Blue Collar Jobs Act (Article 20 of Public Act 101-9) shall not
13		exceed $20,000,000 in any State fiscal year.
14		This subsection (h-5) is exempt from the provisions of
15		Section 250.
16		(i) Credit for Personal Property Tax Replacement Income
17		Tax. For tax years ending prior to December 31, 2003, a credit
18		shall be allowed against the tax imposed by subsections (a)
19		and (b) of this Section for the tax imposed by subsections (c)
20		and (d) of this Section. This credit shall be computed by
21		multiplying the tax imposed by subsections (c) and (d) of this
22		Section by a fraction, the numerator of which is base income
23		allocable to Illinois and the denominator of which is Illinois
24		base income, and further multiplying the product by the tax
25		rate imposed by subsections (a) and (b) of this Section.
26		Any credit earned on or after December 31, 1986 under this

HB4844 Engrossed - 386 - LRB103 39009 AMC 69146 b
1		subsection which is unused in the year the credit is computed
2		because it exceeds the tax liability imposed by subsections
3		(a) and (b) for that year (whether it exceeds the original
4		liability or the liability as later amended) may be carried
5		forward and applied to the tax liability imposed by
6		subsections (a) and (b) of the 5 taxable years following the
7		excess credit year, provided that no credit may be carried
8		forward to any year ending on or after December 31, 2003. This
9		credit shall be applied first to the earliest year for which
10		there is a liability. If there is a credit under this
11		subsection from more than one tax year that is available to
12		offset a liability the earliest credit arising under this
13		subsection shall be applied first.
14		If, during any taxable year ending on or after December
15		31, 1986, the tax imposed by subsections (c) and (d) of this
16		Section for which a taxpayer has claimed a credit under this
17		subsection (i) is reduced, the amount of credit for such tax
18		shall also be reduced. Such reduction shall be determined by
19		recomputing the credit to take into account the reduced tax
20		imposed by subsections (c) and (d). If any portion of the
21		reduced amount of credit has been carried to a different
22		taxable year, an amended return shall be filed for such
23		taxable year to reduce the amount of credit claimed.
24		(j) Training expense credit. Beginning with tax years
25		ending on or after December 31, 1986 and prior to December 31,
26		2003, a taxpayer shall be allowed a credit against the tax

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1		imposed by subsections (a) and (b) under this Section for all
2		amounts paid or accrued, on behalf of all persons employed by
3		the taxpayer in Illinois or Illinois residents employed
4		outside of Illinois by a taxpayer, for educational or
5		vocational training in semi-technical or technical fields or
6		semi-skilled or skilled fields, which were deducted from gross
7		income in the computation of taxable income. The credit
8		against the tax imposed by subsections (a) and (b) shall be
9		1.6% of such training expenses. For partners, shareholders of
10		subchapter S corporations, and owners of limited liability
11		companies, if the liability company is treated as a
12		partnership for purposes of federal and State income taxation,
13		for taxable years ending before December 31, 2023, there shall
14		be allowed a credit under this subsection (j) to be determined
15		in accordance with the determination of income and
16		distributive share of income under Sections 702 and 704 and
17		subchapter S of the Internal Revenue Code. For taxable years
18		ending on or after December 31, 2023, for partners and
19		shareholders of Subchapter S corporations, the provisions of
20		Section 251 shall apply with respect to the credit under this
21		subsection.
22		Any credit allowed under this subsection which is unused
23		in the year the credit is earned may be carried forward to each
24		of the 5 taxable years following the year for which the credit
25		is first computed until it is used. This credit shall be
26		applied first to the earliest year for which there is a

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1		liability. If there is a credit under this subsection from
2		more than one tax year that is available to offset a liability,
3		the earliest credit arising under this subsection shall be
4		applied first. No carryforward credit may be claimed in any
5		tax year ending on or after December 31, 2003.
6		(k) Research and development credit. For tax years ending
7		after July 1, 1990 and prior to December 31, 2003, and
8		beginning again for tax years ending on or after December 31,
9		2004, and ending prior to January 1, 2027, a taxpayer shall be
10		allowed a credit against the tax imposed by subsections (a)
11		and (b) of this Section for increasing research activities in
12		this State. The credit allowed against the tax imposed by
13		subsections (a) and (b) shall be equal to 6 1/2% of the
14		qualifying expenditures for increasing research activities in
15		this State. For partners, shareholders of subchapter S
16		corporations, and owners of limited liability companies, if
17		the liability company is treated as a partnership for purposes
18		of federal and State income taxation, for taxable years ending
19		before December 31, 2023, there shall be allowed a credit
20		under this subsection to be determined in accordance with the
21		determination of income and distributive share of income under
22		Sections 702 and 704 and subchapter S of the Internal Revenue
23		Code. For taxable years ending on or after December 31, 2023,
24		for partners and shareholders of Subchapter S corporations,
25		the provisions of Section 251 shall apply with respect to the
26		credit under this subsection.

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1		For purposes of this subsection, "qualifying expenditures"
2		means the qualifying expenditures as defined for the federal
3		credit for increasing research activities which would be
4		allowable under Section 41 of the Internal Revenue Code and
5		which are conducted in this State, "qualifying expenditures
6		for increasing research activities in this State" means the
7		excess of qualifying expenditures for the taxable year in
8		which incurred over qualifying expenditures for the base
9		period, "qualifying expenditures for the base period" means
10		the average of the qualifying expenditures for each year in
11		the base period, and "base period" means the 3 taxable years
12		immediately preceding the taxable year for which the
13		determination is being made.
14		Any credit in excess of the tax liability for the taxable
15		year may be carried forward. A taxpayer may elect to have the
16		unused credit shown on its final completed return carried over
17		as a credit against the tax liability for the following 5
18		taxable years or until it has been fully used, whichever
19		occurs first; provided that no credit earned in a tax year
20		ending prior to December 31, 2003 may be carried forward to any
21		year ending on or after December 31, 2003.
22		If an unused credit is carried forward to a given year from
23		2 or more earlier years, that credit arising in the earliest
24		year will be applied first against the tax liability for the
25		given year. If a tax liability for the given year still
26		remains, the credit from the next earliest year will then be

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1		applied, and so on, until all credits have been used or no tax
2		liability for the given year remains. Any remaining unused
3		credit or credits then will be carried forward to the next
4		following year in which a tax liability is incurred, except
5		that no credit can be carried forward to a year which is more
6		than 5 years after the year in which the expense for which the
7		credit is given was incurred.
8		No inference shall be drawn from Public Act 91-644 in
9		construing this Section for taxable years beginning before
10		January 1, 1999.
11		It is the intent of the General Assembly that the research
12		and development credit under this subsection (k) shall apply
13		continuously for all tax years ending on or after December 31,
14		2004 and ending prior to January 1, 2027, including, but not
15		limited to, the period beginning on January 1, 2016 and ending
16		on July 6, 2017 (the effective date of Public Act 100-22). All
17		actions taken in reliance on the continuation of the credit
18		under this subsection (k) by any taxpayer are hereby
19		validated.
20		(l) Environmental Remediation Tax Credit.
21		(i) For tax years ending after December 31, 1997 and
22		on or before December 31, 2001, a taxpayer shall be
23		allowed a credit against the tax imposed by subsections
24		(a) and (b) of this Section for certain amounts paid for
25		unreimbursed eligible remediation costs, as specified in
26		this subsection. For purposes of this Section,

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1		"unreimbursed eligible remediation costs" means costs
2		approved by the Illinois Environmental Protection Agency
3		("Agency") under Section 58.14 of the Environmental
4		Protection Act that were paid in performing environmental
5		remediation at a site for which a No Further Remediation
6		Letter was issued by the Agency and recorded under Section
7		58.10 of the Environmental Protection Act. The credit must
8		be claimed for the taxable year in which Agency approval
9		of the eligible remediation costs is granted. The credit
10		is not available to any taxpayer if the taxpayer or any
11		related party caused or contributed to, in any material
12		respect, a release of regulated substances on, in, or
13		under the site that was identified and addressed by the
14		remedial action pursuant to the Site Remediation Program
15		of the Environmental Protection Act. After the Pollution
16		Control Board rules are adopted pursuant to the Illinois
17		Administrative Procedure Act for the administration and
18		enforcement of Section 58.9 of the Environmental
19		Protection Act, determinations as to credit availability
20		for purposes of this Section shall be made consistent with
21		those rules. For purposes of this Section, "taxpayer"
22		includes a person whose tax attributes the taxpayer has
23		succeeded to under Section 381 of the Internal Revenue
24		Code and "related party" includes the persons disallowed a
25		deduction for losses by paragraphs (b), (c), and (f)(1) of
26		Section 267 of the Internal Revenue Code by virtue of

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1		being a related taxpayer, as well as any of its partners.
2		The credit allowed against the tax imposed by subsections
3		(a) and (b) shall be equal to 25% of the unreimbursed
4		eligible remediation costs in excess of $100,000 per site,
5		except that the $100,000 threshold shall not apply to any
6		site contained in an enterprise zone as determined by the
7		Department of Commerce and Community Affairs (now
8		Department of Commerce and Economic Opportunity). The
9		total credit allowed shall not exceed $40,000 per year
10		with a maximum total of $150,000 per site. For partners
11		and shareholders of subchapter S corporations, there shall
12		be allowed a credit under this subsection to be determined
13		in accordance with the determination of income and
14		distributive share of income under Sections 702 and 704
15		and subchapter S of the Internal Revenue Code.
16		(ii) A credit allowed under this subsection that is
17		unused in the year the credit is earned may be carried
18		forward to each of the 5 taxable years following the year
19		for which the credit is first earned until it is used. The
20		term "unused credit" does not include any amounts of
21		unreimbursed eligible remediation costs in excess of the
22		maximum credit per site authorized under paragraph (i).
23		This credit shall be applied first to the earliest year
24		for which there is a liability. If there is a credit under
25		this subsection from more than one tax year that is
26		available to offset a liability, the earliest credit

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1		arising under this subsection shall be applied first. A
2		credit allowed under this subsection may be sold to a
3		buyer as part of a sale of all or part of the remediation
4		site for which the credit was granted. The purchaser of a
5		remediation site and the tax credit shall succeed to the
6		unused credit and remaining carry-forward period of the
7		seller. To perfect the transfer, the assignor shall record
8		the transfer in the chain of title for the site and provide
9		written notice to the Director of the Illinois Department
10		of Revenue of the assignor's intent to sell the
11		remediation site and the amount of the tax credit to be
12		transferred as a portion of the sale. In no event may a
13		credit be transferred to any taxpayer if the taxpayer or a
14		related party would not be eligible under the provisions
15		of subsection (i).
16		(iii) For purposes of this Section, the term "site"
17		shall have the same meaning as under Section 58.2 of the
18		Environmental Protection Act.
19		(m) Education expense credit. Beginning with tax years
20		ending after December 31, 1999, a taxpayer who is the
21		custodian of one or more qualifying pupils shall be allowed a
22		credit against the tax imposed by subsections (a) and (b) of
23		this Section for qualified education expenses incurred on
24		behalf of the qualifying pupils. The credit shall be equal to
25		25% of qualified education expenses, but in no event may the
26		total credit under this subsection claimed by a family that is

HB4844 Engrossed - 394 - LRB103 39009 AMC 69146 b
1		the custodian of qualifying pupils exceed (i) $500 for tax
2		years ending prior to December 31, 2017, and (ii) $750 for tax
3		years ending on or after December 31, 2017. In no event shall a
4		credit under this subsection reduce the taxpayer's liability
5		under this Act to less than zero. Notwithstanding any other
6		provision of law, for taxable years beginning on or after
7		January 1, 2017, no taxpayer may claim a credit under this
8		subsection (m) if the taxpayer's adjusted gross income for the
9		taxable year exceeds (i) $500,000, in the case of spouses
10		filing a joint federal tax return or (ii) $250,000, in the case
11		of all other taxpayers. This subsection is exempt from the
12		provisions of Section 250 of this Act.
13		For purposes of this subsection:
14		"Qualifying pupils" means individuals who (i) are
15		residents of the State of Illinois, (ii) are under the age of
16		21 at the close of the school year for which a credit is
17		sought, and (iii) during the school year for which a credit is
18		sought were full-time pupils enrolled in a kindergarten
19		through twelfth grade education program at any school, as
20		defined in this subsection.
21		"Qualified education expense" means the amount incurred on
22		behalf of a qualifying pupil in excess of $250 for tuition,
23		book fees, and lab fees at the school in which the pupil is
24		enrolled during the regular school year.
25		"School" means any public or nonpublic elementary or
26		secondary school in Illinois that is in compliance with Title

HB4844 Engrossed - 395 - LRB103 39009 AMC 69146 b
1		VI of the Civil Rights Act of 1964 and attendance at which
2		satisfies the requirements of Section 26-1 of the School Code,
3		except that nothing shall be construed to require a child to
4		attend any particular public or nonpublic school to qualify
5		for the credit under this Section.
6		"Custodian" means, with respect to qualifying pupils, an
7		Illinois resident who is a parent, the parents, a legal
8		guardian, or the legal guardians of the qualifying pupils.
9		(n) River Edge Redevelopment Zone site remediation tax
10		credit.
11		(i) For tax years ending on or after December 31,
12		2006, a taxpayer shall be allowed a credit against the tax
13		imposed by subsections (a) and (b) of this Section for
14		certain amounts paid for unreimbursed eligible remediation
15		costs, as specified in this subsection. For purposes of
16		this Section, "unreimbursed eligible remediation costs"
17		means costs approved by the Illinois Environmental
18		Protection Agency ("Agency") under Section 58.14a of the
19		Environmental Protection Act that were paid in performing
20		environmental remediation at a site within a River Edge
21		Redevelopment Zone for which a No Further Remediation
22		Letter was issued by the Agency and recorded under Section
23		58.10 of the Environmental Protection Act. The credit must
24		be claimed for the taxable year in which Agency approval
25		of the eligible remediation costs is granted. The credit
26		is not available to any taxpayer if the taxpayer or any

HB4844 Engrossed - 396 - LRB103 39009 AMC 69146 b
1		related party caused or contributed to, in any material
2		respect, a release of regulated substances on, in, or
3		under the site that was identified and addressed by the
4		remedial action pursuant to the Site Remediation Program
5		of the Environmental Protection Act. Determinations as to
6		credit availability for purposes of this Section shall be
7		made consistent with rules adopted by the Pollution
8		Control Board pursuant to the Illinois Administrative
9		Procedure Act for the administration and enforcement of
10		Section 58.9 of the Environmental Protection Act. For
11		purposes of this Section, "taxpayer" includes a person
12		whose tax attributes the taxpayer has succeeded to under
13		Section 381 of the Internal Revenue Code and "related
14		party" includes the persons disallowed a deduction for
15		losses by paragraphs (b), (c), and (f)(1) of Section 267
16		of the Internal Revenue Code by virtue of being a related
17		taxpayer, as well as any of its partners. The credit
18		allowed against the tax imposed by subsections (a) and (b)
19		shall be equal to 25% of the unreimbursed eligible
20		remediation costs in excess of $100,000 per site.
21		(ii) A credit allowed under this subsection that is
22		unused in the year the credit is earned may be carried
23		forward to each of the 5 taxable years following the year
24		for which the credit is first earned until it is used. This
25		credit shall be applied first to the earliest year for
26		which there is a liability. If there is a credit under this

HB4844 Engrossed - 397 - LRB103 39009 AMC 69146 b
1		subsection from more than one tax year that is available
2		to offset a liability, the earliest credit arising under
3		this subsection shall be applied first. A credit allowed
4		under this subsection may be sold to a buyer as part of a
5		sale of all or part of the remediation site for which the
6		credit was granted. The purchaser of a remediation site
7		and the tax credit shall succeed to the unused credit and
8		remaining carry-forward period of the seller. To perfect
9		the transfer, the assignor shall record the transfer in
10		the chain of title for the site and provide written notice
11		to the Director of the Illinois Department of Revenue of
12		the assignor's intent to sell the remediation site and the
13		amount of the tax credit to be transferred as a portion of
14		the sale. In no event may a credit be transferred to any
15		taxpayer if the taxpayer or a related party would not be
16		eligible under the provisions of subsection (i).
17		(iii) For purposes of this Section, the term "site"
18		shall have the same meaning as under Section 58.2 of the
19		Environmental Protection Act.
20		(o) For each of taxable years during the Compassionate Use
21		of Medical Cannabis Program, a surcharge is imposed on all
22		taxpayers on income arising from the sale or exchange of
23		capital assets, depreciable business property, real property
24		used in the trade or business, and Section 197 intangibles of
25		an organization registrant under the Compassionate Use of
26		Medical Cannabis Program Act. The amount of the surcharge is

HB4844 Engrossed - 398 - LRB103 39009 AMC 69146 b
1		equal to the amount of federal income tax liability for the
2		taxable year attributable to those sales and exchanges. The
3		surcharge imposed does not apply if:
4		(1) the medical cannabis cultivation center
5		registration, medical cannabis dispensary registration, or
6		the property of a registration is transferred as a result
7		of any of the following:
8		(A) bankruptcy, a receivership, or a debt
9		adjustment initiated by or against the initial
10		registration or the substantial owners of the initial
11		registration;
12		(B) cancellation, revocation, or termination of
13		any registration by the Illinois Department of Public
14		Health;
15		(C) a determination by the Illinois Department of
16		Public Health that transfer of the registration is in
17		the best interests of Illinois qualifying patients as
18		defined by the Compassionate Use of Medical Cannabis
19		Program Act;
20		(D) the death of an owner of the equity interest in
21		a registrant;
22		(E) the acquisition of a controlling interest in
23		the stock or substantially all of the assets of a
24		publicly traded company;
25		(F) a transfer by a parent company to a wholly
26		owned subsidiary; or

HB4844 Engrossed - 399 - LRB103 39009 AMC 69146 b
1		(G) the transfer or sale to or by one person to
2		another person where both persons were initial owners
3		of the registration when the registration was issued;
4		or
5		(2) the cannabis cultivation center registration,
6		medical cannabis dispensary registration, or the
7		controlling interest in a registrant's property is
8		transferred in a transaction to lineal descendants in
9		which no gain or loss is recognized or as a result of a
10		transaction in accordance with Section 351 of the Internal
11		Revenue Code in which no gain or loss is recognized.
12		(p) Pass-through entity tax.
13		(1) For taxable years ending on or after December 31,
14		2021 and beginning prior to January 1, 2026, a partnership
15		(other than a publicly traded partnership under Section
16		7704 of the Internal Revenue Code) or Subchapter S
17		corporation may elect to apply the provisions of this
18		subsection. A separate election shall be made for each
19		taxable year. Such election shall be made at such time,
20		and in such form and manner as prescribed by the
21		Department, and, once made, is irrevocable.
22		(2) Entity-level tax. A partnership or Subchapter S
23		corporation electing to apply the provisions of this
24		subsection shall be subject to a tax for the privilege of
25		earning or receiving income in this State in an amount
26		equal to 4.95% of the taxpayer's net income for the

HB4844 Engrossed - 400 - LRB103 39009 AMC 69146 b
1		taxable year.
2		(3) Net income defined.
3		(A) In general. For purposes of paragraph (2), the
4		term net income has the same meaning as defined in
5		Section 202 of this Act, except that, for tax years
6		ending on or after December 31, 2023, a deduction
7		shall be allowed in computing base income for
8		distributions to a retired partner to the extent that
9		the partner's distributions are exempt from tax under
10		Section 203(a)(2)(F) of this Act. In addition, the
11		following modifications shall not apply:
12		(i) the standard exemption allowed under
13		Section 204;
14		(ii) the deduction for net losses allowed
15		under Section 207;
16		(iii) in the case of an S corporation, the
17		modification under Section 203(b)(2)(S); and
18		(iv) in the case of a partnership, the
19		modifications under Section 203(d)(2)(H) and
20		Section 203(d)(2)(I).
21		(B) Special rule for tiered partnerships. If a
22		taxpayer making the election under paragraph (1) is a
23		partner of another taxpayer making the election under
24		paragraph (1), net income shall be computed as
25		provided in subparagraph (A), except that the taxpayer
26		shall subtract its distributive share of the net

HB4844 Engrossed - 401 - LRB103 39009 AMC 69146 b
1		income of the electing partnership (including its
2		distributive share of the net income of the electing
3		partnership derived as a distributive share from
4		electing partnerships in which it is a partner).
5		(4) Credit for entity level tax. Each partner or
6		shareholder of a taxpayer making the election under this
7		Section shall be allowed a credit against the tax imposed
8		under subsections (a) and (b) of Section 201 of this Act
9		for the taxable year of the partnership or Subchapter S
10		corporation for which an election is in effect ending
11		within or with the taxable year of the partner or
12		shareholder in an amount equal to 4.95% times the partner
13		or shareholder's distributive share of the net income of
14		the electing partnership or Subchapter S corporation, but
15		not to exceed the partner's or shareholder's share of the
16		tax imposed under paragraph (1) which is actually paid by
17		the partnership or Subchapter S corporation. If the
18		taxpayer is a partnership or Subchapter S corporation that
19		is itself a partner of a partnership making the election
20		under paragraph (1), the credit under this paragraph shall
21		be allowed to the taxpayer's partners or shareholders (or
22		if the partner is a partnership or Subchapter S
23		corporation then its partners or shareholders) in
24		accordance with the determination of income and
25		distributive share of income under Sections 702 and 704
26		and Subchapter S of the Internal Revenue Code. If the

HB4844 Engrossed - 402 - LRB103 39009 AMC 69146 b
1		amount of the credit allowed under this paragraph exceeds
2		the partner's or shareholder's liability for tax imposed
3		under subsections (a) and (b) of Section 201 of this Act
4		for the taxable year, such excess shall be treated as an
5		overpayment for purposes of Section 909 of this Act.
6		(5) Nonresidents. A nonresident individual who is a
7		partner or shareholder of a partnership or Subchapter S
8		corporation for a taxable year for which an election is in
9		effect under paragraph (1) shall not be required to file
10		an income tax return under this Act for such taxable year
11		if the only source of net income of the individual (or the
12		individual and the individual's spouse in the case of a
13		joint return) is from an entity making the election under
14		paragraph (1) and the credit allowed to the partner or
15		shareholder under paragraph (4) equals or exceeds the
16		individual's liability for the tax imposed under
17		subsections (a) and (b) of Section 201 of this Act for the
18		taxable year.
19		(6) Liability for tax. Except as provided in this
20		paragraph, a partnership or Subchapter S making the
21		election under paragraph (1) is liable for the
22		entity-level tax imposed under paragraph (2). If the
23		electing partnership or corporation fails to pay the full
24		amount of tax deemed assessed under paragraph (2), the
25		partners or shareholders shall be liable to pay the tax
26		assessed (including penalties and interest). Each partner

HB4844 Engrossed - 403 - LRB103 39009 AMC 69146 b
1		or shareholder shall be liable for the unpaid assessment
2		based on the ratio of the partner's or shareholder's share
3		of the net income of the partnership over the total net
4		income of the partnership. If the partnership or
5		Subchapter S corporation fails to pay the tax assessed
6		(including penalties and interest) and thereafter an
7		amount of such tax is paid by the partners or
8		shareholders, such amount shall not be collected from the
9		partnership or corporation.
10		(7) Foreign tax. For purposes of the credit allowed
11		under Section 601(b)(3) of this Act, tax paid by a
12		partnership or Subchapter S corporation to another state
13		which, as determined by the Department, is substantially
14		similar to the tax imposed under this subsection, shall be
15		considered tax paid by the partner or shareholder to the
16		extent that the partner's or shareholder's share of the
17		income of the partnership or Subchapter S corporation
18		allocated and apportioned to such other state bears to the
19		total income of the partnership or Subchapter S
20		corporation allocated or apportioned to such other state.
21		(8) Suspension of withholding. The provisions of
22		Section 709.5 of this Act shall not apply to a partnership
23		or Subchapter S corporation for the taxable year for which
24		an election under paragraph (1) is in effect.
25		(9) Requirement to pay estimated tax. For each taxable
26		year for which an election under paragraph (1) is in

HB4844 Engrossed - 404 - LRB103 39009 AMC 69146 b
1		effect, a partnership or Subchapter S corporation is
2		required to pay estimated tax for such taxable year under
3		Sections 803 and 804 of this Act if the amount payable as
4		estimated tax can reasonably be expected to exceed $500.
5		(10) The provisions of this subsection shall apply
6		only with respect to taxable years for which the
7		limitation on individual deductions applies under Section
8		164(b)(6) of the Internal Revenue Code.
9		(Source: P.A. 102-558, eff. 8-20-21; 102-658, eff. 8-27-21;
10		103-9, eff. 6-7-23; 103-396, eff. 1-1-24; revised 12-12-23.)
11		(35 ILCS 5/203)
12		Sec. 203. Base income defined.
13		(a) Individuals.
14		(1) In general. In the case of an individual, base
15		income means an amount equal to the taxpayer's adjusted
16		gross income for the taxable year as modified by paragraph
17		(2).
18		(2) Modifications. The adjusted gross income referred
19		to in paragraph (1) shall be modified by adding thereto
20		the sum of the following amounts:
21		(A) An amount equal to all amounts paid or accrued
22		to the taxpayer as interest or dividends during the
23		taxable year to the extent excluded from gross income
24		in the computation of adjusted gross income, except
25		stock dividends of qualified public utilities

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1		described in Section 305(e) of the Internal Revenue
2		Code;
3		(B) An amount equal to the amount of tax imposed by
4		this Act to the extent deducted from gross income in
5		the computation of adjusted gross income for the
6		taxable year;
7		(C) An amount equal to the amount received during
8		the taxable year as a recovery or refund of real
9		property taxes paid with respect to the taxpayer's
10		principal residence under the Revenue Act of 1939 and
11		for which a deduction was previously taken under
12		subparagraph (L) of this paragraph (2) prior to July
13		1, 1991, the retrospective application date of Article
14		4 of Public Act 87-17. In the case of multi-unit or
15		multi-use structures and farm dwellings, the taxes on
16		the taxpayer's principal residence shall be that
17		portion of the total taxes for the entire property
18		which is attributable to such principal residence;
19		(D) An amount equal to the amount of the capital
20		gain deduction allowable under the Internal Revenue
21		Code, to the extent deducted from gross income in the
22		computation of adjusted gross income;
23		(D-5) An amount, to the extent not included in
24		adjusted gross income, equal to the amount of money
25		withdrawn by the taxpayer in the taxable year from a
26		medical care savings account and the interest earned

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1		on the account in the taxable year of a withdrawal
2		pursuant to subsection (b) of Section 20 of the
3		Medical Care Savings Account Act or subsection (b) of
4		Section 20 of the Medical Care Savings Account Act of
5		2000;
6		(D-10) For taxable years ending after December 31,
7		1997, an amount equal to any eligible remediation
8		costs that the individual deducted in computing
9		adjusted gross income and for which the individual
10		claims a credit under subsection (l) of Section 201;
11		(D-15) For taxable years 2001 and thereafter, an
12		amount equal to the bonus depreciation deduction taken
13		on the taxpayer's federal income tax return for the
14		taxable year under subsection (k) of Section 168 of
15		the Internal Revenue Code;
16		(D-16) If the taxpayer sells, transfers, abandons,
17		or otherwise disposes of property for which the
18		taxpayer was required in any taxable year to make an
19		addition modification under subparagraph (D-15), then
20		an amount equal to the aggregate amount of the
21		deductions taken in all taxable years under
22		subparagraph (Z) with respect to that property.
23		If the taxpayer continues to own property through
24		the last day of the last tax year for which a
25		subtraction is allowed with respect to that property
26		under subparagraph (Z) and for which the taxpayer was

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1		allowed in any taxable year to make a subtraction
2		modification under subparagraph (Z), then an amount
3		equal to that subtraction modification.
4		The taxpayer is required to make the addition
5		modification under this subparagraph only once with
6		respect to any one piece of property;
7		(D-17) An amount equal to the amount otherwise
8		allowed as a deduction in computing base income for
9		interest paid, accrued, or incurred, directly or
10		indirectly, (i) for taxable years ending on or after
11		December 31, 2004, to a foreign person who would be a
12		member of the same unitary business group but for the
13		fact that foreign person's business activity outside
14		the United States is 80% or more of the foreign
15		person's total business activity and (ii) for taxable
16		years ending on or after December 31, 2008, to a person
17		who would be a member of the same unitary business
18		group but for the fact that the person is prohibited
19		under Section 1501(a)(27) from being included in the
20		unitary business group because he or she is ordinarily
21		required to apportion business income under different
22		subsections of Section 304. The addition modification
23		required by this subparagraph shall be reduced to the
24		extent that dividends were included in base income of
25		the unitary group for the same taxable year and
26		received by the taxpayer or by a member of the

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1		taxpayer's unitary business group (including amounts
2		included in gross income under Sections 951 through
3		964 of the Internal Revenue Code and amounts included
4		in gross income under Section 78 of the Internal
5		Revenue Code) with respect to the stock of the same
6		person to whom the interest was paid, accrued, or
7		incurred.
8		This paragraph shall not apply to the following:
9		(i) an item of interest paid, accrued, or
10		incurred, directly or indirectly, to a person who
11		is subject in a foreign country or state, other
12		than a state which requires mandatory unitary
13		reporting, to a tax on or measured by net income
14		with respect to such interest; or
15		(ii) an item of interest paid, accrued, or
16		incurred, directly or indirectly, to a person if
17		the taxpayer can establish, based on a
18		preponderance of the evidence, both of the
19		following:
20		(a) the person, during the same taxable
21		year, paid, accrued, or incurred, the interest
22		to a person that is not a related member, and
23		(b) the transaction giving rise to the
24		interest expense between the taxpayer and the
25		person did not have as a principal purpose the
26		avoidance of Illinois income tax, and is paid

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1		pursuant to a contract or agreement that
2		reflects an arm's-length interest rate and
3		terms; or
4		(iii) the taxpayer can establish, based on
5		clear and convincing evidence, that the interest
6		paid, accrued, or incurred relates to a contract
7		or agreement entered into at arm's-length rates
8		and terms and the principal purpose for the
9		payment is not federal or Illinois tax avoidance;
10		or
11		(iv) an item of interest paid, accrued, or
12		incurred, directly or indirectly, to a person if
13		the taxpayer establishes by clear and convincing
14		evidence that the adjustments are unreasonable; or
15		if the taxpayer and the Director agree in writing
16		to the application or use of an alternative method
17		of apportionment under Section 304(f).
18		Nothing in this subsection shall preclude the
19		Director from making any other adjustment
20		otherwise allowed under Section 404 of this Act
21		for any tax year beginning after the effective
22		date of this amendment provided such adjustment is
23		made pursuant to regulation adopted by the
24		Department and such regulations provide methods
25		and standards by which the Department will utilize
26		its authority under Section 404 of this Act;

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1		(D-18) An amount equal to the amount of intangible
2		expenses and costs otherwise allowed as a deduction in
3		computing base income, and that were paid, accrued, or
4		incurred, directly or indirectly, (i) for taxable
5		years ending on or after December 31, 2004, to a
6		foreign person who would be a member of the same
7		unitary business group but for the fact that the
8		foreign person's business activity outside the United
9		States is 80% or more of that person's total business
10		activity and (ii) for taxable years ending on or after
11		December 31, 2008, to a person who would be a member of
12		the same unitary business group but for the fact that
13		the person is prohibited under Section 1501(a)(27)
14		from being included in the unitary business group
15		because he or she is ordinarily required to apportion
16		business income under different subsections of Section
17		304. The addition modification required by this
18		subparagraph shall be reduced to the extent that
19		dividends were included in base income of the unitary
20		group for the same taxable year and received by the
21		taxpayer or by a member of the taxpayer's unitary
22		business group (including amounts included in gross
23		income under Sections 951 through 964 of the Internal
24		Revenue Code and amounts included in gross income
25		under Section 78 of the Internal Revenue Code) with
26		respect to the stock of the same person to whom the

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1		intangible expenses and costs were directly or
2		indirectly paid, incurred, or accrued. The preceding
3		sentence does not apply to the extent that the same
4		dividends caused a reduction to the addition
5		modification required under Section 203(a)(2)(D-17) of
6		this Act. As used in this subparagraph, the term
7		"intangible expenses and costs" includes (1) expenses,
8		losses, and costs for, or related to, the direct or
9		indirect acquisition, use, maintenance or management,
10		ownership, sale, exchange, or any other disposition of
11		intangible property; (2) losses incurred, directly or
12		indirectly, from factoring transactions or discounting
13		transactions; (3) royalty, patent, technical, and
14		copyright fees; (4) licensing fees; and (5) other
15		similar expenses and costs. For purposes of this
16		subparagraph, "intangible property" includes patents,
17		patent applications, trade names, trademarks, service
18		marks, copyrights, mask works, trade secrets, and
19		similar types of intangible assets.
20		This paragraph shall not apply to the following:
21		(i) any item of intangible expenses or costs
22		paid, accrued, or incurred, directly or
23		indirectly, from a transaction with a person who
24		is subject in a foreign country or state, other
25		than a state which requires mandatory unitary
26		reporting, to a tax on or measured by net income

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1		with respect to such item; or
2		(ii) any item of intangible expense or cost
3		paid, accrued, or incurred, directly or
4		indirectly, if the taxpayer can establish, based
5		on a preponderance of the evidence, both of the
6		following:
7		(a) the person during the same taxable
8		year paid, accrued, or incurred, the
9		intangible expense or cost to a person that is
10		not a related member, and
11		(b) the transaction giving rise to the
12		intangible expense or cost between the
13		taxpayer and the person did not have as a
14		principal purpose the avoidance of Illinois
15		income tax, and is paid pursuant to a contract
16		or agreement that reflects arm's-length terms;
17		or
18		(iii) any item of intangible expense or cost
19		paid, accrued, or incurred, directly or
20		indirectly, from a transaction with a person if
21		the taxpayer establishes by clear and convincing
22		evidence, that the adjustments are unreasonable;
23		or if the taxpayer and the Director agree in
24		writing to the application or use of an
25		alternative method of apportionment under Section
26		304(f);

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1		Nothing in this subsection shall preclude the
2		Director from making any other adjustment
3		otherwise allowed under Section 404 of this Act
4		for any tax year beginning after the effective
5		date of this amendment provided such adjustment is
6		made pursuant to regulation adopted by the
7		Department and such regulations provide methods
8		and standards by which the Department will utilize
9		its authority under Section 404 of this Act;
10		(D-19) For taxable years ending on or after
11		December 31, 2008, an amount equal to the amount of
12		insurance premium expenses and costs otherwise allowed
13		as a deduction in computing base income, and that were
14		paid, accrued, or incurred, directly or indirectly, to
15		a person who would be a member of the same unitary
16		business group but for the fact that the person is
17		prohibited under Section 1501(a)(27) from being
18		included in the unitary business group because he or
19		she is ordinarily required to apportion business
20		income under different subsections of Section 304. The
21		addition modification required by this subparagraph
22		shall be reduced to the extent that dividends were
23		included in base income of the unitary group for the
24		same taxable year and received by the taxpayer or by a
25		member of the taxpayer's unitary business group
26		(including amounts included in gross income under

HB4844 Engrossed - 414 - LRB103 39009 AMC 69146 b
1		Sections 951 through 964 of the Internal Revenue Code
2		and amounts included in gross income under Section 78
3		of the Internal Revenue Code) with respect to the
4		stock of the same person to whom the premiums and costs
5		were directly or indirectly paid, incurred, or
6		accrued. The preceding sentence does not apply to the
7		extent that the same dividends caused a reduction to
8		the addition modification required under Section
9		203(a)(2)(D-17) or Section 203(a)(2)(D-18) of this
10		Act;
11		(D-20) For taxable years beginning on or after
12		January 1, 2002 and ending on or before December 31,
13		2006, in the case of a distribution from a qualified
14		tuition program under Section 529 of the Internal
15		Revenue Code, other than (i) a distribution from a
16		College Savings Pool created under Section 16.5 of the
17		State Treasurer Act or (ii) a distribution from the
18		Illinois Prepaid Tuition Trust Fund, an amount equal
19		to the amount excluded from gross income under Section
20		529(c)(3)(B). For taxable years beginning on or after
21		January 1, 2007, in the case of a distribution from a
22		qualified tuition program under Section 529 of the
23		Internal Revenue Code, other than (i) a distribution
24		from a College Savings Pool created under Section 16.5
25		of the State Treasurer Act, (ii) a distribution from
26		the Illinois Prepaid Tuition Trust Fund, or (iii) a

HB4844 Engrossed - 415 - LRB103 39009 AMC 69146 b
1		distribution from a qualified tuition program under
2		Section 529 of the Internal Revenue Code that (I)
3		adopts and determines that its offering materials
4		comply with the College Savings Plans Network's
5		disclosure principles and (II) has made reasonable
6		efforts to inform in-state residents of the existence
7		of in-state qualified tuition programs by informing
8		Illinois residents directly and, where applicable, to
9		inform financial intermediaries distributing the
10		program to inform in-state residents of the existence
11		of in-state qualified tuition programs at least
12		annually, an amount equal to the amount excluded from
13		gross income under Section 529(c)(3)(B).
14		For the purposes of this subparagraph (D-20), a
15		qualified tuition program has made reasonable efforts
16		if it makes disclosures (which may use the term
17		"in-state program" or "in-state plan" and need not
18		specifically refer to Illinois or its qualified
19		programs by name) (i) directly to prospective
20		participants in its offering materials or makes a
21		public disclosure, such as a website posting; and (ii)
22		where applicable, to intermediaries selling the
23		out-of-state program in the same manner that the
24		out-of-state program distributes its offering
25		materials;
26		(D-20.5) For taxable years beginning on or after

HB4844 Engrossed - 416 - LRB103 39009 AMC 69146 b
1		January 1, 2018, in the case of a distribution from a
2		qualified ABLE program under Section 529A of the
3		Internal Revenue Code, other than a distribution from
4		a qualified ABLE program created under Section 16.6 of
5		the State Treasurer Act, an amount equal to the amount
6		excluded from gross income under Section 529A(c)(1)(B)
7		of the Internal Revenue Code;
8		(D-21) For taxable years beginning on or after
9		January 1, 2007, in the case of transfer of moneys from
10		a qualified tuition program under Section 529 of the
11		Internal Revenue Code that is administered by the
12		State to an out-of-state program, an amount equal to
13		the amount of moneys previously deducted from base
14		income under subsection (a)(2)(Y) of this Section;
15		(D-21.5) For taxable years beginning on or after
16		January 1, 2018, in the case of the transfer of moneys
17		from a qualified tuition program under Section 529 or
18		a qualified ABLE program under Section 529A of the
19		Internal Revenue Code that is administered by this
20		State to an ABLE account established under an
21		out-of-state ABLE account program, an amount equal to
22		the contribution component of the transferred amount
23		that was previously deducted from base income under
24		subsection (a)(2)(Y) or subsection (a)(2)(HH) of this
25		Section;
26		(D-22) For taxable years beginning on or after

HB4844 Engrossed - 417 - LRB103 39009 AMC 69146 b
1		January 1, 2009, and prior to January 1, 2018, in the
2		case of a nonqualified withdrawal or refund of moneys
3		from a qualified tuition program under Section 529 of
4		the Internal Revenue Code administered by the State
5		that is not used for qualified expenses at an eligible
6		education institution, an amount equal to the
7		contribution component of the nonqualified withdrawal
8		or refund that was previously deducted from base
9		income under subsection (a)(2)(y) of this Section,
10		provided that the withdrawal or refund did not result
11		from the beneficiary's death or disability. For
12		taxable years beginning on or after January 1, 2018:
13		(1) in the case of a nonqualified withdrawal or
14		refund, as defined under Section 16.5 of the State
15		Treasurer Act, of moneys from a qualified tuition
16		program under Section 529 of the Internal Revenue Code
17		administered by the State, an amount equal to the
18		contribution component of the nonqualified withdrawal
19		or refund that was previously deducted from base
20		income under subsection (a)(2)(Y) of this Section, and
21		(2) in the case of a nonqualified withdrawal or refund
22		from a qualified ABLE program under Section 529A of
23		the Internal Revenue Code administered by the State
24		that is not used for qualified disability expenses, an
25		amount equal to the contribution component of the
26		nonqualified withdrawal or refund that was previously

HB4844 Engrossed - 418 - LRB103 39009 AMC 69146 b
1		deducted from base income under subsection (a)(2)(HH)
2		of this Section;
3		(D-23) An amount equal to the credit allowable to
4		the taxpayer under Section 218(a) of this Act,
5		determined without regard to Section 218(c) of this
6		Act;
7		(D-24) For taxable years ending on or after
8		December 31, 2017, an amount equal to the deduction
9		allowed under Section 199 of the Internal Revenue Code
10		for the taxable year;
11		(D-25) In the case of a resident, an amount equal
12		to the amount of tax for which a credit is allowed
13		pursuant to Section 201(p)(7) of this Act;
14		and by deducting from the total so obtained the sum of the
15		following amounts:
16		(E) For taxable years ending before December 31,
17		2001, any amount included in such total in respect of
18		any compensation (including but not limited to any
19		compensation paid or accrued to a serviceman while a
20		prisoner of war or missing in action) paid to a
21		resident by reason of being on active duty in the Armed
22		Forces of the United States and in respect of any
23		compensation paid or accrued to a resident who as a
24		governmental employee was a prisoner of war or missing
25		in action, and in respect of any compensation paid to a
26		resident in 1971 or thereafter for annual training

HB4844 Engrossed - 419 - LRB103 39009 AMC 69146 b
1		performed pursuant to Sections 502 and 503, Title 32,
2		United States Code as a member of the Illinois
3		National Guard or, beginning with taxable years ending
4		on or after December 31, 2007, the National Guard of
5		any other state. For taxable years ending on or after
6		December 31, 2001, any amount included in such total
7		in respect of any compensation (including but not
8		limited to any compensation paid or accrued to a
9		serviceman while a prisoner of war or missing in
10		action) paid to a resident by reason of being a member
11		of any component of the Armed Forces of the United
12		States and in respect of any compensation paid or
13		accrued to a resident who as a governmental employee
14		was a prisoner of war or missing in action, and in
15		respect of any compensation paid to a resident in 2001
16		or thereafter by reason of being a member of the
17		Illinois National Guard or, beginning with taxable
18		years ending on or after December 31, 2007, the
19		National Guard of any other state. The provisions of
20		this subparagraph (E) are exempt from the provisions
21		of Section 250;
22		(F) An amount equal to all amounts included in
23		such total pursuant to the provisions of Sections
24		402(a), 402(c), 403(a), 403(b), 406(a), 407(a), and
25		408 of the Internal Revenue Code, or included in such
26		total as distributions under the provisions of any

HB4844 Engrossed - 420 - LRB103 39009 AMC 69146 b
1		retirement or disability plan for employees of any
2		governmental agency or unit, or retirement payments to
3		retired partners, which payments are excluded in
4		computing net earnings from self employment by Section
5		1402 of the Internal Revenue Code and regulations
6		adopted pursuant thereto;
7		(G) The valuation limitation amount;
8		(H) An amount equal to the amount of any tax
9		imposed by this Act which was refunded to the taxpayer
10		and included in such total for the taxable year;
11		(I) An amount equal to all amounts included in
12		such total pursuant to the provisions of Section 111
13		of the Internal Revenue Code as a recovery of items
14		previously deducted from adjusted gross income in the
15		computation of taxable income;
16		(J) An amount equal to those dividends included in
17		such total which were paid by a corporation which
18		conducts business operations in a River Edge
19		Redevelopment Zone or zones created under the River
20		Edge Redevelopment Zone Act, and conducts
21		substantially all of its operations in a River Edge
22		Redevelopment Zone or zones. This subparagraph (J) is
23		exempt from the provisions of Section 250;
24		(K) An amount equal to those dividends included in
25		such total that were paid by a corporation that
26		conducts business operations in a federally designated

HB4844 Engrossed - 421 - LRB103 39009 AMC 69146 b
1		Foreign Trade Zone or Sub-Zone and that is designated
2		a High Impact Business located in Illinois; provided
3		that dividends eligible for the deduction provided in
4		subparagraph (J) of paragraph (2) of this subsection
5		shall not be eligible for the deduction provided under
6		this subparagraph (K);
7		(L) For taxable years ending after December 31,
8		1983, an amount equal to all social security benefits
9		and railroad retirement benefits included in such
10		total pursuant to Sections 72(r) and 86 of the
11		Internal Revenue Code;
12		(M) With the exception of any amounts subtracted
13		under subparagraph (N), an amount equal to the sum of
14		all amounts disallowed as deductions by (i) Sections
15		171(a)(2) and 265(a)(2) of the Internal Revenue Code,
16		and all amounts of expenses allocable to interest and
17		disallowed as deductions by Section 265(a)(1) of the
18		Internal Revenue Code; and (ii) for taxable years
19		ending on or after August 13, 1999, Sections
20		171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of the
21		Internal Revenue Code, plus, for taxable years ending
22		on or after December 31, 2011, Section 45G(e)(3) of
23		the Internal Revenue Code and, for taxable years
24		ending on or after December 31, 2008, any amount
25		included in gross income under Section 87 of the
26		Internal Revenue Code; the provisions of this

HB4844 Engrossed - 422 - LRB103 39009 AMC 69146 b
1		subparagraph are exempt from the provisions of Section
2		250;
3		(N) An amount equal to all amounts included in
4		such total which are exempt from taxation by this
5		State either by reason of its statutes or Constitution
6		or by reason of the Constitution, treaties or statutes
7		of the United States; provided that, in the case of any
8		statute of this State that exempts income derived from
9		bonds or other obligations from the tax imposed under
10		this Act, the amount exempted shall be the interest
11		net of bond premium amortization;
12		(O) An amount equal to any contribution made to a
13		job training project established pursuant to the Tax
14		Increment Allocation Redevelopment Act;
15		(P) An amount equal to the amount of the deduction
16		used to compute the federal income tax credit for
17		restoration of substantial amounts held under claim of
18		right for the taxable year pursuant to Section 1341 of
19		the Internal Revenue Code or of any itemized deduction
20		taken from adjusted gross income in the computation of
21		taxable income for restoration of substantial amounts
22		held under claim of right for the taxable year;
23		(Q) An amount equal to any amounts included in
24		such total, received by the taxpayer as an
25		acceleration in the payment of life, endowment or
26		annuity benefits in advance of the time they would

HB4844 Engrossed - 423 - LRB103 39009 AMC 69146 b
1		otherwise be payable as an indemnity for a terminal
2		illness;
3		(R) An amount equal to the amount of any federal or
4		State bonus paid to veterans of the Persian Gulf War;
5		(S) An amount, to the extent included in adjusted
6		gross income, equal to the amount of a contribution
7		made in the taxable year on behalf of the taxpayer to a
8		medical care savings account established under the
9		Medical Care Savings Account Act or the Medical Care
10		Savings Account Act of 2000 to the extent the
11		contribution is accepted by the account administrator
12		as provided in that Act;
13		(T) An amount, to the extent included in adjusted
14		gross income, equal to the amount of interest earned
15		in the taxable year on a medical care savings account
16		established under the Medical Care Savings Account Act
17		or the Medical Care Savings Account Act of 2000 on
18		behalf of the taxpayer, other than interest added
19		pursuant to item (D-5) of this paragraph (2);
20		(U) For one taxable year beginning on or after
21		January 1, 1994, an amount equal to the total amount of
22		tax imposed and paid under subsections (a) and (b) of
23		Section 201 of this Act on grant amounts received by
24		the taxpayer under the Nursing Home Grant Assistance
25		Act during the taxpayer's taxable years 1992 and 1993;
26		(V) Beginning with tax years ending on or after

HB4844 Engrossed - 424 - LRB103 39009 AMC 69146 b
1		December 31, 1995 and ending with tax years ending on
2		or before December 31, 2004, an amount equal to the
3		amount paid by a taxpayer who is a self-employed
4		taxpayer, a partner of a partnership, or a shareholder
5		in a Subchapter S corporation for health insurance or
6		long-term care insurance for that taxpayer or that
7		taxpayer's spouse or dependents, to the extent that
8		the amount paid for that health insurance or long-term
9		care insurance may be deducted under Section 213 of
10		the Internal Revenue Code, has not been deducted on
11		the federal income tax return of the taxpayer, and
12		does not exceed the taxable income attributable to
13		that taxpayer's income, self-employment income, or
14		Subchapter S corporation income; except that no
15		deduction shall be allowed under this item (V) if the
16		taxpayer is eligible to participate in any health
17		insurance or long-term care insurance plan of an
18		employer of the taxpayer or the taxpayer's spouse. The
19		amount of the health insurance and long-term care
20		insurance subtracted under this item (V) shall be
21		determined by multiplying total health insurance and
22		long-term care insurance premiums paid by the taxpayer
23		times a number that represents the fractional
24		percentage of eligible medical expenses under Section
25		213 of the Internal Revenue Code of 1986 not actually
26		deducted on the taxpayer's federal income tax return;

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1		(W) For taxable years beginning on or after
2		January 1, 1998, all amounts included in the
3		taxpayer's federal gross income in the taxable year
4		from amounts converted from a regular IRA to a Roth
5		IRA. This paragraph is exempt from the provisions of
6		Section 250;
7		(X) For taxable year 1999 and thereafter, an
8		amount equal to the amount of any (i) distributions,
9		to the extent includible in gross income for federal
10		income tax purposes, made to the taxpayer because of
11		his or her status as a victim of persecution for racial
12		or religious reasons by Nazi Germany or any other Axis
13		regime or as an heir of the victim and (ii) items of
14		income, to the extent includible in gross income for
15		federal income tax purposes, attributable to, derived
16		from or in any way related to assets stolen from,
17		hidden from, or otherwise lost to a victim of
18		persecution for racial or religious reasons by Nazi
19		Germany or any other Axis regime immediately prior to,
20		during, and immediately after World War II, including,
21		but not limited to, interest on the proceeds
22		receivable as insurance under policies issued to a
23		victim of persecution for racial or religious reasons
24		by Nazi Germany or any other Axis regime by European
25		insurance companies immediately prior to and during
26		World War II; provided, however, this subtraction from

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1		federal adjusted gross income does not apply to assets
2		acquired with such assets or with the proceeds from
3		the sale of such assets; provided, further, this
4		paragraph shall only apply to a taxpayer who was the
5		first recipient of such assets after their recovery
6		and who is a victim of persecution for racial or
7		religious reasons by Nazi Germany or any other Axis
8		regime or as an heir of the victim. The amount of and
9		the eligibility for any public assistance, benefit, or
10		similar entitlement is not affected by the inclusion
11		of items (i) and (ii) of this paragraph in gross income
12		for federal income tax purposes. This paragraph is
13		exempt from the provisions of Section 250;
14		(Y) For taxable years beginning on or after
15		January 1, 2002 and ending on or before December 31,
16		2004, moneys contributed in the taxable year to a
17		College Savings Pool account under Section 16.5 of the
18		State Treasurer Act, except that amounts excluded from
19		gross income under Section 529(c)(3)(C)(i) of the
20		Internal Revenue Code shall not be considered moneys
21		contributed under this subparagraph (Y). For taxable
22		years beginning on or after January 1, 2005, a maximum
23		of $10,000 contributed in the taxable year to (i) a
24		College Savings Pool account under Section 16.5 of the
25		State Treasurer Act or (ii) the Illinois Prepaid
26		Tuition Trust Fund, except that amounts excluded from

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1		gross income under Section 529(c)(3)(C)(i) of the
2		Internal Revenue Code shall not be considered moneys
3		contributed under this subparagraph (Y). For purposes
4		of this subparagraph, contributions made by an
5		employer on behalf of an employee, or matching
6		contributions made by an employee, shall be treated as
7		made by the employee. This subparagraph (Y) is exempt
8		from the provisions of Section 250;
9		(Z) For taxable years 2001 and thereafter, for the
10		taxable year in which the bonus depreciation deduction
11		is taken on the taxpayer's federal income tax return
12		under subsection (k) of Section 168 of the Internal
13		Revenue Code and for each applicable taxable year
14		thereafter, an amount equal to "x", where:
15		(1) "y" equals the amount of the depreciation
16		deduction taken for the taxable year on the
17		taxpayer's federal income tax return on property
18		for which the bonus depreciation deduction was
19		taken in any year under subsection (k) of Section
20		168 of the Internal Revenue Code, but not
21		including the bonus depreciation deduction;
22		(2) for taxable years ending on or before
23		December 31, 2005, "x" equals "y" multiplied by 30
24		and then divided by 70 (or "y" multiplied by
25		0.429); and
26		(3) for taxable years ending after December

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1		31, 2005:
2		(i) for property on which a bonus
3		depreciation deduction of 30% of the adjusted
4		basis was taken, "x" equals "y" multiplied by
5		30 and then divided by 70 (or "y" multiplied
6		by 0.429);
7		(ii) for property on which a bonus
8		depreciation deduction of 50% of the adjusted
9		basis was taken, "x" equals "y" multiplied by
10		1.0;
11		(iii) for property on which a bonus
12		depreciation deduction of 100% of the adjusted
13		basis was taken in a taxable year ending on or
14		after December 31, 2021, "x" equals the
15		depreciation deduction that would be allowed
16		on that property if the taxpayer had made the
17		election under Section 168(k)(7) of the
18		Internal Revenue Code to not claim bonus
19		depreciation on that property; and
20		(iv) for property on which a bonus
21		depreciation deduction of a percentage other
22		than 30%, 50% or 100% of the adjusted basis
23		was taken in a taxable year ending on or after
24		December 31, 2021, "x" equals "y" multiplied
25		by 100 times the percentage bonus depreciation
26		on the property (that is, 100(bonus%)) and

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1		then divided by 100 times 1 minus the
2		percentage bonus depreciation on the property
3		(that is, 100(1-bonus%)).
4		The aggregate amount deducted under this
5		subparagraph in all taxable years for any one piece of
6		property may not exceed the amount of the bonus
7		depreciation deduction taken on that property on the
8		taxpayer's federal income tax return under subsection
9		(k) of Section 168 of the Internal Revenue Code. This
10		subparagraph (Z) is exempt from the provisions of
11		Section 250;
12		(AA) If the taxpayer sells, transfers, abandons,
13		or otherwise disposes of property for which the
14		taxpayer was required in any taxable year to make an
15		addition modification under subparagraph (D-15), then
16		an amount equal to that addition modification.
17		If the taxpayer continues to own property through
18		the last day of the last tax year for which a
19		subtraction is allowed with respect to that property
20		under subparagraph (Z) and for which the taxpayer was
21		required in any taxable year to make an addition
22		modification under subparagraph (D-15), then an amount
23		equal to that addition modification.
24		The taxpayer is allowed to take the deduction
25		under this subparagraph only once with respect to any
26		one piece of property.

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1		This subparagraph (AA) is exempt from the
2		provisions of Section 250;
3		(BB) Any amount included in adjusted gross income,
4		other than salary, received by a driver in a
5		ridesharing arrangement using a motor vehicle;
6		(CC) The amount of (i) any interest income (net of
7		the deductions allocable thereto) taken into account
8		for the taxable year with respect to a transaction
9		with a taxpayer that is required to make an addition
10		modification with respect to such transaction under
11		Section 203(a)(2)(D-17), 203(b)(2)(E-12),
12		203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed
13		the amount of that addition modification, and (ii) any
14		income from intangible property (net of the deductions
15		allocable thereto) taken into account for the taxable
16		year with respect to a transaction with a taxpayer
17		that is required to make an addition modification with
18		respect to such transaction under Section
19		203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or
20		203(d)(2)(D-8), but not to exceed the amount of that
21		addition modification. This subparagraph (CC) is
22		exempt from the provisions of Section 250;
23		(DD) An amount equal to the interest income taken
24		into account for the taxable year (net of the
25		deductions allocable thereto) with respect to
26		transactions with (i) a foreign person who would be a

HB4844 Engrossed - 431 - LRB103 39009 AMC 69146 b
1		member of the taxpayer's unitary business group but
2		for the fact that the foreign person's business
3		activity outside the United States is 80% or more of
4		that person's total business activity and (ii) for
5		taxable years ending on or after December 31, 2008, to
6		a person who would be a member of the same unitary
7		business group but for the fact that the person is
8		prohibited under Section 1501(a)(27) from being
9		included in the unitary business group because he or
10		she is ordinarily required to apportion business
11		income under different subsections of Section 304, but
12		not to exceed the addition modification required to be
13		made for the same taxable year under Section
14		203(a)(2)(D-17) for interest paid, accrued, or
15		incurred, directly or indirectly, to the same person.
16		This subparagraph (DD) is exempt from the provisions
17		of Section 250;
18		(EE) An amount equal to the income from intangible
19		property taken into account for the taxable year (net
20		of the deductions allocable thereto) with respect to
21		transactions with (i) a foreign person who would be a
22		member of the taxpayer's unitary business group but
23		for the fact that the foreign person's business
24		activity outside the United States is 80% or more of
25		that person's total business activity and (ii) for
26		taxable years ending on or after December 31, 2008, to

HB4844 Engrossed - 432 - LRB103 39009 AMC 69146 b
1		a person who would be a member of the same unitary
2		business group but for the fact that the person is
3		prohibited under Section 1501(a)(27) from being
4		included in the unitary business group because he or
5		she is ordinarily required to apportion business
6		income under different subsections of Section 304, but
7		not to exceed the addition modification required to be
8		made for the same taxable year under Section
9		203(a)(2)(D-18) for intangible expenses and costs
10		paid, accrued, or incurred, directly or indirectly, to
11		the same foreign person. This subparagraph (EE) is
12		exempt from the provisions of Section 250;
13		(FF) An amount equal to any amount awarded to the
14		taxpayer during the taxable year by the Court of
15		Claims under subsection (c) of Section 8 of the Court
16		of Claims Act for time unjustly served in a State
17		prison. This subparagraph (FF) is exempt from the
18		provisions of Section 250;
19		(GG) For taxable years ending on or after December
20		31, 2011, in the case of a taxpayer who was required to
21		add back any insurance premiums under Section
22		203(a)(2)(D-19), such taxpayer may elect to subtract
23		that part of a reimbursement received from the
24		insurance company equal to the amount of the expense
25		or loss (including expenses incurred by the insurance
26		company) that would have been taken into account as a

HB4844 Engrossed - 433 - LRB103 39009 AMC 69146 b
1		deduction for federal income tax purposes if the
2		expense or loss had been uninsured. If a taxpayer
3		makes the election provided for by this subparagraph
4		(GG), the insurer to which the premiums were paid must
5		add back to income the amount subtracted by the
6		taxpayer pursuant to this subparagraph (GG). This
7		subparagraph (GG) is exempt from the provisions of
8		Section 250;
9		(HH) For taxable years beginning on or after
10		January 1, 2018 and prior to January 1, 2028, a maximum
11		of $10,000 contributed in the taxable year to a
12		qualified ABLE account under Section 16.6 of the State
13		Treasurer Act, except that amounts excluded from gross
14		income under Section 529(c)(3)(C)(i) or Section
15		529A(c)(1)(C) of the Internal Revenue Code shall not
16		be considered moneys contributed under this
17		subparagraph (HH). For purposes of this subparagraph
18		(HH), contributions made by an employer on behalf of
19		an employee, or matching contributions made by an
20		employee, shall be treated as made by the employee;
21		(II) For taxable years that begin on or after
22		January 1, 2021 and begin before January 1, 2026, the
23		amount that is included in the taxpayer's federal
24		adjusted gross income pursuant to Section 61 of the
25		Internal Revenue Code as discharge of indebtedness
26		attributable to student loan forgiveness and that is

HB4844 Engrossed - 434 - LRB103 39009 AMC 69146 b
1		not excluded from the taxpayer's federal adjusted
2		gross income pursuant to paragraph (5) of subsection
3		(f) of Section 108 of the Internal Revenue Code; and
4		(JJ) For taxable years beginning on or after
5		January 1, 2023, for any cannabis establishment
6		operating in this State and licensed under the
7		Cannabis Regulation and Tax Act or any cannabis
8		cultivation center or medical cannabis dispensing
9		organization operating in this State and licensed
10		under the Compassionate Use of Medical Cannabis
11		Program Act, an amount equal to the deductions that
12		were disallowed under Section 280E of the Internal
13		Revenue Code for the taxable year and that would not be
14		added back under this subsection. The provisions of
15		this subparagraph (JJ) are exempt from the provisions
16		of Section 250; and .
17		(KK) (JJ) To the extent includible in gross income
18		for federal income tax purposes, any amount awarded or
19		paid to the taxpayer as a result of a judgment or
20		settlement for fertility fraud as provided in Section
21		15 of the Illinois Fertility Fraud Act, donor
22		fertility fraud as provided in Section 20 of the
23		Illinois Fertility Fraud Act, or similar action in
24		another state.
25		(b) Corporations.

HB4844 Engrossed - 435 - LRB103 39009 AMC 69146 b
1		(1) In general. In the case of a corporation, base
2		income means an amount equal to the taxpayer's taxable
3		income for the taxable year as modified by paragraph (2).
4		(2) Modifications. The taxable income referred to in
5		paragraph (1) shall be modified by adding thereto the sum
6		of the following amounts:
7		(A) An amount equal to all amounts paid or accrued
8		to the taxpayer as interest and all distributions
9		received from regulated investment companies during
10		the taxable year to the extent excluded from gross
11		income in the computation of taxable income;
12		(B) An amount equal to the amount of tax imposed by
13		this Act to the extent deducted from gross income in
14		the computation of taxable income for the taxable
15		year;
16		(C) In the case of a regulated investment company,
17		an amount equal to the excess of (i) the net long-term
18		capital gain for the taxable year, over (ii) the
19		amount of the capital gain dividends designated as
20		such in accordance with Section 852(b)(3)(C) of the
21		Internal Revenue Code and any amount designated under
22		Section 852(b)(3)(D) of the Internal Revenue Code,
23		attributable to the taxable year (this amendatory Act
24		of 1995 (Public Act 89-89) is declarative of existing
25		law and is not a new enactment);
26		(D) The amount of any net operating loss deduction

HB4844 Engrossed - 436 - LRB103 39009 AMC 69146 b
1		taken in arriving at taxable income, other than a net
2		operating loss carried forward from a taxable year
3		ending prior to December 31, 1986;
4		(E) For taxable years in which a net operating
5		loss carryback or carryforward from a taxable year
6		ending prior to December 31, 1986 is an element of
7		taxable income under paragraph (1) of subsection (e)
8		or subparagraph (E) of paragraph (2) of subsection
9		(e), the amount by which addition modifications other
10		than those provided by this subparagraph (E) exceeded
11		subtraction modifications in such earlier taxable
12		year, with the following limitations applied in the
13		order that they are listed:
14		(i) the addition modification relating to the
15		net operating loss carried back or forward to the
16		taxable year from any taxable year ending prior to
17		December 31, 1986 shall be reduced by the amount
18		of addition modification under this subparagraph
19		(E) which related to that net operating loss and
20		which was taken into account in calculating the
21		base income of an earlier taxable year, and
22		(ii) the addition modification relating to the
23		net operating loss carried back or forward to the
24		taxable year from any taxable year ending prior to
25		December 31, 1986 shall not exceed the amount of
26		such carryback or carryforward;

HB4844 Engrossed - 437 - LRB103 39009 AMC 69146 b
1		For taxable years in which there is a net
2		operating loss carryback or carryforward from more
3		than one other taxable year ending prior to December
4		31, 1986, the addition modification provided in this
5		subparagraph (E) shall be the sum of the amounts
6		computed independently under the preceding provisions
7		of this subparagraph (E) for each such taxable year;
8		(E-5) For taxable years ending after December 31,
9		1997, an amount equal to any eligible remediation
10		costs that the corporation deducted in computing
11		adjusted gross income and for which the corporation
12		claims a credit under subsection (l) of Section 201;
13		(E-10) For taxable years 2001 and thereafter, an
14		amount equal to the bonus depreciation deduction taken
15		on the taxpayer's federal income tax return for the
16		taxable year under subsection (k) of Section 168 of
17		the Internal Revenue Code;
18		(E-11) If the taxpayer sells, transfers, abandons,
19		or otherwise disposes of property for which the
20		taxpayer was required in any taxable year to make an
21		addition modification under subparagraph (E-10), then
22		an amount equal to the aggregate amount of the
23		deductions taken in all taxable years under
24		subparagraph (T) with respect to that property.
25		If the taxpayer continues to own property through
26		the last day of the last tax year for which a

HB4844 Engrossed - 438 - LRB103 39009 AMC 69146 b
1		subtraction is allowed with respect to that property
2		under subparagraph (T) and for which the taxpayer was
3		allowed in any taxable year to make a subtraction
4		modification under subparagraph (T), then an amount
5		equal to that subtraction modification.
6		The taxpayer is required to make the addition
7		modification under this subparagraph only once with
8		respect to any one piece of property;
9		(E-12) An amount equal to the amount otherwise
10		allowed as a deduction in computing base income for
11		interest paid, accrued, or incurred, directly or
12		indirectly, (i) for taxable years ending on or after
13		December 31, 2004, to a foreign person who would be a
14		member of the same unitary business group but for the
15		fact the foreign person's business activity outside
16		the United States is 80% or more of the foreign
17		person's total business activity and (ii) for taxable
18		years ending on or after December 31, 2008, to a person
19		who would be a member of the same unitary business
20		group but for the fact that the person is prohibited
21		under Section 1501(a)(27) from being included in the
22		unitary business group because he or she is ordinarily
23		required to apportion business income under different
24		subsections of Section 304. The addition modification
25		required by this subparagraph shall be reduced to the
26		extent that dividends were included in base income of

HB4844 Engrossed - 439 - LRB103 39009 AMC 69146 b
1		the unitary group for the same taxable year and
2		received by the taxpayer or by a member of the
3		taxpayer's unitary business group (including amounts
4		included in gross income pursuant to Sections 951
5		through 964 of the Internal Revenue Code and amounts
6		included in gross income under Section 78 of the
7		Internal Revenue Code) with respect to the stock of
8		the same person to whom the interest was paid,
9		accrued, or incurred.
10		This paragraph shall not apply to the following:
11		(i) an item of interest paid, accrued, or
12		incurred, directly or indirectly, to a person who
13		is subject in a foreign country or state, other
14		than a state which requires mandatory unitary
15		reporting, to a tax on or measured by net income
16		with respect to such interest; or
17		(ii) an item of interest paid, accrued, or
18		incurred, directly or indirectly, to a person if
19		the taxpayer can establish, based on a
20		preponderance of the evidence, both of the
21		following:
22		(a) the person, during the same taxable
23		year, paid, accrued, or incurred, the interest
24		to a person that is not a related member, and
25		(b) the transaction giving rise to the
26		interest expense between the taxpayer and the

HB4844 Engrossed - 440 - LRB103 39009 AMC 69146 b
1		person did not have as a principal purpose the
2		avoidance of Illinois income tax, and is paid
3		pursuant to a contract or agreement that
4		reflects an arm's-length interest rate and
5		terms; or
6		(iii) the taxpayer can establish, based on
7		clear and convincing evidence, that the interest
8		paid, accrued, or incurred relates to a contract
9		or agreement entered into at arm's-length rates
10		and terms and the principal purpose for the
11		payment is not federal or Illinois tax avoidance;
12		or
13		(iv) an item of interest paid, accrued, or
14		incurred, directly or indirectly, to a person if
15		the taxpayer establishes by clear and convincing
16		evidence that the adjustments are unreasonable; or
17		if the taxpayer and the Director agree in writing
18		to the application or use of an alternative method
19		of apportionment under Section 304(f).
20		Nothing in this subsection shall preclude the
21		Director from making any other adjustment
22		otherwise allowed under Section 404 of this Act
23		for any tax year beginning after the effective
24		date of this amendment provided such adjustment is
25		made pursuant to regulation adopted by the
26		Department and such regulations provide methods

HB4844 Engrossed - 441 - LRB103 39009 AMC 69146 b
1		and standards by which the Department will utilize
2		its authority under Section 404 of this Act;
3		(E-13) An amount equal to the amount of intangible
4		expenses and costs otherwise allowed as a deduction in
5		computing base income, and that were paid, accrued, or
6		incurred, directly or indirectly, (i) for taxable
7		years ending on or after December 31, 2004, to a
8		foreign person who would be a member of the same
9		unitary business group but for the fact that the
10		foreign person's business activity outside the United
11		States is 80% or more of that person's total business
12		activity and (ii) for taxable years ending on or after
13		December 31, 2008, to a person who would be a member of
14		the same unitary business group but for the fact that
15		the person is prohibited under Section 1501(a)(27)
16		from being included in the unitary business group
17		because he or she is ordinarily required to apportion
18		business income under different subsections of Section
19		304. The addition modification required by this
20		subparagraph shall be reduced to the extent that
21		dividends were included in base income of the unitary
22		group for the same taxable year and received by the
23		taxpayer or by a member of the taxpayer's unitary
24		business group (including amounts included in gross
25		income pursuant to Sections 951 through 964 of the
26		Internal Revenue Code and amounts included in gross

HB4844 Engrossed - 442 - LRB103 39009 AMC 69146 b
1		income under Section 78 of the Internal Revenue Code)
2		with respect to the stock of the same person to whom
3		the intangible expenses and costs were directly or
4		indirectly paid, incurred, or accrued. The preceding
5		sentence shall not apply to the extent that the same
6		dividends caused a reduction to the addition
7		modification required under Section 203(b)(2)(E-12) of
8		this Act. As used in this subparagraph, the term
9		"intangible expenses and costs" includes (1) expenses,
10		losses, and costs for, or related to, the direct or
11		indirect acquisition, use, maintenance or management,
12		ownership, sale, exchange, or any other disposition of
13		intangible property; (2) losses incurred, directly or
14		indirectly, from factoring transactions or discounting
15		transactions; (3) royalty, patent, technical, and
16		copyright fees; (4) licensing fees; and (5) other
17		similar expenses and costs. For purposes of this
18		subparagraph, "intangible property" includes patents,
19		patent applications, trade names, trademarks, service
20		marks, copyrights, mask works, trade secrets, and
21		similar types of intangible assets.
22		This paragraph shall not apply to the following:
23		(i) any item of intangible expenses or costs
24		paid, accrued, or incurred, directly or
25		indirectly, from a transaction with a person who
26		is subject in a foreign country or state, other

HB4844 Engrossed - 443 - LRB103 39009 AMC 69146 b
1		than a state which requires mandatory unitary
2		reporting, to a tax on or measured by net income
3		with respect to such item; or
4		(ii) any item of intangible expense or cost
5		paid, accrued, or incurred, directly or
6		indirectly, if the taxpayer can establish, based
7		on a preponderance of the evidence, both of the
8		following:
9		(a) the person during the same taxable
10		year paid, accrued, or incurred, the
11		intangible expense or cost to a person that is
12		not a related member, and
13		(b) the transaction giving rise to the
14		intangible expense or cost between the
15		taxpayer and the person did not have as a
16		principal purpose the avoidance of Illinois
17		income tax, and is paid pursuant to a contract
18		or agreement that reflects arm's-length terms;
19		or
20		(iii) any item of intangible expense or cost
21		paid, accrued, or incurred, directly or
22		indirectly, from a transaction with a person if
23		the taxpayer establishes by clear and convincing
24		evidence, that the adjustments are unreasonable;
25		or if the taxpayer and the Director agree in
26		writing to the application or use of an

HB4844 Engrossed - 444 - LRB103 39009 AMC 69146 b
1		alternative method of apportionment under Section
2		304(f);
3		Nothing in this subsection shall preclude the
4		Director from making any other adjustment
5		otherwise allowed under Section 404 of this Act
6		for any tax year beginning after the effective
7		date of this amendment provided such adjustment is
8		made pursuant to regulation adopted by the
9		Department and such regulations provide methods
10		and standards by which the Department will utilize
11		its authority under Section 404 of this Act;
12		(E-14) For taxable years ending on or after
13		December 31, 2008, an amount equal to the amount of
14		insurance premium expenses and costs otherwise allowed
15		as a deduction in computing base income, and that were
16		paid, accrued, or incurred, directly or indirectly, to
17		a person who would be a member of the same unitary
18		business group but for the fact that the person is
19		prohibited under Section 1501(a)(27) from being
20		included in the unitary business group because he or
21		she is ordinarily required to apportion business
22		income under different subsections of Section 304. The
23		addition modification required by this subparagraph
24		shall be reduced to the extent that dividends were
25		included in base income of the unitary group for the
26		same taxable year and received by the taxpayer or by a

HB4844 Engrossed - 445 - LRB103 39009 AMC 69146 b
1		member of the taxpayer's unitary business group
2		(including amounts included in gross income under
3		Sections 951 through 964 of the Internal Revenue Code
4		and amounts included in gross income under Section 78
5		of the Internal Revenue Code) with respect to the
6		stock of the same person to whom the premiums and costs
7		were directly or indirectly paid, incurred, or
8		accrued. The preceding sentence does not apply to the
9		extent that the same dividends caused a reduction to
10		the addition modification required under Section
11		203(b)(2)(E-12) or Section 203(b)(2)(E-13) of this
12		Act;
13		(E-15) For taxable years beginning after December
14		31, 2008, any deduction for dividends paid by a
15		captive real estate investment trust that is allowed
16		to a real estate investment trust under Section
17		857(b)(2)(B) of the Internal Revenue Code for
18		dividends paid;
19		(E-16) An amount equal to the credit allowable to
20		the taxpayer under Section 218(a) of this Act,
21		determined without regard to Section 218(c) of this
22		Act;
23		(E-17) For taxable years ending on or after
24		December 31, 2017, an amount equal to the deduction
25		allowed under Section 199 of the Internal Revenue Code
26		for the taxable year;

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1		(E-18) for taxable years beginning after December
2		31, 2018, an amount equal to the deduction allowed
3		under Section 250(a)(1)(A) of the Internal Revenue
4		Code for the taxable year;
5		(E-19) for taxable years ending on or after June
6		30, 2021, an amount equal to the deduction allowed
7		under Section 250(a)(1)(B)(i) of the Internal Revenue
8		Code for the taxable year;
9		(E-20) for taxable years ending on or after June
10		30, 2021, an amount equal to the deduction allowed
11		under Sections 243(e) and 245A(a) of the Internal
12		Revenue Code for the taxable year.
13		and by deducting from the total so obtained the sum of the
14		following amounts:
15		(F) An amount equal to the amount of any tax
16		imposed by this Act which was refunded to the taxpayer
17		and included in such total for the taxable year;
18		(G) An amount equal to any amount included in such
19		total under Section 78 of the Internal Revenue Code;
20		(H) In the case of a regulated investment company,
21		an amount equal to the amount of exempt interest
22		dividends as defined in subsection (b)(5) of Section
23		852 of the Internal Revenue Code, paid to shareholders
24		for the taxable year;
25		(I) With the exception of any amounts subtracted
26		under subparagraph (J), an amount equal to the sum of

HB4844 Engrossed - 447 - LRB103 39009 AMC 69146 b
1		all amounts disallowed as deductions by (i) Sections
2		171(a)(2) and 265(a)(2) and amounts disallowed as
3		interest expense by Section 291(a)(3) of the Internal
4		Revenue Code, and all amounts of expenses allocable to
5		interest and disallowed as deductions by Section
6		265(a)(1) of the Internal Revenue Code; and (ii) for
7		taxable years ending on or after August 13, 1999,
8		Sections 171(a)(2), 265, 280C, 291(a)(3), and
9		832(b)(5)(B)(i) of the Internal Revenue Code, plus,
10		for tax years ending on or after December 31, 2011,
11		amounts disallowed as deductions by Section 45G(e)(3)
12		of the Internal Revenue Code and, for taxable years
13		ending on or after December 31, 2008, any amount
14		included in gross income under Section 87 of the
15		Internal Revenue Code and the policyholders' share of
16		tax-exempt interest of a life insurance company under
17		Section 807(a)(2)(B) of the Internal Revenue Code (in
18		the case of a life insurance company with gross income
19		from a decrease in reserves for the tax year) or
20		Section 807(b)(1)(B) of the Internal Revenue Code (in
21		the case of a life insurance company allowed a
22		deduction for an increase in reserves for the tax
23		year); the provisions of this subparagraph are exempt
24		from the provisions of Section 250;
25		(J) An amount equal to all amounts included in
26		such total which are exempt from taxation by this

HB4844 Engrossed - 448 - LRB103 39009 AMC 69146 b
1		State either by reason of its statutes or Constitution
2		or by reason of the Constitution, treaties or statutes
3		of the United States; provided that, in the case of any
4		statute of this State that exempts income derived from
5		bonds or other obligations from the tax imposed under
6		this Act, the amount exempted shall be the interest
7		net of bond premium amortization;
8		(K) An amount equal to those dividends included in
9		such total which were paid by a corporation which
10		conducts business operations in a River Edge
11		Redevelopment Zone or zones created under the River
12		Edge Redevelopment Zone Act and conducts substantially
13		all of its operations in a River Edge Redevelopment
14		Zone or zones. This subparagraph (K) is exempt from
15		the provisions of Section 250;
16		(L) An amount equal to those dividends included in
17		such total that were paid by a corporation that
18		conducts business operations in a federally designated
19		Foreign Trade Zone or Sub-Zone and that is designated
20		a High Impact Business located in Illinois; provided
21		that dividends eligible for the deduction provided in
22		subparagraph (K) of paragraph 2 of this subsection
23		shall not be eligible for the deduction provided under
24		this subparagraph (L);
25		(M) For any taxpayer that is a financial
26		organization within the meaning of Section 304(c) of

HB4844 Engrossed - 449 - LRB103 39009 AMC 69146 b
1		this Act, an amount included in such total as interest
2		income from a loan or loans made by such taxpayer to a
3		borrower, to the extent that such a loan is secured by
4		property which is eligible for the River Edge
5		Redevelopment Zone Investment Credit. To determine the
6		portion of a loan or loans that is secured by property
7		eligible for a Section 201(f) investment credit to the
8		borrower, the entire principal amount of the loan or
9		loans between the taxpayer and the borrower should be
10		divided into the basis of the Section 201(f)
11		investment credit property which secures the loan or
12		loans, using for this purpose the original basis of
13		such property on the date that it was placed in service
14		in the River Edge Redevelopment Zone. The subtraction
15		modification available to the taxpayer in any year
16		under this subsection shall be that portion of the
17		total interest paid by the borrower with respect to
18		such loan attributable to the eligible property as
19		calculated under the previous sentence. This
20		subparagraph (M) is exempt from the provisions of
21		Section 250;
22		(M-1) For any taxpayer that is a financial
23		organization within the meaning of Section 304(c) of
24		this Act, an amount included in such total as interest
25		income from a loan or loans made by such taxpayer to a
26		borrower, to the extent that such a loan is secured by

HB4844 Engrossed - 450 - LRB103 39009 AMC 69146 b
1		property which is eligible for the High Impact
2		Business Investment Credit. To determine the portion
3		of a loan or loans that is secured by property eligible
4		for a Section 201(h) investment credit to the
5		borrower, the entire principal amount of the loan or
6		loans between the taxpayer and the borrower should be
7		divided into the basis of the Section 201(h)
8		investment credit property which secures the loan or
9		loans, using for this purpose the original basis of
10		such property on the date that it was placed in service
11		in a federally designated Foreign Trade Zone or
12		Sub-Zone located in Illinois. No taxpayer that is
13		eligible for the deduction provided in subparagraph
14		(M) of paragraph (2) of this subsection shall be
15		eligible for the deduction provided under this
16		subparagraph (M-1). The subtraction modification
17		available to taxpayers in any year under this
18		subsection shall be that portion of the total interest
19		paid by the borrower with respect to such loan
20		attributable to the eligible property as calculated
21		under the previous sentence;
22		(N) Two times any contribution made during the
23		taxable year to a designated zone organization to the
24		extent that the contribution (i) qualifies as a
25		charitable contribution under subsection (c) of
26		Section 170 of the Internal Revenue Code and (ii)

HB4844 Engrossed - 451 - LRB103 39009 AMC 69146 b
1		must, by its terms, be used for a project approved by
2		the Department of Commerce and Economic Opportunity
3		under Section 11 of the Illinois Enterprise Zone Act
4		or under Section 10-10 of the River Edge Redevelopment
5		Zone Act. This subparagraph (N) is exempt from the
6		provisions of Section 250;
7		(O) An amount equal to: (i) 85% for taxable years
8		ending on or before December 31, 1992, or, a
9		percentage equal to the percentage allowable under
10		Section 243(a)(1) of the Internal Revenue Code of 1986
11		for taxable years ending after December 31, 1992, of
12		the amount by which dividends included in taxable
13		income and received from a corporation that is not
14		created or organized under the laws of the United
15		States or any state or political subdivision thereof,
16		including, for taxable years ending on or after
17		December 31, 1988, dividends received or deemed
18		received or paid or deemed paid under Sections 951
19		through 965 of the Internal Revenue Code, exceed the
20		amount of the modification provided under subparagraph
21		(G) of paragraph (2) of this subsection (b) which is
22		related to such dividends, and including, for taxable
23		years ending on or after December 31, 2008, dividends
24		received from a captive real estate investment trust;
25		plus (ii) 100% of the amount by which dividends,
26		included in taxable income and received, including,

HB4844 Engrossed - 452 - LRB103 39009 AMC 69146 b
1		for taxable years ending on or after December 31,
2		1988, dividends received or deemed received or paid or
3		deemed paid under Sections 951 through 964 of the
4		Internal Revenue Code and including, for taxable years
5		ending on or after December 31, 2008, dividends
6		received from a captive real estate investment trust,
7		from any such corporation specified in clause (i) that
8		would but for the provisions of Section 1504(b)(3) of
9		the Internal Revenue Code be treated as a member of the
10		affiliated group which includes the dividend
11		recipient, exceed the amount of the modification
12		provided under subparagraph (G) of paragraph (2) of
13		this subsection (b) which is related to such
14		dividends. For taxable years ending on or after June
15		30, 2021, (i) for purposes of this subparagraph, the
16		term "dividend" does not include any amount treated as
17		a dividend under Section 1248 of the Internal Revenue
18		Code, and (ii) this subparagraph shall not apply to
19		dividends for which a deduction is allowed under
20		Section 245(a) of the Internal Revenue Code. This
21		subparagraph (O) is exempt from the provisions of
22		Section 250 of this Act;
23		(P) An amount equal to any contribution made to a
24		job training project established pursuant to the Tax
25		Increment Allocation Redevelopment Act;
26		(Q) An amount equal to the amount of the deduction

HB4844 Engrossed - 453 - LRB103 39009 AMC 69146 b
1		used to compute the federal income tax credit for
2		restoration of substantial amounts held under claim of
3		right for the taxable year pursuant to Section 1341 of
4		the Internal Revenue Code;
5		(R) On and after July 20, 1999, in the case of an
6		attorney-in-fact with respect to whom an interinsurer
7		or a reciprocal insurer has made the election under
8		Section 835 of the Internal Revenue Code, 26 U.S.C.
9		835, an amount equal to the excess, if any, of the
10		amounts paid or incurred by that interinsurer or
11		reciprocal insurer in the taxable year to the
12		attorney-in-fact over the deduction allowed to that
13		interinsurer or reciprocal insurer with respect to the
14		attorney-in-fact under Section 835(b) of the Internal
15		Revenue Code for the taxable year; the provisions of
16		this subparagraph are exempt from the provisions of
17		Section 250;
18		(S) For taxable years ending on or after December
19		31, 1997, in the case of a Subchapter S corporation, an
20		amount equal to all amounts of income allocable to a
21		shareholder subject to the Personal Property Tax
22		Replacement Income Tax imposed by subsections (c) and
23		(d) of Section 201 of this Act, including amounts
24		allocable to organizations exempt from federal income
25		tax by reason of Section 501(a) of the Internal
26		Revenue Code. This subparagraph (S) is exempt from the

HB4844 Engrossed - 454 - LRB103 39009 AMC 69146 b
1		provisions of Section 250;
2		(T) For taxable years 2001 and thereafter, for the
3		taxable year in which the bonus depreciation deduction
4		is taken on the taxpayer's federal income tax return
5		under subsection (k) of Section 168 of the Internal
6		Revenue Code and for each applicable taxable year
7		thereafter, an amount equal to "x", where:
8		(1) "y" equals the amount of the depreciation
9		deduction taken for the taxable year on the
10		taxpayer's federal income tax return on property
11		for which the bonus depreciation deduction was
12		taken in any year under subsection (k) of Section
13		168 of the Internal Revenue Code, but not
14		including the bonus depreciation deduction;
15		(2) for taxable years ending on or before
16		December 31, 2005, "x" equals "y" multiplied by 30
17		and then divided by 70 (or "y" multiplied by
18		0.429); and
19		(3) for taxable years ending after December
20		31, 2005:
21		(i) for property on which a bonus
22		depreciation deduction of 30% of the adjusted
23		basis was taken, "x" equals "y" multiplied by
24		30 and then divided by 70 (or "y" multiplied
25		by 0.429);
26		(ii) for property on which a bonus

HB4844 Engrossed - 455 - LRB103 39009 AMC 69146 b
1		depreciation deduction of 50% of the adjusted
2		basis was taken, "x" equals "y" multiplied by
3		1.0;
4		(iii) for property on which a bonus
5		depreciation deduction of 100% of the adjusted
6		basis was taken in a taxable year ending on or
7		after December 31, 2021, "x" equals the
8		depreciation deduction that would be allowed
9		on that property if the taxpayer had made the
10		election under Section 168(k)(7) of the
11		Internal Revenue Code to not claim bonus
12		depreciation on that property; and
13		(iv) for property on which a bonus
14		depreciation deduction of a percentage other
15		than 30%, 50% or 100% of the adjusted basis
16		was taken in a taxable year ending on or after
17		December 31, 2021, "x" equals "y" multiplied
18		by 100 times the percentage bonus depreciation
19		on the property (that is, 100(bonus%)) and
20		then divided by 100 times 1 minus the
21		percentage bonus depreciation on the property
22		(that is, 100(1-bonus%)).
23		The aggregate amount deducted under this
24		subparagraph in all taxable years for any one piece of
25		property may not exceed the amount of the bonus
26		depreciation deduction taken on that property on the

HB4844 Engrossed - 456 - LRB103 39009 AMC 69146 b
1		taxpayer's federal income tax return under subsection
2		(k) of Section 168 of the Internal Revenue Code. This
3		subparagraph (T) is exempt from the provisions of
4		Section 250;
5		(U) If the taxpayer sells, transfers, abandons, or
6		otherwise disposes of property for which the taxpayer
7		was required in any taxable year to make an addition
8		modification under subparagraph (E-10), then an amount
9		equal to that addition modification.
10		If the taxpayer continues to own property through
11		the last day of the last tax year for which a
12		subtraction is allowed with respect to that property
13		under subparagraph (T) and for which the taxpayer was
14		required in any taxable year to make an addition
15		modification under subparagraph (E-10), then an amount
16		equal to that addition modification.
17		The taxpayer is allowed to take the deduction
18		under this subparagraph only once with respect to any
19		one piece of property.
20		This subparagraph (U) is exempt from the
21		provisions of Section 250;
22		(V) The amount of: (i) any interest income (net of
23		the deductions allocable thereto) taken into account
24		for the taxable year with respect to a transaction
25		with a taxpayer that is required to make an addition
26		modification with respect to such transaction under

HB4844 Engrossed - 457 - LRB103 39009 AMC 69146 b
1		Section 203(a)(2)(D-17), 203(b)(2)(E-12),
2		203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed
3		the amount of such addition modification, (ii) any
4		income from intangible property (net of the deductions
5		allocable thereto) taken into account for the taxable
6		year with respect to a transaction with a taxpayer
7		that is required to make an addition modification with
8		respect to such transaction under Section
9		203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or
10		203(d)(2)(D-8), but not to exceed the amount of such
11		addition modification, and (iii) any insurance premium
12		income (net of deductions allocable thereto) taken
13		into account for the taxable year with respect to a
14		transaction with a taxpayer that is required to make
15		an addition modification with respect to such
16		transaction under Section 203(a)(2)(D-19), Section
17		203(b)(2)(E-14), Section 203(c)(2)(G-14), or Section
18		203(d)(2)(D-9), but not to exceed the amount of that
19		addition modification. This subparagraph (V) is exempt
20		from the provisions of Section 250;
21		(W) An amount equal to the interest income taken
22		into account for the taxable year (net of the
23		deductions allocable thereto) with respect to
24		transactions with (i) a foreign person who would be a
25		member of the taxpayer's unitary business group but
26		for the fact that the foreign person's business

HB4844 Engrossed - 458 - LRB103 39009 AMC 69146 b
1		activity outside the United States is 80% or more of
2		that person's total business activity and (ii) for
3		taxable years ending on or after December 31, 2008, to
4		a person who would be a member of the same unitary
5		business group but for the fact that the person is
6		prohibited under Section 1501(a)(27) from being
7		included in the unitary business group because he or
8		she is ordinarily required to apportion business
9		income under different subsections of Section 304, but
10		not to exceed the addition modification required to be
11		made for the same taxable year under Section
12		203(b)(2)(E-12) for interest paid, accrued, or
13		incurred, directly or indirectly, to the same person.
14		This subparagraph (W) is exempt from the provisions of
15		Section 250;
16		(X) An amount equal to the income from intangible
17		property taken into account for the taxable year (net
18		of the deductions allocable thereto) with respect to
19		transactions with (i) a foreign person who would be a
20		member of the taxpayer's unitary business group but
21		for the fact that the foreign person's business
22		activity outside the United States is 80% or more of
23		that person's total business activity and (ii) for
24		taxable years ending on or after December 31, 2008, to
25		a person who would be a member of the same unitary
26		business group but for the fact that the person is

HB4844 Engrossed - 459 - LRB103 39009 AMC 69146 b
1		prohibited under Section 1501(a)(27) from being
2		included in the unitary business group because he or
3		she is ordinarily required to apportion business
4		income under different subsections of Section 304, but
5		not to exceed the addition modification required to be
6		made for the same taxable year under Section
7		203(b)(2)(E-13) for intangible expenses and costs
8		paid, accrued, or incurred, directly or indirectly, to
9		the same foreign person. This subparagraph (X) is
10		exempt from the provisions of Section 250;
11		(Y) For taxable years ending on or after December
12		31, 2011, in the case of a taxpayer who was required to
13		add back any insurance premiums under Section
14		203(b)(2)(E-14), such taxpayer may elect to subtract
15		that part of a reimbursement received from the
16		insurance company equal to the amount of the expense
17		or loss (including expenses incurred by the insurance
18		company) that would have been taken into account as a
19		deduction for federal income tax purposes if the
20		expense or loss had been uninsured. If a taxpayer
21		makes the election provided for by this subparagraph
22		(Y), the insurer to which the premiums were paid must
23		add back to income the amount subtracted by the
24		taxpayer pursuant to this subparagraph (Y). This
25		subparagraph (Y) is exempt from the provisions of
26		Section 250;

HB4844 Engrossed - 460 - LRB103 39009 AMC 69146 b
1		(Z) The difference between the nondeductible
2		controlled foreign corporation dividends under Section
3		965(e)(3) of the Internal Revenue Code over the
4		taxable income of the taxpayer, computed without
5		regard to Section 965(e)(2)(A) of the Internal Revenue
6		Code, and without regard to any net operating loss
7		deduction. This subparagraph (Z) is exempt from the
8		provisions of Section 250; and
9		(AA) For taxable years beginning on or after
10		January 1, 2023, for any cannabis establishment
11		operating in this State and licensed under the
12		Cannabis Regulation and Tax Act or any cannabis
13		cultivation center or medical cannabis dispensing
14		organization operating in this State and licensed
15		under the Compassionate Use of Medical Cannabis
16		Program Act, an amount equal to the deductions that
17		were disallowed under Section 280E of the Internal
18		Revenue Code for the taxable year and that would not be
19		added back under this subsection. The provisions of
20		this subparagraph (AA) are exempt from the provisions
21		of Section 250.
22		(3) Special rule. For purposes of paragraph (2)(A),
23		"gross income" in the case of a life insurance company,
24		for tax years ending on and after December 31, 1994, and
25		prior to December 31, 2011, shall mean the gross
26		investment income for the taxable year and, for tax years

HB4844 Engrossed - 461 - LRB103 39009 AMC 69146 b
1		ending on or after December 31, 2011, shall mean all
2		amounts included in life insurance gross income under
3		Section 803(a)(3) of the Internal Revenue Code.
4		(c) Trusts and estates.
5		(1) In general. In the case of a trust or estate, base
6		income means an amount equal to the taxpayer's taxable
7		income for the taxable year as modified by paragraph (2).
8		(2) Modifications. Subject to the provisions of
9		paragraph (3), the taxable income referred to in paragraph
10		(1) shall be modified by adding thereto the sum of the
11		following amounts:
12		(A) An amount equal to all amounts paid or accrued
13		to the taxpayer as interest or dividends during the
14		taxable year to the extent excluded from gross income
15		in the computation of taxable income;
16		(B) In the case of (i) an estate, $600; (ii) a
17		trust which, under its governing instrument, is
18		required to distribute all of its income currently,
19		$300; and (iii) any other trust, $100, but in each such
20		case, only to the extent such amount was deducted in
21		the computation of taxable income;
22		(C) An amount equal to the amount of tax imposed by
23		this Act to the extent deducted from gross income in
24		the computation of taxable income for the taxable
25		year;

HB4844 Engrossed - 462 - LRB103 39009 AMC 69146 b
1		(D) The amount of any net operating loss deduction
2		taken in arriving at taxable income, other than a net
3		operating loss carried forward from a taxable year
4		ending prior to December 31, 1986;
5		(E) For taxable years in which a net operating
6		loss carryback or carryforward from a taxable year
7		ending prior to December 31, 1986 is an element of
8		taxable income under paragraph (1) of subsection (e)
9		or subparagraph (E) of paragraph (2) of subsection
10		(e), the amount by which addition modifications other
11		than those provided by this subparagraph (E) exceeded
12		subtraction modifications in such taxable year, with
13		the following limitations applied in the order that
14		they are listed:
15		(i) the addition modification relating to the
16		net operating loss carried back or forward to the
17		taxable year from any taxable year ending prior to
18		December 31, 1986 shall be reduced by the amount
19		of addition modification under this subparagraph
20		(E) which related to that net operating loss and
21		which was taken into account in calculating the
22		base income of an earlier taxable year, and
23		(ii) the addition modification relating to the
24		net operating loss carried back or forward to the
25		taxable year from any taxable year ending prior to
26		December 31, 1986 shall not exceed the amount of

HB4844 Engrossed - 463 - LRB103 39009 AMC 69146 b
1		such carryback or carryforward;
2		For taxable years in which there is a net
3		operating loss carryback or carryforward from more
4		than one other taxable year ending prior to December
5		31, 1986, the addition modification provided in this
6		subparagraph (E) shall be the sum of the amounts
7		computed independently under the preceding provisions
8		of this subparagraph (E) for each such taxable year;
9		(F) For taxable years ending on or after January
10		1, 1989, an amount equal to the tax deducted pursuant
11		to Section 164 of the Internal Revenue Code if the
12		trust or estate is claiming the same tax for purposes
13		of the Illinois foreign tax credit under Section 601
14		of this Act;
15		(G) An amount equal to the amount of the capital
16		gain deduction allowable under the Internal Revenue
17		Code, to the extent deducted from gross income in the
18		computation of taxable income;
19		(G-5) For taxable years ending after December 31,
20		1997, an amount equal to any eligible remediation
21		costs that the trust or estate deducted in computing
22		adjusted gross income and for which the trust or
23		estate claims a credit under subsection (l) of Section
24		201;
25		(G-10) For taxable years 2001 and thereafter, an
26		amount equal to the bonus depreciation deduction taken

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1		on the taxpayer's federal income tax return for the
2		taxable year under subsection (k) of Section 168 of
3		the Internal Revenue Code; and
4		(G-11) If the taxpayer sells, transfers, abandons,
5		or otherwise disposes of property for which the
6		taxpayer was required in any taxable year to make an
7		addition modification under subparagraph (G-10), then
8		an amount equal to the aggregate amount of the
9		deductions taken in all taxable years under
10		subparagraph (R) with respect to that property.
11		If the taxpayer continues to own property through
12		the last day of the last tax year for which a
13		subtraction is allowed with respect to that property
14		under subparagraph (R) and for which the taxpayer was
15		allowed in any taxable year to make a subtraction
16		modification under subparagraph (R), then an amount
17		equal to that subtraction modification.
18		The taxpayer is required to make the addition
19		modification under this subparagraph only once with
20		respect to any one piece of property;
21		(G-12) An amount equal to the amount otherwise
22		allowed as a deduction in computing base income for
23		interest paid, accrued, or incurred, directly or
24		indirectly, (i) for taxable years ending on or after
25		December 31, 2004, to a foreign person who would be a
26		member of the same unitary business group but for the

HB4844 Engrossed - 465 - LRB103 39009 AMC 69146 b
1		fact that the foreign person's business activity
2		outside the United States is 80% or more of the foreign
3		person's total business activity and (ii) for taxable
4		years ending on or after December 31, 2008, to a person
5		who would be a member of the same unitary business
6		group but for the fact that the person is prohibited
7		under Section 1501(a)(27) from being included in the
8		unitary business group because he or she is ordinarily
9		required to apportion business income under different
10		subsections of Section 304. The addition modification
11		required by this subparagraph shall be reduced to the
12		extent that dividends were included in base income of
13		the unitary group for the same taxable year and
14		received by the taxpayer or by a member of the
15		taxpayer's unitary business group (including amounts
16		included in gross income pursuant to Sections 951
17		through 964 of the Internal Revenue Code and amounts
18		included in gross income under Section 78 of the
19		Internal Revenue Code) with respect to the stock of
20		the same person to whom the interest was paid,
21		accrued, or incurred.
22		This paragraph shall not apply to the following:
23		(i) an item of interest paid, accrued, or
24		incurred, directly or indirectly, to a person who
25		is subject in a foreign country or state, other
26		than a state which requires mandatory unitary

HB4844 Engrossed - 466 - LRB103 39009 AMC 69146 b
1		reporting, to a tax on or measured by net income
2		with respect to such interest; or
3		(ii) an item of interest paid, accrued, or
4		incurred, directly or indirectly, to a person if
5		the taxpayer can establish, based on a
6		preponderance of the evidence, both of the
7		following:
8		(a) the person, during the same taxable
9		year, paid, accrued, or incurred, the interest
10		to a person that is not a related member, and
11		(b) the transaction giving rise to the
12		interest expense between the taxpayer and the
13		person did not have as a principal purpose the
14		avoidance of Illinois income tax, and is paid
15		pursuant to a contract or agreement that
16		reflects an arm's-length interest rate and
17		terms; or
18		(iii) the taxpayer can establish, based on
19		clear and convincing evidence, that the interest
20		paid, accrued, or incurred relates to a contract
21		or agreement entered into at arm's-length rates
22		and terms and the principal purpose for the
23		payment is not federal or Illinois tax avoidance;
24		or
25		(iv) an item of interest paid, accrued, or
26		incurred, directly or indirectly, to a person if

HB4844 Engrossed - 467 - LRB103 39009 AMC 69146 b
1		the taxpayer establishes by clear and convincing
2		evidence that the adjustments are unreasonable; or
3		if the taxpayer and the Director agree in writing
4		to the application or use of an alternative method
5		of apportionment under Section 304(f).
6		Nothing in this subsection shall preclude the
7		Director from making any other adjustment
8		otherwise allowed under Section 404 of this Act
9		for any tax year beginning after the effective
10		date of this amendment provided such adjustment is
11		made pursuant to regulation adopted by the
12		Department and such regulations provide methods
13		and standards by which the Department will utilize
14		its authority under Section 404 of this Act;
15		(G-13) An amount equal to the amount of intangible
16		expenses and costs otherwise allowed as a deduction in
17		computing base income, and that were paid, accrued, or
18		incurred, directly or indirectly, (i) for taxable
19		years ending on or after December 31, 2004, to a
20		foreign person who would be a member of the same
21		unitary business group but for the fact that the
22		foreign person's business activity outside the United
23		States is 80% or more of that person's total business
24		activity and (ii) for taxable years ending on or after
25		December 31, 2008, to a person who would be a member of
26		the same unitary business group but for the fact that

HB4844 Engrossed - 468 - LRB103 39009 AMC 69146 b
1		the person is prohibited under Section 1501(a)(27)
2		from being included in the unitary business group
3		because he or she is ordinarily required to apportion
4		business income under different subsections of Section
5		304. The addition modification required by this
6		subparagraph shall be reduced to the extent that
7		dividends were included in base income of the unitary
8		group for the same taxable year and received by the
9		taxpayer or by a member of the taxpayer's unitary
10		business group (including amounts included in gross
11		income pursuant to Sections 951 through 964 of the
12		Internal Revenue Code and amounts included in gross
13		income under Section 78 of the Internal Revenue Code)
14		with respect to the stock of the same person to whom
15		the intangible expenses and costs were directly or
16		indirectly paid, incurred, or accrued. The preceding
17		sentence shall not apply to the extent that the same
18		dividends caused a reduction to the addition
19		modification required under Section 203(c)(2)(G-12) of
20		this Act. As used in this subparagraph, the term
21		"intangible expenses and costs" includes: (1)
22		expenses, losses, and costs for or related to the
23		direct or indirect acquisition, use, maintenance or
24		management, ownership, sale, exchange, or any other
25		disposition of intangible property; (2) losses
26		incurred, directly or indirectly, from factoring

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

HB4844 Engrossed - 470 - LRB103 39009 AMC 69146 b
1		taxpayer and the person did not have as a
2		principal purpose the avoidance of Illinois
3		income tax, and is paid pursuant to a contract
4		or agreement that reflects arm's-length terms;
5		or
6		(iii) any item of intangible expense or cost
7		paid, accrued, or incurred, directly or
8		indirectly, from a transaction with a person if
9		the taxpayer establishes by clear and convincing
10		evidence, that the adjustments are unreasonable;
11		or if the taxpayer and the Director agree in
12		writing to the application or use of an
13		alternative method of apportionment under Section
14		304(f);
15		Nothing in this subsection shall preclude the
16		Director from making any other adjustment
17		otherwise allowed under Section 404 of this Act
18		for any tax year beginning after the effective
19		date of this amendment provided such adjustment is
20		made pursuant to regulation adopted by the
21		Department and such regulations provide methods
22		and standards by which the Department will utilize
23		its authority under Section 404 of this Act;
24		(G-14) For taxable years ending on or after
25		December 31, 2008, an amount equal to the amount of
26		insurance premium expenses and costs otherwise allowed

HB4844 Engrossed - 471 - LRB103 39009 AMC 69146 b
1		as a deduction in computing base income, and that were
2		paid, accrued, or incurred, directly or indirectly, to
3		a person who would be a member of the same unitary
4		business group but for the fact that the person is
5		prohibited under Section 1501(a)(27) from being
6		included in the unitary business group because he or
7		she is ordinarily required to apportion business
8		income under different subsections of Section 304. The
9		addition modification required by this subparagraph
10		shall be reduced to the extent that dividends were
11		included in base income of the unitary group for the
12		same taxable year and received by the taxpayer or by a
13		member of the taxpayer's unitary business group
14		(including amounts included in gross income under
15		Sections 951 through 964 of the Internal Revenue Code
16		and amounts included in gross income under Section 78
17		of the Internal Revenue Code) with respect to the
18		stock of the same person to whom the premiums and costs
19		were directly or indirectly paid, incurred, or
20		accrued. The preceding sentence does not apply to the
21		extent that the same dividends caused a reduction to
22		the addition modification required under Section
23		203(c)(2)(G-12) or Section 203(c)(2)(G-13) of this
24		Act;
25		(G-15) An amount equal to the credit allowable to
26		the taxpayer under Section 218(a) of this Act,

HB4844 Engrossed - 472 - LRB103 39009 AMC 69146 b
1		determined without regard to Section 218(c) of this
2		Act;
3		(G-16) For taxable years ending on or after
4		December 31, 2017, an amount equal to the deduction
5		allowed under Section 199 of the Internal Revenue Code
6		for the taxable year;
7		and by deducting from the total so obtained the sum of the
8		following amounts:
9		(H) An amount equal to all amounts included in
10		such total pursuant to the provisions of Sections
11		402(a), 402(c), 403(a), 403(b), 406(a), 407(a) and 408
12		of the Internal Revenue Code or included in such total
13		as distributions under the provisions of any
14		retirement or disability plan for employees of any
15		governmental agency or unit, or retirement payments to
16		retired partners, which payments are excluded in
17		computing net earnings from self employment by Section
18		1402 of the Internal Revenue Code and regulations
19		adopted pursuant thereto;
20		(I) The valuation limitation amount;
21		(J) An amount equal to the amount of any tax
22		imposed by this Act which was refunded to the taxpayer
23		and included in such total for the taxable year;
24		(K) An amount equal to all amounts included in
25		taxable income as modified by subparagraphs (A), (B),
26		(C), (D), (E), (F) and (G) which are exempt from

HB4844 Engrossed - 473 - LRB103 39009 AMC 69146 b
1		taxation by this State either by reason of its
2		statutes or Constitution or by reason of the
3		Constitution, treaties or statutes of the United
4		States; provided that, in the case of any statute of
5		this State that exempts income derived from bonds or
6		other obligations from the tax imposed under this Act,
7		the amount exempted shall be the interest net of bond
8		premium amortization;
9		(L) With the exception of any amounts subtracted
10		under subparagraph (K), an amount equal to the sum of
11		all amounts disallowed as deductions by (i) Sections
12		171(a)(2) and 265(a)(2) of the Internal Revenue Code,
13		and all amounts of expenses allocable to interest and
14		disallowed as deductions by Section 265(a)(1) of the
15		Internal Revenue Code; and (ii) for taxable years
16		ending on or after August 13, 1999, Sections
17		171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of the
18		Internal Revenue Code, plus, (iii) for taxable years
19		ending on or after December 31, 2011, Section
20		45G(e)(3) of the Internal Revenue Code and, for
21		taxable years ending on or after December 31, 2008,
22		any amount included in gross income under Section 87
23		of the Internal Revenue Code; the provisions of this
24		subparagraph are exempt from the provisions of Section
25		250;
26		(M) An amount equal to those dividends included in

HB4844 Engrossed - 474 - LRB103 39009 AMC 69146 b
1		such total which were paid by a corporation which
2		conducts business operations in a River Edge
3		Redevelopment Zone or zones created under the River
4		Edge Redevelopment Zone Act and conducts substantially
5		all of its operations in a River Edge Redevelopment
6		Zone or zones. This subparagraph (M) is exempt from
7		the provisions of Section 250;
8		(N) An amount equal to any contribution made to a
9		job training project established pursuant to the Tax
10		Increment Allocation Redevelopment Act;
11		(O) An amount equal to those dividends included in
12		such total that were paid by a corporation that
13		conducts business operations in a federally designated
14		Foreign Trade Zone or Sub-Zone and that is designated
15		a High Impact Business located in Illinois; provided
16		that dividends eligible for the deduction provided in
17		subparagraph (M) of paragraph (2) of this subsection
18		shall not be eligible for the deduction provided under
19		this subparagraph (O);
20		(P) An amount equal to the amount of the deduction
21		used to compute the federal income tax credit for
22		restoration of substantial amounts held under claim of
23		right for the taxable year pursuant to Section 1341 of
24		the Internal Revenue Code;
25		(Q) For taxable year 1999 and thereafter, an
26		amount equal to the amount of any (i) distributions,

HB4844 Engrossed - 475 - LRB103 39009 AMC 69146 b
1		to the extent includible in gross income for federal
2		income tax purposes, made to the taxpayer because of
3		his or her status as a victim of persecution for racial
4		or religious reasons by Nazi Germany or any other Axis
5		regime or as an heir of the victim and (ii) items of
6		income, to the extent includible in gross income for
7		federal income tax purposes, attributable to, derived
8		from or in any way related to assets stolen from,
9		hidden from, or otherwise lost to a victim of
10		persecution for racial or religious reasons by Nazi
11		Germany or any other Axis regime immediately prior to,
12		during, and immediately after World War II, including,
13		but not limited to, interest on the proceeds
14		receivable as insurance under policies issued to a
15		victim of persecution for racial or religious reasons
16		by Nazi Germany or any other Axis regime by European
17		insurance companies immediately prior to and during
18		World War II; provided, however, this subtraction from
19		federal adjusted gross income does not apply to assets
20		acquired with such assets or with the proceeds from
21		the sale of such assets; provided, further, this
22		paragraph shall only apply to a taxpayer who was the
23		first recipient of such assets after their recovery
24		and who is a victim of persecution for racial or
25		religious reasons by Nazi Germany or any other Axis
26		regime or as an heir of the victim. The amount of and

HB4844 Engrossed - 476 - LRB103 39009 AMC 69146 b
1		the eligibility for any public assistance, benefit, or
2		similar entitlement is not affected by the inclusion
3		of items (i) and (ii) of this paragraph in gross income
4		for federal income tax purposes. This paragraph is
5		exempt from the provisions of Section 250;
6		(R) For taxable years 2001 and thereafter, for the
7		taxable year in which the bonus depreciation deduction
8		is taken on the taxpayer's federal income tax return
9		under subsection (k) of Section 168 of the Internal
10		Revenue Code and for each applicable taxable year
11		thereafter, an amount equal to "x", where:
12		(1) "y" equals the amount of the depreciation
13		deduction taken for the taxable year on the
14		taxpayer's federal income tax return on property
15		for which the bonus depreciation deduction was
16		taken in any year under subsection (k) of Section
17		168 of the Internal Revenue Code, but not
18		including the bonus depreciation deduction;
19		(2) for taxable years ending on or before
20		December 31, 2005, "x" equals "y" multiplied by 30
21		and then divided by 70 (or "y" multiplied by
22		0.429); and
23		(3) for taxable years ending after December
24		31, 2005:
25		(i) for property on which a bonus
26		depreciation deduction of 30% of the adjusted

HB4844 Engrossed - 477 - LRB103 39009 AMC 69146 b
1		basis was taken, "x" equals "y" multiplied by
2		30 and then divided by 70 (or "y" multiplied
3		by 0.429);
4		(ii) for property on which a bonus
5		depreciation deduction of 50% of the adjusted
6		basis was taken, "x" equals "y" multiplied by
7		1.0;
8		(iii) for property on which a bonus
9		depreciation deduction of 100% of the adjusted
10		basis was taken in a taxable year ending on or
11		after December 31, 2021, "x" equals the
12		depreciation deduction that would be allowed
13		on that property if the taxpayer had made the
14		election under Section 168(k)(7) of the
15		Internal Revenue Code to not claim bonus
16		depreciation on that property; and
17		(iv) for property on which a bonus
18		depreciation deduction of a percentage other
19		than 30%, 50% or 100% of the adjusted basis
20		was taken in a taxable year ending on or after
21		December 31, 2021, "x" equals "y" multiplied
22		by 100 times the percentage bonus depreciation
23		on the property (that is, 100(bonus%)) and
24		then divided by 100 times 1 minus the
25		percentage bonus depreciation on the property
26		(that is, 100(1-bonus%)).

HB4844 Engrossed - 478 - LRB103 39009 AMC 69146 b
1		The aggregate amount deducted under this
2		subparagraph in all taxable years for any one piece of
3		property may not exceed the amount of the bonus
4		depreciation deduction taken on that property on the
5		taxpayer's federal income tax return under subsection
6		(k) of Section 168 of the Internal Revenue Code. This
7		subparagraph (R) is exempt from the provisions of
8		Section 250;
9		(S) If the taxpayer sells, transfers, abandons, or
10		otherwise disposes of property for which the taxpayer
11		was required in any taxable year to make an addition
12		modification under subparagraph (G-10), then an amount
13		equal to that addition modification.
14		If the taxpayer continues to own property through
15		the last day of the last tax year for which a
16		subtraction is allowed with respect to that property
17		under subparagraph (R) and for which the taxpayer was
18		required in any taxable year to make an addition
19		modification under subparagraph (G-10), then an amount
20		equal to that addition modification.
21		The taxpayer is allowed to take the deduction
22		under this subparagraph only once with respect to any
23		one piece of property.
24		This subparagraph (S) is exempt from the
25		provisions of Section 250;
26		(T) The amount of (i) any interest income (net of

HB4844 Engrossed - 479 - LRB103 39009 AMC 69146 b
1		the deductions allocable thereto) taken into account
2		for the taxable year with respect to a transaction
3		with a taxpayer that is required to make an addition
4		modification with respect to such transaction under
5		Section 203(a)(2)(D-17), 203(b)(2)(E-12),
6		203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed
7		the amount of such addition modification and (ii) any
8		income from intangible property (net of the deductions
9		allocable thereto) taken into account for the taxable
10		year with respect to a transaction with a taxpayer
11		that is required to make an addition modification with
12		respect to such transaction under Section
13		203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or
14		203(d)(2)(D-8), but not to exceed the amount of such
15		addition modification. This subparagraph (T) is exempt
16		from the provisions of Section 250;
17		(U) An amount equal to the interest income taken
18		into account for the taxable year (net of the
19		deductions allocable thereto) with respect to
20		transactions with (i) a foreign person who would be a
21		member of the taxpayer's unitary business group but
22		for the fact the foreign person's business activity
23		outside the United States is 80% or more of that
24		person's total business activity and (ii) for taxable
25		years ending on or after December 31, 2008, to a person
26		who would be a member of the same unitary business

HB4844 Engrossed - 480 - LRB103 39009 AMC 69146 b
1		group but for the fact that the person is prohibited
2		under Section 1501(a)(27) from being included in the
3		unitary business group because he or she is ordinarily
4		required to apportion business income under different
5		subsections of Section 304, but not to exceed the
6		addition modification required to be made for the same
7		taxable year under Section 203(c)(2)(G-12) for
8		interest paid, accrued, or incurred, directly or
9		indirectly, to the same person. This subparagraph (U)
10		is exempt from the provisions of Section 250;
11		(V) An amount equal to the income from intangible
12		property taken into account for the taxable year (net
13		of the deductions allocable thereto) with respect to
14		transactions with (i) a foreign person who would be a
15		member of the taxpayer's unitary business group but
16		for the fact that the foreign person's business
17		activity outside the United States is 80% or more of
18		that person's total business activity and (ii) for
19		taxable years ending on or after December 31, 2008, to
20		a person who would be a member of the same unitary
21		business group but for the fact that the person is
22		prohibited under Section 1501(a)(27) from being
23		included in the unitary business group because he or
24		she is ordinarily required to apportion business
25		income under different subsections of Section 304, but
26		not to exceed the addition modification required to be

HB4844 Engrossed - 481 - LRB103 39009 AMC 69146 b
1		made for the same taxable year under Section
2		203(c)(2)(G-13) for intangible expenses and costs
3		paid, accrued, or incurred, directly or indirectly, to
4		the same foreign person. This subparagraph (V) is
5		exempt from the provisions of Section 250;
6		(W) in the case of an estate, an amount equal to
7		all amounts included in such total pursuant to the
8		provisions of Section 111 of the Internal Revenue Code
9		as a recovery of items previously deducted by the
10		decedent from adjusted gross income in the computation
11		of taxable income. This subparagraph (W) is exempt
12		from Section 250;
13		(X) an amount equal to the refund included in such
14		total of any tax deducted for federal income tax
15		purposes, to the extent that deduction was added back
16		under subparagraph (F). This subparagraph (X) is
17		exempt from the provisions of Section 250;
18		(Y) For taxable years ending on or after December
19		31, 2011, in the case of a taxpayer who was required to
20		add back any insurance premiums under Section
21		203(c)(2)(G-14), such taxpayer may elect to subtract
22		that part of a reimbursement received from the
23		insurance company equal to the amount of the expense
24		or loss (including expenses incurred by the insurance
25		company) that would have been taken into account as a
26		deduction for federal income tax purposes if the

HB4844 Engrossed - 482 - LRB103 39009 AMC 69146 b
1		expense or loss had been uninsured. If a taxpayer
2		makes the election provided for by this subparagraph
3		(Y), the insurer to which the premiums were paid must
4		add back to income the amount subtracted by the
5		taxpayer pursuant to this subparagraph (Y). This
6		subparagraph (Y) is exempt from the provisions of
7		Section 250;
8		(Z) For taxable years beginning after December 31,
9		2018 and before January 1, 2026, the amount of excess
10		business loss of the taxpayer disallowed as a
11		deduction by Section 461(l)(1)(B) of the Internal
12		Revenue Code; and
13		(AA) For taxable years beginning on or after
14		January 1, 2023, for any cannabis establishment
15		operating in this State and licensed under the
16		Cannabis Regulation and Tax Act or any cannabis
17		cultivation center or medical cannabis dispensing
18		organization operating in this State and licensed
19		under the Compassionate Use of Medical Cannabis
20		Program Act, an amount equal to the deductions that
21		were disallowed under Section 280E of the Internal
22		Revenue Code for the taxable year and that would not be
23		added back under this subsection. The provisions of
24		this subparagraph (AA) are exempt from the provisions
25		of Section 250.
26		(3) Limitation. The amount of any modification

HB4844 Engrossed - 483 - LRB103 39009 AMC 69146 b
1		otherwise required under this subsection shall, under
2		regulations prescribed by the Department, be adjusted by
3		any amounts included therein which were properly paid,
4		credited, or required to be distributed, or permanently
5		set aside for charitable purposes pursuant to Internal
6		Revenue Code Section 642(c) during the taxable year.
7		(d) Partnerships.
8		(1) In general. In the case of a partnership, base
9		income means an amount equal to the taxpayer's taxable
10		income for the taxable year as modified by paragraph (2).
11		(2) Modifications. The taxable income referred to in
12		paragraph (1) shall be modified by adding thereto the sum
13		of the following amounts:
14		(A) An amount equal to all amounts paid or accrued
15		to the taxpayer as interest or dividends during the
16		taxable year to the extent excluded from gross income
17		in the computation of taxable income;
18		(B) An amount equal to the amount of tax imposed by
19		this Act to the extent deducted from gross income for
20		the taxable year;
21		(C) The amount of deductions allowed to the
22		partnership pursuant to Section 707 (c) of the
23		Internal Revenue Code in calculating its taxable
24		income;
25		(D) An amount equal to the amount of the capital

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1		gain deduction allowable under the Internal Revenue
2		Code, to the extent deducted from gross income in the
3		computation of taxable income;
4		(D-5) For taxable years 2001 and thereafter, an
5		amount equal to the bonus depreciation deduction taken
6		on the taxpayer's federal income tax return for the
7		taxable year under subsection (k) of Section 168 of
8		the Internal Revenue Code;
9		(D-6) If the taxpayer sells, transfers, abandons,
10		or otherwise disposes of property for which the
11		taxpayer was required in any taxable year to make an
12		addition modification under subparagraph (D-5), then
13		an amount equal to the aggregate amount of the
14		deductions taken in all taxable years under
15		subparagraph (O) with respect to that property.
16		If the taxpayer continues to own property through
17		the last day of the last tax year for which a
18		subtraction is allowed with respect to that property
19		under subparagraph (O) and for which the taxpayer was
20		allowed in any taxable year to make a subtraction
21		modification under subparagraph (O), then an amount
22		equal to that subtraction modification.
23		The taxpayer is required to make the addition
24		modification under this subparagraph only once with
25		respect to any one piece of property;
26		(D-7) An amount equal to the amount otherwise

HB4844 Engrossed - 485 - LRB103 39009 AMC 69146 b
1		allowed as a deduction in computing base income for
2		interest paid, accrued, or incurred, directly or
3		indirectly, (i) for taxable years ending on or after
4		December 31, 2004, to a foreign person who would be a
5		member of the same unitary business group but for the
6		fact the foreign person's business activity outside
7		the United States is 80% or more of the foreign
8		person's total business activity and (ii) for taxable
9		years ending on or after December 31, 2008, to a person
10		who would be a member of the same unitary business
11		group but for the fact that the person is prohibited
12		under Section 1501(a)(27) from being included in the
13		unitary business group because he or she is ordinarily
14		required to apportion business income under different
15		subsections of Section 304. The addition modification
16		required by this subparagraph shall be reduced to the
17		extent that dividends were included in base income of
18		the unitary group for the same taxable year and
19		received by the taxpayer or by a member of the
20		taxpayer's unitary business group (including amounts
21		included in gross income pursuant to Sections 951
22		through 964 of the Internal Revenue Code and amounts
23		included in gross income under Section 78 of the
24		Internal Revenue Code) with respect to the stock of
25		the same person to whom the interest was paid,
26		accrued, or incurred.

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1		This paragraph shall not apply to the following:
2		(i) an item of interest paid, accrued, or
3		incurred, directly or indirectly, to a person who
4		is subject in a foreign country or state, other
5		than a state which requires mandatory unitary
6		reporting, to a tax on or measured by net income
7		with respect to such interest; or
8		(ii) an item of interest paid, accrued, or
9		incurred, directly or indirectly, to a person if
10		the taxpayer can establish, based on a
11		preponderance of the evidence, both of the
12		following:
13		(a) the person, during the same taxable
14		year, paid, accrued, or incurred, the interest
15		to a person that is not a related member, and
16		(b) the transaction giving rise to the
17		interest expense between the taxpayer and the
18		person did not have as a principal purpose the
19		avoidance of Illinois income tax, and is paid
20		pursuant to a contract or agreement that
21		reflects an arm's-length interest rate and
22		terms; or
23		(iii) the taxpayer can establish, based on
24		clear and convincing evidence, that the interest
25		paid, accrued, or incurred relates to a contract
26		or agreement entered into at arm's-length rates

HB4844 Engrossed - 487 - LRB103 39009 AMC 69146 b
1		and terms and the principal purpose for the
2		payment is not federal or Illinois tax avoidance;
3		or
4		(iv) an item of interest paid, accrued, or
5		incurred, directly or indirectly, to a person if
6		the taxpayer establishes by clear and convincing
7		evidence that the adjustments are unreasonable; or
8		if the taxpayer and the Director agree in writing
9		to the application or use of an alternative method
10		of apportionment under Section 304(f).
11		Nothing in this subsection shall preclude the
12		Director from making any other adjustment
13		otherwise allowed under Section 404 of this Act
14		for any tax year beginning after the effective
15		date of this amendment provided such adjustment is
16		made pursuant to regulation adopted by the
17		Department and such regulations provide methods
18		and standards by which the Department will utilize
19		its authority under Section 404 of this Act; and
20		(D-8) An amount equal to the amount of intangible
21		expenses and costs otherwise allowed as a deduction in
22		computing base income, and that were paid, accrued, or
23		incurred, directly or indirectly, (i) for taxable
24		years ending on or after December 31, 2004, to a
25		foreign person who would be a member of the same
26		unitary business group but for the fact that the

HB4844 Engrossed - 488 - LRB103 39009 AMC 69146 b
1		foreign person's business activity outside the United
2		States is 80% or more of that person's total business
3		activity and (ii) for taxable years ending on or after
4		December 31, 2008, to a person who would be a member of
5		the same unitary business group but for the fact that
6		the person is prohibited under Section 1501(a)(27)
7		from being included in the unitary business group
8		because he or she is ordinarily required to apportion
9		business income under different subsections of Section
10		304. The addition modification required by this
11		subparagraph shall be reduced to the extent that
12		dividends were included in base income of the unitary
13		group for the same taxable year and received by the
14		taxpayer or by a member of the taxpayer's unitary
15		business group (including amounts included in gross
16		income pursuant to Sections 951 through 964 of the
17		Internal Revenue Code and amounts included in gross
18		income under Section 78 of the Internal Revenue Code)
19		with respect to the stock of the same person to whom
20		the intangible expenses and costs were directly or
21		indirectly paid, incurred or accrued. The preceding
22		sentence shall not apply to the extent that the same
23		dividends caused a reduction to the addition
24		modification required under Section 203(d)(2)(D-7) of
25		this Act. As used in this subparagraph, the term
26		"intangible expenses and costs" includes (1) expenses,

HB4844 Engrossed - 489 - LRB103 39009 AMC 69146 b
1		losses, and costs for, or related to, the direct or
2		indirect acquisition, use, maintenance or management,
3		ownership, sale, exchange, or any other disposition of
4		intangible property; (2) losses incurred, directly or
5		indirectly, from factoring transactions or discounting
6		transactions; (3) royalty, patent, technical, and
7		copyright fees; (4) licensing fees; and (5) other
8		similar expenses and costs. For purposes of this
9		subparagraph, "intangible property" includes patents,
10		patent applications, trade names, trademarks, service
11		marks, copyrights, mask works, trade secrets, and
12		similar types of intangible assets;
13		This paragraph shall not apply to the following:
14		(i) any item of intangible expenses or costs
15		paid, accrued, or incurred, directly or
16		indirectly, from a transaction with a person who
17		is subject in a foreign country or state, other
18		than a state which requires mandatory unitary
19		reporting, to a tax on or measured by net income
20		with respect to such item; or
21		(ii) any item of intangible expense or cost
22		paid, accrued, or incurred, directly or
23		indirectly, if the taxpayer can establish, based
24		on a preponderance of the evidence, both of the
25		following:
26		(a) the person during the same taxable

HB4844 Engrossed - 490 - LRB103 39009 AMC 69146 b
1		year paid, accrued, or incurred, the
2		intangible expense or cost to a person that is
3		not a related member, and
4		(b) the transaction giving rise to the
5		intangible expense or cost between the
6		taxpayer and the person did not have as a
7		principal purpose the avoidance of Illinois
8		income tax, and is paid pursuant to a contract
9		or agreement that reflects arm's-length terms;
10		or
11		(iii) any item of intangible expense or cost
12		paid, accrued, or incurred, directly or
13		indirectly, from a transaction with a person if
14		the taxpayer establishes by clear and convincing
15		evidence, that the adjustments are unreasonable;
16		or if the taxpayer and the Director agree in
17		writing to the application or use of an
18		alternative method of apportionment under Section
19		304(f);
20		Nothing in this subsection shall preclude the
21		Director from making any other adjustment
22		otherwise allowed under Section 404 of this Act
23		for any tax year beginning after the effective
24		date of this amendment provided such adjustment is
25		made pursuant to regulation adopted by the
26		Department and such regulations provide methods

HB4844 Engrossed - 491 - LRB103 39009 AMC 69146 b
1		and standards by which the Department will utilize
2		its authority under Section 404 of this Act;
3		(D-9) For taxable years ending on or after
4		December 31, 2008, an amount equal to the amount of
5		insurance premium expenses and costs otherwise allowed
6		as a deduction in computing base income, and that were
7		paid, accrued, or incurred, directly or indirectly, to
8		a person who would be a member of the same unitary
9		business group but for the fact that the person is
10		prohibited under Section 1501(a)(27) from being
11		included in the unitary business group because he or
12		she is ordinarily required to apportion business
13		income under different subsections of Section 304. The
14		addition modification required by this subparagraph
15		shall be reduced to the extent that dividends were
16		included in base income of the unitary group for the
17		same taxable year and received by the taxpayer or by a
18		member of the taxpayer's unitary business group
19		(including amounts included in gross income under
20		Sections 951 through 964 of the Internal Revenue Code
21		and amounts included in gross income under Section 78
22		of the Internal Revenue Code) with respect to the
23		stock of the same person to whom the premiums and costs
24		were directly or indirectly paid, incurred, or
25		accrued. The preceding sentence does not apply to the
26		extent that the same dividends caused a reduction to

HB4844 Engrossed - 492 - LRB103 39009 AMC 69146 b
1		the addition modification required under Section
2		203(d)(2)(D-7) or Section 203(d)(2)(D-8) of this Act;
3		(D-10) An amount equal to the credit allowable to
4		the taxpayer under Section 218(a) of this Act,
5		determined without regard to Section 218(c) of this
6		Act;
7		(D-11) For taxable years ending on or after
8		December 31, 2017, an amount equal to the deduction
9		allowed under Section 199 of the Internal Revenue Code
10		for the taxable year;
11		and by deducting from the total so obtained the following
12		amounts:
13		(E) The valuation limitation amount;
14		(F) An amount equal to the amount of any tax
15		imposed by this Act which was refunded to the taxpayer
16		and included in such total for the taxable year;
17		(G) An amount equal to all amounts included in
18		taxable income as modified by subparagraphs (A), (B),
19		(C) and (D) which are exempt from taxation by this
20		State either by reason of its statutes or Constitution
21		or by reason of the Constitution, treaties or statutes
22		of the United States; provided that, in the case of any
23		statute of this State that exempts income derived from
24		bonds or other obligations from the tax imposed under
25		this Act, the amount exempted shall be the interest
26		net of bond premium amortization;

HB4844 Engrossed - 493 - LRB103 39009 AMC 69146 b
1		(H) Any income of the partnership which
2		constitutes personal service income as defined in
3		Section 1348(b)(1) of the Internal Revenue Code (as in
4		effect December 31, 1981) or a reasonable allowance
5		for compensation paid or accrued for services rendered
6		by partners to the partnership, whichever is greater;
7		this subparagraph (H) is exempt from the provisions of
8		Section 250;
9		(I) An amount equal to all amounts of income
10		distributable to an entity subject to the Personal
11		Property Tax Replacement Income Tax imposed by
12		subsections (c) and (d) of Section 201 of this Act
13		including amounts distributable to organizations
14		exempt from federal income tax by reason of Section
15		501(a) of the Internal Revenue Code; this subparagraph
16		(I) is exempt from the provisions of Section 250;
17		(J) With the exception of any amounts subtracted
18		under subparagraph (G), an amount equal to the sum of
19		all amounts disallowed as deductions by (i) Sections
20		171(a)(2) and 265(a)(2) of the Internal Revenue Code,
21		and all amounts of expenses allocable to interest and
22		disallowed as deductions by Section 265(a)(1) of the
23		Internal Revenue Code; and (ii) for taxable years
24		ending on or after August 13, 1999, Sections
25		171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of the
26		Internal Revenue Code, plus, (iii) for taxable years

HB4844 Engrossed - 494 - LRB103 39009 AMC 69146 b
1		ending on or after December 31, 2011, Section
2		45G(e)(3) of the Internal Revenue Code and, for
3		taxable years ending on or after December 31, 2008,
4		any amount included in gross income under Section 87
5		of the Internal Revenue Code; the provisions of this
6		subparagraph are exempt from the provisions of Section
7		250;
8		(K) An amount equal to those dividends included in
9		such total which were paid by a corporation which
10		conducts business operations in a River Edge
11		Redevelopment Zone or zones created under the River
12		Edge Redevelopment Zone Act and conducts substantially
13		all of its operations from a River Edge Redevelopment
14		Zone or zones. This subparagraph (K) is exempt from
15		the provisions of Section 250;
16		(L) An amount equal to any contribution made to a
17		job training project established pursuant to the Real
18		Property Tax Increment Allocation Redevelopment Act;
19		(M) An amount equal to those dividends included in
20		such total that were paid by a corporation that
21		conducts business operations in a federally designated
22		Foreign Trade Zone or Sub-Zone and that is designated
23		a High Impact Business located in Illinois; provided
24		that dividends eligible for the deduction provided in
25		subparagraph (K) of paragraph (2) of this subsection
26		shall not be eligible for the deduction provided under

HB4844 Engrossed - 495 - LRB103 39009 AMC 69146 b
1		this subparagraph (M);
2		(N) An amount equal to the amount of the deduction
3		used to compute the federal income tax credit for
4		restoration of substantial amounts held under claim of
5		right for the taxable year pursuant to Section 1341 of
6		the Internal Revenue Code;
7		(O) For taxable years 2001 and thereafter, for the
8		taxable year in which the bonus depreciation deduction
9		is taken on the taxpayer's federal income tax return
10		under subsection (k) of Section 168 of the Internal
11		Revenue Code and for each applicable taxable year
12		thereafter, an amount equal to "x", where:
13		(1) "y" equals the amount of the depreciation
14		deduction taken for the taxable year on the
15		taxpayer's federal income tax return on property
16		for which the bonus depreciation deduction was
17		taken in any year under subsection (k) of Section
18		168 of the Internal Revenue Code, but not
19		including the bonus depreciation deduction;
20		(2) for taxable years ending on or before
21		December 31, 2005, "x" equals "y" multiplied by 30
22		and then divided by 70 (or "y" multiplied by
23		0.429); and
24		(3) for taxable years ending after December
25		31, 2005:
26		(i) for property on which a bonus

HB4844 Engrossed - 496 - LRB103 39009 AMC 69146 b
1		depreciation deduction of 30% of the adjusted
2		basis was taken, "x" equals "y" multiplied by
3		30 and then divided by 70 (or "y" multiplied
4		by 0.429);
5		(ii) for property on which a bonus
6		depreciation deduction of 50% of the adjusted
7		basis was taken, "x" equals "y" multiplied by
8		1.0;
9		(iii) for property on which a bonus
10		depreciation deduction of 100% of the adjusted
11		basis was taken in a taxable year ending on or
12		after December 31, 2021, "x" equals the
13		depreciation deduction that would be allowed
14		on that property if the taxpayer had made the
15		election under Section 168(k)(7) of the
16		Internal Revenue Code to not claim bonus
17		depreciation on that property; and
18		(iv) for property on which a bonus
19		depreciation deduction of a percentage other
20		than 30%, 50% or 100% of the adjusted basis
21		was taken in a taxable year ending on or after
22		December 31, 2021, "x" equals "y" multiplied
23		by 100 times the percentage bonus depreciation
24		on the property (that is, 100(bonus%)) and
25		then divided by 100 times 1 minus the
26		percentage bonus depreciation on the property

HB4844 Engrossed - 497 - LRB103 39009 AMC 69146 b
1		(that is, 100(1-bonus%)).
2		The aggregate amount deducted under this
3		subparagraph in all taxable years for any one piece of
4		property may not exceed the amount of the bonus
5		depreciation deduction taken on that property on the
6		taxpayer's federal income tax return under subsection
7		(k) of Section 168 of the Internal Revenue Code. This
8		subparagraph (O) is exempt from the provisions of
9		Section 250;
10		(P) If the taxpayer sells, transfers, abandons, or
11		otherwise disposes of property for which the taxpayer
12		was required in any taxable year to make an addition
13		modification under subparagraph (D-5), then an amount
14		equal to that addition modification.
15		If the taxpayer continues to own property through
16		the last day of the last tax year for which a
17		subtraction is allowed with respect to that property
18		under subparagraph (O) and for which the taxpayer was
19		required in any taxable year to make an addition
20		modification under subparagraph (D-5), then an amount
21		equal to that addition modification.
22		The taxpayer is allowed to take the deduction
23		under this subparagraph only once with respect to any
24		one piece of property.
25		This subparagraph (P) is exempt from the
26		provisions of Section 250;

HB4844 Engrossed - 498 - LRB103 39009 AMC 69146 b
1		(Q) The amount of (i) any interest income (net of
2		the deductions allocable thereto) taken into account
3		for the taxable year with respect to a transaction
4		with a taxpayer that is required to make an addition
5		modification with respect to such transaction under
6		Section 203(a)(2)(D-17), 203(b)(2)(E-12),
7		203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed
8		the amount of such addition modification and (ii) any
9		income from intangible property (net of the deductions
10		allocable thereto) taken into account for the taxable
11		year with respect to a transaction with a taxpayer
12		that is required to make an addition modification with
13		respect to such transaction under Section
14		203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or
15		203(d)(2)(D-8), but not to exceed the amount of such
16		addition modification. This subparagraph (Q) is exempt
17		from Section 250;
18		(R) An amount equal to the interest income taken
19		into account for the taxable year (net of the
20		deductions allocable thereto) with respect to
21		transactions with (i) a foreign person who would be a
22		member of the taxpayer's unitary business group but
23		for the fact that the foreign person's business
24		activity outside the United States is 80% or more of
25		that person's total business activity and (ii) for
26		taxable years ending on or after December 31, 2008, to

HB4844 Engrossed - 499 - LRB103 39009 AMC 69146 b
1		a person who would be a member of the same unitary
2		business group but for the fact that the person is
3		prohibited under Section 1501(a)(27) from being
4		included in the unitary business group because he or
5		she is ordinarily required to apportion business
6		income under different subsections of Section 304, but
7		not to exceed the addition modification required to be
8		made for the same taxable year under Section
9		203(d)(2)(D-7) for interest paid, accrued, or
10		incurred, directly or indirectly, to the same person.
11		This subparagraph (R) is exempt from Section 250;
12		(S) An amount equal to the income from intangible
13		property taken into account for the taxable year (net
14		of the deductions allocable thereto) with respect to
15		transactions with (i) a foreign person who would be a
16		member of the taxpayer's unitary business group but
17		for the fact that the foreign person's business
18		activity outside the United States is 80% or more of
19		that person's total business activity and (ii) for
20		taxable years ending on or after December 31, 2008, to
21		a person who would be a member of the same unitary
22		business group but for the fact that the person is
23		prohibited under Section 1501(a)(27) from being
24		included in the unitary business group because he or
25		she is ordinarily required to apportion business
26		income under different subsections of Section 304, but

HB4844 Engrossed - 500 - LRB103 39009 AMC 69146 b
1		not to exceed the addition modification required to be
2		made for the same taxable year under Section
3		203(d)(2)(D-8) for intangible expenses and costs paid,
4		accrued, or incurred, directly or indirectly, to the
5		same person. This subparagraph (S) is exempt from
6		Section 250;
7		(T) For taxable years ending on or after December
8		31, 2011, in the case of a taxpayer who was required to
9		add back any insurance premiums under Section
10		203(d)(2)(D-9), such taxpayer may elect to subtract
11		that part of a reimbursement received from the
12		insurance company equal to the amount of the expense
13		or loss (including expenses incurred by the insurance
14		company) that would have been taken into account as a
15		deduction for federal income tax purposes if the
16		expense or loss had been uninsured. If a taxpayer
17		makes the election provided for by this subparagraph
18		(T), the insurer to which the premiums were paid must
19		add back to income the amount subtracted by the
20		taxpayer pursuant to this subparagraph (T). This
21		subparagraph (T) is exempt from the provisions of
22		Section 250; and
23		(U) For taxable years beginning on or after
24		January 1, 2023, for any cannabis establishment
25		operating in this State and licensed under the
26		Cannabis Regulation and Tax Act or any cannabis

HB4844 Engrossed - 501 - LRB103 39009 AMC 69146 b
1		cultivation center or medical cannabis dispensing
2		organization operating in this State and licensed
3		under the Compassionate Use of Medical Cannabis
4		Program Act, an amount equal to the deductions that
5		were disallowed under Section 280E of the Internal
6		Revenue Code for the taxable year and that would not be
7		added back under this subsection. The provisions of
8		this subparagraph (U) are exempt from the provisions
9		of Section 250.
10		(e) Gross income; adjusted gross income; taxable income.
11		(1) In general. Subject to the provisions of paragraph
12		(2) and subsection (b)(3), for purposes of this Section
13		and Section 803(e), a taxpayer's gross income, adjusted
14		gross income, or taxable income for the taxable year shall
15		mean the amount of gross income, adjusted gross income or
16		taxable income properly reportable for federal income tax
17		purposes for the taxable year under the provisions of the
18		Internal Revenue Code. Taxable income may be less than
19		zero. However, for taxable years ending on or after
20		December 31, 1986, net operating loss carryforwards from
21		taxable years ending prior to December 31, 1986, may not
22		exceed the sum of federal taxable income for the taxable
23		year before net operating loss deduction, plus the excess
24		of addition modifications over subtraction modifications
25		for the taxable year. For taxable years ending prior to

HB4844 Engrossed - 502 - LRB103 39009 AMC 69146 b
1		December 31, 1986, taxable income may never be an amount
2		in excess of the net operating loss for the taxable year as
3		defined in subsections (c) and (d) of Section 172 of the
4		Internal Revenue Code, provided that when taxable income
5		of a corporation (other than a Subchapter S corporation),
6		trust, or estate is less than zero and addition
7		modifications, other than those provided by subparagraph
8		(E) of paragraph (2) of subsection (b) for corporations or
9		subparagraph (E) of paragraph (2) of subsection (c) for
10		trusts and estates, exceed subtraction modifications, an
11		addition modification must be made under those
12		subparagraphs for any other taxable year to which the
13		taxable income less than zero (net operating loss) is
14		applied under Section 172 of the Internal Revenue Code or
15		under subparagraph (E) of paragraph (2) of this subsection
16		(e) applied in conjunction with Section 172 of the
17		Internal Revenue Code.
18		(2) Special rule. For purposes of paragraph (1) of
19		this subsection, the taxable income properly reportable
20		for federal income tax purposes shall mean:
21		(A) Certain life insurance companies. In the case
22		of a life insurance company subject to the tax imposed
23		by Section 801 of the Internal Revenue Code, life
24		insurance company taxable income, plus the amount of
25		distribution from pre-1984 policyholder surplus
26		accounts as calculated under Section 815a of the

HB4844 Engrossed - 503 - LRB103 39009 AMC 69146 b
1		Internal Revenue Code;
2		(B) Certain other insurance companies. In the case
3		of mutual insurance companies subject to the tax
4		imposed by Section 831 of the Internal Revenue Code,
5		insurance company taxable income;
6		(C) Regulated investment companies. In the case of
7		a regulated investment company subject to the tax
8		imposed by Section 852 of the Internal Revenue Code,
9		investment company taxable income;
10		(D) Real estate investment trusts. In the case of
11		a real estate investment trust subject to the tax
12		imposed by Section 857 of the Internal Revenue Code,
13		real estate investment trust taxable income;
14		(E) Consolidated corporations. In the case of a
15		corporation which is a member of an affiliated group
16		of corporations filing a consolidated income tax
17		return for the taxable year for federal income tax
18		purposes, taxable income determined as if such
19		corporation had filed a separate return for federal
20		income tax purposes for the taxable year and each
21		preceding taxable year for which it was a member of an
22		affiliated group. For purposes of this subparagraph,
23		the taxpayer's separate taxable income shall be
24		determined as if the election provided by Section
25		243(b)(2) of the Internal Revenue Code had been in
26		effect for all such years;

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1		(F) Cooperatives. In the case of a cooperative
2		corporation or association, the taxable income of such
3		organization determined in accordance with the
4		provisions of Section 1381 through 1388 of the
5		Internal Revenue Code, but without regard to the
6		prohibition against offsetting losses from patronage
7		activities against income from nonpatronage
8		activities; except that a cooperative corporation or
9		association may make an election to follow its federal
10		income tax treatment of patronage losses and
11		nonpatronage losses. In the event such election is
12		made, such losses shall be computed and carried over
13		in a manner consistent with subsection (a) of Section
14		207 of this Act and apportioned by the apportionment
15		factor reported by the cooperative on its Illinois
16		income tax return filed for the taxable year in which
17		the losses are incurred. The election shall be
18		effective for all taxable years with original returns
19		due on or after the date of the election. In addition,
20		the cooperative may file an amended return or returns,
21		as allowed under this Act, to provide that the
22		election shall be effective for losses incurred or
23		carried forward for taxable years occurring prior to
24		the date of the election. Once made, the election may
25		only be revoked upon approval of the Director. The
26		Department shall adopt rules setting forth

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1		requirements for documenting the elections and any
2		resulting Illinois net loss and the standards to be
3		used by the Director in evaluating requests to revoke
4		elections. Public Act 96-932 is declaratory of
5		existing law;
6		(G) Subchapter S corporations. In the case of: (i)
7		a Subchapter S corporation for which there is in
8		effect an election for the taxable year under Section
9		1362 of the Internal Revenue Code, the taxable income
10		of such corporation determined in accordance with
11		Section 1363(b) of the Internal Revenue Code, except
12		that taxable income shall take into account those
13		items which are required by Section 1363(b)(1) of the
14		Internal Revenue Code to be separately stated; and
15		(ii) a Subchapter S corporation for which there is in
16		effect a federal election to opt out of the provisions
17		of the Subchapter S Revision Act of 1982 and have
18		applied instead the prior federal Subchapter S rules
19		as in effect on July 1, 1982, the taxable income of
20		such corporation determined in accordance with the
21		federal Subchapter S rules as in effect on July 1,
22		1982; and
23		(H) Partnerships. In the case of a partnership,
24		taxable income determined in accordance with Section
25		703 of the Internal Revenue Code, except that taxable
26		income shall take into account those items which are

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1		required by Section 703(a)(1) to be separately stated
2		but which would be taken into account by an individual
3		in calculating his taxable income.
4		(3) Recapture of business expenses on disposition of
5		asset or business. Notwithstanding any other law to the
6		contrary, if in prior years income from an asset or
7		business has been classified as business income and in a
8		later year is demonstrated to be non-business income, then
9		all expenses, without limitation, deducted in such later
10		year and in the 2 immediately preceding taxable years
11		related to that asset or business that generated the
12		non-business income shall be added back and recaptured as
13		business income in the year of the disposition of the
14		asset or business. Such amount shall be apportioned to
15		Illinois using the greater of the apportionment fraction
16		computed for the business under Section 304 of this Act
17		for the taxable year or the average of the apportionment
18		fractions computed for the business under Section 304 of
19		this Act for the taxable year and for the 2 immediately
20		preceding taxable years.
21		(f) Valuation limitation amount.
22		(1) In general. The valuation limitation amount
23		referred to in subsections (a)(2)(G), (c)(2)(I) and
24		(d)(2)(E) is an amount equal to:
25		(A) The sum of the pre-August 1, 1969 appreciation

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1		amounts (to the extent consisting of gain reportable
2		under the provisions of Section 1245 or 1250 of the
3		Internal Revenue Code) for all property in respect of
4		which such gain was reported for the taxable year;
5		plus
6		(B) The lesser of (i) the sum of the pre-August 1,
7		1969 appreciation amounts (to the extent consisting of
8		capital gain) for all property in respect of which
9		such gain was reported for federal income tax purposes
10		for the taxable year, or (ii) the net capital gain for
11		the taxable year, reduced in either case by any amount
12		of such gain included in the amount determined under
13		subsection (a)(2)(F) or (c)(2)(H).
14		(2) Pre-August 1, 1969 appreciation amount.
15		(A) If the fair market value of property referred
16		to in paragraph (1) was readily ascertainable on
17		August 1, 1969, the pre-August 1, 1969 appreciation
18		amount for such property is the lesser of (i) the
19		excess of such fair market value over the taxpayer's
20		basis (for determining gain) for such property on that
21		date (determined under the Internal Revenue Code as in
22		effect on that date), or (ii) the total gain realized
23		and reportable for federal income tax purposes in
24		respect of the sale, exchange or other disposition of
25		such property.
26		(B) If the fair market value of property referred

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1		to in paragraph (1) was not readily ascertainable on
2		August 1, 1969, the pre-August 1, 1969 appreciation
3		amount for such property is that amount which bears
4		the same ratio to the total gain reported in respect of
5		the property for federal income tax purposes for the
6		taxable year, as the number of full calendar months in
7		that part of the taxpayer's holding period for the
8		property ending July 31, 1969 bears to the number of
9		full calendar months in the taxpayer's entire holding
10		period for the property.
11		(C) The Department shall prescribe such
12		regulations as may be necessary to carry out the
13		purposes of this paragraph.
14		(g) Double deductions. Unless specifically provided
15		otherwise, nothing in this Section shall permit the same item
16		to be deducted more than once.
17		(h) Legislative intention. Except as expressly provided by
18		this Section there shall be no modifications or limitations on
19		the amounts of income, gain, loss or deduction taken into
20		account in determining gross income, adjusted gross income or
21		taxable income for federal income tax purposes for the taxable
22		year, or in the amount of such items entering into the
23		computation of base income and net income under this Act for
24		such taxable year, whether in respect of property values as of

HB4844 Engrossed - 509 - LRB103 39009 AMC 69146 b
1		August 1, 1969 or otherwise.
2		(Source: P.A. 102-16, eff. 6-17-21; 102-558, eff. 8-20-21;
3		102-658, eff. 8-27-21; 102-813, eff. 5-13-22; 102-1112, eff.
4		12-21-22; 103-8, eff. 6-7-23; 103-478, eff. 1-1-24; revised
5		9-26-23.)
6		(35 ILCS 5/228)
7		Sec. 228. Historic preservation credit. For tax years
8		beginning on or after January 1, 2019 and ending on or before
9		December 31, 2028, a taxpayer who qualifies for a credit under
10		the Historic Preservation Tax Credit Act is entitled to a
11		credit against the taxes imposed under subsections (a) and (b)
12		of Section 201 of this Act as provided in that Act. For taxable
13		years ending before December 31, 2023, if the taxpayer is a
14		partnership, Subchapter S corporation, or a limited liability
15		company, the credit shall be allowed to the partners,
16		shareholders, or members in accordance with the determination
17		of income and distributive share of income under Sections 702
18		and 704 and Subchapter S of the Internal Revenue Code provided
19		that credits granted to a partnership, a limited liability
20		company taxed as a partnership, or other multiple owners of
21		property shall be passed through to the partners, members, or
22		owners respectively on a pro rata basis or pursuant to an
23		executed agreement among the partners, members, or owners
24		documenting any alternate distribution method. For taxable
25		years ending on or after December 31, 2023, if the taxpayer is

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1		a partnership or a Subchapter S corporation, then the
2		provisions of Section 251 apply. If the amount of any tax
3		credit awarded under this Section exceeds the qualified
4		taxpayer's income tax liability for the year in which the
5		qualified rehabilitation plan was placed in service, the
6		excess amount may be carried forward as provided in the
7		Historic Preservation Tax Credit Act.
8		(Source: P.A. 102-741, eff. 5-6-22; 103-9, eff. 6-7-23;
9		103-396, eff. 1-1-24; revised 12-12-23.)
10		(35 ILCS 5/237)
11		Sec. 237. REV Illinois Investment Tax credits.
12		(a) For tax years beginning on or after November 16, 2021
13		(the effective date of Public Act 102-669) this amendatory Act
14		of the 102nd General Assembly, a taxpayer shall be allowed a
15		credit against the tax imposed by subsections (a) and (b) of
16		Section 201 for investment in qualified property which is
17		placed in service at the site of a REV Illinois Project subject
18		to an agreement between the taxpayer and the Department of
19		Commerce and Economic Opportunity pursuant to the Reimagining
20		Energy and Vehicles in Illinois Act. For taxable years ending
21		before December 31, 2023, for partners, shareholders of
22		Subchapter S corporations, and owners of limited liability
23		companies, if the liability company is treated as a
24		partnership for purposes of federal and State income taxation,
25		there shall be allowed a credit under this Section to be

HB4844 Engrossed - 511 - LRB103 39009 AMC 69146 b
1		determined in accordance with the determination of income and
2		distributive share of income under Sections 702 and 704 and
3		Subchapter S of the Internal Revenue Code. For taxable years
4		ending on or after December 31, 2023, partners and
5		shareholders of subchapter S corporations are entitled to a
6		credit under this Section as provided in Section 251. The
7		credit shall be 0.5% of the basis for such property. The credit
8		shall be available only in the taxable year in which the
9		property is placed in service and shall not be allowed to the
10		extent that it would reduce a taxpayer's liability for the tax
11		imposed by subsections (a) and (b) of Section 201 to below
12		zero. The credit shall be allowed for the tax year in which the
13		property is placed in service, or, if the amount of the credit
14		exceeds the tax liability for that year, whether it exceeds
15		the original liability or the liability as later amended, such
16		excess may be carried forward and applied to the tax liability
17		of the 5 taxable years following the excess credit year. The
18		credit shall be applied to the earliest year for which there is
19		a liability. If there is credit from more than one tax year
20		that is available to offset a liability, the credit accruing
21		first in time shall be applied first.
22		(b) The term qualified property means property which:
23		(1) is tangible, whether new or used, including
24		buildings and structural components of buildings;
25		(2) is depreciable pursuant to Section 167 of the
26		Internal Revenue Code, except that "3-year property" as

HB4844 Engrossed - 512 - LRB103 39009 AMC 69146 b
1		defined in Section 168(c)(2)(A) of that Code is not
2		eligible for the credit provided by this Section;
3		(3) is acquired by purchase as defined in Section
4		179(d) of the Internal Revenue Code;
5		(4) is used at the site of the REV Illinois Project by
6		the taxpayer; and
7		(5) has not been previously used in Illinois in such a
8		manner and by such a person as would qualify for the credit
9		provided by this Section.
10		(c) The basis of qualified property shall be the basis
11		used to compute the depreciation deduction for federal income
12		tax purposes.
13		(d) If the basis of the property for federal income tax
14		depreciation purposes is increased after it has been placed in
15		service at the site of the REV Illinois Project by the
16		taxpayer, the amount of such increase shall be deemed property
17		placed in service on the date of such increase in basis.
18		(e) The term "placed in service" shall have the same
19		meaning as under Section 46 of the Internal Revenue Code.
20		(f) If during any taxable year, any property ceases to be
21		qualified property in the hands of the taxpayer within 48
22		months after being placed in service, or the situs of any
23		qualified property is moved from the REV Illinois Project site
24		within 48 months after being placed in service, the tax
25		imposed under subsections (a) and (b) of Section 201 for such
26		taxable year shall be increased. Such increase shall be

HB4844 Engrossed - 513 - LRB103 39009 AMC 69146 b
1		determined by (i) recomputing the investment credit which
2		would have been allowed for the year in which credit for such
3		property was originally allowed by eliminating such property
4		from such computation, and (ii) subtracting such recomputed
5		credit from the amount of credit previously allowed. For the
6		purposes of this subsection (f), a reduction of the basis of
7		qualified property resulting from a redetermination of the
8		purchase price shall be deemed a disposition of qualified
9		property to the extent of such reduction.
10		(Source: P.A. 102-669, eff. 11-16-21; 102-1125, eff. 2-3-23;
11		103-396, eff. 1-1-24; revised 12-12-23.)
12		Section 185. The Manufacturing Illinois Chips for Real
13		Opportunity (MICRO) Act is amended by changing Sections 110-30
14		and 110-40 as follows:
15		(35 ILCS 45/110-30)
16		Sec. 110-30. Tax credit awards.
17		(a) Subject to the conditions set forth in this Act, a
18		taxpayer is entitled to a credit against the tax imposed
19		pursuant to subsections (a) and (b) of Section 201 of the
20		Illinois Income Tax Act for a taxable year beginning on or
21		after January 1, 2025 if the taxpayer is awarded a credit by
22		the Department in accordance with an agreement under this Act.
23		The Department has authority to award credits under this Act
24		on and after January 1, 2023.

HB4844 Engrossed - 514 - LRB103 39009 AMC 69146 b
1		(b) A taxpayer may receive a tax credit against the tax
2		imposed under subsections (a) and (b) of Section 201 of the
3		Illinois Income Tax Act, not to exceed the sum of (i) 75% of
4		the incremental income tax attributable to new employees at
5		the applicant's project and (ii) 10% of the training costs of
6		the new employees. If the project is located in an underserved
7		area or an energy transition area, then the amount of the
8		credit may not exceed the sum of (i) 100% of the incremental
9		income tax attributable to new employees at the applicant's
10		project; and (ii) 10% of the training costs of the new
11		employees. The percentage of training costs includable in the
12		calculation may be increased by an additional 15% for training
13		costs associated with new employees that are recent (2 years
14		or less) graduates, certificate holders, or credential
15		recipients from an institution of higher education in
16		Illinois, or, if the training is provided by an institution of
17		higher education in Illinois, the Clean Jobs Workforce Network
18		Program, or an apprenticeship and training program located in
19		Illinois and approved by and registered with the United States
20		Department of Labor's Bureau of Apprenticeship and Training.
21		An applicant is also eligible for a training credit that shall
22		not exceed 10% of the training costs of retained employees for
23		the purpose of upskilling to meet the operational needs of the
24		applicant or the project. The percentage of training costs
25		includable in the calculation shall not exceed a total of 25%.
26		If an applicant agrees to hire the required number of new

HB4844 Engrossed - 515 - LRB103 39009 AMC 69146 b
1		employees, then the maximum amount of the credit for that
2		applicant may be increased by an amount not to exceed 75% of
3		the incremental income tax attributable to retained employees
4		at the applicant's project; provided that, in order to receive
5		the increase for retained employees, the applicant must, if
6		applicable, meet or exceed the statewide baseline. If the
7		Project is in an underserved area or an energy transition
8		area, the maximum amount of the credit attributable to
9		retained employees for the applicant may be increased to an
10		amount not to exceed 100% of the incremental income tax
11		attributable to retained employees at the applicant's project;
12		provided that, in order to receive the increase for retained
13		employees, the applicant must meet or exceed the statewide
14		baseline. Credits awarded may include credit earned for
15		incremental income tax withheld and training costs incurred by
16		the taxpayer beginning on or after January 1, 2023. Credits so
17		earned and certified by the Department may be applied against
18		the tax imposed by subsections (a) and (b) of Section 201 of
19		the Illinois Income Tax Act for taxable years beginning on or
20		after January 1, 2025.
21		(c) MICRO Construction Jobs Credit. For construction wages
22		associated with a project that qualified for a credit under
23		subsection (b), the taxpayer may receive a tax credit against
24		the tax imposed under subsections (a) and (b) of Section 201 of
25		the Illinois Income Tax Act in an amount equal to 50% of the
26		incremental income tax attributable to construction wages paid

HB4844 Engrossed - 516 - LRB103 39009 AMC 69146 b
1		in connection with construction of the project facilities, as
2		a jobs credit for workers hired to construct the project.
3		The MICRO Construction Jobs Credit may not exceed 75% of
4		the amount of the incremental income tax attributable to
5		construction wages paid in connection with construction of the
6		project facilities if the project is in an underserved area or
7		an energy transition area.
8		(d) The Department shall certify to the Department of
9		Revenue: (1) the identity of taxpayers that are eligible for
10		the MICRO Credit and MICRO Construction Jobs Credit; (2) the
11		amount of the MICRO Credits and MICRO Construction Jobs
12		Credits awarded in each calendar year; and (3) the amount of
13		the MICRO Credit and MICRO Construction Jobs Credit claimed in
14		each calendar year. MICRO Credits awarded may include credit
15		earned for incremental income tax withheld and training costs
16		incurred by the taxpayer beginning on or after January 1,
17		2023. Credits so earned and certified by the Department may be
18		applied against the tax imposed by Section 201(a) and (b) of
19		the Illinois Income Tax Act for taxable years beginning on or
20		after January 1, 2025.
21		(e) Applicants seeking certification for a tax credits
22		related to the construction of the project facilities in the
23		State shall require the contractor to enter into a project
24		labor agreement that conforms with the Project Labor
25		Agreements Act.
26		(f) Any applicant issued a certificate for a tax credit or

HB4844 Engrossed - 517 - LRB103 39009 AMC 69146 b
1		tax exemption under this Act must annually report to the
2		Department the total project tax benefits received. Reports
3		are due no later than May 31 of each year and shall cover the
4		previous calendar year. The first report is for the 2023
5		calendar year and is due no later than May 31, 2023. For
6		applicants issued a certificate of exemption under Section
7		110-105 of this Act, the report shall be the same as required
8		for a High Impact Business under subsection (a-5) of Section
9		8.1 of the Illinois Enterprise Zone Act. Each person required
10		to file a return under the Gas Revenue Tax Act, the Electricity
11		Excise Tax Act, or the Telecommunications Excise Tax Act shall
12		file a report on customers issued an exemption certificate
13		under Section 110-95 of this Act in the same manner and form as
14		they are required to report under subsection (b) of Section
15		8.1 of the Illinois Enterprise Zone Act.
16		(g) Nothing in this Act shall prohibit an award of credit
17		to an applicant that uses a PEO if all other award criteria are
18		satisfied.
19		(h) With respect to any portion of a credit that is based
20		on the incremental income tax attributable to new employees or
21		retained employees, in lieu of the credit allowed under this
22		Act against the taxes imposed pursuant to subsections (a) and
23		(b) of Section 201 of the Illinois Income Tax Act, a taxpayer
24		that otherwise meets the criteria set forth in this Section,
25		the taxpayer may elect to claim the credit, on or after January
26		1, 2025, against its obligation to pay over withholding under

HB4844 Engrossed - 518 - LRB103 39009 AMC 69146 b
1		Section 704A of the Illinois Income Tax Act. The election
2		shall be made in the manner prescribed by the Department of
3		Revenue and once made shall be irrevocable.
4		(Source: P.A. 102-700, eff. 4-19-22; 102-1125, eff. 2-3-23;
5		revised 4-5-23.)
6		(35 ILCS 45/110-40)
7		Sec. 110-40. Amount and duration of the credits;
8		limitation to amount of costs of specified items. The
9		Department shall determine the amount and duration of the
10		credit awarded under this Act, subject to the limitations set
11		forth in this Act. For a project that qualified under
12		paragraph (1), (2), or (4) of subsection (c) of Section
13		110-20, the duration of the credit may not exceed 15 taxable
14		years, with an option to renew the agreement for no more than
15		one term not to exceed an additional 15 taxable years. For a
16		project that qualified under paragraph (3) of subsection (c)
17		of Section 110-20, the duration of the credit may not exceed 10
18		taxable years, with an option to renew the agreement for no
19		more than one term not to exceed an additional 10 taxable
20		years. The credit may be stated as a percentage of the
21		incremental income tax and training costs attributable to the
22		applicant's project and may include a fixed dollar limitation.
23		Nothing in this Section shall prevent the Department, in
24		consultation with the Department of Revenue, from adopting
25		rules to extend the sunset of any earned, existing, and unused

HB4844 Engrossed - 519 - LRB103 39009 AMC 69146 b
1		tax credit or credits a taxpayer may be in possession of.
2		(Source: P.A. 102-700, eff. 4-19-22; 102-1125, eff. 2-3-23;
3		revised 4-5-23.)
4		Section 190. The Use Tax Act is amended by changing
5		Section 3-5 as follows:
6		(35 ILCS 105/3-5)
7		Sec. 3-5. Exemptions. Use of the following tangible
8		personal property is exempt from the tax imposed by this Act:
9		(1) Personal property purchased from a corporation,
10		society, association, foundation, institution, or
11		organization, other than a limited liability company, that is
12		organized and operated as a not-for-profit service enterprise
13		for the benefit of persons 65 years of age or older if the
14		personal property was not purchased by the enterprise for the
15		purpose of resale by the enterprise.
16		(2) Personal property purchased by a not-for-profit
17		Illinois county fair association for use in conducting,
18		operating, or promoting the county fair.
19		(3) Personal property purchased by a not-for-profit arts
20		or cultural organization that establishes, by proof required
21		by the Department by rule, that it has received an exemption
22		under Section 501(c)(3) of the Internal Revenue Code and that
23		is organized and operated primarily for the presentation or
24		support of arts or cultural programming, activities, or

HB4844 Engrossed - 520 - LRB103 39009 AMC 69146 b
1		services. These organizations include, but are not limited to,
2		music and dramatic arts organizations such as symphony
3		orchestras and theatrical groups, arts and cultural service
4		organizations, local arts councils, visual arts organizations,
5		and media arts organizations. On and after July 1, 2001 (the
6		effective date of Public Act 92-35), however, an entity
7		otherwise eligible for this exemption shall not make tax-free
8		purchases unless it has an active identification number issued
9		by the Department.
10		(4) Except as otherwise provided in this Act, personal
11		property purchased by a governmental body, by a corporation,
12		society, association, foundation, or institution organized and
13		operated exclusively for charitable, religious, or educational
14		purposes, or by a not-for-profit corporation, society,
15		association, foundation, institution, or organization that has
16		no compensated officers or employees and that is organized and
17		operated primarily for the recreation of persons 55 years of
18		age or older. A limited liability company may qualify for the
19		exemption under this paragraph only if the limited liability
20		company is organized and operated exclusively for educational
21		purposes. On and after July 1, 1987, however, no entity
22		otherwise eligible for this exemption shall make tax-free
23		purchases unless it has an active exemption identification
24		number issued by the Department.
25		(5) Until July 1, 2003, a passenger car that is a
26		replacement vehicle to the extent that the purchase price of

HB4844 Engrossed - 521 - LRB103 39009 AMC 69146 b
1		the car is subject to the Replacement Vehicle Tax.
2		(6) Until July 1, 2003 and beginning again on September 1,
3		2004 through August 30, 2014, graphic arts machinery and
4		equipment, including repair and replacement parts, both new
5		and used, and including that manufactured on special order,
6		certified by the purchaser to be used primarily for graphic
7		arts production, and including machinery and equipment
8		purchased for lease. Equipment includes chemicals or chemicals
9		acting as catalysts but only if the chemicals or chemicals
10		acting as catalysts effect a direct and immediate change upon
11		a graphic arts product. Beginning on July 1, 2017, graphic
12		arts machinery and equipment is included in the manufacturing
13		and assembling machinery and equipment exemption under
14		paragraph (18).
15		(7) Farm chemicals.
16		(8) Legal tender, currency, medallions, or gold or silver
17		coinage issued by the State of Illinois, the government of the
18		United States of America, or the government of any foreign
19		country, and bullion.
20		(9) Personal property purchased from a teacher-sponsored
21		student organization affiliated with an elementary or
22		secondary school located in Illinois.
23		(10) A motor vehicle that is used for automobile renting,
24		as defined in the Automobile Renting Occupation and Use Tax
25		Act.
26		(11) Farm machinery and equipment, both new and used,

HB4844 Engrossed - 522 - LRB103 39009 AMC 69146 b
1		including that manufactured on special order, certified by the
2		purchaser to be used primarily for production agriculture or
3		State or federal agricultural programs, including individual
4		replacement parts for the machinery and equipment, including
5		machinery and equipment purchased for lease, and including
6		implements of husbandry defined in Section 1-130 of the
7		Illinois Vehicle Code, farm machinery and agricultural
8		chemical and fertilizer spreaders, and nurse wagons required
9		to be registered under Section 3-809 of the Illinois Vehicle
10		Code, but excluding other motor vehicles required to be
11		registered under the Illinois Vehicle Code. Horticultural
12		polyhouses or hoop houses used for propagating, growing, or
13		overwintering plants shall be considered farm machinery and
14		equipment under this item (11). Agricultural chemical tender
15		tanks and dry boxes shall include units sold separately from a
16		motor vehicle required to be licensed and units sold mounted
17		on a motor vehicle required to be licensed if the selling price
18		of the tender is separately stated.
19		Farm machinery and equipment shall include precision
20		farming equipment that is installed or purchased to be
21		installed on farm machinery and equipment, including, but not
22		limited to, tractors, harvesters, sprayers, planters, seeders,
23		or spreaders. Precision farming equipment includes, but is not
24		limited to, soil testing sensors, computers, monitors,
25		software, global positioning and mapping systems, and other
26		such equipment.

HB4844 Engrossed - 523 - LRB103 39009 AMC 69146 b
1		Farm machinery and equipment also includes computers,
2		sensors, software, and related equipment used primarily in the
3		computer-assisted operation of production agriculture
4		facilities, equipment, and activities such as, but not limited
5		to, the collection, monitoring, and correlation of animal and
6		crop data for the purpose of formulating animal diets and
7		agricultural chemicals.
8		Beginning on January 1, 2024, farm machinery and equipment
9		also includes electrical power generation equipment used
10		primarily for production agriculture.
11		This item (11) is exempt from the provisions of Section
12		3-90.
13		(12) Until June 30, 2013, fuel and petroleum products sold
14		to or used by an air common carrier, certified by the carrier
15		to be used for consumption, shipment, or storage in the
16		conduct of its business as an air common carrier, for a flight
17		destined for or returning from a location or locations outside
18		the United States without regard to previous or subsequent
19		domestic stopovers.
20		Beginning July 1, 2013, fuel and petroleum products sold
21		to or used by an air carrier, certified by the carrier to be
22		used for consumption, shipment, or storage in the conduct of
23		its business as an air common carrier, for a flight that (i) is
24		engaged in foreign trade or is engaged in trade between the
25		United States and any of its possessions and (ii) transports
26		at least one individual or package for hire from the city of

HB4844 Engrossed - 524 - LRB103 39009 AMC 69146 b
1		origination to the city of final destination on the same
2		aircraft, without regard to a change in the flight number of
3		that aircraft.
4		(13) Proceeds of mandatory service charges separately
5		stated on customers' bills for the purchase and consumption of
6		food and beverages purchased at retail from a retailer, to the
7		extent that the proceeds of the service charge are in fact
8		turned over as tips or as a substitute for tips to the
9		employees who participate directly in preparing, serving,
10		hosting or cleaning up the food or beverage function with
11		respect to which the service charge is imposed.
12		(14) Until July 1, 2003, oil field exploration, drilling,
13		and production equipment, including (i) rigs and parts of
14		rigs, rotary rigs, cable tool rigs, and workover rigs, (ii)
15		pipe and tubular goods, including casing and drill strings,
16		(iii) pumps and pump-jack units, (iv) storage tanks and flow
17		lines, (v) any individual replacement part for oil field
18		exploration, drilling, and production equipment, and (vi)
19		machinery and equipment purchased for lease; but excluding
20		motor vehicles required to be registered under the Illinois
21		Vehicle Code.
22		(15) Photoprocessing machinery and equipment, including
23		repair and replacement parts, both new and used, including
24		that manufactured on special order, certified by the purchaser
25		to be used primarily for photoprocessing, and including
26		photoprocessing machinery and equipment purchased for lease.

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1		(16) Until July 1, 2028, coal and aggregate exploration,
2		mining, off-highway hauling, processing, maintenance, and
3		reclamation equipment, including replacement parts and
4		equipment, and including equipment purchased for lease, but
5		excluding motor vehicles required to be registered under the
6		Illinois Vehicle Code. The changes made to this Section by
7		Public Act 97-767 apply on and after July 1, 2003, but no claim
8		for credit or refund is allowed on or after August 16, 2013
9		(the effective date of Public Act 98-456) for such taxes paid
10		during the period beginning July 1, 2003 and ending on August
11		16, 2013 (the effective date of Public Act 98-456).
12		(17) Until July 1, 2003, distillation machinery and
13		equipment, sold as a unit or kit, assembled or installed by the
14		retailer, certified by the user to be used only for the
15		production of ethyl alcohol that will be used for consumption
16		as motor fuel or as a component of motor fuel for the personal
17		use of the user, and not subject to sale or resale.
18		(18) Manufacturing and assembling machinery and equipment
19		used primarily in the process of manufacturing or assembling
20		tangible personal property for wholesale or retail sale or
21		lease, whether that sale or lease is made directly by the
22		manufacturer or by some other person, whether the materials
23		used in the process are owned by the manufacturer or some other
24		person, or whether that sale or lease is made apart from or as
25		an incident to the seller's engaging in the service occupation
26		of producing machines, tools, dies, jigs, patterns, gauges, or

HB4844 Engrossed - 526 - LRB103 39009 AMC 69146 b
1		other similar items of no commercial value on special order
2		for a particular purchaser. The exemption provided by this
3		paragraph (18) includes production related tangible personal
4		property, as defined in Section 3-50, purchased on or after
5		July 1, 2019. The exemption provided by this paragraph (18)
6		does not include machinery and equipment used in (i) the
7		generation of electricity for wholesale or retail sale; (ii)
8		the generation or treatment of natural or artificial gas for
9		wholesale or retail sale that is delivered to customers
10		through pipes, pipelines, or mains; or (iii) the treatment of
11		water for wholesale or retail sale that is delivered to
12		customers through pipes, pipelines, or mains. The provisions
13		of Public Act 98-583 are declaratory of existing law as to the
14		meaning and scope of this exemption. Beginning on July 1,
15		2017, the exemption provided by this paragraph (18) includes,
16		but is not limited to, graphic arts machinery and equipment,
17		as defined in paragraph (6) of this Section.
18		(19) Personal property delivered to a purchaser or
19		purchaser's donee inside Illinois when the purchase order for
20		that personal property was received by a florist located
21		outside Illinois who has a florist located inside Illinois
22		deliver the personal property.
23		(20) Semen used for artificial insemination of livestock
24		for direct agricultural production.
25		(21) Horses, or interests in horses, registered with and
26		meeting the requirements of any of the Arabian Horse Club

HB4844 Engrossed - 527 - LRB103 39009 AMC 69146 b
1		Registry of America, Appaloosa Horse Club, American Quarter
2		Horse Association, United States Trotting Association, or
3		Jockey Club, as appropriate, used for purposes of breeding or
4		racing for prizes. This item (21) is exempt from the
5		provisions of Section 3-90, and the exemption provided for
6		under this item (21) applies for all periods beginning May 30,
7		1995, but no claim for credit or refund is allowed on or after
8		January 1, 2008 for such taxes paid during the period
9		beginning May 30, 2000 and ending on January 1, 2008.
10		(22) Computers and communications equipment utilized for
11		any hospital purpose and equipment used in the diagnosis,
12		analysis, or treatment of hospital patients purchased by a
13		lessor who leases the equipment, under a lease of one year or
14		longer executed or in effect at the time the lessor would
15		otherwise be subject to the tax imposed by this Act, to a
16		hospital that has been issued an active tax exemption
17		identification number by the Department under Section 1g of
18		the Retailers' Occupation Tax Act. If the equipment is leased
19		in a manner that does not qualify for this exemption or is used
20		in any other non-exempt manner, the lessor shall be liable for
21		the tax imposed under this Act or the Service Use Tax Act, as
22		the case may be, based on the fair market value of the property
23		at the time the non-qualifying use occurs. No lessor shall
24		collect or attempt to collect an amount (however designated)
25		that purports to reimburse that lessor for the tax imposed by
26		this Act or the Service Use Tax Act, as the case may be, if the

HB4844 Engrossed - 528 - LRB103 39009 AMC 69146 b
1		tax has not been paid by the lessor. If a lessor improperly
2		collects any such amount from the lessee, the lessee shall
3		have a legal right to claim a refund of that amount from the
4		lessor. If, however, that amount is not refunded to the lessee
5		for any reason, the lessor is liable to pay that amount to the
6		Department.
7		(23) Personal property purchased by a lessor who leases
8		the property, under a lease of one year or longer executed or
9		in effect at the time the lessor would otherwise be subject to
10		the tax imposed by this Act, to a governmental body that has
11		been issued an active sales tax exemption identification
12		number by the Department under Section 1g of the Retailers'
13		Occupation Tax Act. If the property is leased in a manner that
14		does not qualify for this exemption or used in any other
15		non-exempt manner, the lessor shall be liable for the tax
16		imposed under this Act or the Service Use Tax Act, as the case
17		may be, based on the fair market value of the property at the
18		time the non-qualifying use occurs. No lessor shall collect or
19		attempt to collect an amount (however designated) that
20		purports to reimburse that lessor for the tax imposed by this
21		Act or the Service Use Tax Act, as the case may be, if the tax
22		has not been paid by the lessor. If a lessor improperly
23		collects any such amount from the lessee, the lessee shall
24		have a legal right to claim a refund of that amount from the
25		lessor. If, however, that amount is not refunded to the lessee
26		for any reason, the lessor is liable to pay that amount to the

HB4844 Engrossed - 529 - LRB103 39009 AMC 69146 b
1		Department.
2		(24) Beginning with taxable years ending on or after
3		December 31, 1995 and ending with taxable years ending on or
4		before December 31, 2004, personal property that is donated
5		for disaster relief to be used in a State or federally declared
6		disaster area in Illinois or bordering Illinois by a
7		manufacturer or retailer that is registered in this State to a
8		corporation, society, association, foundation, or institution
9		that has been issued a sales tax exemption identification
10		number by the Department that assists victims of the disaster
11		who reside within the declared disaster area.
12		(25) Beginning with taxable years ending on or after
13		December 31, 1995 and ending with taxable years ending on or
14		before December 31, 2004, personal property that is used in
15		the performance of infrastructure repairs in this State,
16		including, but not limited to, municipal roads and streets,
17		access roads, bridges, sidewalks, waste disposal systems,
18		water and sewer line extensions, water distribution and
19		purification facilities, storm water drainage and retention
20		facilities, and sewage treatment facilities, resulting from a
21		State or federally declared disaster in Illinois or bordering
22		Illinois when such repairs are initiated on facilities located
23		in the declared disaster area within 6 months after the
24		disaster.
25		(26) Beginning July 1, 1999, game or game birds purchased
26		at a "game breeding and hunting preserve area" as that term is

HB4844 Engrossed - 530 - LRB103 39009 AMC 69146 b
1		used in the Wildlife Code. This paragraph is exempt from the
2		provisions of Section 3-90.
3		(27) A motor vehicle, as that term is defined in Section
4		1-146 of the Illinois Vehicle Code, that is donated to a
5		corporation, limited liability company, society, association,
6		foundation, or institution that is determined by the
7		Department to be organized and operated exclusively for
8		educational purposes. For purposes of this exemption, "a
9		corporation, limited liability company, society, association,
10		foundation, or institution organized and operated exclusively
11		for educational purposes" means all tax-supported public
12		schools, private schools that offer systematic instruction in
13		useful branches of learning by methods common to public
14		schools and that compare favorably in their scope and
15		intensity with the course of study presented in tax-supported
16		schools, and vocational or technical schools or institutes
17		organized and operated exclusively to provide a course of
18		study of not less than 6 weeks duration and designed to prepare
19		individuals to follow a trade or to pursue a manual,
20		technical, mechanical, industrial, business, or commercial
21		occupation.
22		(28) Beginning January 1, 2000, personal property,
23		including food, purchased through fundraising events for the
24		benefit of a public or private elementary or secondary school,
25		a group of those schools, or one or more school districts if
26		the events are sponsored by an entity recognized by the school

HB4844 Engrossed - 531 - LRB103 39009 AMC 69146 b
1		district that consists primarily of volunteers and includes
2		parents and teachers of the school children. This paragraph
3		does not apply to fundraising events (i) for the benefit of
4		private home instruction or (ii) for which the fundraising
5		entity purchases the personal property sold at the events from
6		another individual or entity that sold the property for the
7		purpose of resale by the fundraising entity and that profits
8		from the sale to the fundraising entity. This paragraph is
9		exempt from the provisions of Section 3-90.
10		(29) Beginning January 1, 2000 and through December 31,
11		2001, new or used automatic vending machines that prepare and
12		serve hot food and beverages, including coffee, soup, and
13		other items, and replacement parts for these machines.
14		Beginning January 1, 2002 and through June 30, 2003, machines
15		and parts for machines used in commercial, coin-operated
16		amusement and vending business if a use or occupation tax is
17		paid on the gross receipts derived from the use of the
18		commercial, coin-operated amusement and vending machines. This
19		paragraph is exempt from the provisions of Section 3-90.
20		(30) Beginning January 1, 2001 and through June 30, 2016,
21		food for human consumption that is to be consumed off the
22		premises where it is sold (other than alcoholic beverages,
23		soft drinks, and food that has been prepared for immediate
24		consumption) and prescription and nonprescription medicines,
25		drugs, medical appliances, and insulin, urine testing
26		materials, syringes, and needles used by diabetics, for human

HB4844 Engrossed - 532 - LRB103 39009 AMC 69146 b
1		use, when purchased for use by a person receiving medical
2		assistance under Article V of the Illinois Public Aid Code who
3		resides in a licensed long-term care facility, as defined in
4		the Nursing Home Care Act, or in a licensed facility as defined
5		in the ID/DD Community Care Act, the MC/DD Act, or the
6		Specialized Mental Health Rehabilitation Act of 2013.
7		(31) Beginning on August 2, 2001 (the effective date of
8		Public Act 92-227), computers and communications equipment
9		utilized for any hospital purpose and equipment used in the
10		diagnosis, analysis, or treatment of hospital patients
11		purchased by a lessor who leases the equipment, under a lease
12		of one year or longer executed or in effect at the time the
13		lessor would otherwise be subject to the tax imposed by this
14		Act, to a hospital that has been issued an active tax exemption
15		identification number by the Department under Section 1g of
16		the Retailers' Occupation Tax Act. If the equipment is leased
17		in a manner that does not qualify for this exemption or is used
18		in any other nonexempt manner, the lessor shall be liable for
19		the tax imposed under this Act or the Service Use Tax Act, as
20		the case may be, based on the fair market value of the property
21		at the time the nonqualifying use occurs. No lessor shall
22		collect or attempt to collect an amount (however designated)
23		that purports to reimburse that lessor for the tax imposed by
24		this Act or the Service Use Tax Act, as the case may be, if the
25		tax has not been paid by the lessor. If a lessor improperly
26		collects any such amount from the lessee, the lessee shall

HB4844 Engrossed - 533 - LRB103 39009 AMC 69146 b
1		have a legal right to claim a refund of that amount from the
2		lessor. If, however, that amount is not refunded to the lessee
3		for any reason, the lessor is liable to pay that amount to the
4		Department. This paragraph is exempt from the provisions of
5		Section 3-90.
6		(32) Beginning on August 2, 2001 (the effective date of
7		Public Act 92-227), personal property purchased by a lessor
8		who leases the property, under a lease of one year or longer
9		executed or in effect at the time the lessor would otherwise be
10		subject to the tax imposed by this Act, to a governmental body
11		that has been issued an active sales tax exemption
12		identification number by the Department under Section 1g of
13		the Retailers' Occupation Tax Act. If the property is leased
14		in a manner that does not qualify for this exemption or used in
15		any other nonexempt manner, the lessor shall be liable for the
16		tax imposed under this Act or the Service Use Tax Act, as the
17		case may be, based on the fair market value of the property at
18		the time the nonqualifying use occurs. No lessor shall collect
19		or attempt to collect an amount (however designated) that
20		purports to reimburse that lessor for the tax imposed by this
21		Act or the Service Use Tax Act, as the case may be, if the tax
22		has not been paid by the lessor. If a lessor improperly
23		collects any such amount from the lessee, the lessee shall
24		have a legal right to claim a refund of that amount from the
25		lessor. If, however, that amount is not refunded to the lessee
26		for any reason, the lessor is liable to pay that amount to the

HB4844 Engrossed - 534 - LRB103 39009 AMC 69146 b
1		Department. This paragraph is exempt from the provisions of
2		Section 3-90.
3		(33) On and after July 1, 2003 and through June 30, 2004,
4		the use in this State of motor vehicles of the second division
5		with a gross vehicle weight in excess of 8,000 pounds and that
6		are subject to the commercial distribution fee imposed under
7		Section 3-815.1 of the Illinois Vehicle Code. Beginning on
8		July 1, 2004 and through June 30, 2005, the use in this State
9		of motor vehicles of the second division: (i) with a gross
10		vehicle weight rating in excess of 8,000 pounds; (ii) that are
11		subject to the commercial distribution fee imposed under
12		Section 3-815.1 of the Illinois Vehicle Code; and (iii) that
13		are primarily used for commercial purposes. Through June 30,
14		2005, this exemption applies to repair and replacement parts
15		added after the initial purchase of such a motor vehicle if
16		that motor vehicle is used in a manner that would qualify for
17		the rolling stock exemption otherwise provided for in this
18		Act. For purposes of this paragraph, the term "used for
19		commercial purposes" means the transportation of persons or
20		property in furtherance of any commercial or industrial
21		enterprise, whether for-hire or not.
22		(34) Beginning January 1, 2008, tangible personal property
23		used in the construction or maintenance of a community water
24		supply, as defined under Section 3.145 of the Environmental
25		Protection Act, that is operated by a not-for-profit
26		corporation that holds a valid water supply permit issued

HB4844 Engrossed - 535 - LRB103 39009 AMC 69146 b
1		under Title IV of the Environmental Protection Act. This
2		paragraph is exempt from the provisions of Section 3-90.
3		(35) Beginning January 1, 2010 and continuing through
4		December 31, 2029, materials, parts, equipment, components,
5		and furnishings incorporated into or upon an aircraft as part
6		of the modification, refurbishment, completion, replacement,
7		repair, or maintenance of the aircraft. This exemption
8		includes consumable supplies used in the modification,
9		refurbishment, completion, replacement, repair, and
10		maintenance of aircraft. However, until January 1, 2024, this
11		exemption excludes any materials, parts, equipment,
12		components, and consumable supplies used in the modification,
13		replacement, repair, and maintenance of aircraft engines or
14		power plants, whether such engines or power plants are
15		installed or uninstalled upon any such aircraft. "Consumable
16		supplies" include, but are not limited to, adhesive, tape,
17		sandpaper, general purpose lubricants, cleaning solution,
18		latex gloves, and protective films.
19		Beginning January 1, 2010 and continuing through December
20		31, 2023, this exemption applies only to the use of qualifying
21		tangible personal property by persons who modify, refurbish,
22		complete, repair, replace, or maintain aircraft and who (i)
23		hold an Air Agency Certificate and are empowered to operate an
24		approved repair station by the Federal Aviation
25		Administration, (ii) have a Class IV Rating, and (iii) conduct
26		operations in accordance with Part 145 of the Federal Aviation

HB4844 Engrossed - 536 - LRB103 39009 AMC 69146 b
1		Regulations. From January 1, 2024 through December 31, 2029,
2		this exemption applies only to the use of qualifying tangible
3		personal property by: (A) persons who modify, refurbish,
4		complete, repair, replace, or maintain aircraft and who (i)
5		hold an Air Agency Certificate and are empowered to operate an
6		approved repair station by the Federal Aviation
7		Administration, (ii) have a Class IV Rating, and (iii) conduct
8		operations in accordance with Part 145 of the Federal Aviation
9		Regulations; and (B) persons who engage in the modification,
10		replacement, repair, and maintenance of aircraft engines or
11		power plants without regard to whether or not those persons
12		meet the qualifications of item (A).
13		The exemption does not include aircraft operated by a
14		commercial air carrier providing scheduled passenger air
15		service pursuant to authority issued under Part 121 or Part
16		129 of the Federal Aviation Regulations. The changes made to
17		this paragraph (35) by Public Act 98-534 are declarative of
18		existing law. It is the intent of the General Assembly that the
19		exemption under this paragraph (35) applies continuously from
20		January 1, 2010 through December 31, 2024; however, no claim
21		for credit or refund is allowed for taxes paid as a result of
22		the disallowance of this exemption on or after January 1, 2015
23		and prior to February 5, 2020 (the effective date of Public Act
24		101-629).
25		(36) Tangible personal property purchased by a
26		public-facilities corporation, as described in Section

HB4844 Engrossed - 537 - LRB103 39009 AMC 69146 b
1		11-65-10 of the Illinois Municipal Code, for purposes of
2		constructing or furnishing a municipal convention hall, but
3		only if the legal title to the municipal convention hall is
4		transferred to the municipality without any further
5		consideration by or on behalf of the municipality at the time
6		of the completion of the municipal convention hall or upon the
7		retirement or redemption of any bonds or other debt
8		instruments issued by the public-facilities corporation in
9		connection with the development of the municipal convention
10		hall. This exemption includes existing public-facilities
11		corporations as provided in Section 11-65-25 of the Illinois
12		Municipal Code. This paragraph is exempt from the provisions
13		of Section 3-90.
14		(37) Beginning January 1, 2017 and through December 31,
15		2026, menstrual pads, tampons, and menstrual cups.
16		(38) Merchandise that is subject to the Rental Purchase
17		Agreement Occupation and Use Tax. The purchaser must certify
18		that the item is purchased to be rented subject to a
19		rental-purchase rental purchase agreement, as defined in the
20		Rental-Purchase Rental Purchase Agreement Act, and provide
21		proof of registration under the Rental Purchase Agreement
22		Occupation and Use Tax Act. This paragraph is exempt from the
23		provisions of Section 3-90.
24		(39) Tangible personal property purchased by a purchaser
25		who is exempt from the tax imposed by this Act by operation of
26		federal law. This paragraph is exempt from the provisions of

HB4844 Engrossed - 538 - LRB103 39009 AMC 69146 b
1		Section 3-90.
2		(40) Qualified tangible personal property used in the
3		construction or operation of a data center that has been
4		granted a certificate of exemption by the Department of
5		Commerce and Economic Opportunity, whether that tangible
6		personal property is purchased by the owner, operator, or
7		tenant of the data center or by a contractor or subcontractor
8		of the owner, operator, or tenant. Data centers that would
9		have qualified for a certificate of exemption prior to January
10		1, 2020 had Public Act 101-31 been in effect may apply for and
11		obtain an exemption for subsequent purchases of computer
12		equipment or enabling software purchased or leased to upgrade,
13		supplement, or replace computer equipment or enabling software
14		purchased or leased in the original investment that would have
15		qualified.
16		The Department of Commerce and Economic Opportunity shall
17		grant a certificate of exemption under this item (40) to
18		qualified data centers as defined by Section 605-1025 of the
19		Department of Commerce and Economic Opportunity Law of the
20		Civil Administrative Code of Illinois.
21		For the purposes of this item (40):
22		"Data center" means a building or a series of
23		buildings rehabilitated or constructed to house working
24		servers in one physical location or multiple sites within
25		the State of Illinois.
26		"Qualified tangible personal property" means:

HB4844 Engrossed - 539 - LRB103 39009 AMC 69146 b
1		electrical systems and equipment; climate control and
2		chilling equipment and systems; mechanical systems and
3		equipment; monitoring and secure systems; emergency
4		generators; hardware; computers; servers; data storage
5		devices; network connectivity equipment; racks; cabinets;
6		telecommunications cabling infrastructure; raised floor
7		systems; peripheral components or systems; software;
8		mechanical, electrical, or plumbing systems; battery
9		systems; cooling systems and towers; temperature control
10		systems; other cabling; and other data center
11		infrastructure equipment and systems necessary to operate
12		qualified tangible personal property, including fixtures;
13		and component parts of any of the foregoing, including
14		installation, maintenance, repair, refurbishment, and
15		replacement of qualified tangible personal property to
16		generate, transform, transmit, distribute, or manage
17		electricity necessary to operate qualified tangible
18		personal property; and all other tangible personal
19		property that is essential to the operations of a computer
20		data center. The term "qualified tangible personal
21		property" also includes building materials physically
22		incorporated into in to the qualifying data center. To
23		document the exemption allowed under this Section, the
24		retailer must obtain from the purchaser a copy of the
25		certificate of eligibility issued by the Department of
26		Commerce and Economic Opportunity.

HB4844 Engrossed - 540 - LRB103 39009 AMC 69146 b
1		This item (40) is exempt from the provisions of Section
2		3-90.
3		(41) Beginning July 1, 2022, breast pumps, breast pump
4		collection and storage supplies, and breast pump kits. This
5		item (41) is exempt from the provisions of Section 3-90. As
6		used in this item (41):
7		"Breast pump" means an electrically controlled or
8		manually controlled pump device designed or marketed to be
9		used to express milk from a human breast during lactation,
10		including the pump device and any battery, AC adapter, or
11		other power supply unit that is used to power the pump
12		device and is packaged and sold with the pump device at the
13		time of sale.
14		"Breast pump collection and storage supplies" means
15		items of tangible personal property designed or marketed
16		to be used in conjunction with a breast pump to collect
17		milk expressed from a human breast and to store collected
18		milk until it is ready for consumption.
19		"Breast pump collection and storage supplies"
20		includes, but is not limited to: breast shields and breast
21		shield connectors; breast pump tubes and tubing adapters;
22		breast pump valves and membranes; backflow protectors and
23		backflow protector adaptors; bottles and bottle caps
24		specific to the operation of the breast pump; and breast
25		milk storage bags.
26		"Breast pump collection and storage supplies" does not

HB4844 Engrossed - 541 - LRB103 39009 AMC 69146 b
1		include: (1) bottles and bottle caps not specific to the
2		operation of the breast pump; (2) breast pump travel bags
3		and other similar carrying accessories, including ice
4		packs, labels, and other similar products; (3) breast pump
5		cleaning supplies; (4) nursing bras, bra pads, breast
6		shells, and other similar products; and (5) creams,
7		ointments, and other similar products that relieve
8		breastfeeding-related symptoms or conditions of the
9		breasts or nipples, unless sold as part of a breast pump
10		kit that is pre-packaged by the breast pump manufacturer
11		or distributor.
12		"Breast pump kit" means a kit that: (1) contains no
13		more than a breast pump, breast pump collection and
14		storage supplies, a rechargeable battery for operating the
15		breast pump, a breastmilk cooler, bottle stands, ice
16		packs, and a breast pump carrying case; and (2) is
17		pre-packaged as a breast pump kit by the breast pump
18		manufacturer or distributor.
19		(42) Tangible personal property sold by or on behalf of
20		the State Treasurer pursuant to the Revised Uniform Unclaimed
21		Property Act. This item (42) is exempt from the provisions of
22		Section 3-90.
23		(43) Beginning on January 1, 2024, tangible personal
24		property purchased by an active duty member of the armed
25		forces of the United States who presents valid military
26		identification and purchases the property using a form of

HB4844 Engrossed - 542 - LRB103 39009 AMC 69146 b
1		payment where the federal government is the payor. The member
2		of the armed forces must complete, at the point of sale, a form
3		prescribed by the Department of Revenue documenting that the
4		transaction is eligible for the exemption under this
5		paragraph. Retailers must keep the form as documentation of
6		the exemption in their records for a period of not less than 6
7		years. "Armed forces of the United States" means the United
8		States Army, Navy, Air Force, Marine Corps, or Coast Guard.
9		This paragraph is exempt from the provisions of Section 3-90.
10		(Source: P.A. 102-16, eff. 6-17-21; 102-700, Article 70,
11		Section 70-5, eff. 4-19-22; 102-700, Article 75, Section 75-5,
12		eff. 4-19-22; 102-1026, eff. 5-27-22; 103-9, Article 5,
13		Section 5-5, eff. 6-7-23; 103-9, Article 15, Section 15-5,
14		eff. 6-7-23; 103-154, eff. 6-30-23; 103-384, eff. 1-1-24;
15		revised 12-12-23.)
16		Section 195. The Service Use Tax Act is amended by
17		changing Section 3-5 as follows:
18		(35 ILCS 110/3-5)
19		Sec. 3-5. Exemptions. Use of the following tangible
20		personal property is exempt from the tax imposed by this Act:
21		(1) Personal property purchased from a corporation,
22		society, association, foundation, institution, or
23		organization, other than a limited liability company, that is
24		organized and operated as a not-for-profit service enterprise

HB4844 Engrossed - 543 - LRB103 39009 AMC 69146 b
1		for the benefit of persons 65 years of age or older if the
2		personal property was not purchased by the enterprise for the
3		purpose of resale by the enterprise.
4		(2) Personal property purchased by a non-profit Illinois
5		county fair association for use in conducting, operating, or
6		promoting the county fair.
7		(3) Personal property purchased by a not-for-profit arts
8		or cultural organization that establishes, by proof required
9		by the Department by rule, that it has received an exemption
10		under Section 501(c)(3) of the Internal Revenue Code and that
11		is organized and operated primarily for the presentation or
12		support of arts or cultural programming, activities, or
13		services. These organizations include, but are not limited to,
14		music and dramatic arts organizations such as symphony
15		orchestras and theatrical groups, arts and cultural service
16		organizations, local arts councils, visual arts organizations,
17		and media arts organizations. On and after July 1, 2001 (the
18		effective date of Public Act 92-35), however, an entity
19		otherwise eligible for this exemption shall not make tax-free
20		purchases unless it has an active identification number issued
21		by the Department.
22		(4) Legal tender, currency, medallions, or gold or silver
23		coinage issued by the State of Illinois, the government of the
24		United States of America, or the government of any foreign
25		country, and bullion.
26		(5) Until July 1, 2003 and beginning again on September 1,

HB4844 Engrossed - 544 - LRB103 39009 AMC 69146 b
1		2004 through August 30, 2014, graphic arts machinery and
2		equipment, including repair and replacement parts, both new
3		and used, and including that manufactured on special order or
4		purchased for lease, certified by the purchaser to be used
5		primarily for graphic arts production. Equipment includes
6		chemicals or chemicals acting as catalysts but only if the
7		chemicals or chemicals acting as catalysts effect a direct and
8		immediate change upon a graphic arts product. Beginning on
9		July 1, 2017, graphic arts machinery and equipment is included
10		in the manufacturing and assembling machinery and equipment
11		exemption under Section 2 of this Act.
12		(6) Personal property purchased from a teacher-sponsored
13		student organization affiliated with an elementary or
14		secondary school located in Illinois.
15		(7) Farm machinery and equipment, both new and used,
16		including that manufactured on special order, certified by the
17		purchaser to be used primarily for production agriculture or
18		State or federal agricultural programs, including individual
19		replacement parts for the machinery and equipment, including
20		machinery and equipment purchased for lease, and including
21		implements of husbandry defined in Section 1-130 of the
22		Illinois Vehicle Code, farm machinery and agricultural
23		chemical and fertilizer spreaders, and nurse wagons required
24		to be registered under Section 3-809 of the Illinois Vehicle
25		Code, but excluding other motor vehicles required to be
26		registered under the Illinois Vehicle Code. Horticultural

HB4844 Engrossed - 545 - LRB103 39009 AMC 69146 b
1		polyhouses or hoop houses used for propagating, growing, or
2		overwintering plants shall be considered farm machinery and
3		equipment under this item (7). Agricultural chemical tender
4		tanks and dry boxes shall include units sold separately from a
5		motor vehicle required to be licensed and units sold mounted
6		on a motor vehicle required to be licensed if the selling price
7		of the tender is separately stated.
8		Farm machinery and equipment shall include precision
9		farming equipment that is installed or purchased to be
10		installed on farm machinery and equipment, including, but not
11		limited to, tractors, harvesters, sprayers, planters, seeders,
12		or spreaders. Precision farming equipment includes, but is not
13		limited to, soil testing sensors, computers, monitors,
14		software, global positioning and mapping systems, and other
15		such equipment.
16		Farm machinery and equipment also includes computers,
17		sensors, software, and related equipment used primarily in the
18		computer-assisted operation of production agriculture
19		facilities, equipment, and activities such as, but not limited
20		to, the collection, monitoring, and correlation of animal and
21		crop data for the purpose of formulating animal diets and
22		agricultural chemicals.
23		Beginning on January 1, 2024, farm machinery and equipment
24		also includes electrical power generation equipment used
25		primarily for production agriculture.
26		This item (7) is exempt from the provisions of Section

HB4844 Engrossed - 546 - LRB103 39009 AMC 69146 b
1		3-75.
2		(8) Until June 30, 2013, fuel and petroleum products sold
3		to or used by an air common carrier, certified by the carrier
4		to be used for consumption, shipment, or storage in the
5		conduct of its business as an air common carrier, for a flight
6		destined for or returning from a location or locations outside
7		the United States without regard to previous or subsequent
8		domestic stopovers.
9		Beginning July 1, 2013, fuel and petroleum products sold
10		to or used by an air carrier, certified by the carrier to be
11		used for consumption, shipment, or storage in the conduct of
12		its business as an air common carrier, for a flight that (i) is
13		engaged in foreign trade or is engaged in trade between the
14		United States and any of its possessions and (ii) transports
15		at least one individual or package for hire from the city of
16		origination to the city of final destination on the same
17		aircraft, without regard to a change in the flight number of
18		that aircraft.
19		(9) Proceeds of mandatory service charges separately
20		stated on customers' bills for the purchase and consumption of
21		food and beverages acquired as an incident to the purchase of a
22		service from a serviceman, to the extent that the proceeds of
23		the service charge are in fact turned over as tips or as a
24		substitute for tips to the employees who participate directly
25		in preparing, serving, hosting or cleaning up the food or
26		beverage function with respect to which the service charge is

HB4844 Engrossed - 547 - LRB103 39009 AMC 69146 b
1		imposed.
2		(10) Until July 1, 2003, oil field exploration, drilling,
3		and production equipment, including (i) rigs and parts of
4		rigs, rotary rigs, cable tool rigs, and workover rigs, (ii)
5		pipe and tubular goods, including casing and drill strings,
6		(iii) pumps and pump-jack units, (iv) storage tanks and flow
7		lines, (v) any individual replacement part for oil field
8		exploration, drilling, and production equipment, and (vi)
9		machinery and equipment purchased for lease; but excluding
10		motor vehicles required to be registered under the Illinois
11		Vehicle Code.
12		(11) Proceeds from the sale of photoprocessing machinery
13		and equipment, including repair and replacement parts, both
14		new and used, including that manufactured on special order,
15		certified by the purchaser to be used primarily for
16		photoprocessing, and including photoprocessing machinery and
17		equipment purchased for lease.
18		(12) Until July 1, 2028, coal and aggregate exploration,
19		mining, off-highway hauling, processing, maintenance, and
20		reclamation equipment, including replacement parts and
21		equipment, and including equipment purchased for lease, but
22		excluding motor vehicles required to be registered under the
23		Illinois Vehicle Code. The changes made to this Section by
24		Public Act 97-767 apply on and after July 1, 2003, but no claim
25		for credit or refund is allowed on or after August 16, 2013
26		(the effective date of Public Act 98-456) for such taxes paid

HB4844 Engrossed - 548 - LRB103 39009 AMC 69146 b
1		during the period beginning July 1, 2003 and ending on August
2		16, 2013 (the effective date of Public Act 98-456).
3		(13) Semen used for artificial insemination of livestock
4		for direct agricultural production.
5		(14) Horses, or interests in horses, registered with and
6		meeting the requirements of any of the Arabian Horse Club
7		Registry of America, Appaloosa Horse Club, American Quarter
8		Horse Association, United States Trotting Association, or
9		Jockey Club, as appropriate, used for purposes of breeding or
10		racing for prizes. This item (14) is exempt from the
11		provisions of Section 3-75, and the exemption provided for
12		under this item (14) applies for all periods beginning May 30,
13		1995, but no claim for credit or refund is allowed on or after
14		January 1, 2008 (the effective date of Public Act 95-88) for
15		such taxes paid during the period beginning May 30, 2000 and
16		ending on January 1, 2008 (the effective date of Public Act
17		95-88).
18		(15) Computers and communications equipment utilized for
19		any hospital purpose and equipment used in the diagnosis,
20		analysis, or treatment of hospital patients purchased by a
21		lessor who leases the equipment, under a lease of one year or
22		longer executed or in effect at the time the lessor would
23		otherwise be subject to the tax imposed by this Act, to a
24		hospital that has been issued an active tax exemption
25		identification number by the Department under Section 1g of
26		the Retailers' Occupation Tax Act. If the equipment is leased

HB4844 Engrossed - 549 - LRB103 39009 AMC 69146 b
1		in a manner that does not qualify for this exemption or is used
2		in any other non-exempt manner, the lessor shall be liable for
3		the tax imposed under this Act or the Use Tax Act, as the case
4		may be, based on the fair market value of the property at the
5		time the non-qualifying use occurs. No lessor shall collect or
6		attempt to collect an amount (however designated) that
7		purports to reimburse that lessor for the tax imposed by this
8		Act or the Use Tax Act, as the case may be, if the tax has not
9		been paid by the lessor. If a lessor improperly collects any
10		such amount from the lessee, the lessee shall have a legal
11		right to claim a refund of that amount from the lessor. If,
12		however, that amount is not refunded to the lessee for any
13		reason, the lessor is liable to pay that amount to the
14		Department.
15		(16) Personal property purchased by a lessor who leases
16		the property, under a lease of one year or longer executed or
17		in effect at the time the lessor would otherwise be subject to
18		the tax imposed by this Act, to a governmental body that has
19		been issued an active tax exemption identification number by
20		the Department under Section 1g of the Retailers' Occupation
21		Tax Act. If the property is leased in a manner that does not
22		qualify for this exemption or is used in any other non-exempt
23		manner, the lessor shall be liable for the tax imposed under
24		this Act or the Use Tax Act, as the case may be, based on the
25		fair market value of the property at the time the
26		non-qualifying use occurs. No lessor shall collect or attempt

HB4844 Engrossed - 550 - LRB103 39009 AMC 69146 b
1		to collect an amount (however designated) that purports to
2		reimburse that lessor for the tax imposed by this Act or the
3		Use Tax Act, as the case may be, if the tax has not been paid
4		by the lessor. If a lessor improperly collects any such amount
5		from the lessee, the lessee shall have a legal right to claim a
6		refund of that amount from the lessor. If, however, that
7		amount is not refunded to the lessee for any reason, the lessor
8		is liable to pay that amount to the Department.
9		(17) Beginning with taxable years ending on or after
10		December 31, 1995 and ending with taxable years ending on or
11		before December 31, 2004, personal property that is donated
12		for disaster relief to be used in a State or federally declared
13		disaster area in Illinois or bordering Illinois by a
14		manufacturer or retailer that is registered in this State to a
15		corporation, society, association, foundation, or institution
16		that has been issued a sales tax exemption identification
17		number by the Department that assists victims of the disaster
18		who reside within the declared disaster area.
19		(18) Beginning with taxable years ending on or after
20		December 31, 1995 and ending with taxable years ending on or
21		before December 31, 2004, personal property that is used in
22		the performance of infrastructure repairs in this State,
23		including, but not limited to, municipal roads and streets,
24		access roads, bridges, sidewalks, waste disposal systems,
25		water and sewer line extensions, water distribution and
26		purification facilities, storm water drainage and retention

HB4844 Engrossed - 551 - LRB103 39009 AMC 69146 b
1		facilities, and sewage treatment facilities, resulting from a
2		State or federally declared disaster in Illinois or bordering
3		Illinois when such repairs are initiated on facilities located
4		in the declared disaster area within 6 months after the
5		disaster.
6		(19) Beginning July 1, 1999, game or game birds purchased
7		at a "game breeding and hunting preserve area" as that term is
8		used in the Wildlife Code. This paragraph is exempt from the
9		provisions of Section 3-75.
10		(20) A motor vehicle, as that term is defined in Section
11		1-146 of the Illinois Vehicle Code, that is donated to a
12		corporation, limited liability company, society, association,
13		foundation, or institution that is determined by the
14		Department to be organized and operated exclusively for
15		educational purposes. For purposes of this exemption, "a
16		corporation, limited liability company, society, association,
17		foundation, or institution organized and operated exclusively
18		for educational purposes" means all tax-supported public
19		schools, private schools that offer systematic instruction in
20		useful branches of learning by methods common to public
21		schools and that compare favorably in their scope and
22		intensity with the course of study presented in tax-supported
23		schools, and vocational or technical schools or institutes
24		organized and operated exclusively to provide a course of
25		study of not less than 6 weeks duration and designed to prepare
26		individuals to follow a trade or to pursue a manual,

HB4844 Engrossed - 552 - LRB103 39009 AMC 69146 b
1		technical, mechanical, industrial, business, or commercial
2		occupation.
3		(21) Beginning January 1, 2000, personal property,
4		including food, purchased through fundraising events for the
5		benefit of a public or private elementary or secondary school,
6		a group of those schools, or one or more school districts if
7		the events are sponsored by an entity recognized by the school
8		district that consists primarily of volunteers and includes
9		parents and teachers of the school children. This paragraph
10		does not apply to fundraising events (i) for the benefit of
11		private home instruction or (ii) for which the fundraising
12		entity purchases the personal property sold at the events from
13		another individual or entity that sold the property for the
14		purpose of resale by the fundraising entity and that profits
15		from the sale to the fundraising entity. This paragraph is
16		exempt from the provisions of Section 3-75.
17		(22) Beginning January 1, 2000 and through December 31,
18		2001, new or used automatic vending machines that prepare and
19		serve hot food and beverages, including coffee, soup, and
20		other items, and replacement parts for these machines.
21		Beginning January 1, 2002 and through June 30, 2003, machines
22		and parts for machines used in commercial, coin-operated
23		amusement and vending business if a use or occupation tax is
24		paid on the gross receipts derived from the use of the
25		commercial, coin-operated amusement and vending machines. This
26		paragraph is exempt from the provisions of Section 3-75.

HB4844 Engrossed - 553 - LRB103 39009 AMC 69146 b
1		(23) Beginning August 23, 2001 and through June 30, 2016,
2		food for human consumption that is to be consumed off the
3		premises where it is sold (other than alcoholic beverages,
4		soft drinks, and food that has been prepared for immediate
5		consumption) and prescription and nonprescription medicines,
6		drugs, medical appliances, and insulin, urine testing
7		materials, syringes, and needles used by diabetics, for human
8		use, when purchased for use by a person receiving medical
9		assistance under Article V of the Illinois Public Aid Code who
10		resides in a licensed long-term care facility, as defined in
11		the Nursing Home Care Act, or in a licensed facility as defined
12		in the ID/DD Community Care Act, the MC/DD Act, or the
13		Specialized Mental Health Rehabilitation Act of 2013.
14		(24) Beginning on August 2, 2001 (the effective date of
15		Public Act 92-227), computers and communications equipment
16		utilized for any hospital purpose and equipment used in the
17		diagnosis, analysis, or treatment of hospital patients
18		purchased by a lessor who leases the equipment, under a lease
19		of one year or longer executed or in effect at the time the
20		lessor would otherwise be subject to the tax imposed by this
21		Act, to a hospital that has been issued an active tax exemption
22		identification number by the Department under Section 1g of
23		the Retailers' Occupation Tax Act. If the equipment is leased
24		in a manner that does not qualify for this exemption or is used
25		in any other nonexempt manner, the lessor shall be liable for
26		the tax imposed under this Act or the Use Tax Act, as the case

HB4844 Engrossed - 554 - LRB103 39009 AMC 69146 b
1		may be, based on the fair market value of the property at the
2		time the nonqualifying use occurs. No lessor shall collect or
3		attempt to collect an amount (however designated) that
4		purports to reimburse that lessor for the tax imposed by this
5		Act or the Use Tax Act, as the case may be, if the tax has not
6		been paid by the lessor. If a lessor improperly collects any
7		such amount from the lessee, the lessee shall have a legal
8		right to claim a refund of that amount from the lessor. If,
9		however, that amount is not refunded to the lessee for any
10		reason, the lessor is liable to pay that amount to the
11		Department. This paragraph is exempt from the provisions of
12		Section 3-75.
13		(25) Beginning on August 2, 2001 (the effective date of
14		Public Act 92-227), personal property purchased by a lessor
15		who leases the property, under a lease of one year or longer
16		executed or in effect at the time the lessor would otherwise be
17		subject to the tax imposed by this Act, to a governmental body
18		that has been issued an active tax exemption identification
19		number by the Department under Section 1g of the Retailers'
20		Occupation Tax Act. If the property is leased in a manner that
21		does not qualify for this exemption or is used in any other
22		nonexempt manner, the lessor shall be liable for the tax
23		imposed under this Act or the Use Tax Act, as the case may be,
24		based on the fair market value of the property at the time the
25		nonqualifying use occurs. No lessor shall collect or attempt
26		to collect an amount (however designated) that purports to

HB4844 Engrossed - 555 - LRB103 39009 AMC 69146 b
1		reimburse that lessor for the tax imposed by this Act or the
2		Use Tax Act, as the case may be, if the tax has not been paid
3		by the lessor. If a lessor improperly collects any such amount
4		from the lessee, the lessee shall have a legal right to claim a
5		refund of that amount from the lessor. If, however, that
6		amount is not refunded to the lessee for any reason, the lessor
7		is liable to pay that amount to the Department. This paragraph
8		is exempt from the provisions of Section 3-75.
9		(26) Beginning January 1, 2008, tangible personal property
10		used in the construction or maintenance of a community water
11		supply, as defined under Section 3.145 of the Environmental
12		Protection Act, that is operated by a not-for-profit
13		corporation that holds a valid water supply permit issued
14		under Title IV of the Environmental Protection Act. This
15		paragraph is exempt from the provisions of Section 3-75.
16		(27) Beginning January 1, 2010 and continuing through
17		December 31, 2029, materials, parts, equipment, components,
18		and furnishings incorporated into or upon an aircraft as part
19		of the modification, refurbishment, completion, replacement,
20		repair, or maintenance of the aircraft. This exemption
21		includes consumable supplies used in the modification,
22		refurbishment, completion, replacement, repair, and
23		maintenance of aircraft. However, until January 1, 2024, this
24		exemption excludes any materials, parts, equipment,
25		components, and consumable supplies used in the modification,
26		replacement, repair, and maintenance of aircraft engines or

HB4844 Engrossed - 556 - LRB103 39009 AMC 69146 b
1		power plants, whether such engines or power plants are
2		installed or uninstalled upon any such aircraft. "Consumable
3		supplies" include, but are not limited to, adhesive, tape,
4		sandpaper, general purpose lubricants, cleaning solution,
5		latex gloves, and protective films.
6		Beginning January 1, 2010 and continuing through December
7		31, 2023, this exemption applies only to the use of qualifying
8		tangible personal property transferred incident to the
9		modification, refurbishment, completion, replacement, repair,
10		or maintenance of aircraft by persons who (i) hold an Air
11		Agency Certificate and are empowered to operate an approved
12		repair station by the Federal Aviation Administration, (ii)
13		have a Class IV Rating, and (iii) conduct operations in
14		accordance with Part 145 of the Federal Aviation Regulations.
15		From January 1, 2024 through December 31, 2029, this exemption
16		applies only to the use of qualifying tangible personal
17		property by: (A) persons who modify, refurbish, complete,
18		repair, replace, or maintain aircraft and who (i) hold an Air
19		Agency Certificate and are empowered to operate an approved
20		repair station by the Federal Aviation Administration, (ii)
21		have a Class IV Rating, and (iii) conduct operations in
22		accordance with Part 145 of the Federal Aviation Regulations;
23		and (B) persons who engage in the modification, replacement,
24		repair, and maintenance of aircraft engines or power plants
25		without regard to whether or not those persons meet the
26		qualifications of item (A).

HB4844 Engrossed - 557 - LRB103 39009 AMC 69146 b
1		The exemption does not include aircraft operated by a
2		commercial air carrier providing scheduled passenger air
3		service pursuant to authority issued under Part 121 or Part
4		129 of the Federal Aviation Regulations. The changes made to
5		this paragraph (27) by Public Act 98-534 are declarative of
6		existing law. It is the intent of the General Assembly that the
7		exemption under this paragraph (27) applies continuously from
8		January 1, 2010 through December 31, 2024; however, no claim
9		for credit or refund is allowed for taxes paid as a result of
10		the disallowance of this exemption on or after January 1, 2015
11		and prior to February 5, 2020 (the effective date of Public Act
12		101-629).
13		(28) Tangible personal property purchased by a
14		public-facilities corporation, as described in Section
15		11-65-10 of the Illinois Municipal Code, for purposes of
16		constructing or furnishing a municipal convention hall, but
17		only if the legal title to the municipal convention hall is
18		transferred to the municipality without any further
19		consideration by or on behalf of the municipality at the time
20		of the completion of the municipal convention hall or upon the
21		retirement or redemption of any bonds or other debt
22		instruments issued by the public-facilities corporation in
23		connection with the development of the municipal convention
24		hall. This exemption includes existing public-facilities
25		corporations as provided in Section 11-65-25 of the Illinois
26		Municipal Code. This paragraph is exempt from the provisions

HB4844 Engrossed - 558 - LRB103 39009 AMC 69146 b
1		of Section 3-75.
2		(29) Beginning January 1, 2017 and through December 31,
3		2026, menstrual pads, tampons, and menstrual cups.
4		(30) Tangible personal property transferred to a purchaser
5		who is exempt from the tax imposed by this Act by operation of
6		federal law. This paragraph is exempt from the provisions of
7		Section 3-75.
8		(31) Qualified tangible personal property used in the
9		construction or operation of a data center that has been
10		granted a certificate of exemption by the Department of
11		Commerce and Economic Opportunity, whether that tangible
12		personal property is purchased by the owner, operator, or
13		tenant of the data center or by a contractor or subcontractor
14		of the owner, operator, or tenant. Data centers that would
15		have qualified for a certificate of exemption prior to January
16		1, 2020 had Public Act 101-31 been in effect, may apply for and
17		obtain an exemption for subsequent purchases of computer
18		equipment or enabling software purchased or leased to upgrade,
19		supplement, or replace computer equipment or enabling software
20		purchased or leased in the original investment that would have
21		qualified.
22		The Department of Commerce and Economic Opportunity shall
23		grant a certificate of exemption under this item (31) to
24		qualified data centers as defined by Section 605-1025 of the
25		Department of Commerce and Economic Opportunity Law of the
26		Civil Administrative Code of Illinois.

HB4844 Engrossed - 559 - LRB103 39009 AMC 69146 b
1		For the purposes of this item (31):
2		"Data center" means a building or a series of
3		buildings rehabilitated or constructed to house working
4		servers in one physical location or multiple sites within
5		the State of Illinois.
6		"Qualified tangible personal property" means:
7		electrical systems and equipment; climate control and
8		chilling equipment and systems; mechanical systems and
9		equipment; monitoring and secure systems; emergency
10		generators; hardware; computers; servers; data storage
11		devices; network connectivity equipment; racks; cabinets;
12		telecommunications cabling infrastructure; raised floor
13		systems; peripheral components or systems; software;
14		mechanical, electrical, or plumbing systems; battery
15		systems; cooling systems and towers; temperature control
16		systems; other cabling; and other data center
17		infrastructure equipment and systems necessary to operate
18		qualified tangible personal property, including fixtures;
19		and component parts of any of the foregoing, including
20		installation, maintenance, repair, refurbishment, and
21		replacement of qualified tangible personal property to
22		generate, transform, transmit, distribute, or manage
23		electricity necessary to operate qualified tangible
24		personal property; and all other tangible personal
25		property that is essential to the operations of a computer
26		data center. The term "qualified tangible personal

HB4844 Engrossed - 560 - LRB103 39009 AMC 69146 b
1		property" also includes building materials physically
2		incorporated into in to the qualifying data center. To
3		document the exemption allowed under this Section, the
4		retailer must obtain from the purchaser a copy of the
5		certificate of eligibility issued by the Department of
6		Commerce and Economic Opportunity.
7		This item (31) is exempt from the provisions of Section
8		3-75.
9		(32) Beginning July 1, 2022, breast pumps, breast pump
10		collection and storage supplies, and breast pump kits. This
11		item (32) is exempt from the provisions of Section 3-75. As
12		used in this item (32):
13		"Breast pump" means an electrically controlled or
14		manually controlled pump device designed or marketed to be
15		used to express milk from a human breast during lactation,
16		including the pump device and any battery, AC adapter, or
17		other power supply unit that is used to power the pump
18		device and is packaged and sold with the pump device at the
19		time of sale.
20		"Breast pump collection and storage supplies" means
21		items of tangible personal property designed or marketed
22		to be used in conjunction with a breast pump to collect
23		milk expressed from a human breast and to store collected
24		milk until it is ready for consumption.
25		"Breast pump collection and storage supplies"
26		includes, but is not limited to: breast shields and breast

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1		shield connectors; breast pump tubes and tubing adapters;
2		breast pump valves and membranes; backflow protectors and
3		backflow protector adaptors; bottles and bottle caps
4		specific to the operation of the breast pump; and breast
5		milk storage bags.
6		"Breast pump collection and storage supplies" does not
7		include: (1) bottles and bottle caps not specific to the
8		operation of the breast pump; (2) breast pump travel bags
9		and other similar carrying accessories, including ice
10		packs, labels, and other similar products; (3) breast pump
11		cleaning supplies; (4) nursing bras, bra pads, breast
12		shells, and other similar products; and (5) creams,
13		ointments, and other similar products that relieve
14		breastfeeding-related symptoms or conditions of the
15		breasts or nipples, unless sold as part of a breast pump
16		kit that is pre-packaged by the breast pump manufacturer
17		or distributor.
18		"Breast pump kit" means a kit that: (1) contains no
19		more than a breast pump, breast pump collection and
20		storage supplies, a rechargeable battery for operating the
21		breast pump, a breastmilk cooler, bottle stands, ice
22		packs, and a breast pump carrying case; and (2) is
23		pre-packaged as a breast pump kit by the breast pump
24		manufacturer or distributor.
25		(33) Tangible personal property sold by or on behalf of
26		the State Treasurer pursuant to the Revised Uniform Unclaimed

HB4844 Engrossed - 562 - LRB103 39009 AMC 69146 b
1		Property Act. This item (33) is exempt from the provisions of
2		Section 3-75.
3		(34) Beginning on January 1, 2024, tangible personal
4		property purchased by an active duty member of the armed
5		forces of the United States who presents valid military
6		identification and purchases the property using a form of
7		payment where the federal government is the payor. The member
8		of the armed forces must complete, at the point of sale, a form
9		prescribed by the Department of Revenue documenting that the
10		transaction is eligible for the exemption under this
11		paragraph. Retailers must keep the form as documentation of
12		the exemption in their records for a period of not less than 6
13		years. "Armed forces of the United States" means the United
14		States Army, Navy, Air Force, Marine Corps, or Coast Guard.
15		This paragraph is exempt from the provisions of Section 3-75.
16		(Source: P.A. 102-16, eff. 6-17-21; 102-700, Article 70,
17		Section 70-10, eff. 4-19-22; 102-700, Article 75, Section
18		75-10, eff. 4-19-22; 102-1026, eff. 5-27-22; 103-9, Article 5,
19		Section 5-10, eff. 6-7-23; 103-9, Article 15, Section 15-10,
20		eff. 6-7-23; 103-154, eff. 6-30-23; 103-384, eff. 1-1-24;
21		revised 12-12-23.)
22		Section 200. The Service Occupation Tax Act is amended by
23		changing Sections 3-5, 9, and 12 as follows:
24		(35 ILCS 115/3-5)

HB4844 Engrossed - 563 - LRB103 39009 AMC 69146 b
1		Sec. 3-5. Exemptions. The following tangible personal
2		property is exempt from the tax imposed by this Act:
3		(1) Personal property sold by a corporation, society,
4		association, foundation, institution, or organization, other
5		than a limited liability company, that is organized and
6		operated as a not-for-profit service enterprise for the
7		benefit of persons 65 years of age or older if the personal
8		property was not purchased by the enterprise for the purpose
9		of resale by the enterprise.
10		(2) Personal property purchased by a not-for-profit
11		Illinois county fair association for use in conducting,
12		operating, or promoting the county fair.
13		(3) Personal property purchased by any not-for-profit arts
14		or cultural organization that establishes, by proof required
15		by the Department by rule, that it has received an exemption
16		under Section 501(c)(3) of the Internal Revenue Code and that
17		is organized and operated primarily for the presentation or
18		support of arts or cultural programming, activities, or
19		services. These organizations include, but are not limited to,
20		music and dramatic arts organizations such as symphony
21		orchestras and theatrical groups, arts and cultural service
22		organizations, local arts councils, visual arts organizations,
23		and media arts organizations. On and after July 1, 2001 (the
24		effective date of Public Act 92-35), however, an entity
25		otherwise eligible for this exemption shall not make tax-free
26		purchases unless it has an active identification number issued

HB4844 Engrossed - 564 - LRB103 39009 AMC 69146 b
1		by the Department.
2		(4) Legal tender, currency, medallions, or gold or silver
3		coinage issued by the State of Illinois, the government of the
4		United States of America, or the government of any foreign
5		country, and bullion.
6		(5) Until July 1, 2003 and beginning again on September 1,
7		2004 through August 30, 2014, graphic arts machinery and
8		equipment, including repair and replacement parts, both new
9		and used, and including that manufactured on special order or
10		purchased for lease, certified by the purchaser to be used
11		primarily for graphic arts production. Equipment includes
12		chemicals or chemicals acting as catalysts but only if the
13		chemicals or chemicals acting as catalysts effect a direct and
14		immediate change upon a graphic arts product. Beginning on
15		July 1, 2017, graphic arts machinery and equipment is included
16		in the manufacturing and assembling machinery and equipment
17		exemption under Section 2 of this Act.
18		(6) Personal property sold by a teacher-sponsored student
19		organization affiliated with an elementary or secondary school
20		located in Illinois.
21		(7) Farm machinery and equipment, both new and used,
22		including that manufactured on special order, certified by the
23		purchaser to be used primarily for production agriculture or
24		State or federal agricultural programs, including individual
25		replacement parts for the machinery and equipment, including
26		machinery and equipment purchased for lease, and including

HB4844 Engrossed - 565 - LRB103 39009 AMC 69146 b
1		implements of husbandry defined in Section 1-130 of the
2		Illinois Vehicle Code, farm machinery and agricultural
3		chemical and fertilizer spreaders, and nurse wagons required
4		to be registered under Section 3-809 of the Illinois Vehicle
5		Code, but excluding other motor vehicles required to be
6		registered under the Illinois Vehicle Code. Horticultural
7		polyhouses or hoop houses used for propagating, growing, or
8		overwintering plants shall be considered farm machinery and
9		equipment under this item (7). Agricultural chemical tender
10		tanks and dry boxes shall include units sold separately from a
11		motor vehicle required to be licensed and units sold mounted
12		on a motor vehicle required to be licensed if the selling price
13		of the tender is separately stated.
14		Farm machinery and equipment shall include precision
15		farming equipment that is installed or purchased to be
16		installed on farm machinery and equipment, including, but not
17		limited to, tractors, harvesters, sprayers, planters, seeders,
18		or spreaders. Precision farming equipment includes, but is not
19		limited to, soil testing sensors, computers, monitors,
20		software, global positioning and mapping systems, and other
21		such equipment.
22		Farm machinery and equipment also includes computers,
23		sensors, software, and related equipment used primarily in the
24		computer-assisted operation of production agriculture
25		facilities, equipment, and activities such as, but not limited
26		to, the collection, monitoring, and correlation of animal and

HB4844 Engrossed - 566 - LRB103 39009 AMC 69146 b
1		crop data for the purpose of formulating animal diets and
2		agricultural chemicals.
3		Beginning on January 1, 2024, farm machinery and equipment
4		also includes electrical power generation equipment used
5		primarily for production agriculture.
6		This item (7) is exempt from the provisions of Section
7		3-55.
8		(8) Until June 30, 2013, fuel and petroleum products sold
9		to or used by an air common carrier, certified by the carrier
10		to be used for consumption, shipment, or storage in the
11		conduct of its business as an air common carrier, for a flight
12		destined for or returning from a location or locations outside
13		the United States without regard to previous or subsequent
14		domestic stopovers.
15		Beginning July 1, 2013, fuel and petroleum products sold
16		to or used by an air carrier, certified by the carrier to be
17		used for consumption, shipment, or storage in the conduct of
18		its business as an air common carrier, for a flight that (i) is
19		engaged in foreign trade or is engaged in trade between the
20		United States and any of its possessions and (ii) transports
21		at least one individual or package for hire from the city of
22		origination to the city of final destination on the same
23		aircraft, without regard to a change in the flight number of
24		that aircraft.
25		(9) Proceeds of mandatory service charges separately
26		stated on customers' bills for the purchase and consumption of

HB4844 Engrossed - 567 - LRB103 39009 AMC 69146 b
1		food and beverages, to the extent that the proceeds of the
2		service charge are in fact turned over as tips or as a
3		substitute for tips to the employees who participate directly
4		in preparing, serving, hosting or cleaning up the food or
5		beverage function with respect to which the service charge is
6		imposed.
7		(10) Until July 1, 2003, oil field exploration, drilling,
8		and production equipment, including (i) rigs and parts of
9		rigs, rotary rigs, cable tool rigs, and workover rigs, (ii)
10		pipe and tubular goods, including casing and drill strings,
11		(iii) pumps and pump-jack units, (iv) storage tanks and flow
12		lines, (v) any individual replacement part for oil field
13		exploration, drilling, and production equipment, and (vi)
14		machinery and equipment purchased for lease; but excluding
15		motor vehicles required to be registered under the Illinois
16		Vehicle Code.
17		(11) Photoprocessing machinery and equipment, including
18		repair and replacement parts, both new and used, including
19		that manufactured on special order, certified by the purchaser
20		to be used primarily for photoprocessing, and including
21		photoprocessing machinery and equipment purchased for lease.
22		(12) Until July 1, 2028, coal and aggregate exploration,
23		mining, off-highway hauling, processing, maintenance, and
24		reclamation equipment, including replacement parts and
25		equipment, and including equipment purchased for lease, but
26		excluding motor vehicles required to be registered under the

HB4844 Engrossed - 568 - LRB103 39009 AMC 69146 b
1		Illinois Vehicle Code. The changes made to this Section by
2		Public Act 97-767 apply on and after July 1, 2003, but no claim
3		for credit or refund is allowed on or after August 16, 2013
4		(the effective date of Public Act 98-456) for such taxes paid
5		during the period beginning July 1, 2003 and ending on August
6		16, 2013 (the effective date of Public Act 98-456).
7		(13) Beginning January 1, 1992 and through June 30, 2016,
8		food for human consumption that is to be consumed off the
9		premises where it is sold (other than alcoholic beverages,
10		soft drinks and food that has been prepared for immediate
11		consumption) and prescription and non-prescription medicines,
12		drugs, medical appliances, and insulin, urine testing
13		materials, syringes, and needles used by diabetics, for human
14		use, when purchased for use by a person receiving medical
15		assistance under Article V of the Illinois Public Aid Code who
16		resides in a licensed long-term care facility, as defined in
17		the Nursing Home Care Act, or in a licensed facility as defined
18		in the ID/DD Community Care Act, the MC/DD Act, or the
19		Specialized Mental Health Rehabilitation Act of 2013.
20		(14) Semen used for artificial insemination of livestock
21		for direct agricultural production.
22		(15) Horses, or interests in horses, registered with and
23		meeting the requirements of any of the Arabian Horse Club
24		Registry of America, Appaloosa Horse Club, American Quarter
25		Horse Association, United States Trotting Association, or
26		Jockey Club, as appropriate, used for purposes of breeding or

HB4844 Engrossed - 569 - LRB103 39009 AMC 69146 b
1		racing for prizes. This item (15) is exempt from the
2		provisions of Section 3-55, and the exemption provided for
3		under this item (15) applies for all periods beginning May 30,
4		1995, but no claim for credit or refund is allowed on or after
5		January 1, 2008 (the effective date of Public Act 95-88) for
6		such taxes paid during the period beginning May 30, 2000 and
7		ending on January 1, 2008 (the effective date of Public Act
8		95-88).
9		(16) Computers and communications equipment utilized for
10		any hospital purpose and equipment used in the diagnosis,
11		analysis, or treatment of hospital patients sold to a lessor
12		who leases the equipment, under a lease of one year or longer
13		executed or in effect at the time of the purchase, to a
14		hospital that has been issued an active tax exemption
15		identification number by the Department under Section 1g of
16		the Retailers' Occupation Tax Act.
17		(17) Personal property sold to a lessor who leases the
18		property, under a lease of one year or longer executed or in
19		effect at the time of the purchase, to a governmental body that
20		has been issued an active tax exemption identification number
21		by the Department under Section 1g of the Retailers'
22		Occupation Tax Act.
23		(18) Beginning with taxable years ending on or after
24		December 31, 1995 and ending with taxable years ending on or
25		before December 31, 2004, personal property that is donated
26		for disaster relief to be used in a State or federally declared

HB4844 Engrossed - 570 - LRB103 39009 AMC 69146 b
1		disaster area in Illinois or bordering Illinois by a
2		manufacturer or retailer that is registered in this State to a
3		corporation, society, association, foundation, or institution
4		that has been issued a sales tax exemption identification
5		number by the Department that assists victims of the disaster
6		who reside within the declared disaster area.
7		(19) Beginning with taxable years ending on or after
8		December 31, 1995 and ending with taxable years ending on or
9		before December 31, 2004, personal property that is used in
10		the performance of infrastructure repairs in this State,
11		including, but not limited to, municipal roads and streets,
12		access roads, bridges, sidewalks, waste disposal systems,
13		water and sewer line extensions, water distribution and
14		purification facilities, storm water drainage and retention
15		facilities, and sewage treatment facilities, resulting from a
16		State or federally declared disaster in Illinois or bordering
17		Illinois when such repairs are initiated on facilities located
18		in the declared disaster area within 6 months after the
19		disaster.
20		(20) Beginning July 1, 1999, game or game birds sold at a
21		"game breeding and hunting preserve area" as that term is used
22		in the Wildlife Code. This paragraph is exempt from the
23		provisions of Section 3-55.
24		(21) A motor vehicle, as that term is defined in Section
25		1-146 of the Illinois Vehicle Code, that is donated to a
26		corporation, limited liability company, society, association,

HB4844 Engrossed - 571 - LRB103 39009 AMC 69146 b
1		foundation, or institution that is determined by the
2		Department to be organized and operated exclusively for
3		educational purposes. For purposes of this exemption, "a
4		corporation, limited liability company, society, association,
5		foundation, or institution organized and operated exclusively
6		for educational purposes" means all tax-supported public
7		schools, private schools that offer systematic instruction in
8		useful branches of learning by methods common to public
9		schools and that compare favorably in their scope and
10		intensity with the course of study presented in tax-supported
11		schools, and vocational or technical schools or institutes
12		organized and operated exclusively to provide a course of
13		study of not less than 6 weeks duration and designed to prepare
14		individuals to follow a trade or to pursue a manual,
15		technical, mechanical, industrial, business, or commercial
16		occupation.
17		(22) Beginning January 1, 2000, personal property,
18		including food, purchased through fundraising events for the
19		benefit of a public or private elementary or secondary school,
20		a group of those schools, or one or more school districts if
21		the events are sponsored by an entity recognized by the school
22		district that consists primarily of volunteers and includes
23		parents and teachers of the school children. This paragraph
24		does not apply to fundraising events (i) for the benefit of
25		private home instruction or (ii) for which the fundraising
26		entity purchases the personal property sold at the events from

HB4844 Engrossed - 572 - LRB103 39009 AMC 69146 b
1		another individual or entity that sold the property for the
2		purpose of resale by the fundraising entity and that profits
3		from the sale to the fundraising entity. This paragraph is
4		exempt from the provisions of Section 3-55.
5		(23) Beginning January 1, 2000 and through December 31,
6		2001, new or used automatic vending machines that prepare and
7		serve hot food and beverages, including coffee, soup, and
8		other items, and replacement parts for these machines.
9		Beginning January 1, 2002 and through June 30, 2003, machines
10		and parts for machines used in commercial, coin-operated
11		amusement and vending business if a use or occupation tax is
12		paid on the gross receipts derived from the use of the
13		commercial, coin-operated amusement and vending machines. This
14		paragraph is exempt from the provisions of Section 3-55.
15		(24) Beginning on August 2, 2001 (the effective date of
16		Public Act 92-227), computers and communications equipment
17		utilized for any hospital purpose and equipment used in the
18		diagnosis, analysis, or treatment of hospital patients sold to
19		a lessor who leases the equipment, under a lease of one year or
20		longer executed or in effect at the time of the purchase, to a
21		hospital that has been issued an active tax exemption
22		identification number by the Department under Section 1g of
23		the Retailers' Occupation Tax Act. This paragraph is exempt
24		from the provisions of Section 3-55.
25		(25) Beginning on August 2, 2001 (the effective date of
26		Public Act 92-227), personal property sold to a lessor who

HB4844 Engrossed - 573 - LRB103 39009 AMC 69146 b
1		leases the property, under a lease of one year or longer
2		executed or in effect at the time of the purchase, to a
3		governmental body that has been issued an active tax exemption
4		identification number by the Department under Section 1g of
5		the Retailers' Occupation Tax Act. This paragraph is exempt
6		from the provisions of Section 3-55.
7		(26) Beginning on January 1, 2002 and through June 30,
8		2016, tangible personal property purchased from an Illinois
9		retailer by a taxpayer engaged in centralized purchasing
10		activities in Illinois who will, upon receipt of the property
11		in Illinois, temporarily store the property in Illinois (i)
12		for the purpose of subsequently transporting it outside this
13		State for use or consumption thereafter solely outside this
14		State or (ii) for the purpose of being processed, fabricated,
15		or manufactured into, attached to, or incorporated into other
16		tangible personal property to be transported outside this
17		State and thereafter used or consumed solely outside this
18		State. The Director of Revenue shall, pursuant to rules
19		adopted in accordance with the Illinois Administrative
20		Procedure Act, issue a permit to any taxpayer in good standing
21		with the Department who is eligible for the exemption under
22		this paragraph (26). The permit issued under this paragraph
23		(26) shall authorize the holder, to the extent and in the
24		manner specified in the rules adopted under this Act, to
25		purchase tangible personal property from a retailer exempt
26		from the taxes imposed by this Act. Taxpayers shall maintain

HB4844 Engrossed - 574 - LRB103 39009 AMC 69146 b
1		all necessary books and records to substantiate the use and
2		consumption of all such tangible personal property outside of
3		the State of Illinois.
4		(27) Beginning January 1, 2008, tangible personal property
5		used in the construction or maintenance of a community water
6		supply, as defined under Section 3.145 of the Environmental
7		Protection Act, that is operated by a not-for-profit
8		corporation that holds a valid water supply permit issued
9		under Title IV of the Environmental Protection Act. This
10		paragraph is exempt from the provisions of Section 3-55.
11		(28) Tangible personal property sold to a
12		public-facilities corporation, as described in Section
13		11-65-10 of the Illinois Municipal Code, for purposes of
14		constructing or furnishing a municipal convention hall, but
15		only if the legal title to the municipal convention hall is
16		transferred to the municipality without any further
17		consideration by or on behalf of the municipality at the time
18		of the completion of the municipal convention hall or upon the
19		retirement or redemption of any bonds or other debt
20		instruments issued by the public-facilities corporation in
21		connection with the development of the municipal convention
22		hall. This exemption includes existing public-facilities
23		corporations as provided in Section 11-65-25 of the Illinois
24		Municipal Code. This paragraph is exempt from the provisions
25		of Section 3-55.
26		(29) Beginning January 1, 2010 and continuing through

HB4844 Engrossed - 575 - LRB103 39009 AMC 69146 b
1		December 31, 2029, materials, parts, equipment, components,
2		and furnishings incorporated into or upon an aircraft as part
3		of the modification, refurbishment, completion, replacement,
4		repair, or maintenance of the aircraft. This exemption
5		includes consumable supplies used in the modification,
6		refurbishment, completion, replacement, repair, and
7		maintenance of aircraft. However, until January 1, 2024, this
8		exemption excludes any materials, parts, equipment,
9		components, and consumable supplies used in the modification,
10		replacement, repair, and maintenance of aircraft engines or
11		power plants, whether such engines or power plants are
12		installed or uninstalled upon any such aircraft. "Consumable
13		supplies" include, but are not limited to, adhesive, tape,
14		sandpaper, general purpose lubricants, cleaning solution,
15		latex gloves, and protective films.
16		Beginning January 1, 2010 and continuing through December
17		31, 2023, this exemption applies only to the transfer of
18		qualifying tangible personal property incident to the
19		modification, refurbishment, completion, replacement, repair,
20		or maintenance of an aircraft by persons who (i) hold an Air
21		Agency Certificate and are empowered to operate an approved
22		repair station by the Federal Aviation Administration, (ii)
23		have a Class IV Rating, and (iii) conduct operations in
24		accordance with Part 145 of the Federal Aviation Regulations.
25		The exemption does not include aircraft operated by a
26		commercial air carrier providing scheduled passenger air

HB4844 Engrossed - 576 - LRB103 39009 AMC 69146 b
1		service pursuant to authority issued under Part 121 or Part
2		129 of the Federal Aviation Regulations. From January 1, 2024
3		through December 31, 2029, this exemption applies only to the
4		use of qualifying tangible personal property by: (A) persons
5		who modify, refurbish, complete, repair, replace, or maintain
6		aircraft and who (i) hold an Air Agency Certificate and are
7		empowered to operate an approved repair station by the Federal
8		Aviation Administration, (ii) have a Class IV Rating, and
9		(iii) conduct operations in accordance with Part 145 of the
10		Federal Aviation Regulations; and (B) persons who engage in
11		the modification, replacement, repair, and maintenance of
12		aircraft engines or power plants without regard to whether or
13		not those persons meet the qualifications of item (A).
14		The changes made to this paragraph (29) by Public Act
15		98-534 are declarative of existing law. It is the intent of the
16		General Assembly that the exemption under this paragraph (29)
17		applies continuously from January 1, 2010 through December 31,
18		2024; however, no claim for credit or refund is allowed for
19		taxes paid as a result of the disallowance of this exemption on
20		or after January 1, 2015 and prior to February 5, 2020 (the
21		effective date of Public Act 101-629).
22		(30) Beginning January 1, 2017 and through December 31,
23		2026, menstrual pads, tampons, and menstrual cups.
24		(31) Tangible personal property transferred to a purchaser
25		who is exempt from tax by operation of federal law. This
26		paragraph is exempt from the provisions of Section 3-55.

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1		(32) Qualified tangible personal property used in the
2		construction or operation of a data center that has been
3		granted a certificate of exemption by the Department of
4		Commerce and Economic Opportunity, whether that tangible
5		personal property is purchased by the owner, operator, or
6		tenant of the data center or by a contractor or subcontractor
7		of the owner, operator, or tenant. Data centers that would
8		have qualified for a certificate of exemption prior to January
9		1, 2020 had Public Act 101-31 been in effect, may apply for and
10		obtain an exemption for subsequent purchases of computer
11		equipment or enabling software purchased or leased to upgrade,
12		supplement, or replace computer equipment or enabling software
13		purchased or leased in the original investment that would have
14		qualified.
15		The Department of Commerce and Economic Opportunity shall
16		grant a certificate of exemption under this item (32) to
17		qualified data centers as defined by Section 605-1025 of the
18		Department of Commerce and Economic Opportunity Law of the
19		Civil Administrative Code of Illinois.
20		For the purposes of this item (32):
21		"Data center" means a building or a series of
22		buildings rehabilitated or constructed to house working
23		servers in one physical location or multiple sites within
24		the State of Illinois.
25		"Qualified tangible personal property" means:
26		electrical systems and equipment; climate control and

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1		chilling equipment and systems; mechanical systems and
2		equipment; monitoring and secure systems; emergency
3		generators; hardware; computers; servers; data storage
4		devices; network connectivity equipment; racks; cabinets;
5		telecommunications cabling infrastructure; raised floor
6		systems; peripheral components or systems; software;
7		mechanical, electrical, or plumbing systems; battery
8		systems; cooling systems and towers; temperature control
9		systems; other cabling; and other data center
10		infrastructure equipment and systems necessary to operate
11		qualified tangible personal property, including fixtures;
12		and component parts of any of the foregoing, including
13		installation, maintenance, repair, refurbishment, and
14		replacement of qualified tangible personal property to
15		generate, transform, transmit, distribute, or manage
16		electricity necessary to operate qualified tangible
17		personal property; and all other tangible personal
18		property that is essential to the operations of a computer
19		data center. The term "qualified tangible personal
20		property" also includes building materials physically
21		incorporated into in to the qualifying data center. To
22		document the exemption allowed under this Section, the
23		retailer must obtain from the purchaser a copy of the
24		certificate of eligibility issued by the Department of
25		Commerce and Economic Opportunity.
26		This item (32) is exempt from the provisions of Section

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1		3-55.
2		(33) Beginning July 1, 2022, breast pumps, breast pump
3		collection and storage supplies, and breast pump kits. This
4		item (33) is exempt from the provisions of Section 3-55. As
5		used in this item (33):
6		"Breast pump" means an electrically controlled or
7		manually controlled pump device designed or marketed to be
8		used to express milk from a human breast during lactation,
9		including the pump device and any battery, AC adapter, or
10		other power supply unit that is used to power the pump
11		device and is packaged and sold with the pump device at the
12		time of sale.
13		"Breast pump collection and storage supplies" means
14		items of tangible personal property designed or marketed
15		to be used in conjunction with a breast pump to collect
16		milk expressed from a human breast and to store collected
17		milk until it is ready for consumption.
18		"Breast pump collection and storage supplies"
19		includes, but is not limited to: breast shields and breast
20		shield connectors; breast pump tubes and tubing adapters;
21		breast pump valves and membranes; backflow protectors and
22		backflow protector adaptors; bottles and bottle caps
23		specific to the operation of the breast pump; and breast
24		milk storage bags.
25		"Breast pump collection and storage supplies" does not
26		include: (1) bottles and bottle caps not specific to the

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1		operation of the breast pump; (2) breast pump travel bags
2		and other similar carrying accessories, including ice
3		packs, labels, and other similar products; (3) breast pump
4		cleaning supplies; (4) nursing bras, bra pads, breast
5		shells, and other similar products; and (5) creams,
6		ointments, and other similar products that relieve
7		breastfeeding-related symptoms or conditions of the
8		breasts or nipples, unless sold as part of a breast pump
9		kit that is pre-packaged by the breast pump manufacturer
10		or distributor.
11		"Breast pump kit" means a kit that: (1) contains no
12		more than a breast pump, breast pump collection and
13		storage supplies, a rechargeable battery for operating the
14		breast pump, a breastmilk cooler, bottle stands, ice
15		packs, and a breast pump carrying case; and (2) is
16		pre-packaged as a breast pump kit by the breast pump
17		manufacturer or distributor.
18		(34) Tangible personal property sold by or on behalf of
19		the State Treasurer pursuant to the Revised Uniform Unclaimed
20		Property Act. This item (34) is exempt from the provisions of
21		Section 3-55.
22		(35) Beginning on January 1, 2024, tangible personal
23		property purchased by an active duty member of the armed
24		forces of the United States who presents valid military
25		identification and purchases the property using a form of
26		payment where the federal government is the payor. The member

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1		of the armed forces must complete, at the point of sale, a form
2		prescribed by the Department of Revenue documenting that the
3		transaction is eligible for the exemption under this
4		paragraph. Retailers must keep the form as documentation of
5		the exemption in their records for a period of not less than 6
6		years. "Armed forces of the United States" means the United
7		States Army, Navy, Air Force, Marine Corps, or Coast Guard.
8		This paragraph is exempt from the provisions of Section 3-55.
9		(Source: P.A. 102-16, eff. 6-17-21; 102-700, Article 70,
10		Section 70-15, eff. 4-19-22; 102-700, Article 75, Section
11		75-15, eff. 4-19-22; 102-1026, eff. 5-27-22; 103-9, Article 5,
12		Section 5-15, eff. 6-7-23; 103-9, Article 15, Section 15-15,
13		eff. 6-7-23; 103-154, eff. 6-30-23; 103-384, eff. 1-1-24;
14		revised 12-12-23.)
15		(35 ILCS 115/9) (from Ch. 120, par. 439.109)
16		Sec. 9. Each serviceman required or authorized to collect
17		the tax herein imposed shall pay to the Department the amount
18		of such tax at the time when he is required to file his return
19		for the period during which such tax was collectible, less a
20		discount of 2.1% prior to January 1, 1990, and 1.75% on and
21		after January 1, 1990, or $5 per calendar year, whichever is
22		greater, which is allowed to reimburse the serviceman for
23		expenses incurred in collecting the tax, keeping records,
24		preparing and filing returns, remitting the tax, and supplying
25		data to the Department on request. When determining the

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1		discount allowed under this Section, servicemen shall include
2		the amount of tax that would have been due at the 1% rate but
3		for the 0% rate imposed under Public Act 102-700 this
4		amendatory Act of the 102nd General Assembly. The discount
5		under this Section is not allowed for the 1.25% portion of
6		taxes paid on aviation fuel that is subject to the revenue use
7		requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133. The
8		discount allowed under this Section is allowed only for
9		returns that are filed in the manner required by this Act. The
10		Department may disallow the discount for servicemen whose
11		certificate of registration is revoked at the time the return
12		is filed, but only if the Department's decision to revoke the
13		certificate of registration has become final.
14		Where such tangible personal property is sold under a
15		conditional sales contract, or under any other form of sale
16		wherein the payment of the principal sum, or a part thereof, is
17		extended beyond the close of the period for which the return is
18		filed, the serviceman, in collecting the tax may collect, for
19		each tax return period, only the tax applicable to the part of
20		the selling price actually received during such tax return
21		period.
22		Except as provided hereinafter in this Section, on or
23		before the twentieth day of each calendar month, such
24		serviceman shall file a return for the preceding calendar
25		month in accordance with reasonable rules and regulations to
26		be promulgated by the Department of Revenue. Such return shall

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1		be filed on a form prescribed by the Department and shall
2		contain such information as the Department may reasonably
3		require. The return shall include the gross receipts which
4		were received during the preceding calendar month or quarter
5		on the following items upon which tax would have been due but
6		for the 0% rate imposed under Public Act 102-700 this
7		amendatory Act of the 102nd General Assembly: (i) food for
8		human consumption that is to be consumed off the premises
9		where it is sold (other than alcoholic beverages, food
10		consisting of or infused with adult use cannabis, soft drinks,
11		and food that has been prepared for immediate consumption);
12		and (ii) food prepared for immediate consumption and
13		transferred incident to a sale of service subject to this Act
14		or the Service Use Tax Act by an entity licensed under the
15		Hospital Licensing Act, the Nursing Home Care Act, the
16		Assisted Living and Shared Housing Act, the ID/DD Community
17		Care Act, the MC/DD Act, the Specialized Mental Health
18		Rehabilitation Act of 2013, or the Child Care Act of 1969, or
19		an entity that holds a permit issued pursuant to the Life Care
20		Facilities Act. The return shall also include the amount of
21		tax that would have been due on the items listed in the
22		previous sentence but for the 0% rate imposed under Public Act
23		102-700 this amendatory Act of the 102nd General Assembly.
24		On and after January 1, 2018, with respect to servicemen
25		whose annual gross receipts average $20,000 or more, all
26		returns required to be filed pursuant to this Act shall be

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1		filed electronically. Servicemen who demonstrate that they do
2		not have access to the Internet or demonstrate hardship in
3		filing electronically may petition the Department to waive the
4		electronic filing requirement.
5		The Department may require returns to be filed on a
6		quarterly basis. If so required, a return for each calendar
7		quarter shall be filed on or before the twentieth day of the
8		calendar month following the end of such calendar quarter. The
9		taxpayer shall also file a return with the Department for each
10		of the first two months of each calendar quarter, on or before
11		the twentieth day of the following calendar month, stating:
12		1. The name of the seller;
13		2. The address of the principal place of business from
14		which he engages in business as a serviceman in this
15		State;
16		3. The total amount of taxable receipts received by
17		him during the preceding calendar month, including
18		receipts from charge and time sales, but less all
19		deductions allowed by law;
20		4. The amount of credit provided in Section 2d of this
21		Act;
22		5. The amount of tax due;
23		5-5. The signature of the taxpayer; and
24		6. Such other reasonable information as the Department
25		may require.
26		Each serviceman required or authorized to collect the tax

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1		herein imposed on aviation fuel acquired as an incident to the
2		purchase of a service in this State during the preceding
3		calendar month shall, instead of reporting and paying tax as
4		otherwise required by this Section, report and pay such tax on
5		a separate aviation fuel tax return. The requirements related
6		to the return shall be as otherwise provided in this Section.
7		Notwithstanding any other provisions of this Act to the
8		contrary, servicemen transferring aviation fuel incident to
9		sales of service shall file all aviation fuel tax returns and
10		shall make all aviation fuel tax payments by electronic means
11		in the manner and form required by the Department. For
12		purposes of this Section, "aviation fuel" means jet fuel and
13		aviation gasoline.
14		If a taxpayer fails to sign a return within 30 days after
15		the proper notice and demand for signature by the Department,
16		the return shall be considered valid and any amount shown to be
17		due on the return shall be deemed assessed.
18		Notwithstanding any other provision of this Act to the
19		contrary, servicemen subject to tax on cannabis shall file all
20		cannabis tax returns and shall make all cannabis tax payments
21		by electronic means in the manner and form required by the
22		Department.
23		Prior to October 1, 2003, and on and after September 1,
24		2004 a serviceman may accept a Manufacturer's Purchase Credit
25		certification from a purchaser in satisfaction of Service Use
26		Tax as provided in Section 3-70 of the Service Use Tax Act if

HB4844 Engrossed - 586 - LRB103 39009 AMC 69146 b
1		the purchaser provides the appropriate documentation as
2		required by Section 3-70 of the Service Use Tax Act. A
3		Manufacturer's Purchase Credit certification, accepted prior
4		to October 1, 2003 or on or after September 1, 2004 by a
5		serviceman as provided in Section 3-70 of the Service Use Tax
6		Act, may be used by that serviceman to satisfy Service
7		Occupation Tax liability in the amount claimed in the
8		certification, not to exceed 6.25% of the receipts subject to
9		tax from a qualifying purchase. A Manufacturer's Purchase
10		Credit reported on any original or amended return filed under
11		this Act after October 20, 2003 for reporting periods prior to
12		September 1, 2004 shall be disallowed. Manufacturer's Purchase
13		Credit reported on annual returns due on or after January 1,
14		2005 will be disallowed for periods prior to September 1,
15		2004. No Manufacturer's Purchase Credit may be used after
16		September 30, 2003 through August 31, 2004 to satisfy any tax
17		liability imposed under this Act, including any audit
18		liability.
19		Beginning on July 1, 2023 and through December 31, 2032, a
20		serviceman may accept a Sustainable Aviation Fuel Purchase
21		Credit certification from an air common carrier-purchaser in
22		satisfaction of Service Use Tax as provided in Section 3-72 of
23		the Service Use Tax Act if the purchaser provides the
24		appropriate documentation as required by Section 3-72 of the
25		Service Use Tax Act. A Sustainable Aviation Fuel Purchase
26		Credit certification accepted by a serviceman in accordance

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1		with this paragraph may be used by that serviceman to satisfy
2		service occupation tax liability (but not in satisfaction of
3		penalty or interest) in the amount claimed in the
4		certification, not to exceed 6.25% of the receipts subject to
5		tax from a sale of aviation fuel. In addition, for a sale of
6		aviation fuel to qualify to earn the Sustainable Aviation Fuel
7		Purchase Credit, servicemen must retain in their books and
8		records a certification from the producer of the aviation fuel
9		that the aviation fuel sold by the serviceman and for which a
10		sustainable aviation fuel purchase credit was earned meets the
11		definition of sustainable aviation fuel under Section 3-72 of
12		the Service Use Tax Act. The documentation must include detail
13		sufficient for the Department to determine the number of
14		gallons of sustainable aviation fuel sold.
15		If the serviceman's average monthly tax liability to the
16		Department does not exceed $200, the Department may authorize
17		his returns to be filed on a quarter annual basis, with the
18		return for January, February, and March of a given year being
19		due by April 20 of such year; with the return for April, May,
20		and June of a given year being due by July 20 of such year;
21		with the return for July, August, and September of a given year
22		being due by October 20 of such year, and with the return for
23		October, November, and December of a given year being due by
24		January 20 of the following year.
25		If the serviceman's average monthly tax liability to the
26		Department does not exceed $50, the Department may authorize

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1		his returns to be filed on an annual basis, with the return for
2		a given year being due by January 20 of the following year.
3		Such quarter annual and annual returns, as to form and
4		substance, shall be subject to the same requirements as
5		monthly returns.
6		Notwithstanding any other provision in this Act concerning
7		the time within which a serviceman may file his return, in the
8		case of any serviceman who ceases to engage in a kind of
9		business which makes him responsible for filing returns under
10		this Act, such serviceman shall file a final return under this
11		Act with the Department not more than one 1 month after
12		discontinuing such business.
13		Beginning October 1, 1993, a taxpayer who has an average
14		monthly tax liability of $150,000 or more shall make all
15		payments required by rules of the Department by electronic
16		funds transfer. Beginning October 1, 1994, a taxpayer who has
17		an average monthly tax liability of $100,000 or more shall
18		make all payments required by rules of the Department by
19		electronic funds transfer. Beginning October 1, 1995, a
20		taxpayer who has an average monthly tax liability of $50,000
21		or more shall make all payments required by rules of the
22		Department by electronic funds transfer. Beginning October 1,
23		2000, a taxpayer who has an annual tax liability of $200,000 or
24		more shall make all payments required by rules of the
25		Department by electronic funds transfer. The term "annual tax
26		liability" shall be the sum of the taxpayer's liabilities

HB4844 Engrossed - 589 - LRB103 39009 AMC 69146 b
1		under this Act, and under all other State and local occupation
2		and use tax laws administered by the Department, for the
3		immediately preceding calendar year. The term "average monthly
4		tax liability" means the sum of the taxpayer's liabilities
5		under this Act, and under all other State and local occupation
6		and use tax laws administered by the Department, for the
7		immediately preceding calendar year divided by 12. Beginning
8		on October 1, 2002, a taxpayer who has a tax liability in the
9		amount set forth in subsection (b) of Section 2505-210 of the
10		Department of Revenue Law shall make all payments required by
11		rules of the Department by electronic funds transfer.
12		Before August 1 of each year beginning in 1993, the
13		Department shall notify all taxpayers required to make
14		payments by electronic funds transfer. All taxpayers required
15		to make payments by electronic funds transfer shall make those
16		payments for a minimum of one year beginning on October 1.
17		Any taxpayer not required to make payments by electronic
18		funds transfer may make payments by electronic funds transfer
19		with the permission of the Department.
20		All taxpayers required to make payment by electronic funds
21		transfer and any taxpayers authorized to voluntarily make
22		payments by electronic funds transfer shall make those
23		payments in the manner authorized by the Department.
24		The Department shall adopt such rules as are necessary to
25		effectuate a program of electronic funds transfer and the
26		requirements of this Section.

HB4844 Engrossed - 590 - LRB103 39009 AMC 69146 b
1		Where a serviceman collects the tax with respect to the
2		selling price of tangible personal property which he sells and
3		the purchaser thereafter returns such tangible personal
4		property and the serviceman refunds the selling price thereof
5		to the purchaser, such serviceman shall also refund, to the
6		purchaser, the tax so collected from the purchaser. When
7		filing his return for the period in which he refunds such tax
8		to the purchaser, the serviceman may deduct the amount of the
9		tax so refunded by him to the purchaser from any other Service
10		Occupation Tax, Service Use Tax, Retailers' Occupation Tax, or
11		Use Tax which such serviceman may be required to pay or remit
12		to the Department, as shown by such return, provided that the
13		amount of the tax to be deducted shall previously have been
14		remitted to the Department by such serviceman. If the
15		serviceman shall not previously have remitted the amount of
16		such tax to the Department, he shall be entitled to no
17		deduction hereunder upon refunding such tax to the purchaser.
18		If experience indicates such action to be practicable, the
19		Department may prescribe and furnish a combination or joint
20		return which will enable servicemen, who are required to file
21		returns hereunder and also under the Retailers' Occupation Tax
22		Act, the Use Tax Act, or the Service Use Tax Act, to furnish
23		all the return information required by all said Acts on the one
24		form.
25		Where the serviceman has more than one business registered
26		with the Department under separate registrations hereunder,

HB4844 Engrossed - 591 - LRB103 39009 AMC 69146 b
1		such serviceman shall file separate returns for each
2		registered business.
3		Beginning January 1, 1990, each month the Department shall
4		pay into the Local Government Tax Fund the revenue realized
5		for the preceding month from the 1% tax imposed under this Act.
6		Beginning January 1, 1990, each month the Department shall
7		pay into the County and Mass Transit District Fund 4% of the
8		revenue realized for the preceding month from the 6.25%
9		general rate on sales of tangible personal property other than
10		aviation fuel sold on or after December 1, 2019. This
11		exception for aviation fuel only applies for so long as the
12		revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.
13		47133 are binding on the State.
14		Beginning August 1, 2000, each month the Department shall
15		pay into the County and Mass Transit District Fund 20% of the
16		net revenue realized for the preceding month from the 1.25%
17		rate on the selling price of motor fuel and gasohol.
18		Beginning January 1, 1990, each month the Department shall
19		pay into the Local Government Tax Fund 16% of the revenue
20		realized for the preceding month from the 6.25% general rate
21		on transfers of tangible personal property other than aviation
22		fuel sold on or after December 1, 2019. This exception for
23		aviation fuel only applies for so long as the revenue use
24		requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are
25		binding on the State.
26		For aviation fuel sold on or after December 1, 2019, each

HB4844 Engrossed - 592 - LRB103 39009 AMC 69146 b
1		month the Department shall pay into the State Aviation Program
2		Fund 20% of the net revenue realized for the preceding month
3		from the 6.25% general rate on the selling price of aviation
4		fuel, less an amount estimated by the Department to be
5		required for refunds of the 20% portion of the tax on aviation
6		fuel under this Act, which amount shall be deposited into the
7		Aviation Fuel Sales Tax Refund Fund. The Department shall only
8		pay moneys into the State Aviation Program Fund and the
9		Aviation Fuel Sales Tax Refund Fund under this Act for so long
10		as the revenue use requirements of 49 U.S.C. 47107(b) and 49
11		U.S.C. 47133 are binding on the State.
12		Beginning August 1, 2000, each month the Department shall
13		pay into the Local Government Tax Fund 80% of the net revenue
14		realized for the preceding month from the 1.25% rate on the
15		selling price of motor fuel and gasohol.
16		Beginning October 1, 2009, each month the Department shall
17		pay into the Capital Projects Fund an amount that is equal to
18		an amount estimated by the Department to represent 80% of the
19		net revenue realized for the preceding month from the sale of
20		candy, grooming and hygiene products, and soft drinks that had
21		been taxed at a rate of 1% prior to September 1, 2009 but that
22		are now taxed at 6.25%.
23		Beginning July 1, 2013, each month the Department shall
24		pay into the Underground Storage Tank Fund from the proceeds
25		collected under this Act, the Use Tax Act, the Service Use Tax
26		Act, and the Retailers' Occupation Tax Act an amount equal to

HB4844 Engrossed - 593 - LRB103 39009 AMC 69146 b
1		the average monthly deficit in the Underground Storage Tank
2		Fund during the prior year, as certified annually by the
3		Illinois Environmental Protection Agency, but the total
4		payment into the Underground Storage Tank Fund under this Act,
5		the Use Tax Act, the Service Use Tax Act, and the Retailers'
6		Occupation Tax Act shall not exceed $18,000,000 in any State
7		fiscal year. As used in this paragraph, the "average monthly
8		deficit" shall be equal to the difference between the average
9		monthly claims for payment by the fund and the average monthly
10		revenues deposited into the fund, excluding payments made
11		pursuant to this paragraph.
12		Beginning July 1, 2015, of the remainder of the moneys
13		received by the Department under the Use Tax Act, the Service
14		Use Tax Act, this Act, and the Retailers' Occupation Tax Act,
15		each month the Department shall deposit $500,000 into the
16		State Crime Laboratory Fund.
17		Of the remainder of the moneys received by the Department
18		pursuant to this Act, (a) 1.75% thereof shall be paid into the
19		Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on
20		and after July 1, 1989, 3.8% thereof shall be paid into the
21		Build Illinois Fund; provided, however, that if in any fiscal
22		year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
23		may be, of the moneys received by the Department and required
24		to be paid into the Build Illinois Fund pursuant to Section 3
25		of the Retailers' Occupation Tax Act, Section 9 of the Use Tax
26		Act, Section 9 of the Service Use Tax Act, and Section 9 of the

HB4844 Engrossed - 594 - LRB103 39009 AMC 69146 b
1		Service Occupation Tax Act, such Acts being hereinafter called
2		the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case
3		may be, of moneys being hereinafter called the "Tax Act
4		Amount", and (2) the amount transferred to the Build Illinois
5		Fund from the State and Local Sales Tax Reform Fund shall be
6		less than the Annual Specified Amount (as defined in Section 3
7		of the Retailers' Occupation Tax Act), an amount equal to the
8		difference shall be immediately paid into the Build Illinois
9		Fund from other moneys received by the Department pursuant to
10		the Tax Acts; and further provided, that if on the last
11		business day of any month the sum of (1) the Tax Act Amount
12		required to be deposited into the Build Illinois Account in
13		the Build Illinois Fund during such month and (2) the amount
14		transferred during such month to the Build Illinois Fund from
15		the State and Local Sales Tax Reform Fund shall have been less
16		than 1/12 of the Annual Specified Amount, an amount equal to
17		the difference shall be immediately paid into the Build
18		Illinois Fund from other moneys received by the Department
19		pursuant to the Tax Acts; and, further provided, that in no
20		event shall the payments required under the preceding proviso
21		result in aggregate payments into the Build Illinois Fund
22		pursuant to this clause (b) for any fiscal year in excess of
23		the greater of (i) the Tax Act Amount or (ii) the Annual
24		Specified Amount for such fiscal year; and, further provided,
25		that the amounts payable into the Build Illinois Fund under
26		this clause (b) shall be payable only until such time as the

HB4844 Engrossed - 595 - LRB103 39009 AMC 69146 b
1		aggregate amount on deposit under each trust indenture
2		securing Bonds issued and outstanding pursuant to the Build
3		Illinois Bond Act is sufficient, taking into account any
4		future investment income, to fully provide, in accordance with
5		such indenture, for the defeasance of or the payment of the
6		principal of, premium, if any, and interest on the Bonds
7		secured by such indenture and on any Bonds expected to be
8		issued thereafter and all fees and costs payable with respect
9		thereto, all as certified by the Director of the Bureau of the
10		Budget (now Governor's Office of Management and Budget). If on
11		the last business day of any month in which Bonds are
12		outstanding pursuant to the Build Illinois Bond Act, the
13		aggregate of the moneys deposited in the Build Illinois Bond
14		Account in the Build Illinois Fund in such month shall be less
15		than the amount required to be transferred in such month from
16		the Build Illinois Bond Account to the Build Illinois Bond
17		Retirement and Interest Fund pursuant to Section 13 of the
18		Build Illinois Bond Act, an amount equal to such deficiency
19		shall be immediately paid from other moneys received by the
20		Department pursuant to the Tax Acts to the Build Illinois
21		Fund; provided, however, that any amounts paid to the Build
22		Illinois Fund in any fiscal year pursuant to this sentence
23		shall be deemed to constitute payments pursuant to clause (b)
24		of the preceding sentence and shall reduce the amount
25		otherwise payable for such fiscal year pursuant to clause (b)
26		of the preceding sentence. The moneys received by the

HB4844 Engrossed - 596 - LRB103 39009 AMC 69146 b
1		Department pursuant to this Act and required to be deposited
2		into the Build Illinois Fund are subject to the pledge, claim
3		and charge set forth in Section 12 of the Build Illinois Bond
4		Act.
5		Subject to payment of amounts into the Build Illinois Fund
6		as provided in the preceding paragraph or in any amendment
7		thereto hereafter enacted, the following specified monthly
8		installment of the amount requested in the certificate of the
9		Chairman of the Metropolitan Pier and Exposition Authority
10		provided under Section 8.25f of the State Finance Act, but not
11		in excess of the sums designated as "Total Deposit", shall be
12		deposited in the aggregate from collections under Section 9 of
13		the Use Tax Act, Section 9 of the Service Use Tax Act, Section
14		9 of the Service Occupation Tax Act, and Section 3 of the
15		Retailers' Occupation Tax Act into the McCormick Place
16		Expansion Project Fund in the specified fiscal years.
17 Fiscal Year Total Deposit 18 1993 $0 19 1994 53,000,000 20 1995 58,000,000 21 1996 61,000,000 22 1997 64,000,000 23 1998 68,000,000 24 1999 71,000,000 25 2000 75,000,000

HB4844 Engrossed - 597 - LRB103 39009 AMC 69146 b

1 2001 80,000,000 2 2002 93,000,000 3 2003 99,000,000 4 2004 103,000,000 5 2005 108,000,000 6 2006 113,000,000 7 2007 119,000,000 8 2008 126,000,000 9 2009 132,000,000 10 2010 139,000,000 11 2011 146,000,000 12 2012 153,000,000 13 2013 161,000,000 14 2014 170,000,000 15 2015 179,000,000 16 2016 189,000,000 17 2017 199,000,000 18 2018 210,000,000 19 2019 221,000,000 20 2020 233,000,000 21 2021 300,000,000 22 2022 300,000,000 23 2023 300,000,000 24 2024 300,000,000 25 2025 300,000,000 26 2026 300,000,000

HB4844 Engrossed - 598 - LRB103 39009 AMC 69146 b
1 2027 375,000,000 2 2028 375,000,000 3 2029 375,000,000 4 2030 375,000,000 5 2031 375,000,000 6 2032 375,000,000 7 2033 375,000,000 8 2034 375,000,000 9 2035 375,000,000 10 2036 450,000,000 11 and 12 each fiscal year 13 thereafter that bonds 14 are outstanding under 15 Section 13.2 of the 16 Metropolitan Pier and 17 Exposition Authority Act, 18 but not after fiscal year 2060.
19		Beginning July 20, 1993 and in each month of each fiscal
20		year thereafter, one-eighth of the amount requested in the
21		certificate of the Chairman of the Metropolitan Pier and
22		Exposition Authority for that fiscal year, less the amount
23		deposited into the McCormick Place Expansion Project Fund by
24		the State Treasurer in the respective month under subsection
25		(g) of Section 13 of the Metropolitan Pier and Exposition
26		Authority Act, plus cumulative deficiencies in the deposits

HB4844 Engrossed - 599 - LRB103 39009 AMC 69146 b
1		required under this Section for previous months and years,
2		shall be deposited into the McCormick Place Expansion Project
3		Fund, until the full amount requested for the fiscal year, but
4		not in excess of the amount specified above as "Total
5		Deposit", has been deposited.
6		Subject to payment of amounts into the Capital Projects
7		Fund, the Build Illinois Fund, and the McCormick Place
8		Expansion Project Fund pursuant to the preceding paragraphs or
9		in any amendments thereto hereafter enacted, for aviation fuel
10		sold on or after December 1, 2019, the Department shall each
11		month deposit into the Aviation Fuel Sales Tax Refund Fund an
12		amount estimated by the Department to be required for refunds
13		of the 80% portion of the tax on aviation fuel under this Act.
14		The Department shall only deposit moneys into the Aviation
15		Fuel Sales Tax Refund Fund under this paragraph for so long as
16		the revenue use requirements of 49 U.S.C. 47107(b) and 49
17		U.S.C. 47133 are binding on the State.
18		Subject to payment of amounts into the Build Illinois Fund
19		and the McCormick Place Expansion Project Fund pursuant to the
20		preceding paragraphs or in any amendments thereto hereafter
21		enacted, beginning July 1, 1993 and ending on September 30,
22		2013, the Department shall each month pay into the Illinois
23		Tax Increment Fund 0.27% of 80% of the net revenue realized for
24		the preceding month from the 6.25% general rate on the selling
25		price of tangible personal property.
26		Subject to payment of amounts into the Build Illinois

HB4844 Engrossed - 600 - LRB103 39009 AMC 69146 b
1		Fund, the McCormick Place Expansion Project Fund, and the
2		Illinois Tax Increment Fund pursuant to the preceding
3		paragraphs or in any amendments to this Section hereafter
4		enacted, beginning on the first day of the first calendar
5		month to occur on or after August 26, 2014 (the effective date
6		of Public Act 98-1098), each month, from the collections made
7		under Section 9 of the Use Tax Act, Section 9 of the Service
8		Use Tax Act, Section 9 of the Service Occupation Tax Act, and
9		Section 3 of the Retailers' Occupation Tax Act, the Department
10		shall pay into the Tax Compliance and Administration Fund, to
11		be used, subject to appropriation, to fund additional auditors
12		and compliance personnel at the Department of Revenue, an
13		amount equal to 1/12 of 5% of 80% of the cash receipts
14		collected during the preceding fiscal year by the Audit Bureau
15		of the Department under the Use Tax Act, the Service Use Tax
16		Act, the Service Occupation Tax Act, the Retailers' Occupation
17		Tax Act, and associated local occupation and use taxes
18		administered by the Department.
19		Subject to payments of amounts into the Build Illinois
20		Fund, the McCormick Place Expansion Project Fund, the Illinois
21		Tax Increment Fund, and the Tax Compliance and Administration
22		Fund as provided in this Section, beginning on July 1, 2018 the
23		Department shall pay each month into the Downstate Public
24		Transportation Fund the moneys required to be so paid under
25		Section 2-3 of the Downstate Public Transportation Act.
26		Subject to successful execution and delivery of a

HB4844 Engrossed - 601 - LRB103 39009 AMC 69146 b
1		public-private agreement between the public agency and private
2		entity and completion of the civic build, beginning on July 1,
3		2023, of the remainder of the moneys received by the
4		Department under the Use Tax Act, the Service Use Tax Act, the
5		Service Occupation Tax Act, and this Act, the Department shall
6		deposit the following specified deposits in the aggregate from
7		collections under the Use Tax Act, the Service Use Tax Act, the
8		Service Occupation Tax Act, and the Retailers' Occupation Tax
9		Act, as required under Section 8.25g of the State Finance Act
10		for distribution consistent with the Public-Private
11		Partnership for Civic and Transit Infrastructure Project Act.
12		The moneys received by the Department pursuant to this Act and
13		required to be deposited into the Civic and Transit
14		Infrastructure Fund are subject to the pledge, claim and
15		charge set forth in Section 25-55 of the Public-Private
16		Partnership for Civic and Transit Infrastructure Project Act.
17		As used in this paragraph, "civic build", "private entity",
18		"public-private agreement", and "public agency" have the
19		meanings provided in Section 25-10 of the Public-Private
20		Partnership for Civic and Transit Infrastructure Project Act.
21		Fiscal Year............................Total Deposit
22		2024....................................$200,000,000
23		2025....................................$206,000,000
24		2026....................................$212,200,000
25		2027....................................$218,500,000
26		2028....................................$225,100,000

HB4844 Engrossed - 602 - LRB103 39009 AMC 69146 b
1		2029....................................$288,700,000
2		2030....................................$298,900,000
3		2031....................................$309,300,000
4		2032....................................$320,100,000
5		2033....................................$331,200,000
6		2034....................................$341,200,000
7		2035....................................$351,400,000
8		2036....................................$361,900,000
9		2037....................................$372,800,000
10		2038....................................$384,000,000
11		2039....................................$395,500,000
12		2040....................................$407,400,000
13		2041....................................$419,600,000
14		2042....................................$432,200,000
15		2043....................................$445,100,000
16		Beginning July 1, 2021 and until July 1, 2022, subject to
17		the payment of amounts into the County and Mass Transit
18		District Fund, the Local Government Tax Fund, the Build
19		Illinois Fund, the McCormick Place Expansion Project Fund, the
20		Illinois Tax Increment Fund, and the Tax Compliance and
21		Administration Fund as provided in this Section, the
22		Department shall pay each month into the Road Fund the amount
23		estimated to represent 16% of the net revenue realized from
24		the taxes imposed on motor fuel and gasohol. Beginning July 1,
25		2022 and until July 1, 2023, subject to the payment of amounts
26		into the County and Mass Transit District Fund, the Local

HB4844 Engrossed - 603 - LRB103 39009 AMC 69146 b
1		Government Tax Fund, the Build Illinois Fund, the McCormick
2		Place Expansion Project Fund, the Illinois Tax Increment Fund,
3		and the Tax Compliance and Administration Fund as provided in
4		this Section, the Department shall pay each month into the
5		Road Fund the amount estimated to represent 32% of the net
6		revenue realized from the taxes imposed on motor fuel and
7		gasohol. Beginning July 1, 2023 and until July 1, 2024,
8		subject to the payment of amounts into the County and Mass
9		Transit District Fund, the Local Government Tax Fund, the
10		Build Illinois Fund, the McCormick Place Expansion Project
11		Fund, the Illinois Tax Increment Fund, and the Tax Compliance
12		and Administration Fund as provided in this Section, the
13		Department shall pay each month into the Road Fund the amount
14		estimated to represent 48% of the net revenue realized from
15		the taxes imposed on motor fuel and gasohol. Beginning July 1,
16		2024 and until July 1, 2025, subject to the payment of amounts
17		into the County and Mass Transit District Fund, the Local
18		Government Tax Fund, the Build Illinois Fund, the McCormick
19		Place Expansion Project Fund, the Illinois Tax Increment Fund,
20		and the Tax Compliance and Administration Fund as provided in
21		this Section, the Department shall pay each month into the
22		Road Fund the amount estimated to represent 64% of the net
23		revenue realized from the taxes imposed on motor fuel and
24		gasohol. Beginning on July 1, 2025, subject to the payment of
25		amounts into the County and Mass Transit District Fund, the
26		Local Government Tax Fund, the Build Illinois Fund, the

HB4844 Engrossed - 604 - LRB103 39009 AMC 69146 b
1		McCormick Place Expansion Project Fund, the Illinois Tax
2		Increment Fund, and the Tax Compliance and Administration Fund
3		as provided in this Section, the Department shall pay each
4		month into the Road Fund the amount estimated to represent 80%
5		of the net revenue realized from the taxes imposed on motor
6		fuel and gasohol. As used in this paragraph "motor fuel" has
7		the meaning given to that term in Section 1.1 of the Motor Fuel
8		Tax Law, and "gasohol" has the meaning given to that term in
9		Section 3-40 of the Use Tax Act.
10		Of the remainder of the moneys received by the Department
11		pursuant to this Act, 75% shall be paid into the General
12		Revenue Fund of the State treasury Treasury and 25% shall be
13		reserved in a special account and used only for the transfer to
14		the Common School Fund as part of the monthly transfer from the
15		General Revenue Fund in accordance with Section 8a of the
16		State Finance Act.
17		The Department may, upon separate written notice to a
18		taxpayer, require the taxpayer to prepare and file with the
19		Department on a form prescribed by the Department within not
20		less than 60 days after receipt of the notice an annual
21		information return for the tax year specified in the notice.
22		Such annual return to the Department shall include a statement
23		of gross receipts as shown by the taxpayer's last federal
24		Federal income tax return. If the total receipts of the
25		business as reported in the federal Federal income tax return
26		do not agree with the gross receipts reported to the

HB4844 Engrossed - 605 - LRB103 39009 AMC 69146 b
1		Department of Revenue for the same period, the taxpayer shall
2		attach to his annual return a schedule showing a
3		reconciliation of the 2 amounts and the reasons for the
4		difference. The taxpayer's annual return to the Department
5		shall also disclose the cost of goods sold by the taxpayer
6		during the year covered by such return, opening and closing
7		inventories of such goods for such year, cost of goods used
8		from stock or taken from stock and given away by the taxpayer
9		during such year, pay roll information of the taxpayer's
10		business during such year and any additional reasonable
11		information which the Department deems would be helpful in
12		determining the accuracy of the monthly, quarterly or annual
13		returns filed by such taxpayer as hereinbefore provided for in
14		this Section.
15		If the annual information return required by this Section
16		is not filed when and as required, the taxpayer shall be liable
17		as follows:
18		(i) Until January 1, 1994, the taxpayer shall be
19		liable for a penalty equal to 1/6 of 1% of the tax due from
20		such taxpayer under this Act during the period to be
21		covered by the annual return for each month or fraction of
22		a month until such return is filed as required, the
23		penalty to be assessed and collected in the same manner as
24		any other penalty provided for in this Act.
25		(ii) On and after January 1, 1994, the taxpayer shall
26		be liable for a penalty as described in Section 3-4 of the

HB4844 Engrossed - 606 - LRB103 39009 AMC 69146 b
1		Uniform Penalty and Interest Act.
2		The chief executive officer, proprietor, owner, or highest
3		ranking manager shall sign the annual return to certify the
4		accuracy of the information contained therein. Any person who
5		willfully signs the annual return containing false or
6		inaccurate information shall be guilty of perjury and punished
7		accordingly. The annual return form prescribed by the
8		Department shall include a warning that the person signing the
9		return may be liable for perjury.
10		The foregoing portion of this Section concerning the
11		filing of an annual information return shall not apply to a
12		serviceman who is not required to file an income tax return
13		with the United States Government.
14		As soon as possible after the first day of each month, upon
15		certification of the Department of Revenue, the Comptroller
16		shall order transferred and the Treasurer shall transfer from
17		the General Revenue Fund to the Motor Fuel Tax Fund an amount
18		equal to 1.7% of 80% of the net revenue realized under this Act
19		for the second preceding month. Beginning April 1, 2000, this
20		transfer is no longer required and shall not be made.
21		Net revenue realized for a month shall be the revenue
22		collected by the State pursuant to this Act, less the amount
23		paid out during that month as refunds to taxpayers for
24		overpayment of liability.
25		For greater simplicity of administration, it shall be
26		permissible for manufacturers, importers and wholesalers whose

HB4844 Engrossed - 607 - LRB103 39009 AMC 69146 b
1		products are sold by numerous servicemen in Illinois, and who
2		wish to do so, to assume the responsibility for accounting and
3		paying to the Department all tax accruing under this Act with
4		respect to such sales, if the servicemen who are affected do
5		not make written objection to the Department to this
6		arrangement.
7		(Source: P.A. 102-700, eff. 4-19-22; 103-9, eff. 6-7-23;
8		103-363, eff. 7-28-23; revised 9-25-23.)
9		(35 ILCS 115/12) (from Ch. 120, par. 439.112)
10		Sec. 12. All of the provisions of Sections 1d, 1e, 1f, 1i,
11		1j, 1j.1, 1k, 1m, 1n, 1o, 2-6, 2-12, 2-54, 2a, 2b, 2c, 3
12		(except as to the disposition by the Department of the tax
13		collected under this Act), 4 (except that the time limitation
14		provisions shall run from the date when the tax is due rather
15		than from the date when gross receipts are received), 5
16		(except that the time limitation provisions on the issuance of
17		notices of tax liability shall run from the date when the tax
18		is due rather than from the date when gross receipts are
19		received), 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5j, 5k, 5l, 5m, 5n, 6d,
20		7, 8, 9, 10, 11, and 12 of the "Retailers' Occupation Tax Act"
21		which are not inconsistent with this Act, and Section 3-7 of
22		the Uniform Penalty and Interest Act shall apply, as far as
23		practicable, to the subject matter of this Act to the same
24		extent as if such provisions were included herein.
25		(Source: P.A. 102-700, eff. 4-19-22; 103-9, eff. 6-7-23;

HB4844 Engrossed - 608 - LRB103 39009 AMC 69146 b
1		revised 9-26-23.)
2		Section 205. The Retailers' Occupation Tax Act is amended
3		by changing Sections 2-5 and 3 as follows:
4		(35 ILCS 120/2-5)
5		Sec. 2-5. Exemptions. Gross receipts from proceeds from
6		the sale of the following tangible personal property are
7		exempt from the tax imposed by this Act:
8		(1) Farm chemicals.
9		(2) Farm machinery and equipment, both new and used,
10		including that manufactured on special order, certified by
11		the purchaser to be used primarily for production
12		agriculture or State or federal agricultural programs,
13		including individual replacement parts for the machinery
14		and equipment, including machinery and equipment purchased
15		for lease, and including implements of husbandry defined
16		in Section 1-130 of the Illinois Vehicle Code, farm
17		machinery and agricultural chemical and fertilizer
18		spreaders, and nurse wagons required to be registered
19		under Section 3-809 of the Illinois Vehicle Code, but
20		excluding other motor vehicles required to be registered
21		under the Illinois Vehicle Code. Horticultural polyhouses
22		or hoop houses used for propagating, growing, or
23		overwintering plants shall be considered farm machinery
24		and equipment under this item (2). Agricultural chemical

HB4844 Engrossed - 609 - LRB103 39009 AMC 69146 b
1		tender tanks and dry boxes shall include units sold
2		separately from a motor vehicle required to be licensed
3		and units sold mounted on a motor vehicle required to be
4		licensed, if the selling price of the tender is separately
5		stated.
6		Farm machinery and equipment shall include precision
7		farming equipment that is installed or purchased to be
8		installed on farm machinery and equipment including, but
9		not limited to, tractors, harvesters, sprayers, planters,
10		seeders, or spreaders. Precision farming equipment
11		includes, but is not limited to, soil testing sensors,
12		computers, monitors, software, global positioning and
13		mapping systems, and other such equipment.
14		Farm machinery and equipment also includes computers,
15		sensors, software, and related equipment used primarily in
16		the computer-assisted operation of production agriculture
17		facilities, equipment, and activities such as, but not
18		limited to, the collection, monitoring, and correlation of
19		animal and crop data for the purpose of formulating animal
20		diets and agricultural chemicals.
21		Beginning on January 1, 2024, farm machinery and
22		equipment also includes electrical power generation
23		equipment used primarily for production agriculture.
24		This item (2) is exempt from the provisions of Section
25		2-70.
26		(3) Until July 1, 2003, distillation machinery and

HB4844 Engrossed - 610 - LRB103 39009 AMC 69146 b
1		equipment, sold as a unit or kit, assembled or installed
2		by the retailer, certified by the user to be used only for
3		the production of ethyl alcohol that will be used for
4		consumption as motor fuel or as a component of motor fuel
5		for the personal use of the user, and not subject to sale
6		or resale.
7		(4) Until July 1, 2003 and beginning again September
8		1, 2004 through August 30, 2014, graphic arts machinery
9		and equipment, including repair and replacement parts,
10		both new and used, and including that manufactured on
11		special order or purchased for lease, certified by the
12		purchaser to be used primarily for graphic arts
13		production. Equipment includes chemicals or chemicals
14		acting as catalysts but only if the chemicals or chemicals
15		acting as catalysts effect a direct and immediate change
16		upon a graphic arts product. Beginning on July 1, 2017,
17		graphic arts machinery and equipment is included in the
18		manufacturing and assembling machinery and equipment
19		exemption under paragraph (14).
20		(5) A motor vehicle that is used for automobile
21		renting, as defined in the Automobile Renting Occupation
22		and Use Tax Act. This paragraph is exempt from the
23		provisions of Section 2-70.
24		(6) Personal property sold by a teacher-sponsored
25		student organization affiliated with an elementary or
26		secondary school located in Illinois.

HB4844 Engrossed - 611 - LRB103 39009 AMC 69146 b
1		(7) Until July 1, 2003, proceeds of that portion of
2		the selling price of a passenger car the sale of which is
3		subject to the Replacement Vehicle Tax.
4		(8) Personal property sold to an Illinois county fair
5		association for use in conducting, operating, or promoting
6		the county fair.
7		(9) Personal property sold to a not-for-profit arts or
8		cultural organization that establishes, by proof required
9		by the Department by rule, that it has received an
10		exemption under Section 501(c)(3) of the Internal Revenue
11		Code and that is organized and operated primarily for the
12		presentation or support of arts or cultural programming,
13		activities, or services. These organizations include, but
14		are not limited to, music and dramatic arts organizations
15		such as symphony orchestras and theatrical groups, arts
16		and cultural service organizations, local arts councils,
17		visual arts organizations, and media arts organizations.
18		On and after July 1, 2001 (the effective date of Public Act
19		92-35), however, an entity otherwise eligible for this
20		exemption shall not make tax-free purchases unless it has
21		an active identification number issued by the Department.
22		(10) Personal property sold by a corporation, society,
23		association, foundation, institution, or organization,
24		other than a limited liability company, that is organized
25		and operated as a not-for-profit service enterprise for
26		the benefit of persons 65 years of age or older if the

HB4844 Engrossed - 612 - LRB103 39009 AMC 69146 b
1		personal property was not purchased by the enterprise for
2		the purpose of resale by the enterprise.
3		(11) Except as otherwise provided in this Section,
4		personal property sold to a governmental body, to a
5		corporation, society, association, foundation, or
6		institution organized and operated exclusively for
7		charitable, religious, or educational purposes, or to a
8		not-for-profit corporation, society, association,
9		foundation, institution, or organization that has no
10		compensated officers or employees and that is organized
11		and operated primarily for the recreation of persons 55
12		years of age or older. A limited liability company may
13		qualify for the exemption under this paragraph only if the
14		limited liability company is organized and operated
15		exclusively for educational purposes. On and after July 1,
16		1987, however, no entity otherwise eligible for this
17		exemption shall make tax-free purchases unless it has an
18		active identification number issued by the Department.
19		(12) (Blank).
20		(12-5) On and after July 1, 2003 and through June 30,
21		2004, motor vehicles of the second division with a gross
22		vehicle weight in excess of 8,000 pounds that are subject
23		to the commercial distribution fee imposed under Section
24		3-815.1 of the Illinois Vehicle Code. Beginning on July 1,
25		2004 and through June 30, 2005, the use in this State of
26		motor vehicles of the second division: (i) with a gross

HB4844 Engrossed - 613 - LRB103 39009 AMC 69146 b
1		vehicle weight rating in excess of 8,000 pounds; (ii) that
2		are subject to the commercial distribution fee imposed
3		under Section 3-815.1 of the Illinois Vehicle Code; and
4		(iii) that are primarily used for commercial purposes.
5		Through June 30, 2005, this exemption applies to repair
6		and replacement parts added after the initial purchase of
7		such a motor vehicle if that motor vehicle is used in a
8		manner that would qualify for the rolling stock exemption
9		otherwise provided for in this Act. For purposes of this
10		paragraph, "used for commercial purposes" means the
11		transportation of persons or property in furtherance of
12		any commercial or industrial enterprise whether for-hire
13		or not.
14		(13) Proceeds from sales to owners, lessors, or
15		shippers of tangible personal property that is utilized by
16		interstate carriers for hire for use as rolling stock
17		moving in interstate commerce and equipment operated by a
18		telecommunications provider, licensed as a common carrier
19		by the Federal Communications Commission, which is
20		permanently installed in or affixed to aircraft moving in
21		interstate commerce.
22		(14) Machinery and equipment that will be used by the
23		purchaser, or a lessee of the purchaser, primarily in the
24		process of manufacturing or assembling tangible personal
25		property for wholesale or retail sale or lease, whether
26		the sale or lease is made directly by the manufacturer or

HB4844 Engrossed - 614 - LRB103 39009 AMC 69146 b
1		by some other person, whether the materials used in the
2		process are owned by the manufacturer or some other
3		person, or whether the sale or lease is made apart from or
4		as an incident to the seller's engaging in the service
5		occupation of producing machines, tools, dies, jigs,
6		patterns, gauges, or other similar items of no commercial
7		value on special order for a particular purchaser. The
8		exemption provided by this paragraph (14) does not include
9		machinery and equipment used in (i) the generation of
10		electricity for wholesale or retail sale; (ii) the
11		generation or treatment of natural or artificial gas for
12		wholesale or retail sale that is delivered to customers
13		through pipes, pipelines, or mains; or (iii) the treatment
14		of water for wholesale or retail sale that is delivered to
15		customers through pipes, pipelines, or mains. The
16		provisions of Public Act 98-583 are declaratory of
17		existing law as to the meaning and scope of this
18		exemption. Beginning on July 1, 2017, the exemption
19		provided by this paragraph (14) includes, but is not
20		limited to, graphic arts machinery and equipment, as
21		defined in paragraph (4) of this Section.
22		(15) Proceeds of mandatory service charges separately
23		stated on customers' bills for purchase and consumption of
24		food and beverages, to the extent that the proceeds of the
25		service charge are in fact turned over as tips or as a
26		substitute for tips to the employees who participate

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1		directly in preparing, serving, hosting or cleaning up the
2		food or beverage function with respect to which the
3		service charge is imposed.
4		(16) Tangible personal property sold to a purchaser if
5		the purchaser is exempt from use tax by operation of
6		federal law. This paragraph is exempt from the provisions
7		of Section 2-70.
8		(17) Tangible personal property sold to a common
9		carrier by rail or motor that receives the physical
10		possession of the property in Illinois and that transports
11		the property, or shares with another common carrier in the
12		transportation of the property, out of Illinois on a
13		standard uniform bill of lading showing the seller of the
14		property as the shipper or consignor of the property to a
15		destination outside Illinois, for use outside Illinois.
16		(18) Legal tender, currency, medallions, or gold or
17		silver coinage issued by the State of Illinois, the
18		government of the United States of America, or the
19		government of any foreign country, and bullion.
20		(19) Until July 1, 2003, oil field exploration,
21		drilling, and production equipment, including (i) rigs and
22		parts of rigs, rotary rigs, cable tool rigs, and workover
23		rigs, (ii) pipe and tubular goods, including casing and
24		drill strings, (iii) pumps and pump-jack units, (iv)
25		storage tanks and flow lines, (v) any individual
26		replacement part for oil field exploration, drilling, and

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1		production equipment, and (vi) machinery and equipment
2		purchased for lease; but excluding motor vehicles required
3		to be registered under the Illinois Vehicle Code.
4		(20) Photoprocessing machinery and equipment,
5		including repair and replacement parts, both new and used,
6		including that manufactured on special order, certified by
7		the purchaser to be used primarily for photoprocessing,
8		and including photoprocessing machinery and equipment
9		purchased for lease.
10		(21) Until July 1, 2028, coal and aggregate
11		exploration, mining, off-highway hauling, processing,
12		maintenance, and reclamation equipment, including
13		replacement parts and equipment, and including equipment
14		purchased for lease, but excluding motor vehicles required
15		to be registered under the Illinois Vehicle Code. The
16		changes made to this Section by Public Act 97-767 apply on
17		and after July 1, 2003, but no claim for credit or refund
18		is allowed on or after August 16, 2013 (the effective date
19		of Public Act 98-456) for such taxes paid during the
20		period beginning July 1, 2003 and ending on August 16,
21		2013 (the effective date of Public Act 98-456).
22		(22) Until June 30, 2013, fuel and petroleum products
23		sold to or used by an air carrier, certified by the carrier
24		to be used for consumption, shipment, or storage in the
25		conduct of its business as an air common carrier, for a
26		flight destined for or returning from a location or

HB4844 Engrossed - 617 - LRB103 39009 AMC 69146 b
1		locations outside the United States without regard to
2		previous or subsequent domestic stopovers.
3		Beginning July 1, 2013, fuel and petroleum products
4		sold to or used by an air carrier, certified by the carrier
5		to be used for consumption, shipment, or storage in the
6		conduct of its business as an air common carrier, for a
7		flight that (i) is engaged in foreign trade or is engaged
8		in trade between the United States and any of its
9		possessions and (ii) transports at least one individual or
10		package for hire from the city of origination to the city
11		of final destination on the same aircraft, without regard
12		to a change in the flight number of that aircraft.
13		(23) A transaction in which the purchase order is
14		received by a florist who is located outside Illinois, but
15		who has a florist located in Illinois deliver the property
16		to the purchaser or the purchaser's donee in Illinois.
17		(24) Fuel consumed or used in the operation of ships,
18		barges, or vessels that are used primarily in or for the
19		transportation of property or the conveyance of persons
20		for hire on rivers bordering on this State if the fuel is
21		delivered by the seller to the purchaser's barge, ship, or
22		vessel while it is afloat upon that bordering river.
23		(25) Except as provided in item (25-5) of this
24		Section, a motor vehicle sold in this State to a
25		nonresident even though the motor vehicle is delivered to
26		the nonresident in this State, if the motor vehicle is not

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1		to be titled in this State, and if a drive-away permit is
2		issued to the motor vehicle as provided in Section 3-603
3		of the Illinois Vehicle Code or if the nonresident
4		purchaser has vehicle registration plates to transfer to
5		the motor vehicle upon returning to his or her home state.
6		The issuance of the drive-away permit or having the
7		out-of-state registration plates to be transferred is
8		prima facie evidence that the motor vehicle will not be
9		titled in this State.
10		(25-5) The exemption under item (25) does not apply if
11		the state in which the motor vehicle will be titled does
12		not allow a reciprocal exemption for a motor vehicle sold
13		and delivered in that state to an Illinois resident but
14		titled in Illinois. The tax collected under this Act on
15		the sale of a motor vehicle in this State to a resident of
16		another state that does not allow a reciprocal exemption
17		shall be imposed at a rate equal to the state's rate of tax
18		on taxable property in the state in which the purchaser is
19		a resident, except that the tax shall not exceed the tax
20		that would otherwise be imposed under this Act. At the
21		time of the sale, the purchaser shall execute a statement,
22		signed under penalty of perjury, of his or her intent to
23		title the vehicle in the state in which the purchaser is a
24		resident within 30 days after the sale and of the fact of
25		the payment to the State of Illinois of tax in an amount
26		equivalent to the state's rate of tax on taxable property

HB4844 Engrossed - 619 - LRB103 39009 AMC 69146 b
1		in his or her state of residence and shall submit the
2		statement to the appropriate tax collection agency in his
3		or her state of residence. In addition, the retailer must
4		retain a signed copy of the statement in his or her
5		records. Nothing in this item shall be construed to
6		require the removal of the vehicle from this state
7		following the filing of an intent to title the vehicle in
8		the purchaser's state of residence if the purchaser titles
9		the vehicle in his or her state of residence within 30 days
10		after the date of sale. The tax collected under this Act in
11		accordance with this item (25-5) shall be proportionately
12		distributed as if the tax were collected at the 6.25%
13		general rate imposed under this Act.
14		(25-7) Beginning on July 1, 2007, no tax is imposed
15		under this Act on the sale of an aircraft, as defined in
16		Section 3 of the Illinois Aeronautics Act, if all of the
17		following conditions are met:
18		(1) the aircraft leaves this State within 15 days
19		after the later of either the issuance of the final
20		billing for the sale of the aircraft, or the
21		authorized approval for return to service, completion
22		of the maintenance record entry, and completion of the
23		test flight and ground test for inspection, as
24		required by 14 CFR 91.407;
25		(2) the aircraft is not based or registered in
26		this State after the sale of the aircraft; and

HB4844 Engrossed - 620 - LRB103 39009 AMC 69146 b
1		(3) the seller retains in his or her books and
2		records and provides to the Department a signed and
3		dated certification from the purchaser, on a form
4		prescribed by the Department, certifying that the
5		requirements of this item (25-7) are met. The
6		certificate must also include the name and address of
7		the purchaser, the address of the location where the
8		aircraft is to be titled or registered, the address of
9		the primary physical location of the aircraft, and
10		other information that the Department may reasonably
11		require.
12		For purposes of this item (25-7):
13		"Based in this State" means hangared, stored, or
14		otherwise used, excluding post-sale customizations as
15		defined in this Section, for 10 or more days in each
16		12-month period immediately following the date of the sale
17		of the aircraft.
18		"Registered in this State" means an aircraft
19		registered with the Department of Transportation,
20		Aeronautics Division, or titled or registered with the
21		Federal Aviation Administration to an address located in
22		this State.
23		This paragraph (25-7) is exempt from the provisions of
24		Section 2-70.
25		(26) Semen used for artificial insemination of
26		livestock for direct agricultural production.

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1		(27) Horses, or interests in horses, registered with
2		and meeting the requirements of any of the Arabian Horse
3		Club Registry of America, Appaloosa Horse Club, American
4		Quarter Horse Association, United States Trotting
5		Association, or Jockey Club, as appropriate, used for
6		purposes of breeding or racing for prizes. This item (27)
7		is exempt from the provisions of Section 2-70, and the
8		exemption provided for under this item (27) applies for
9		all periods beginning May 30, 1995, but no claim for
10		credit or refund is allowed on or after January 1, 2008
11		(the effective date of Public Act 95-88) for such taxes
12		paid during the period beginning May 30, 2000 and ending
13		on January 1, 2008 (the effective date of Public Act
14		95-88).
15		(28) Computers and communications equipment utilized
16		for any hospital purpose and equipment used in the
17		diagnosis, analysis, or treatment of hospital patients
18		sold to a lessor who leases the equipment, under a lease of
19		one year or longer executed or in effect at the time of the
20		purchase, to a hospital that has been issued an active tax
21		exemption identification number by the Department under
22		Section 1g of this Act.
23		(29) Personal property sold to a lessor who leases the
24		property, under a lease of one year or longer executed or
25		in effect at the time of the purchase, to a governmental
26		body that has been issued an active tax exemption

HB4844 Engrossed - 622 - LRB103 39009 AMC 69146 b
1		identification number by the Department under Section 1g
2		of this Act.
3		(30) Beginning with taxable years ending on or after
4		December 31, 1995 and ending with taxable years ending on
5		or before December 31, 2004, personal property that is
6		donated for disaster relief to be used in a State or
7		federally declared disaster area in Illinois or bordering
8		Illinois by a manufacturer or retailer that is registered
9		in this State to a corporation, society, association,
10		foundation, or institution that has been issued a sales
11		tax exemption identification number by the Department that
12		assists victims of the disaster who reside within the
13		declared disaster area.
14		(31) Beginning with taxable years ending on or after
15		December 31, 1995 and ending with taxable years ending on
16		or before December 31, 2004, personal property that is
17		used in the performance of infrastructure repairs in this
18		State, including, but not limited to, municipal roads and
19		streets, access roads, bridges, sidewalks, waste disposal
20		systems, water and sewer line extensions, water
21		distribution and purification facilities, storm water
22		drainage and retention facilities, and sewage treatment
23		facilities, resulting from a State or federally declared
24		disaster in Illinois or bordering Illinois when such
25		repairs are initiated on facilities located in the
26		declared disaster area within 6 months after the disaster.

HB4844 Engrossed - 623 - LRB103 39009 AMC 69146 b
1		(32) Beginning July 1, 1999, game or game birds sold
2		at a "game breeding and hunting preserve area" as that
3		term is used in the Wildlife Code. This paragraph is
4		exempt from the provisions of Section 2-70.
5		(33) A motor vehicle, as that term is defined in
6		Section 1-146 of the Illinois Vehicle Code, that is
7		donated to a corporation, limited liability company,
8		society, association, foundation, or institution that is
9		determined by the Department to be organized and operated
10		exclusively for educational purposes. For purposes of this
11		exemption, "a corporation, limited liability company,
12		society, association, foundation, or institution organized
13		and operated exclusively for educational purposes" means
14		all tax-supported public schools, private schools that
15		offer systematic instruction in useful branches of
16		learning by methods common to public schools and that
17		compare favorably in their scope and intensity with the
18		course of study presented in tax-supported schools, and
19		vocational or technical schools or institutes organized
20		and operated exclusively to provide a course of study of
21		not less than 6 weeks duration and designed to prepare
22		individuals to follow a trade or to pursue a manual,
23		technical, mechanical, industrial, business, or commercial
24		occupation.
25		(34) Beginning January 1, 2000, personal property,
26		including food, purchased through fundraising events for

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1		the benefit of a public or private elementary or secondary
2		school, a group of those schools, or one or more school
3		districts if the events are sponsored by an entity
4		recognized by the school district that consists primarily
5		of volunteers and includes parents and teachers of the
6		school children. This paragraph does not apply to
7		fundraising events (i) for the benefit of private home
8		instruction or (ii) for which the fundraising entity
9		purchases the personal property sold at the events from
10		another individual or entity that sold the property for
11		the purpose of resale by the fundraising entity and that
12		profits from the sale to the fundraising entity. This
13		paragraph is exempt from the provisions of Section 2-70.
14		(35) Beginning January 1, 2000 and through December
15		31, 2001, new or used automatic vending machines that
16		prepare and serve hot food and beverages, including
17		coffee, soup, and other items, and replacement parts for
18		these machines. Beginning January 1, 2002 and through June
19		30, 2003, machines and parts for machines used in
20		commercial, coin-operated amusement and vending business
21		if a use or occupation tax is paid on the gross receipts
22		derived from the use of the commercial, coin-operated
23		amusement and vending machines. This paragraph is exempt
24		from the provisions of Section 2-70.
25		(35-5) Beginning August 23, 2001 and through June 30,
26		2016, food for human consumption that is to be consumed

HB4844 Engrossed - 625 - LRB103 39009 AMC 69146 b
1		off the premises where it is sold (other than alcoholic
2		beverages, soft drinks, and food that has been prepared
3		for immediate consumption) and prescription and
4		nonprescription medicines, drugs, medical appliances, and
5		insulin, urine testing materials, syringes, and needles
6		used by diabetics, for human use, when purchased for use
7		by a person receiving medical assistance under Article V
8		of the Illinois Public Aid Code who resides in a licensed
9		long-term care facility, as defined in the Nursing Home
10		Care Act, or a licensed facility as defined in the ID/DD
11		Community Care Act, the MC/DD Act, or the Specialized
12		Mental Health Rehabilitation Act of 2013.
13		(36) Beginning August 2, 2001, computers and
14		communications equipment utilized for any hospital purpose
15		and equipment used in the diagnosis, analysis, or
16		treatment of hospital patients sold to a lessor who leases
17		the equipment, under a lease of one year or longer
18		executed or in effect at the time of the purchase, to a
19		hospital that has been issued an active tax exemption
20		identification number by the Department under Section 1g
21		of this Act. This paragraph is exempt from the provisions
22		of Section 2-70.
23		(37) Beginning August 2, 2001, personal property sold
24		to a lessor who leases the property, under a lease of one
25		year or longer executed or in effect at the time of the
26		purchase, to a governmental body that has been issued an

HB4844 Engrossed - 626 - LRB103 39009 AMC 69146 b
1		active tax exemption identification number by the
2		Department under Section 1g of this Act. This paragraph is
3		exempt from the provisions of Section 2-70.
4		(38) Beginning on January 1, 2002 and through June 30,
5		2016, tangible personal property purchased from an
6		Illinois retailer by a taxpayer engaged in centralized
7		purchasing activities in Illinois who will, upon receipt
8		of the property in Illinois, temporarily store the
9		property in Illinois (i) for the purpose of subsequently
10		transporting it outside this State for use or consumption
11		thereafter solely outside this State or (ii) for the
12		purpose of being processed, fabricated, or manufactured
13		into, attached to, or incorporated into other tangible
14		personal property to be transported outside this State and
15		thereafter used or consumed solely outside this State. The
16		Director of Revenue shall, pursuant to rules adopted in
17		accordance with the Illinois Administrative Procedure Act,
18		issue a permit to any taxpayer in good standing with the
19		Department who is eligible for the exemption under this
20		paragraph (38). The permit issued under this paragraph
21		(38) shall authorize the holder, to the extent and in the
22		manner specified in the rules adopted under this Act, to
23		purchase tangible personal property from a retailer exempt
24		from the taxes imposed by this Act. Taxpayers shall
25		maintain all necessary books and records to substantiate
26		the use and consumption of all such tangible personal

HB4844 Engrossed - 627 - LRB103 39009 AMC 69146 b
1		property outside of the State of Illinois.
2		(39) Beginning January 1, 2008, tangible personal
3		property used in the construction or maintenance of a
4		community water supply, as defined under Section 3.145 of
5		the Environmental Protection Act, that is operated by a
6		not-for-profit corporation that holds a valid water supply
7		permit issued under Title IV of the Environmental
8		Protection Act. This paragraph is exempt from the
9		provisions of Section 2-70.
10		(40) Beginning January 1, 2010 and continuing through
11		December 31, 2029, materials, parts, equipment,
12		components, and furnishings incorporated into or upon an
13		aircraft as part of the modification, refurbishment,
14		completion, replacement, repair, or maintenance of the
15		aircraft. This exemption includes consumable supplies used
16		in the modification, refurbishment, completion,
17		replacement, repair, and maintenance of aircraft. However,
18		until January 1, 2024, this exemption excludes any
19		materials, parts, equipment, components, and consumable
20		supplies used in the modification, replacement, repair,
21		and maintenance of aircraft engines or power plants,
22		whether such engines or power plants are installed or
23		uninstalled upon any such aircraft. "Consumable supplies"
24		include, but are not limited to, adhesive, tape,
25		sandpaper, general purpose lubricants, cleaning solution,
26		latex gloves, and protective films.

HB4844 Engrossed - 628 - LRB103 39009 AMC 69146 b
1		Beginning January 1, 2010 and continuing through
2		December 31, 2023, this exemption applies only to the sale
3		of qualifying tangible personal property to persons who
4		modify, refurbish, complete, replace, or maintain an
5		aircraft and who (i) hold an Air Agency Certificate and
6		are empowered to operate an approved repair station by the
7		Federal Aviation Administration, (ii) have a Class IV
8		Rating, and (iii) conduct operations in accordance with
9		Part 145 of the Federal Aviation Regulations. The
10		exemption does not include aircraft operated by a
11		commercial air carrier providing scheduled passenger air
12		service pursuant to authority issued under Part 121 or
13		Part 129 of the Federal Aviation Regulations. From January
14		1, 2024 through December 31, 2029, this exemption applies
15		only to the use of qualifying tangible personal property
16		by: (A) persons who modify, refurbish, complete, repair,
17		replace, or maintain aircraft and who (i) hold an Air
18		Agency Certificate and are empowered to operate an
19		approved repair station by the Federal Aviation
20		Administration, (ii) have a Class IV Rating, and (iii)
21		conduct operations in accordance with Part 145 of the
22		Federal Aviation Regulations; and (B) persons who engage
23		in the modification, replacement, repair, and maintenance
24		of aircraft engines or power plants without regard to
25		whether or not those persons meet the qualifications of
26		item (A).

HB4844 Engrossed - 629 - LRB103 39009 AMC 69146 b
1		The changes made to this paragraph (40) by Public Act
2		98-534 are declarative of existing law. It is the intent
3		of the General Assembly that the exemption under this
4		paragraph (40) applies continuously from January 1, 2010
5		through December 31, 2024; however, no claim for credit or
6		refund is allowed for taxes paid as a result of the
7		disallowance of this exemption on or after January 1, 2015
8		and prior to February 5, 2020 (the effective date of
9		Public Act 101-629).
10		(41) Tangible personal property sold to a
11		public-facilities corporation, as described in Section
12		11-65-10 of the Illinois Municipal Code, for purposes of
13		constructing or furnishing a municipal convention hall,
14		but only if the legal title to the municipal convention
15		hall is transferred to the municipality without any
16		further consideration by or on behalf of the municipality
17		at the time of the completion of the municipal convention
18		hall or upon the retirement or redemption of any bonds or
19		other debt instruments issued by the public-facilities
20		corporation in connection with the development of the
21		municipal convention hall. This exemption includes
22		existing public-facilities corporations as provided in
23		Section 11-65-25 of the Illinois Municipal Code. This
24		paragraph is exempt from the provisions of Section 2-70.
25		(42) Beginning January 1, 2017 and through December
26		31, 2026, menstrual pads, tampons, and menstrual cups.

HB4844 Engrossed - 630 - LRB103 39009 AMC 69146 b
1		(43) Merchandise that is subject to the Rental
2		Purchase Agreement Occupation and Use Tax. The purchaser
3		must certify that the item is purchased to be rented
4		subject to a rental-purchase rental purchase agreement, as
5		defined in the Rental-Purchase Rental Purchase Agreement
6		Act, and provide proof of registration under the Rental
7		Purchase Agreement Occupation and Use Tax Act. This
8		paragraph is exempt from the provisions of Section 2-70.
9		(44) Qualified tangible personal property used in the
10		construction or operation of a data center that has been
11		granted a certificate of exemption by the Department of
12		Commerce and Economic Opportunity, whether that tangible
13		personal property is purchased by the owner, operator, or
14		tenant of the data center or by a contractor or
15		subcontractor of the owner, operator, or tenant. Data
16		centers that would have qualified for a certificate of
17		exemption prior to January 1, 2020 had Public Act 101-31
18		been in effect, may apply for and obtain an exemption for
19		subsequent purchases of computer equipment or enabling
20		software purchased or leased to upgrade, supplement, or
21		replace computer equipment or enabling software purchased
22		or leased in the original investment that would have
23		qualified.
24		The Department of Commerce and Economic Opportunity
25		shall grant a certificate of exemption under this item
26		(44) to qualified data centers as defined by Section

HB4844 Engrossed - 631 - LRB103 39009 AMC 69146 b
1		605-1025 of the Department of Commerce and Economic
2		Opportunity Law of the Civil Administrative Code of
3		Illinois.
4		For the purposes of this item (44):
5		"Data center" means a building or a series of
6		buildings rehabilitated or constructed to house
7		working servers in one physical location or multiple
8		sites within the State of Illinois.
9		"Qualified tangible personal property" means:
10		electrical systems and equipment; climate control and
11		chilling equipment and systems; mechanical systems and
12		equipment; monitoring and secure systems; emergency
13		generators; hardware; computers; servers; data storage
14		devices; network connectivity equipment; racks;
15		cabinets; telecommunications cabling infrastructure;
16		raised floor systems; peripheral components or
17		systems; software; mechanical, electrical, or plumbing
18		systems; battery systems; cooling systems and towers;
19		temperature control systems; other cabling; and other
20		data center infrastructure equipment and systems
21		necessary to operate qualified tangible personal
22		property, including fixtures; and component parts of
23		any of the foregoing, including installation,
24		maintenance, repair, refurbishment, and replacement of
25		qualified tangible personal property to generate,
26		transform, transmit, distribute, or manage electricity

HB4844 Engrossed - 632 - LRB103 39009 AMC 69146 b
1		necessary to operate qualified tangible personal
2		property; and all other tangible personal property
3		that is essential to the operations of a computer data
4		center. The term "qualified tangible personal
5		property" also includes building materials physically
6		incorporated into the qualifying data center. To
7		document the exemption allowed under this Section, the
8		retailer must obtain from the purchaser a copy of the
9		certificate of eligibility issued by the Department of
10		Commerce and Economic Opportunity.
11		This item (44) is exempt from the provisions of
12		Section 2-70.
13		(45) Beginning January 1, 2020 and through December
14		31, 2020, sales of tangible personal property made by a
15		marketplace seller over a marketplace for which tax is due
16		under this Act but for which use tax has been collected and
17		remitted to the Department by a marketplace facilitator
18		under Section 2d of the Use Tax Act are exempt from tax
19		under this Act. A marketplace seller claiming this
20		exemption shall maintain books and records demonstrating
21		that the use tax on such sales has been collected and
22		remitted by a marketplace facilitator. Marketplace sellers
23		that have properly remitted tax under this Act on such
24		sales may file a claim for credit as provided in Section 6
25		of this Act. No claim is allowed, however, for such taxes
26		for which a credit or refund has been issued to the

HB4844 Engrossed - 633 - LRB103 39009 AMC 69146 b
1		marketplace facilitator under the Use Tax Act, or for
2		which the marketplace facilitator has filed a claim for
3		credit or refund under the Use Tax Act.
4		(46) Beginning July 1, 2022, breast pumps, breast pump
5		collection and storage supplies, and breast pump kits.
6		This item (46) is exempt from the provisions of Section
7		2-70. As used in this item (46):
8		"Breast pump" means an electrically controlled or
9		manually controlled pump device designed or marketed to be
10		used to express milk from a human breast during lactation,
11		including the pump device and any battery, AC adapter, or
12		other power supply unit that is used to power the pump
13		device and is packaged and sold with the pump device at the
14		time of sale.
15		"Breast pump collection and storage supplies" means
16		items of tangible personal property designed or marketed
17		to be used in conjunction with a breast pump to collect
18		milk expressed from a human breast and to store collected
19		milk until it is ready for consumption.
20		"Breast pump collection and storage supplies"
21		includes, but is not limited to: breast shields and breast
22		shield connectors; breast pump tubes and tubing adapters;
23		breast pump valves and membranes; backflow protectors and
24		backflow protector adaptors; bottles and bottle caps
25		specific to the operation of the breast pump; and breast
26		milk storage bags.

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1		"Breast pump collection and storage supplies" does not
2		include: (1) bottles and bottle caps not specific to the
3		operation of the breast pump; (2) breast pump travel bags
4		and other similar carrying accessories, including ice
5		packs, labels, and other similar products; (3) breast pump
6		cleaning supplies; (4) nursing bras, bra pads, breast
7		shells, and other similar products; and (5) creams,
8		ointments, and other similar products that relieve
9		breastfeeding-related symptoms or conditions of the
10		breasts or nipples, unless sold as part of a breast pump
11		kit that is pre-packaged by the breast pump manufacturer
12		or distributor.
13		"Breast pump kit" means a kit that: (1) contains no
14		more than a breast pump, breast pump collection and
15		storage supplies, a rechargeable battery for operating the
16		breast pump, a breastmilk cooler, bottle stands, ice
17		packs, and a breast pump carrying case; and (2) is
18		pre-packaged as a breast pump kit by the breast pump
19		manufacturer or distributor.
20		(47) Tangible personal property sold by or on behalf
21		of the State Treasurer pursuant to the Revised Uniform
22		Unclaimed Property Act. This item (47) is exempt from the
23		provisions of Section 2-70.
24		(48) Beginning on January 1, 2024, tangible personal
25		property purchased by an active duty member of the armed
26		forces of the United States who presents valid military

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1		identification and purchases the property using a form of
2		payment where the federal government is the payor. The
3		member of the armed forces must complete, at the point of
4		sale, a form prescribed by the Department of Revenue
5		documenting that the transaction is eligible for the
6		exemption under this paragraph. Retailers must keep the
7		form as documentation of the exemption in their records
8		for a period of not less than 6 years. "Armed forces of the
9		United States" means the United States Army, Navy, Air
10		Force, Marine Corps, or Coast Guard. This paragraph is
11		exempt from the provisions of Section 2-70.
12		(Source: P.A. 102-16, eff. 6-17-21; 102-634, eff. 8-27-21;
13		102-700, Article 70, Section 70-20, eff. 4-19-22; 102-700,
14		Article 75, Section 75-20, eff. 4-19-22; 102-813, eff.
15		5-13-22; 102-1026, eff. 5-27-22; 103-9, Article 5, Section
16		5-20, eff. 6-7-23; 103-9, Article 15, Section 15-20, eff.
17		6-7-23; 103-154, eff. 6-30-23; 103-384, eff. 1-1-24; revised
18		12-12-23.)
19		(35 ILCS 120/3) (from Ch. 120, par. 442)
20		Sec. 3. Except as provided in this Section, on or before
21		the twentieth day of each calendar month, every person engaged
22		in the business of selling tangible personal property at
23		retail in this State during the preceding calendar month shall
24		file a return with the Department, stating:
25		1. The name of the seller;

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1		2. His residence address and the address of his
2		principal place of business and the address of the
3		principal place of business (if that is a different
4		address) from which he engages in the business of selling
5		tangible personal property at retail in this State;
6		3. Total amount of receipts received by him during the
7		preceding calendar month or quarter, as the case may be,
8		from sales of tangible personal property, and from
9		services furnished, by him during such preceding calendar
10		month or quarter;
11		4. Total amount received by him during the preceding
12		calendar month or quarter on charge and time sales of
13		tangible personal property, and from services furnished,
14		by him prior to the month or quarter for which the return
15		is filed;
16		5. Deductions allowed by law;
17		6. Gross receipts which were received by him during
18		the preceding calendar month or quarter and upon the basis
19		of which the tax is imposed, including gross receipts on
20		food for human consumption that is to be consumed off the
21		premises where it is sold (other than alcoholic beverages,
22		food consisting of or infused with adult use cannabis,
23		soft drinks, and food that has been prepared for immediate
24		consumption) which were received during the preceding
25		calendar month or quarter and upon which tax would have
26		been due but for the 0% rate imposed under Public Act

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1		102-700;
2		7. The amount of credit provided in Section 2d of this
3		Act;
4		8. The amount of tax due, including the amount of tax
5		that would have been due on food for human consumption
6		that is to be consumed off the premises where it is sold
7		(other than alcoholic beverages, food consisting of or
8		infused with adult use cannabis, soft drinks, and food
9		that has been prepared for immediate consumption) but for
10		the 0% rate imposed under Public Act 102-700;
11		9. The signature of the taxpayer; and
12		10. Such other reasonable information as the
13		Department may require.
14		On and after January 1, 2018, except for returns required
15		to be filed prior to January 1, 2023 for motor vehicles,
16		watercraft, aircraft, and trailers that are required to be
17		registered with an agency of this State, with respect to
18		retailers whose annual gross receipts average $20,000 or more,
19		all returns required to be filed pursuant to this Act shall be
20		filed electronically. On and after January 1, 2023, with
21		respect to retailers whose annual gross receipts average
22		$20,000 or more, all returns required to be filed pursuant to
23		this Act, including, but not limited to, returns for motor
24		vehicles, watercraft, aircraft, and trailers that are required
25		to be registered with an agency of this State, shall be filed
26		electronically. Retailers who demonstrate that they do not

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1		have access to the Internet or demonstrate hardship in filing
2		electronically may petition the Department to waive the
3		electronic filing requirement.
4		If a taxpayer fails to sign a return within 30 days after
5		the proper notice and demand for signature by the Department,
6		the return shall be considered valid and any amount shown to be
7		due on the return shall be deemed assessed.
8		Each return shall be accompanied by the statement of
9		prepaid tax issued pursuant to Section 2e for which credit is
10		claimed.
11		Prior to October 1, 2003, and on and after September 1,
12		2004, a retailer may accept a Manufacturer's Purchase Credit
13		certification from a purchaser in satisfaction of Use Tax as
14		provided in Section 3-85 of the Use Tax Act if the purchaser
15		provides the appropriate documentation as required by Section
16		3-85 of the Use Tax Act. A Manufacturer's Purchase Credit
17		certification, accepted by a retailer prior to October 1, 2003
18		and on and after September 1, 2004 as provided in Section 3-85
19		of the Use Tax Act, may be used by that retailer to satisfy
20		Retailers' Occupation Tax liability in the amount claimed in
21		the certification, not to exceed 6.25% of the receipts subject
22		to tax from a qualifying purchase. A Manufacturer's Purchase
23		Credit reported on any original or amended return filed under
24		this Act after October 20, 2003 for reporting periods prior to
25		September 1, 2004 shall be disallowed. Manufacturer's Purchase
26		Credit reported on annual returns due on or after January 1,

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1		2005 will be disallowed for periods prior to September 1,
2		2004. No Manufacturer's Purchase Credit may be used after
3		September 30, 2003 through August 31, 2004 to satisfy any tax
4		liability imposed under this Act, including any audit
5		liability.
6		Beginning on July 1, 2023 and through December 31, 2032, a
7		retailer may accept a Sustainable Aviation Fuel Purchase
8		Credit certification from an air common carrier-purchaser in
9		satisfaction of Use Tax on aviation fuel as provided in
10		Section 3-87 of the Use Tax Act if the purchaser provides the
11		appropriate documentation as required by Section 3-87 of the
12		Use Tax Act. A Sustainable Aviation Fuel Purchase Credit
13		certification accepted by a retailer in accordance with this
14		paragraph may be used by that retailer to satisfy Retailers'
15		Occupation Tax liability (but not in satisfaction of penalty
16		or interest) in the amount claimed in the certification, not
17		to exceed 6.25% of the receipts subject to tax from a sale of
18		aviation fuel. In addition, for a sale of aviation fuel to
19		qualify to earn the Sustainable Aviation Fuel Purchase Credit,
20		retailers must retain in their books and records a
21		certification from the producer of the aviation fuel that the
22		aviation fuel sold by the retailer and for which a sustainable
23		aviation fuel purchase credit was earned meets the definition
24		of sustainable aviation fuel under Section 3-87 of the Use Tax
25		Act. The documentation must include detail sufficient for the
26		Department to determine the number of gallons of sustainable

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1		aviation fuel sold.
2		The Department may require returns to be filed on a
3		quarterly basis. If so required, a return for each calendar
4		quarter shall be filed on or before the twentieth day of the
5		calendar month following the end of such calendar quarter. The
6		taxpayer shall also file a return with the Department for each
7		of the first 2 two months of each calendar quarter, on or
8		before the twentieth day of the following calendar month,
9		stating:
10		1. The name of the seller;
11		2. The address of the principal place of business from
12		which he engages in the business of selling tangible
13		personal property at retail in this State;
14		3. The total amount of taxable receipts received by
15		him during the preceding calendar month from sales of
16		tangible personal property by him during such preceding
17		calendar month, including receipts from charge and time
18		sales, but less all deductions allowed by law;
19		4. The amount of credit provided in Section 2d of this
20		Act;
21		5. The amount of tax due; and
22		6. Such other reasonable information as the Department
23		may require.
24		Every person engaged in the business of selling aviation
25		fuel at retail in this State during the preceding calendar
26		month shall, instead of reporting and paying tax as otherwise

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1		required by this Section, report and pay such tax on a separate
2		aviation fuel tax return. The requirements related to the
3		return shall be as otherwise provided in this Section.
4		Notwithstanding any other provisions of this Act to the
5		contrary, retailers selling aviation fuel shall file all
6		aviation fuel tax returns and shall make all aviation fuel tax
7		payments by electronic means in the manner and form required
8		by the Department. For purposes of this Section, "aviation
9		fuel" means jet fuel and aviation gasoline.
10		Beginning on October 1, 2003, any person who is not a
11		licensed distributor, importing distributor, or manufacturer,
12		as defined in the Liquor Control Act of 1934, but is engaged in
13		the business of selling, at retail, alcoholic liquor shall
14		file a statement with the Department of Revenue, in a format
15		and at a time prescribed by the Department, showing the total
16		amount paid for alcoholic liquor purchased during the
17		preceding month and such other information as is reasonably
18		required by the Department. The Department may adopt rules to
19		require that this statement be filed in an electronic or
20		telephonic format. Such rules may provide for exceptions from
21		the filing requirements of this paragraph. For the purposes of
22		this paragraph, the term "alcoholic liquor" shall have the
23		meaning prescribed in the Liquor Control Act of 1934.
24		Beginning on October 1, 2003, every distributor, importing
25		distributor, and manufacturer of alcoholic liquor as defined
26		in the Liquor Control Act of 1934, shall file a statement with

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1		the Department of Revenue, no later than the 10th day of the
2		month for the preceding month during which transactions
3		occurred, by electronic means, showing the total amount of
4		gross receipts from the sale of alcoholic liquor sold or
5		distributed during the preceding month to purchasers;
6		identifying the purchaser to whom it was sold or distributed;
7		the purchaser's tax registration number; and such other
8		information reasonably required by the Department. A
9		distributor, importing distributor, or manufacturer of
10		alcoholic liquor must personally deliver, mail, or provide by
11		electronic means to each retailer listed on the monthly
12		statement a report containing a cumulative total of that
13		distributor's, importing distributor's, or manufacturer's
14		total sales of alcoholic liquor to that retailer no later than
15		the 10th day of the month for the preceding month during which
16		the transaction occurred. The distributor, importing
17		distributor, or manufacturer shall notify the retailer as to
18		the method by which the distributor, importing distributor, or
19		manufacturer will provide the sales information. If the
20		retailer is unable to receive the sales information by
21		electronic means, the distributor, importing distributor, or
22		manufacturer shall furnish the sales information by personal
23		delivery or by mail. For purposes of this paragraph, the term
24		"electronic means" includes, but is not limited to, the use of
25		a secure Internet website, e-mail, or facsimile.
26		If a total amount of less than $1 is payable, refundable or

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1		creditable, such amount shall be disregarded if it is less
2		than 50 cents and shall be increased to $1 if it is 50 cents or
3		more.
4		Notwithstanding any other provision of this Act to the
5		contrary, retailers subject to tax on cannabis shall file all
6		cannabis tax returns and shall make all cannabis tax payments
7		by electronic means in the manner and form required by the
8		Department.
9		Beginning October 1, 1993, a taxpayer who has an average
10		monthly tax liability of $150,000 or more shall make all
11		payments required by rules of the Department by electronic
12		funds transfer. Beginning October 1, 1994, a taxpayer who has
13		an average monthly tax liability of $100,000 or more shall
14		make all payments required by rules of the Department by
15		electronic funds transfer. Beginning October 1, 1995, a
16		taxpayer who has an average monthly tax liability of $50,000
17		or more shall make all payments required by rules of the
18		Department by electronic funds transfer. Beginning October 1,
19		2000, a taxpayer who has an annual tax liability of $200,000 or
20		more shall make all payments required by rules of the
21		Department by electronic funds transfer. The term "annual tax
22		liability" shall be the sum of the taxpayer's liabilities
23		under this Act, and under all other State and local occupation
24		and use tax laws administered by the Department, for the
25		immediately preceding calendar year. The term "average monthly
26		tax liability" shall be the sum of the taxpayer's liabilities

HB4844 Engrossed - 644 - LRB103 39009 AMC 69146 b
1		under this Act, and under all other State and local occupation
2		and use tax laws administered by the Department, for the
3		immediately preceding calendar year divided by 12. Beginning
4		on October 1, 2002, a taxpayer who has a tax liability in the
5		amount set forth in subsection (b) of Section 2505-210 of the
6		Department of Revenue Law shall make all payments required by
7		rules of the Department by electronic funds transfer.
8		Before August 1 of each year beginning in 1993, the
9		Department shall notify all taxpayers required to make
10		payments by electronic funds transfer. All taxpayers required
11		to make payments by electronic funds transfer shall make those
12		payments for a minimum of one year beginning on October 1.
13		Any taxpayer not required to make payments by electronic
14		funds transfer may make payments by electronic funds transfer
15		with the permission of the Department.
16		All taxpayers required to make payment by electronic funds
17		transfer and any taxpayers authorized to voluntarily make
18		payments by electronic funds transfer shall make those
19		payments in the manner authorized by the Department.
20		The Department shall adopt such rules as are necessary to
21		effectuate a program of electronic funds transfer and the
22		requirements of this Section.
23		Any amount which is required to be shown or reported on any
24		return or other document under this Act shall, if such amount
25		is not a whole-dollar amount, be increased to the nearest
26		whole-dollar amount in any case where the fractional part of a

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1		dollar is 50 cents or more, and decreased to the nearest
2		whole-dollar amount where the fractional part of a dollar is
3		less than 50 cents.
4		If the retailer is otherwise required to file a monthly
5		return and if the retailer's average monthly tax liability to
6		the Department does not exceed $200, the Department may
7		authorize his returns to be filed on a quarter annual basis,
8		with the return for January, February, and March of a given
9		year being due by April 20 of such year; with the return for
10		April, May, and June of a given year being due by July 20 of
11		such year; with the return for July, August, and September of a
12		given year being due by October 20 of such year, and with the
13		return for October, November, and December of a given year
14		being due by January 20 of the following year.
15		If the retailer is otherwise required to file a monthly or
16		quarterly return and if the retailer's average monthly tax
17		liability with the Department does not exceed $50, the
18		Department may authorize his returns to be filed on an annual
19		basis, with the return for a given year being due by January 20
20		of the following year.
21		Such quarter annual and annual returns, as to form and
22		substance, shall be subject to the same requirements as
23		monthly returns.
24		Notwithstanding any other provision in this Act concerning
25		the time within which a retailer may file his return, in the
26		case of any retailer who ceases to engage in a kind of business

HB4844 Engrossed - 646 - LRB103 39009 AMC 69146 b
1		which makes him responsible for filing returns under this Act,
2		such retailer shall file a final return under this Act with the
3		Department not more than one month after discontinuing such
4		business.
5		Where the same person has more than one business
6		registered with the Department under separate registrations
7		under this Act, such person may not file each return that is
8		due as a single return covering all such registered
9		businesses, but shall file separate returns for each such
10		registered business.
11		In addition, with respect to motor vehicles, watercraft,
12		aircraft, and trailers that are required to be registered with
13		an agency of this State, except as otherwise provided in this
14		Section, every retailer selling this kind of tangible personal
15		property shall file, with the Department, upon a form to be
16		prescribed and supplied by the Department, a separate return
17		for each such item of tangible personal property which the
18		retailer sells, except that if, in the same transaction, (i) a
19		retailer of aircraft, watercraft, motor vehicles, or trailers
20		transfers more than one aircraft, watercraft, motor vehicle,
21		or trailer to another aircraft, watercraft, motor vehicle
22		retailer, or trailer retailer for the purpose of resale or
23		(ii) a retailer of aircraft, watercraft, motor vehicles, or
24		trailers transfers more than one aircraft, watercraft, motor
25		vehicle, or trailer to a purchaser for use as a qualifying
26		rolling stock as provided in Section 2-5 of this Act, then that

HB4844 Engrossed - 647 - LRB103 39009 AMC 69146 b
1		seller may report the transfer of all aircraft, watercraft,
2		motor vehicles, or trailers involved in that transaction to
3		the Department on the same uniform invoice-transaction
4		reporting return form. For purposes of this Section,
5		"watercraft" means a Class 2, Class 3, or Class 4 watercraft as
6		defined in Section 3-2 of the Boat Registration and Safety
7		Act, a personal watercraft, or any boat equipped with an
8		inboard motor.
9		In addition, with respect to motor vehicles, watercraft,
10		aircraft, and trailers that are required to be registered with
11		an agency of this State, every person who is engaged in the
12		business of leasing or renting such items and who, in
13		connection with such business, sells any such item to a
14		retailer for the purpose of resale is, notwithstanding any
15		other provision of this Section to the contrary, authorized to
16		meet the return-filing requirement of this Act by reporting
17		the transfer of all the aircraft, watercraft, motor vehicles,
18		or trailers transferred for resale during a month to the
19		Department on the same uniform invoice-transaction reporting
20		return form on or before the 20th of the month following the
21		month in which the transfer takes place. Notwithstanding any
22		other provision of this Act to the contrary, all returns filed
23		under this paragraph must be filed by electronic means in the
24		manner and form as required by the Department.
25		Any retailer who sells only motor vehicles, watercraft,
26		aircraft, or trailers that are required to be registered with

HB4844 Engrossed - 648 - LRB103 39009 AMC 69146 b
1		an agency of this State, so that all retailers' occupation tax
2		liability is required to be reported, and is reported, on such
3		transaction reporting returns and who is not otherwise
4		required to file monthly or quarterly returns, need not file
5		monthly or quarterly returns. However, those retailers shall
6		be required to file returns on an annual basis.
7		The transaction reporting return, in the case of motor
8		vehicles or trailers that are required to be registered with
9		an agency of this State, shall be the same document as the
10		Uniform Invoice referred to in Section 5-402 of the Illinois
11		Vehicle Code and must show the name and address of the seller;
12		the name and address of the purchaser; the amount of the
13		selling price including the amount allowed by the retailer for
14		traded-in property, if any; the amount allowed by the retailer
15		for the traded-in tangible personal property, if any, to the
16		extent to which Section 1 of this Act allows an exemption for
17		the value of traded-in property; the balance payable after
18		deducting such trade-in allowance from the total selling
19		price; the amount of tax due from the retailer with respect to
20		such transaction; the amount of tax collected from the
21		purchaser by the retailer on such transaction (or satisfactory
22		evidence that such tax is not due in that particular instance,
23		if that is claimed to be the fact); the place and date of the
24		sale; a sufficient identification of the property sold; such
25		other information as is required in Section 5-402 of the
26		Illinois Vehicle Code, and such other information as the

HB4844 Engrossed - 649 - LRB103 39009 AMC 69146 b
1		Department may reasonably require.
2		The transaction reporting return in the case of watercraft
3		or aircraft must show the name and address of the seller; the
4		name and address of the purchaser; the amount of the selling
5		price including the amount allowed by the retailer for
6		traded-in property, if any; the amount allowed by the retailer
7		for the traded-in tangible personal property, if any, to the
8		extent to which Section 1 of this Act allows an exemption for
9		the value of traded-in property; the balance payable after
10		deducting such trade-in allowance from the total selling
11		price; the amount of tax due from the retailer with respect to
12		such transaction; the amount of tax collected from the
13		purchaser by the retailer on such transaction (or satisfactory
14		evidence that such tax is not due in that particular instance,
15		if that is claimed to be the fact); the place and date of the
16		sale, a sufficient identification of the property sold, and
17		such other information as the Department may reasonably
18		require.
19		Such transaction reporting return shall be filed not later
20		than 20 days after the day of delivery of the item that is
21		being sold, but may be filed by the retailer at any time sooner
22		than that if he chooses to do so. The transaction reporting
23		return and tax remittance or proof of exemption from the
24		Illinois use tax may be transmitted to the Department by way of
25		the State agency with which, or State officer with whom the
26		tangible personal property must be titled or registered (if

HB4844 Engrossed - 650 - LRB103 39009 AMC 69146 b
1		titling or registration is required) if the Department and
2		such agency or State officer determine that this procedure
3		will expedite the processing of applications for title or
4		registration.
5		With each such transaction reporting return, the retailer
6		shall remit the proper amount of tax due (or shall submit
7		satisfactory evidence that the sale is not taxable if that is
8		the case), to the Department or its agents, whereupon the
9		Department shall issue, in the purchaser's name, a use tax
10		receipt (or a certificate of exemption if the Department is
11		satisfied that the particular sale is tax exempt) which such
12		purchaser may submit to the agency with which, or State
13		officer with whom, he must title or register the tangible
14		personal property that is involved (if titling or registration
15		is required) in support of such purchaser's application for an
16		Illinois certificate or other evidence of title or
17		registration to such tangible personal property.
18		No retailer's failure or refusal to remit tax under this
19		Act precludes a user, who has paid the proper tax to the
20		retailer, from obtaining his certificate of title or other
21		evidence of title or registration (if titling or registration
22		is required) upon satisfying the Department that such user has
23		paid the proper tax (if tax is due) to the retailer. The
24		Department shall adopt appropriate rules to carry out the
25		mandate of this paragraph.
26		If the user who would otherwise pay tax to the retailer

HB4844 Engrossed - 651 - LRB103 39009 AMC 69146 b
1		wants the transaction reporting return filed and the payment
2		of the tax or proof of exemption made to the Department before
3		the retailer is willing to take these actions and such user has
4		not paid the tax to the retailer, such user may certify to the
5		fact of such delay by the retailer and may (upon the Department
6		being satisfied of the truth of such certification) transmit
7		the information required by the transaction reporting return
8		and the remittance for tax or proof of exemption directly to
9		the Department and obtain his tax receipt or exemption
10		determination, in which event the transaction reporting return
11		and tax remittance (if a tax payment was required) shall be
12		credited by the Department to the proper retailer's account
13		with the Department, but without the 2.1% or 1.75% discount
14		provided for in this Section being allowed. When the user pays
15		the tax directly to the Department, he shall pay the tax in the
16		same amount and in the same form in which it would be remitted
17		if the tax had been remitted to the Department by the retailer.
18		Refunds made by the seller during the preceding return
19		period to purchasers, on account of tangible personal property
20		returned to the seller, shall be allowed as a deduction under
21		subdivision 5 of his monthly or quarterly return, as the case
22		may be, in case the seller had theretofore included the
23		receipts from the sale of such tangible personal property in a
24		return filed by him and had paid the tax imposed by this Act
25		with respect to such receipts.
26		Where the seller is a corporation, the return filed on

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1		behalf of such corporation shall be signed by the president,
2		vice-president, secretary, or treasurer or by the properly
3		accredited agent of such corporation.
4		Where the seller is a limited liability company, the
5		return filed on behalf of the limited liability company shall
6		be signed by a manager, member, or properly accredited agent
7		of the limited liability company.
8		Except as provided in this Section, the retailer filing
9		the return under this Section shall, at the time of filing such
10		return, pay to the Department the amount of tax imposed by this
11		Act less a discount of 2.1% prior to January 1, 1990 and 1.75%
12		on and after January 1, 1990, or $5 per calendar year,
13		whichever is greater, which is allowed to reimburse the
14		retailer for the expenses incurred in keeping records,
15		preparing and filing returns, remitting the tax and supplying
16		data to the Department on request. On and after January 1,
17		2021, a certified service provider, as defined in the Leveling
18		the Playing Field for Illinois Retail Act, filing the return
19		under this Section on behalf of a remote retailer shall, at the
20		time of such return, pay to the Department the amount of tax
21		imposed by this Act less a discount of 1.75%. A remote retailer
22		using a certified service provider to file a return on its
23		behalf, as provided in the Leveling the Playing Field for
24		Illinois Retail Act, is not eligible for the discount. When
25		determining the discount allowed under this Section, retailers
26		shall include the amount of tax that would have been due at the

HB4844 Engrossed - 653 - LRB103 39009 AMC 69146 b
1		1% rate but for the 0% rate imposed under Public Act 102-700.
2		When determining the discount allowed under this Section,
3		retailers shall include the amount of tax that would have been
4		due at the 6.25% rate but for the 1.25% rate imposed on sales
5		tax holiday items under Public Act 102-700. The discount under
6		this Section is not allowed for the 1.25% portion of taxes paid
7		on aviation fuel that is subject to the revenue use
8		requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133. Any
9		prepayment made pursuant to Section 2d of this Act shall be
10		included in the amount on which such 2.1% or 1.75% discount is
11		computed. In the case of retailers who report and pay the tax
12		on a transaction by transaction basis, as provided in this
13		Section, such discount shall be taken with each such tax
14		remittance instead of when such retailer files his periodic
15		return. The discount allowed under this Section is allowed
16		only for returns that are filed in the manner required by this
17		Act. The Department may disallow the discount for retailers
18		whose certificate of registration is revoked at the time the
19		return is filed, but only if the Department's decision to
20		revoke the certificate of registration has become final.
21		Before October 1, 2000, if the taxpayer's average monthly
22		tax liability to the Department under this Act, the Use Tax
23		Act, the Service Occupation Tax Act, and the Service Use Tax
24		Act, excluding any liability for prepaid sales tax to be
25		remitted in accordance with Section 2d of this Act, was
26		$10,000 or more during the preceding 4 complete calendar

HB4844 Engrossed - 654 - LRB103 39009 AMC 69146 b
1		quarters, he shall file a return with the Department each
2		month by the 20th day of the month next following the month
3		during which such tax liability is incurred and shall make
4		payments to the Department on or before the 7th, 15th, 22nd and
5		last day of the month during which such liability is incurred.
6		On and after October 1, 2000, if the taxpayer's average
7		monthly tax liability to the Department under this Act, the
8		Use Tax Act, the Service Occupation Tax Act, and the Service
9		Use Tax Act, excluding any liability for prepaid sales tax to
10		be remitted in accordance with Section 2d of this Act, was
11		$20,000 or more during the preceding 4 complete calendar
12		quarters, he shall file a return with the Department each
13		month by the 20th day of the month next following the month
14		during which such tax liability is incurred and shall make
15		payment to the Department on or before the 7th, 15th, 22nd and
16		last day of the month during which such liability is incurred.
17		If the month during which such tax liability is incurred began
18		prior to January 1, 1985, each payment shall be in an amount
19		equal to 1/4 of the taxpayer's actual liability for the month
20		or an amount set by the Department not to exceed 1/4 of the
21		average monthly liability of the taxpayer to the Department
22		for the preceding 4 complete calendar quarters (excluding the
23		month of highest liability and the month of lowest liability
24		in such 4 quarter period). If the month during which such tax
25		liability is incurred begins on or after January 1, 1985 and
26		prior to January 1, 1987, each payment shall be in an amount

HB4844 Engrossed - 655 - LRB103 39009 AMC 69146 b
1		equal to 22.5% of the taxpayer's actual liability for the
2		month or 27.5% of the taxpayer's liability for the same
3		calendar month of the preceding year. If the month during
4		which such tax liability is incurred begins on or after
5		January 1, 1987 and prior to January 1, 1988, each payment
6		shall be in an amount equal to 22.5% of the taxpayer's actual
7		liability for the month or 26.25% of the taxpayer's liability
8		for the same calendar month of the preceding year. If the month
9		during which such tax liability is incurred begins on or after
10		January 1, 1988, and prior to January 1, 1989, or begins on or
11		after January 1, 1996, each payment shall be in an amount equal
12		to 22.5% of the taxpayer's actual liability for the month or
13		25% of the taxpayer's liability for the same calendar month of
14		the preceding year. If the month during which such tax
15		liability is incurred begins on or after January 1, 1989, and
16		prior to January 1, 1996, each payment shall be in an amount
17		equal to 22.5% of the taxpayer's actual liability for the
18		month or 25% of the taxpayer's liability for the same calendar
19		month of the preceding year or 100% of the taxpayer's actual
20		liability for the quarter monthly reporting period. The amount
21		of such quarter monthly payments shall be credited against the
22		final tax liability of the taxpayer's return for that month.
23		Before October 1, 2000, once applicable, the requirement of
24		the making of quarter monthly payments to the Department by
25		taxpayers having an average monthly tax liability of $10,000
26		or more as determined in the manner provided above shall

HB4844 Engrossed - 656 - LRB103 39009 AMC 69146 b
1		continue until such taxpayer's average monthly liability to
2		the Department during the preceding 4 complete calendar
3		quarters (excluding the month of highest liability and the
4		month of lowest liability) is less than $9,000, or until such
5		taxpayer's average monthly liability to the Department as
6		computed for each calendar quarter of the 4 preceding complete
7		calendar quarter period is less than $10,000. However, if a
8		taxpayer can show the Department that a substantial change in
9		the taxpayer's business has occurred which causes the taxpayer
10		to anticipate that his average monthly tax liability for the
11		reasonably foreseeable future will fall below the $10,000
12		threshold stated above, then such taxpayer may petition the
13		Department for a change in such taxpayer's reporting status.
14		On and after October 1, 2000, once applicable, the requirement
15		of the making of quarter monthly payments to the Department by
16		taxpayers having an average monthly tax liability of $20,000
17		or more as determined in the manner provided above shall
18		continue until such taxpayer's average monthly liability to
19		the Department during the preceding 4 complete calendar
20		quarters (excluding the month of highest liability and the
21		month of lowest liability) is less than $19,000 or until such
22		taxpayer's average monthly liability to the Department as
23		computed for each calendar quarter of the 4 preceding complete
24		calendar quarter period is less than $20,000. However, if a
25		taxpayer can show the Department that a substantial change in
26		the taxpayer's business has occurred which causes the taxpayer

HB4844 Engrossed - 657 - LRB103 39009 AMC 69146 b
1		to anticipate that his average monthly tax liability for the
2		reasonably foreseeable future will fall below the $20,000
3		threshold stated above, then such taxpayer may petition the
4		Department for a change in such taxpayer's reporting status.
5		The Department shall change such taxpayer's reporting status
6		unless it finds that such change is seasonal in nature and not
7		likely to be long term. Quarter monthly payment status shall
8		be determined under this paragraph as if the rate reduction to
9		0% in Public Act 102-700 on food for human consumption that is
10		to be consumed off the premises where it is sold (other than
11		alcoholic beverages, food consisting of or infused with adult
12		use cannabis, soft drinks, and food that has been prepared for
13		immediate consumption) had not occurred. For quarter monthly
14		payments due under this paragraph on or after July 1, 2023 and
15		through June 30, 2024, "25% of the taxpayer's liability for
16		the same calendar month of the preceding year" shall be
17		determined as if the rate reduction to 0% in Public Act 102-700
18		had not occurred. Quarter monthly payment status shall be
19		determined under this paragraph as if the rate reduction to
20		1.25% in Public Act 102-700 on sales tax holiday items had not
21		occurred. For quarter monthly payments due on or after July 1,
22		2023 and through June 30, 2024, "25% of the taxpayer's
23		liability for the same calendar month of the preceding year"
24		shall be determined as if the rate reduction to 1.25% in Public
25		Act 102-700 on sales tax holiday items had not occurred. If any
26		such quarter monthly payment is not paid at the time or in the

HB4844 Engrossed - 658 - LRB103 39009 AMC 69146 b
1		amount required by this Section, then the taxpayer shall be
2		liable for penalties and interest on the difference between
3		the minimum amount due as a payment and the amount of such
4		quarter monthly payment actually and timely paid, except
5		insofar as the taxpayer has previously made payments for that
6		month to the Department in excess of the minimum payments
7		previously due as provided in this Section. The Department
8		shall make reasonable rules and regulations to govern the
9		quarter monthly payment amount and quarter monthly payment
10		dates for taxpayers who file on other than a calendar monthly
11		basis.
12		The provisions of this paragraph apply before October 1,
13		2001. Without regard to whether a taxpayer is required to make
14		quarter monthly payments as specified above, any taxpayer who
15		is required by Section 2d of this Act to collect and remit
16		prepaid taxes and has collected prepaid taxes which average in
17		excess of $25,000 per month during the preceding 2 complete
18		calendar quarters, shall file a return with the Department as
19		required by Section 2f and shall make payments to the
20		Department on or before the 7th, 15th, 22nd and last day of the
21		month during which such liability is incurred. If the month
22		during which such tax liability is incurred began prior to
23		September 1, 1985 (the effective date of Public Act 84-221),
24		each payment shall be in an amount not less than 22.5% of the
25		taxpayer's actual liability under Section 2d. If the month
26		during which such tax liability is incurred begins on or after

HB4844 Engrossed - 659 - LRB103 39009 AMC 69146 b
1		January 1, 1986, each payment shall be in an amount equal to
2		22.5% of the taxpayer's actual liability for the month or
3		27.5% of the taxpayer's liability for the same calendar month
4		of the preceding calendar year. If the month during which such
5		tax liability is incurred begins on or after January 1, 1987,
6		each payment shall be in an amount equal to 22.5% of the
7		taxpayer's actual liability for the month or 26.25% of the
8		taxpayer's liability for the same calendar month of the
9		preceding year. The amount of such quarter monthly payments
10		shall be credited against the final tax liability of the
11		taxpayer's return for that month filed under this Section or
12		Section 2f, as the case may be. Once applicable, the
13		requirement of the making of quarter monthly payments to the
14		Department pursuant to this paragraph shall continue until
15		such taxpayer's average monthly prepaid tax collections during
16		the preceding 2 complete calendar quarters is $25,000 or less.
17		If any such quarter monthly payment is not paid at the time or
18		in the amount required, the taxpayer shall be liable for
19		penalties and interest on such difference, except insofar as
20		the taxpayer has previously made payments for that month in
21		excess of the minimum payments previously due.
22		The provisions of this paragraph apply on and after
23		October 1, 2001. Without regard to whether a taxpayer is
24		required to make quarter monthly payments as specified above,
25		any taxpayer who is required by Section 2d of this Act to
26		collect and remit prepaid taxes and has collected prepaid

HB4844 Engrossed - 660 - LRB103 39009 AMC 69146 b
1		taxes that average in excess of $20,000 per month during the
2		preceding 4 complete calendar quarters shall file a return
3		with the Department as required by Section 2f and shall make
4		payments to the Department on or before the 7th, 15th, 22nd,
5		and last day of the month during which the liability is
6		incurred. Each payment shall be in an amount equal to 22.5% of
7		the taxpayer's actual liability for the month or 25% of the
8		taxpayer's liability for the same calendar month of the
9		preceding year. The amount of the quarter monthly payments
10		shall be credited against the final tax liability of the
11		taxpayer's return for that month filed under this Section or
12		Section 2f, as the case may be. Once applicable, the
13		requirement of the making of quarter monthly payments to the
14		Department pursuant to this paragraph shall continue until the
15		taxpayer's average monthly prepaid tax collections during the
16		preceding 4 complete calendar quarters (excluding the month of
17		highest liability and the month of lowest liability) is less
18		than $19,000 or until such taxpayer's average monthly
19		liability to the Department as computed for each calendar
20		quarter of the 4 preceding complete calendar quarters is less
21		than $20,000. If any such quarter monthly payment is not paid
22		at the time or in the amount required, the taxpayer shall be
23		liable for penalties and interest on such difference, except
24		insofar as the taxpayer has previously made payments for that
25		month in excess of the minimum payments previously due.
26		If any payment provided for in this Section exceeds the

HB4844 Engrossed - 661 - LRB103 39009 AMC 69146 b
1		taxpayer's liabilities under this Act, the Use Tax Act, the
2		Service Occupation Tax Act, and the Service Use Tax Act, as
3		shown on an original monthly return, the Department shall, if
4		requested by the taxpayer, issue to the taxpayer a credit
5		memorandum no later than 30 days after the date of payment. The
6		credit evidenced by such credit memorandum may be assigned by
7		the taxpayer to a similar taxpayer under this Act, the Use Tax
8		Act, the Service Occupation Tax Act, or the Service Use Tax
9		Act, in accordance with reasonable rules and regulations to be
10		prescribed by the Department. If no such request is made, the
11		taxpayer may credit such excess payment against tax liability
12		subsequently to be remitted to the Department under this Act,
13		the Use Tax Act, the Service Occupation Tax Act, or the Service
14		Use Tax Act, in accordance with reasonable rules and
15		regulations prescribed by the Department. If the Department
16		subsequently determined that all or any part of the credit
17		taken was not actually due to the taxpayer, the taxpayer's
18		2.1% and 1.75% vendor's discount shall be reduced by 2.1% or
19		1.75% of the difference between the credit taken and that
20		actually due, and that taxpayer shall be liable for penalties
21		and interest on such difference.
22		If a retailer of motor fuel is entitled to a credit under
23		Section 2d of this Act which exceeds the taxpayer's liability
24		to the Department under this Act for the month for which the
25		taxpayer is filing a return, the Department shall issue the
26		taxpayer a credit memorandum for the excess.

HB4844 Engrossed - 662 - LRB103 39009 AMC 69146 b
1		Beginning January 1, 1990, each month the Department shall
2		pay into the Local Government Tax Fund, a special fund in the
3		State treasury which is hereby created, the net revenue
4		realized for the preceding month from the 1% tax imposed under
5		this Act.
6		Beginning January 1, 1990, each month the Department shall
7		pay into the County and Mass Transit District Fund, a special
8		fund in the State treasury which is hereby created, 4% of the
9		net revenue realized for the preceding month from the 6.25%
10		general rate other than aviation fuel sold on or after
11		December 1, 2019. This exception for aviation fuel only
12		applies for so long as the revenue use requirements of 49
13		U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the State.
14		Beginning August 1, 2000, each month the Department shall
15		pay into the County and Mass Transit District Fund 20% of the
16		net revenue realized for the preceding month from the 1.25%
17		rate on the selling price of motor fuel and gasohol. If, in any
18		month, the tax on sales tax holiday items, as defined in
19		Section 2-8, is imposed at the rate of 1.25%, then the
20		Department shall pay 20% of the net revenue realized for that
21		month from the 1.25% rate on the selling price of sales tax
22		holiday items into the County and Mass Transit District Fund.
23		Beginning January 1, 1990, each month the Department shall
24		pay into the Local Government Tax Fund 16% of the net revenue
25		realized for the preceding month from the 6.25% general rate
26		on the selling price of tangible personal property other than

HB4844 Engrossed - 663 - LRB103 39009 AMC 69146 b
1		aviation fuel sold on or after December 1, 2019. This
2		exception for aviation fuel only applies for so long as the
3		revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.
4		47133 are binding on the State.
5		For aviation fuel sold on or after December 1, 2019, each
6		month the Department shall pay into the State Aviation Program
7		Fund 20% of the net revenue realized for the preceding month
8		from the 6.25% general rate on the selling price of aviation
9		fuel, less an amount estimated by the Department to be
10		required for refunds of the 20% portion of the tax on aviation
11		fuel under this Act, which amount shall be deposited into the
12		Aviation Fuel Sales Tax Refund Fund. The Department shall only
13		pay moneys into the State Aviation Program Fund and the
14		Aviation Fuel Sales Tax Refund Fund under this Act for so long
15		as the revenue use requirements of 49 U.S.C. 47107(b) and 49
16		U.S.C. 47133 are binding on the State.
17		Beginning August 1, 2000, each month the Department shall
18		pay into the Local Government Tax Fund 80% of the net revenue
19		realized for the preceding month from the 1.25% rate on the
20		selling price of motor fuel and gasohol. If, in any month, the
21		tax on sales tax holiday items, as defined in Section 2-8, is
22		imposed at the rate of 1.25%, then the Department shall pay 80%
23		of the net revenue realized for that month from the 1.25% rate
24		on the selling price of sales tax holiday items into the Local
25		Government Tax Fund.
26		Beginning October 1, 2009, each month the Department shall

HB4844 Engrossed - 664 - LRB103 39009 AMC 69146 b
1		pay into the Capital Projects Fund an amount that is equal to
2		an amount estimated by the Department to represent 80% of the
3		net revenue realized for the preceding month from the sale of
4		candy, grooming and hygiene products, and soft drinks that had
5		been taxed at a rate of 1% prior to September 1, 2009 but that
6		are now taxed at 6.25%.
7		Beginning July 1, 2011, each month the Department shall
8		pay into the Clean Air Act Permit Fund 80% of the net revenue
9		realized for the preceding month from the 6.25% general rate
10		on the selling price of sorbents used in Illinois in the
11		process of sorbent injection as used to comply with the
12		Environmental Protection Act or the federal Clean Air Act, but
13		the total payment into the Clean Air Act Permit Fund under this
14		Act and the Use Tax Act shall not exceed $2,000,000 in any
15		fiscal year.
16		Beginning July 1, 2013, each month the Department shall
17		pay into the Underground Storage Tank Fund from the proceeds
18		collected under this Act, the Use Tax Act, the Service Use Tax
19		Act, and the Service Occupation Tax Act an amount equal to the
20		average monthly deficit in the Underground Storage Tank Fund
21		during the prior year, as certified annually by the Illinois
22		Environmental Protection Agency, but the total payment into
23		the Underground Storage Tank Fund under this Act, the Use Tax
24		Act, the Service Use Tax Act, and the Service Occupation Tax
25		Act shall not exceed $18,000,000 in any State fiscal year. As
26		used in this paragraph, the "average monthly deficit" shall be

HB4844 Engrossed - 665 - LRB103 39009 AMC 69146 b
1		equal to the difference between the average monthly claims for
2		payment by the fund and the average monthly revenues deposited
3		into the fund, excluding payments made pursuant to this
4		paragraph.
5		Beginning July 1, 2015, of the remainder of the moneys
6		received by the Department under the Use Tax Act, the Service
7		Use Tax Act, the Service Occupation Tax Act, and this Act, each
8		month the Department shall deposit $500,000 into the State
9		Crime Laboratory Fund.
10		Of the remainder of the moneys received by the Department
11		pursuant to this Act, (a) 1.75% thereof shall be paid into the
12		Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on
13		and after July 1, 1989, 3.8% thereof shall be paid into the
14		Build Illinois Fund; provided, however, that if in any fiscal
15		year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
16		may be, of the moneys received by the Department and required
17		to be paid into the Build Illinois Fund pursuant to this Act,
18		Section 9 of the Use Tax Act, Section 9 of the Service Use Tax
19		Act, and Section 9 of the Service Occupation Tax Act, such Acts
20		being hereinafter called the "Tax Acts" and such aggregate of
21		2.2% or 3.8%, as the case may be, of moneys being hereinafter
22		called the "Tax Act Amount", and (2) the amount transferred to
23		the Build Illinois Fund from the State and Local Sales Tax
24		Reform Fund shall be less than the Annual Specified Amount (as
25		hereinafter defined), an amount equal to the difference shall
26		be immediately paid into the Build Illinois Fund from other

HB4844 Engrossed - 666 - LRB103 39009 AMC 69146 b
1		moneys received by the Department pursuant to the Tax Acts;
2		the "Annual Specified Amount" means the amounts specified
3		below for fiscal years 1986 through 1993:
4 Fiscal Year Annual Specified Amount 5 1986 $54,800,000 6 1987 $76,650,000 7 1988 $80,480,000 8 1989 $88,510,000 9 1990 $115,330,000 10 1991 $145,470,000 11 1992 $182,730,000 12 1993 $206,520,000;
13		and means the Certified Annual Debt Service Requirement (as
14		defined in Section 13 of the Build Illinois Bond Act) or the
15		Tax Act Amount, whichever is greater, for fiscal year 1994 and
16		each fiscal year thereafter; and further provided, that if on
17		the last business day of any month the sum of (1) the Tax Act
18		Amount required to be deposited into the Build Illinois Bond
19		Account in the Build Illinois Fund during such month and (2)
20		the amount transferred to the Build Illinois Fund from the
21		State and Local Sales Tax Reform Fund shall have been less than
22		1/12 of the Annual Specified Amount, an amount equal to the
23		difference shall be immediately paid into the Build Illinois
24		Fund from other moneys received by the Department pursuant to
25		the Tax Acts; and, further provided, that in no event shall the
26		payments required under the preceding proviso result in

HB4844 Engrossed - 667 - LRB103 39009 AMC 69146 b
1		aggregate payments into the Build Illinois Fund pursuant to
2		this clause (b) for any fiscal year in excess of the greater of
3		(i) the Tax Act Amount or (ii) the Annual Specified Amount for
4		such fiscal year. The amounts payable into the Build Illinois
5		Fund under clause (b) of the first sentence in this paragraph
6		shall be payable only until such time as the aggregate amount
7		on deposit under each trust indenture securing Bonds issued
8		and outstanding pursuant to the Build Illinois Bond Act is
9		sufficient, taking into account any future investment income,
10		to fully provide, in accordance with such indenture, for the
11		defeasance of or the payment of the principal of, premium, if
12		any, and interest on the Bonds secured by such indenture and on
13		any Bonds expected to be issued thereafter and all fees and
14		costs payable with respect thereto, all as certified by the
15		Director of the Bureau of the Budget (now Governor's Office of
16		Management and Budget). If on the last business day of any
17		month in which Bonds are outstanding pursuant to the Build
18		Illinois Bond Act, the aggregate of moneys deposited in the
19		Build Illinois Bond Account in the Build Illinois Fund in such
20		month shall be less than the amount required to be transferred
21		in such month from the Build Illinois Bond Account to the Build
22		Illinois Bond Retirement and Interest Fund pursuant to Section
23		13 of the Build Illinois Bond Act, an amount equal to such
24		deficiency shall be immediately paid from other moneys
25		received by the Department pursuant to the Tax Acts to the
26		Build Illinois Fund; provided, however, that any amounts paid

HB4844 Engrossed - 668 - LRB103 39009 AMC 69146 b
1		to the Build Illinois Fund in any fiscal year pursuant to this
2		sentence shall be deemed to constitute payments pursuant to
3		clause (b) of the first sentence of this paragraph and shall
4		reduce the amount otherwise payable for such fiscal year
5		pursuant to that clause (b). The moneys received by the
6		Department pursuant to this Act and required to be deposited
7		into the Build Illinois Fund are subject to the pledge, claim
8		and charge set forth in Section 12 of the Build Illinois Bond
9		Act.
10		Subject to payment of amounts into the Build Illinois Fund
11		as provided in the preceding paragraph or in any amendment
12		thereto hereafter enacted, the following specified monthly
13		installment of the amount requested in the certificate of the
14		Chairman of the Metropolitan Pier and Exposition Authority
15		provided under Section 8.25f of the State Finance Act, but not
16		in excess of sums designated as "Total Deposit", shall be
17		deposited in the aggregate from collections under Section 9 of
18		the Use Tax Act, Section 9 of the Service Use Tax Act, Section
19		9 of the Service Occupation Tax Act, and Section 3 of the
20		Retailers' Occupation Tax Act into the McCormick Place
21		Expansion Project Fund in the specified fiscal years.
22 Fiscal Year Total Deposit 23 1993 $0 24 1994 53,000,000 25 1995 58,000,000 26 1996 61,000,000

HB4844 Engrossed - 669 - LRB103 39009 AMC 69146 b

1 1997 64,000,000 2 1998 68,000,000 3 1999 71,000,000 4 2000 75,000,000 5 2001 80,000,000 6 2002 93,000,000 7 2003 99,000,000 8 2004 103,000,000 9 2005 108,000,000 10 2006 113,000,000 11 2007 119,000,000 12 2008 126,000,000 13 2009 132,000,000 14 2010 139,000,000 15 2011 146,000,000 16 2012 153,000,000 17 2013 161,000,000 18 2014 170,000,000 19 2015 179,000,000 20 2016 189,000,000 21 2017 199,000,000 22 2018 210,000,000 23 2019 221,000,000 24 2020 233,000,000 25 2021 300,000,000 26 2022 300,000,000

HB4844 Engrossed - 670 - LRB103 39009 AMC 69146 b
1 2023 300,000,000 2 2024 300,000,000 3 2025 300,000,000 4 2026 300,000,000 5 2027 375,000,000 6 2028 375,000,000 7 2029 375,000,000 8 2030 375,000,000 9 2031 375,000,000 10 2032 375,000,000 11 2033 375,000,000 12 2034 375,000,000 13 2035 375,000,000 14 2036 450,000,000 15 and 16 each fiscal year 17 thereafter that bonds 18 are outstanding under 19 Section 13.2 of the 20 Metropolitan Pier and 21 Exposition Authority Act, 22 but not after fiscal year 2060.
23		Beginning July 20, 1993 and in each month of each fiscal
24		year thereafter, one-eighth of the amount requested in the
25		certificate of the Chairman of the Metropolitan Pier and
26		Exposition Authority for that fiscal year, less the amount

HB4844 Engrossed - 671 - LRB103 39009 AMC 69146 b
1		deposited into the McCormick Place Expansion Project Fund by
2		the State Treasurer in the respective month under subsection
3		(g) of Section 13 of the Metropolitan Pier and Exposition
4		Authority Act, plus cumulative deficiencies in the deposits
5		required under this Section for previous months and years,
6		shall be deposited into the McCormick Place Expansion Project
7		Fund, until the full amount requested for the fiscal year, but
8		not in excess of the amount specified above as "Total
9		Deposit", has been deposited.
10		Subject to payment of amounts into the Capital Projects
11		Fund, the Clean Air Act Permit Fund, the Build Illinois Fund,
12		and the McCormick Place Expansion Project Fund pursuant to the
13		preceding paragraphs or in any amendments thereto hereafter
14		enacted, for aviation fuel sold on or after December 1, 2019,
15		the Department shall each month deposit into the Aviation Fuel
16		Sales Tax Refund Fund an amount estimated by the Department to
17		be required for refunds of the 80% portion of the tax on
18		aviation fuel under this Act. The Department shall only
19		deposit moneys into the Aviation Fuel Sales Tax Refund Fund
20		under this paragraph for so long as the revenue use
21		requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are
22		binding on the State.
23		Subject to payment of amounts into the Build Illinois Fund
24		and the McCormick Place Expansion Project Fund pursuant to the
25		preceding paragraphs or in any amendments thereto hereafter
26		enacted, beginning July 1, 1993 and ending on September 30,

HB4844 Engrossed - 672 - LRB103 39009 AMC 69146 b
1		2013, the Department shall each month pay into the Illinois
2		Tax Increment Fund 0.27% of 80% of the net revenue realized for
3		the preceding month from the 6.25% general rate on the selling
4		price of tangible personal property.
5		Subject to payment of amounts into the Build Illinois
6		Fund, the McCormick Place Expansion Project Fund, and the
7		Illinois Tax Increment Fund pursuant to the preceding
8		paragraphs or in any amendments to this Section hereafter
9		enacted, beginning on the first day of the first calendar
10		month to occur on or after August 26, 2014 (the effective date
11		of Public Act 98-1098), each month, from the collections made
12		under Section 9 of the Use Tax Act, Section 9 of the Service
13		Use Tax Act, Section 9 of the Service Occupation Tax Act, and
14		Section 3 of the Retailers' Occupation Tax Act, the Department
15		shall pay into the Tax Compliance and Administration Fund, to
16		be used, subject to appropriation, to fund additional auditors
17		and compliance personnel at the Department of Revenue, an
18		amount equal to 1/12 of 5% of 80% of the cash receipts
19		collected during the preceding fiscal year by the Audit Bureau
20		of the Department under the Use Tax Act, the Service Use Tax
21		Act, the Service Occupation Tax Act, the Retailers' Occupation
22		Tax Act, and associated local occupation and use taxes
23		administered by the Department.
24		Subject to payments of amounts into the Build Illinois
25		Fund, the McCormick Place Expansion Project Fund, the Illinois
26		Tax Increment Fund, the Energy Infrastructure Fund, and the

HB4844 Engrossed - 673 - LRB103 39009 AMC 69146 b
1		Tax Compliance and Administration Fund as provided in this
2		Section, beginning on July 1, 2018 the Department shall pay
3		each month into the Downstate Public Transportation Fund the
4		moneys required to be so paid under Section 2-3 of the
5		Downstate Public Transportation Act.
6		Subject to successful execution and delivery of a
7		public-private agreement between the public agency and private
8		entity and completion of the civic build, beginning on July 1,
9		2023, of the remainder of the moneys received by the
10		Department under the Use Tax Act, the Service Use Tax Act, the
11		Service Occupation Tax Act, and this Act, the Department shall
12		deposit the following specified deposits in the aggregate from
13		collections under the Use Tax Act, the Service Use Tax Act, the
14		Service Occupation Tax Act, and the Retailers' Occupation Tax
15		Act, as required under Section 8.25g of the State Finance Act
16		for distribution consistent with the Public-Private
17		Partnership for Civic and Transit Infrastructure Project Act.
18		The moneys received by the Department pursuant to this Act and
19		required to be deposited into the Civic and Transit
20		Infrastructure Fund are subject to the pledge, claim and
21		charge set forth in Section 25-55 of the Public-Private
22		Partnership for Civic and Transit Infrastructure Project Act.
23		As used in this paragraph, "civic build", "private entity",
24		"public-private agreement", and "public agency" have the
25		meanings provided in Section 25-10 of the Public-Private
26		Partnership for Civic and Transit Infrastructure Project Act.

HB4844 Engrossed - 674 - LRB103 39009 AMC 69146 b
1		Fiscal Year.............................Total Deposit
2		2024.....................................$200,000,000
3		2025....................................$206,000,000
4		2026....................................$212,200,000
5		2027....................................$218,500,000
6		2028....................................$225,100,000
7		2029....................................$288,700,000
8		2030....................................$298,900,000
9		2031....................................$309,300,000
10		2032....................................$320,100,000
11		2033....................................$331,200,000
12		2034....................................$341,200,000
13		2035....................................$351,400,000
14		2036....................................$361,900,000
15		2037....................................$372,800,000
16		2038....................................$384,000,000
17		2039....................................$395,500,000
18		2040....................................$407,400,000
19		2041....................................$419,600,000
20		2042....................................$432,200,000
21		2043....................................$445,100,000
22		Beginning July 1, 2021 and until July 1, 2022, subject to
23		the payment of amounts into the County and Mass Transit
24		District Fund, the Local Government Tax Fund, the Build
25		Illinois Fund, the McCormick Place Expansion Project Fund, the
26		Illinois Tax Increment Fund, and the Tax Compliance and

HB4844 Engrossed - 675 - LRB103 39009 AMC 69146 b
1		Administration Fund as provided in this Section, the
2		Department shall pay each month into the Road Fund the amount
3		estimated to represent 16% of the net revenue realized from
4		the taxes imposed on motor fuel and gasohol. Beginning July 1,
5		2022 and until July 1, 2023, subject to the payment of amounts
6		into the County and Mass Transit District Fund, the Local
7		Government Tax Fund, the Build Illinois Fund, the McCormick
8		Place Expansion Project Fund, the Illinois Tax Increment Fund,
9		and the Tax Compliance and Administration Fund as provided in
10		this Section, the Department shall pay each month into the
11		Road Fund the amount estimated to represent 32% of the net
12		revenue realized from the taxes imposed on motor fuel and
13		gasohol. Beginning July 1, 2023 and until July 1, 2024,
14		subject to the payment of amounts into the County and Mass
15		Transit District Fund, the Local Government Tax Fund, the
16		Build Illinois Fund, the McCormick Place Expansion Project
17		Fund, the Illinois Tax Increment Fund, and the Tax Compliance
18		and Administration Fund as provided in this Section, the
19		Department shall pay each month into the Road Fund the amount
20		estimated to represent 48% of the net revenue realized from
21		the taxes imposed on motor fuel and gasohol. Beginning July 1,
22		2024 and until July 1, 2025, subject to the payment of amounts
23		into the County and Mass Transit District Fund, the Local
24		Government Tax Fund, the Build Illinois Fund, the McCormick
25		Place Expansion Project Fund, the Illinois Tax Increment Fund,
26		and the Tax Compliance and Administration Fund as provided in

HB4844 Engrossed - 676 - LRB103 39009 AMC 69146 b
1		this Section, the Department shall pay each month into the
2		Road Fund the amount estimated to represent 64% of the net
3		revenue realized from the taxes imposed on motor fuel and
4		gasohol. Beginning on July 1, 2025, subject to the payment of
5		amounts into the County and Mass Transit District Fund, the
6		Local Government Tax Fund, the Build Illinois Fund, the
7		McCormick Place Expansion Project Fund, the Illinois Tax
8		Increment Fund, and the Tax Compliance and Administration Fund
9		as provided in this Section, the Department shall pay each
10		month into the Road Fund the amount estimated to represent 80%
11		of the net revenue realized from the taxes imposed on motor
12		fuel and gasohol. As used in this paragraph "motor fuel" has
13		the meaning given to that term in Section 1.1 of the Motor Fuel
14		Tax Law, and "gasohol" has the meaning given to that term in
15		Section 3-40 of the Use Tax Act.
16		Of the remainder of the moneys received by the Department
17		pursuant to this Act, 75% thereof shall be paid into the State
18		treasury and 25% shall be reserved in a special account and
19		used only for the transfer to the Common School Fund as part of
20		the monthly transfer from the General Revenue Fund in
21		accordance with Section 8a of the State Finance Act.
22		The Department may, upon separate written notice to a
23		taxpayer, require the taxpayer to prepare and file with the
24		Department on a form prescribed by the Department within not
25		less than 60 days after receipt of the notice an annual
26		information return for the tax year specified in the notice.

HB4844 Engrossed - 677 - LRB103 39009 AMC 69146 b
1		Such annual return to the Department shall include a statement
2		of gross receipts as shown by the retailer's last federal
3		Federal income tax return. If the total receipts of the
4		business as reported in the federal Federal income tax return
5		do not agree with the gross receipts reported to the
6		Department of Revenue for the same period, the retailer shall
7		attach to his annual return a schedule showing a
8		reconciliation of the 2 amounts and the reasons for the
9		difference. The retailer's annual return to the Department
10		shall also disclose the cost of goods sold by the retailer
11		during the year covered by such return, opening and closing
12		inventories of such goods for such year, costs of goods used
13		from stock or taken from stock and given away by the retailer
14		during such year, payroll information of the retailer's
15		business during such year and any additional reasonable
16		information which the Department deems would be helpful in
17		determining the accuracy of the monthly, quarterly, or annual
18		returns filed by such retailer as provided for in this
19		Section.
20		If the annual information return required by this Section
21		is not filed when and as required, the taxpayer shall be liable
22		as follows:
23		(i) Until January 1, 1994, the taxpayer shall be
24		liable for a penalty equal to 1/6 of 1% of the tax due from
25		such taxpayer under this Act during the period to be
26		covered by the annual return for each month or fraction of

HB4844 Engrossed - 678 - LRB103 39009 AMC 69146 b
1		a month until such return is filed as required, the
2		penalty to be assessed and collected in the same manner as
3		any other penalty provided for in this Act.
4		(ii) On and after January 1, 1994, the taxpayer shall
5		be liable for a penalty as described in Section 3-4 of the
6		Uniform Penalty and Interest Act.
7		The chief executive officer, proprietor, owner, or highest
8		ranking manager shall sign the annual return to certify the
9		accuracy of the information contained therein. Any person who
10		willfully signs the annual return containing false or
11		inaccurate information shall be guilty of perjury and punished
12		accordingly. The annual return form prescribed by the
13		Department shall include a warning that the person signing the
14		return may be liable for perjury.
15		The provisions of this Section concerning the filing of an
16		annual information return do not apply to a retailer who is not
17		required to file an income tax return with the United States
18		Government.
19		As soon as possible after the first day of each month, upon
20		certification of the Department of Revenue, the Comptroller
21		shall order transferred and the Treasurer shall transfer from
22		the General Revenue Fund to the Motor Fuel Tax Fund an amount
23		equal to 1.7% of 80% of the net revenue realized under this Act
24		for the second preceding month. Beginning April 1, 2000, this
25		transfer is no longer required and shall not be made.
26		Net revenue realized for a month shall be the revenue

HB4844 Engrossed - 679 - LRB103 39009 AMC 69146 b
1		collected by the State pursuant to this Act, less the amount
2		paid out during that month as refunds to taxpayers for
3		overpayment of liability.
4		For greater simplicity of administration, manufacturers,
5		importers and wholesalers whose products are sold at retail in
6		Illinois by numerous retailers, and who wish to do so, may
7		assume the responsibility for accounting and paying to the
8		Department all tax accruing under this Act with respect to
9		such sales, if the retailers who are affected do not make
10		written objection to the Department to this arrangement.
11		Any person who promotes, organizes, or provides retail
12		selling space for concessionaires or other types of sellers at
13		the Illinois State Fair, DuQuoin State Fair, county fairs,
14		local fairs, art shows, flea markets, and similar exhibitions
15		or events, including any transient merchant as defined by
16		Section 2 of the Transient Merchant Act of 1987, is required to
17		file a report with the Department providing the name of the
18		merchant's business, the name of the person or persons engaged
19		in merchant's business, the permanent address and Illinois
20		Retailers Occupation Tax Registration Number of the merchant,
21		the dates and location of the event, and other reasonable
22		information that the Department may require. The report must
23		be filed not later than the 20th day of the month next
24		following the month during which the event with retail sales
25		was held. Any person who fails to file a report required by
26		this Section commits a business offense and is subject to a

HB4844 Engrossed - 680 - LRB103 39009 AMC 69146 b
1		fine not to exceed $250.
2		Any person engaged in the business of selling tangible
3		personal property at retail as a concessionaire or other type
4		of seller at the Illinois State Fair, county fairs, art shows,
5		flea markets, and similar exhibitions or events, or any
6		transient merchants, as defined by Section 2 of the Transient
7		Merchant Act of 1987, may be required to make a daily report of
8		the amount of such sales to the Department and to make a daily
9		payment of the full amount of tax due. The Department shall
10		impose this requirement when it finds that there is a
11		significant risk of loss of revenue to the State at such an
12		exhibition or event. Such a finding shall be based on evidence
13		that a substantial number of concessionaires or other sellers
14		who are not residents of Illinois will be engaging in the
15		business of selling tangible personal property at retail at
16		the exhibition or event, or other evidence of a significant
17		risk of loss of revenue to the State. The Department shall
18		notify concessionaires and other sellers affected by the
19		imposition of this requirement. In the absence of notification
20		by the Department, the concessionaires and other sellers shall
21		file their returns as otherwise required in this Section.
22		(Source: P.A. 102-634, eff. 8-27-21; 102-700, Article 60,
23		Section 60-30, eff. 4-19-22; 102-700, Article 65, Section
24		65-10, eff. 4-19-22; 102-813, eff. 5-13-22; 102-1019, eff.
25		1-1-23; 103-9, eff. 6-7-23; 103-154, eff. 6-30-23; 103-363,
26		eff. 7-28-23; revised 9-27-23.)

HB4844 Engrossed - 681 - LRB103 39009 AMC 69146 b
1		Section 210. The Cigarette Tax Act is amended by changing
2		Section 2 as follows:
3		(35 ILCS 130/2) (from Ch. 120, par. 453.2)
4		Sec. 2. Tax imposed; rate; collection, payment, and
5		distribution; discount.
6		(a) Beginning on July 1, 2019, in place of the aggregate
7		tax rate of 99 mills previously imposed by this Act, a tax is
8		imposed upon any person engaged in business as a retailer of
9		cigarettes at the rate of 149 mills per cigarette sold or
10		otherwise disposed of in the course of such business in this
11		State.
12		(b) The payment of such taxes shall be evidenced by a stamp
13		affixed to each original package of cigarettes, or an
14		authorized substitute for such stamp imprinted on each
15		original package of such cigarettes underneath the sealed
16		transparent outside wrapper of such original package, as
17		hereinafter provided. However, such taxes are not imposed upon
18		any activity in such business in interstate commerce or
19		otherwise, which activity may not under the Constitution and
20		statutes of the United States be made the subject of taxation
21		by this State.
22		Out of the 149 mills per cigarette tax imposed by
23		subsection (a), until July 1, 2023, the revenues received from
24		4 mills shall be paid into the Common School Fund each month,

HB4844 Engrossed - 682 - LRB103 39009 AMC 69146 b
1		not to exceed $9,000,000 per month. Out of the 149 mills per
2		cigarette tax imposed by subsection (a), until July 1, 2023,
3		all of the revenues received from 7 mills shall be paid into
4		the Common School Fund each month. Out of the 149 mills per
5		cigarette tax imposed by subsection (a), until July 1, 2023,
6		50 mills per cigarette each month shall be paid into the
7		Healthcare Provider Relief Fund.
8		Beginning on July 1, 2006 and until July 1, 2023, all of
9		the moneys received by the Department of Revenue pursuant to
10		this Act and the Cigarette Use Tax Act, other than the moneys
11		that are dedicated to the Common School Fund and, beginning on
12		June 14, 2012 (the effective date of Public Act 97-688) this
13		amendatory Act of the 97th General Assembly, other than the
14		moneys from the additional taxes imposed by Public Act 97-688
15		this amendatory Act of the 97th General Assembly that must be
16		paid each month into the Healthcare Provider Relief Fund, and
17		other than the moneys from the additional taxes imposed by
18		Public Act 101-31 this amendatory Act of the 101st General
19		Assembly that must be paid each month under subsection (c),
20		shall be distributed each month as follows: first, there shall
21		be paid into the General Revenue Fund an amount that, when
22		added to the amount paid into the Common School Fund for that
23		month, equals $29,200,000; then, from the moneys remaining, if
24		any amounts required to be paid into the General Revenue Fund
25		in previous months remain unpaid, those amounts shall be paid
26		into the General Revenue Fund; then from the moneys remaining,

HB4844 Engrossed - 683 - LRB103 39009 AMC 69146 b
1		$5,000,000 per month shall be paid into the School
2		Infrastructure Fund; then, if any amounts required to be paid
3		into the School Infrastructure Fund in previous months remain
4		unpaid, those amounts shall be paid into the School
5		Infrastructure Fund; then the moneys remaining, if any, shall
6		be paid into the Long-Term Care Provider Fund. Any amounts
7		required to be paid into the General Revenue Fund, the School
8		Infrastructure Fund, the Long-Term Care Provider Fund, the
9		Common School Fund, the Capital Projects Fund, or the
10		Healthcare Provider Relief Fund under this subsection that
11		remain unpaid as of July 1, 2023 shall be deemed satisfied on
12		that date, eliminating any deficiency accrued through that
13		date.
14		(c) Beginning on July 1, 2019 and until July 1, 2023, all
15		of the moneys from the additional taxes imposed by Public Act
16		101-31, except for moneys received from the tax on electronic
17		cigarettes, received by the Department of Revenue pursuant to
18		this Act, the Cigarette Use Tax Act, and the Tobacco Products
19		Tax Act of 1995 shall be distributed each month into the
20		Capital Projects Fund.
21		(c-5) Beginning on July 1, 2023, all of the moneys
22		received by the Department of Revenue pursuant to (i) this
23		Act, (ii) the Cigarette Use Tax Act, and (iii) the tax imposed
24		on little cigars under Section 10-10 of the Tobacco Products
25		Tax Act of 1995 shall be paid each month as follows:
26		(1) 7% into the Common School Fund;

HB4844 Engrossed - 684 - LRB103 39009 AMC 69146 b
1		(2) 34% into the Healthcare Provider Relief Fund;
2		(3) 34% into the Capital Projects Fund; and
3		(4) 25% into the General Revenue Fund.
4		(d) Until July 1, 2023, except for moneys received from
5		the additional taxes imposed by Public Act 101-31, moneys
6		collected from the tax imposed on little cigars under Section
7		10-10 of the Tobacco Products Tax Act of 1995 shall be included
8		with the moneys collected under the Cigarette Tax Act and the
9		Cigarette Use Tax Act when making distributions to the Common
10		School Fund, the Healthcare Provider Relief Fund, the General
11		Revenue Fund, the School Infrastructure Fund, and the
12		Long-Term Care Provider Fund under this Section. Any amounts,
13		including moneys collected from the tax imposed on little
14		cigars under Section 10-10 of the Tobacco Products Tax Act of
15		1995, that are required to be paid into the General Revenue
16		Fund, the School Infrastructure Fund, the Long-Term Care
17		Provider Fund, the Common School Fund, the Capital Projects
18		Fund, or the Healthcare Provider Relief Fund under subsection
19		(b) that remain unpaid as of July 1, 2023 shall be deemed
20		satisfied on that date, eliminating any deficiency accrued
21		through that date. Beginning on July 1, 2023, moneys collected
22		from the tax imposed on little cigars under Section 10-10 of
23		the Tobacco Products Tax Act of 1995 shall be included with the
24		moneys collected under the Cigarette Tax Act and the Cigarette
25		Use Tax Act when making distributions under subsection
26		subsections (c-5).

HB4844 Engrossed - 685 - LRB103 39009 AMC 69146 b
1		(e) If the tax imposed herein terminates or has
2		terminated, distributors who have bought stamps while such tax
3		was in effect and who therefore paid such tax, but who can
4		show, to the Department's satisfaction, that they sold the
5		cigarettes to which they affixed such stamps after such tax
6		had terminated and did not recover the tax or its equivalent
7		from purchasers, shall be allowed by the Department to take
8		credit for such absorbed tax against subsequent tax stamp
9		purchases from the Department by such distributor.
10		(f) The impact of the tax levied by this Act is imposed
11		upon the retailer and shall be prepaid or pre-collected by the
12		distributor for the purpose of convenience and facility only,
13		and the amount of the tax shall be added to the price of the
14		cigarettes sold by such distributor. Collection of the tax
15		shall be evidenced by a stamp or stamps affixed to each
16		original package of cigarettes, as hereinafter provided. Any
17		distributor who purchases stamps may credit any excess
18		payments verified by the Department against amounts
19		subsequently due for the purchase of additional stamps, until
20		such time as no excess payment remains.
21		(g) Each distributor shall collect the tax from the
22		retailer at or before the time of the sale, shall affix the
23		stamps as hereinafter required, and shall remit the tax
24		collected from retailers to the Department, as hereinafter
25		provided. Any distributor who fails to properly collect and
26		pay the tax imposed by this Act shall be liable for the tax.

HB4844 Engrossed - 686 - LRB103 39009 AMC 69146 b
1		(h) Any distributor having cigarettes in his or her
2		possession on July 1, 2019 to which tax stamps have been
3		affixed, and any distributor having stamps in his or her
4		possession on July 1, 2019 that have not been affixed to
5		packages of cigarettes before July 1, 2019, is required to pay
6		the additional tax that begins on July 1, 2019 imposed by
7		Public Act 101-31 this amendatory Act of the 101st General
8		Assembly to the extent that the volume of affixed and
9		unaffixed stamps in the distributor's possession on July 1,
10		2019 exceeds the average monthly volume of cigarette stamps
11		purchased by the distributor in calendar year 2018. This
12		payment, less the discount provided in subsection (l), is due
13		when the distributor first makes a purchase of cigarette
14		stamps on or after July 1, 2019 or on the first due date of a
15		return under this Act occurring on or after July 1, 2019,
16		whichever occurs first. Those distributors may elect to pay
17		the additional tax on packages of cigarettes to which stamps
18		have been affixed and on any stamps in the distributor's
19		possession that have not been affixed to packages of
20		cigarettes in their possession on July 1, 2019 over a period
21		not to exceed 12 months from the due date of the additional tax
22		by notifying the Department in writing. The first payment for
23		distributors making such election is due when the distributor
24		first makes a purchase of cigarette tax stamps on or after July
25		1, 2019 or on the first due date of a return under this Act
26		occurring on or after July 1, 2019, whichever occurs first.

HB4844 Engrossed - 687 - LRB103 39009 AMC 69146 b
1		Distributors making such an election are not entitled to take
2		the discount provided in subsection (l) on such payments.
3		(i) Any retailer having cigarettes in its possession on
4		July 1, 2019 to which tax stamps have been affixed is not
5		required to pay the additional tax that begins on July 1, 2019
6		imposed by Public Act 101-31 this amendatory Act of the 101st
7		General Assembly on those stamped cigarettes.
8		(j) Distributors making sales of cigarettes to secondary
9		distributors shall add the amount of the tax to the price of
10		the cigarettes sold by the distributors. Secondary
11		distributors making sales of cigarettes to retailers shall
12		include the amount of the tax in the price of the cigarettes
13		sold to retailers. The amount of tax shall not be less than the
14		amount of taxes imposed by the State and all local
15		jurisdictions. The amount of local taxes shall be calculated
16		based on the location of the retailer's place of business
17		shown on the retailer's certificate of registration or
18		sub-registration issued to the retailer pursuant to Section 2a
19		of the Retailers' Occupation Tax Act. The original packages of
20		cigarettes sold to the retailer shall bear all the required
21		stamps, or other indicia, for the taxes included in the price
22		of cigarettes.
23		(k) The amount of the Cigarette Tax imposed by this Act
24		shall be separately stated, apart from the price of the goods,
25		by distributors, manufacturer representatives, secondary
26		distributors, and retailers, in all bills and sales invoices.

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1		(l) The distributor shall be required to collect the tax
2		provided under subsection (a) paragraph (a) hereof, and, to
3		cover the costs of such collection, shall be allowed a
4		discount during any year commencing July 1st and ending the
5		following June 30th in accordance with the schedule set out
6		hereinbelow, which discount shall be allowed at the time of
7		purchase of the stamps when purchase is required by this Act,
8		or at the time when the tax is remitted to the Department
9		without the purchase of stamps from the Department when that
10		method of paying the tax is required or authorized by this Act.
11		On and after December 1, 1985, a discount equal to 1.75% of
12		the amount of the tax payable under this Act up to and
13		including the first $3,000,000 paid hereunder by such
14		distributor to the Department during any such year and 1.5% of
15		the amount of any additional tax paid hereunder by such
16		distributor to the Department during any such year shall
17		apply.
18		Two or more distributors that use a common means of
19		affixing revenue tax stamps or that are owned or controlled by
20		the same interests shall be treated as a single distributor
21		for the purpose of computing the discount.
22		(m) The taxes herein imposed are in addition to all other
23		occupation or privilege taxes imposed by the State of
24		Illinois, or by any political subdivision thereof, or by any
25		municipal corporation.
26		(Source: P.A. 103-9, eff. 6-7-23; revised 9-28-23.)

HB4844 Engrossed - 689 - LRB103 39009 AMC 69146 b
1		Section 215. The Uniform Penalty and Interest Act is
2		amended by changing Section 3-3 as follows:
3		(35 ILCS 735/3-3) (from Ch. 120, par. 2603-3)
4		Sec. 3-3. Penalty for failure to file or pay.
5		(a) This subsection (a) is applicable before January 1,
6		1996. A penalty of 5% of the tax required to be shown due on a
7		return shall be imposed for failure to file the tax return on
8		or before the due date prescribed for filing determined with
9		regard for any extension of time for filing (penalty for late
10		filing or nonfiling). If any unprocessable return is corrected
11		and filed within 21 days after notice by the Department, the
12		late filing or nonfiling penalty shall not apply. If a penalty
13		for late filing or nonfiling is imposed in addition to a
14		penalty for late payment, the total penalty due shall be the
15		sum of the late filing penalty and the applicable late payment
16		penalty. Beginning on August 18, 1995 (the effective date of
17		Public Act 89-379) this amendatory Act of 1995, in the case of
18		any type of tax return required to be filed more frequently
19		than annually, when the failure to file the tax return on or
20		before the date prescribed for filing (including any
21		extensions) is shown to be nonfraudulent and has not occurred
22		in the 2 years immediately preceding the failure to file on the
23		prescribed due date, the penalty imposed by Section 3-3(a)
24		shall be abated.

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1		(a-5) This subsection (a-5) is applicable to returns due
2		on and after January 1, 1996 and on or before December 31,
3		2000. A penalty equal to 2% of the tax required to be shown due
4		on a return, up to a maximum amount of $250, determined without
5		regard to any part of the tax that is paid on time or by any
6		credit that was properly allowable on the date the return was
7		required to be filed, shall be imposed for failure to file the
8		tax return on or before the due date prescribed for filing
9		determined with regard for any extension of time for filing.
10		However, if any return is not filed within 30 days after notice
11		of nonfiling mailed by the Department to the last known
12		address of the taxpayer contained in Department records, an
13		additional penalty amount shall be imposed equal to the
14		greater of $250 or 2% of the tax shown on the return. However,
15		the additional penalty amount may not exceed $5,000 and is
16		determined without regard to any part of the tax that is paid
17		on time or by any credit that was properly allowable on the
18		date the return was required to be filed (penalty for late
19		filing or nonfiling). If any unprocessable return is corrected
20		and filed within 30 days after notice by the Department, the
21		late filing or nonfiling penalty shall not apply. If a penalty
22		for late filing or nonfiling is imposed in addition to a
23		penalty for late payment, the total penalty due shall be the
24		sum of the late filing penalty and the applicable late payment
25		penalty. In the case of any type of tax return required to be
26		filed more frequently than annually, when the failure to file

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1		the tax return on or before the date prescribed for filing
2		(including any extensions) is shown to be nonfraudulent and
3		has not occurred in the 2 years immediately preceding the
4		failure to file on the prescribed due date, the penalty
5		imposed by Section 3-3(a-5) shall be abated.
6		(a-10) This subsection (a-10) is applicable to returns due
7		on and after January 1, 2001. A penalty equal to 2% of the tax
8		required to be shown due on a return, up to a maximum amount of
9		$250, reduced by any tax that is paid on time or by any credit
10		that was properly allowable on the date the return was
11		required to be filed, shall be imposed for failure to file the
12		tax return on or before the due date prescribed for filing
13		determined with regard for any extension of time for filing.
14		However, if any return is not filed within 30 days after notice
15		of nonfiling mailed by the Department to the last known
16		address of the taxpayer contained in Department records, an
17		additional penalty amount shall be imposed equal to the
18		greater of $250 or 2% of the tax shown on the return. However,
19		the additional penalty amount may not exceed $5,000 and is
20		determined without regard to any part of the tax that is paid
21		on time or by any credit that was properly allowable on the
22		date the return was required to be filed (penalty for late
23		filing or nonfiling). If any unprocessable return is corrected
24		and filed within 30 days after notice by the Department, the
25		late filing or nonfiling penalty shall not apply. If a penalty
26		for late filing or nonfiling is imposed in addition to a

HB4844 Engrossed - 692 - LRB103 39009 AMC 69146 b
1		penalty for late payment, the total penalty due shall be the
2		sum of the late filing penalty and the applicable late payment
3		penalty. In the case of any type of tax return required to be
4		filed more frequently than annually, when the failure to file
5		the tax return on or before the date prescribed for filing
6		(including any extensions) is shown to be nonfraudulent and
7		has not occurred in the 2 years immediately preceding the
8		failure to file on the prescribed due date, the penalty
9		imposed by this subsection (a-10) shall be abated. This
10		subsection (a-10) does not apply to transaction reporting
11		returns required by Section 3 of the Retailers' Occupation Tax
12		Act and Section 9 of the Use Tax Act that would not, when
13		properly prepared and filed, result in the imposition of a
14		tax; however, those returns are subject to the penalty set
15		forth in subsection (a-15).
16		(a-15) A penalty of $100 shall be imposed for failure to
17		file a transaction reporting return required by Section 3 of
18		the Retailers' Occupation Tax Act and Section 9 of the Use Tax
19		Act on or before the date a return is required to be filed;
20		provided, however, that this penalty shall be imposed only if
21		the return when properly prepared and filed would not result
22		in the imposition of a tax. If such a transaction reporting
23		return would result in the imposition of a tax when properly
24		prepared and filed, then that return is subject to the
25		provisions of subsection (a-10).
26		(b) This subsection is applicable before January 1, 1998.

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1		A penalty of 15% of the tax shown on the return or the tax
2		required to be shown due on the return shall be imposed for
3		failure to pay:
4		(1) the tax shown due on the return on or before the
5		due date prescribed for payment of that tax, an amount of
6		underpayment of estimated tax, or an amount that is
7		reported in an amended return other than an amended return
8		timely filed as required by subsection (b) of Section 506
9		of the Illinois Income Tax Act (penalty for late payment
10		or nonpayment of admitted liability); or
11		(2) the full amount of any tax required to be shown due
12		on a return and which is not shown (penalty for late
13		payment or nonpayment of additional liability), within 30
14		days after a notice of arithmetic error, notice and
15		demand, or a final assessment is issued by the Department.
16		In the case of a final assessment arising following a
17		protest and hearing, the 30-day period shall not begin
18		until all proceedings in court for review of the final
19		assessment have terminated or the period for obtaining a
20		review has expired without proceedings for a review having
21		been instituted. In the case of a notice of tax liability
22		that becomes a final assessment without a protest and
23		hearing, the penalty provided in this paragraph (2) shall
24		be imposed at the expiration of the period provided for
25		the filing of a protest.
26		(b-5) This subsection is applicable to returns due on and

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1		after January 1, 1998 and on or before December 31, 2000. A
2		penalty of 20% of the tax shown on the return or the tax
3		required to be shown due on the return shall be imposed for
4		failure to pay:
5		(1) the tax shown due on the return on or before the
6		due date prescribed for payment of that tax, an amount of
7		underpayment of estimated tax, or an amount that is
8		reported in an amended return other than an amended return
9		timely filed as required by subsection (b) of Section 506
10		of the Illinois Income Tax Act (penalty for late payment
11		or nonpayment of admitted liability); or
12		(2) the full amount of any tax required to be shown due
13		on a return and which is not shown (penalty for late
14		payment or nonpayment of additional liability), within 30
15		days after a notice of arithmetic error, notice and
16		demand, or a final assessment is issued by the Department.
17		In the case of a final assessment arising following a
18		protest and hearing, the 30-day period shall not begin
19		until all proceedings in court for review of the final
20		assessment have terminated or the period for obtaining a
21		review has expired without proceedings for a review having
22		been instituted. In the case of a notice of tax liability
23		that becomes a final assessment without a protest and
24		hearing, the penalty provided in this paragraph (2) shall
25		be imposed at the expiration of the period provided for
26		the filing of a protest.

HB4844 Engrossed - 695 - LRB103 39009 AMC 69146 b
1		(b-10) This subsection (b-10) is applicable to returns due
2		on and after January 1, 2001 and on or before December 31,
3		2003. A penalty shall be imposed for failure to pay:
4		(1) the tax shown due on a return on or before the due
5		date prescribed for payment of that tax, an amount of
6		underpayment of estimated tax, or an amount that is
7		reported in an amended return other than an amended return
8		timely filed as required by subsection (b) of Section 506
9		of the Illinois Income Tax Act (penalty for late payment
10		or nonpayment of admitted liability). The amount of
11		penalty imposed under this subsection (b-10)(1) shall be
12		2% of any amount that is paid no later than 30 days after
13		the due date, 5% of any amount that is paid later than 30
14		days after the due date and not later than 90 days after
15		the due date, 10% of any amount that is paid later than 90
16		days after the due date and not later than 180 days after
17		the due date, and 15% of any amount that is paid later than
18		180 days after the due date. If notice and demand is made
19		for the payment of any amount of tax due and if the amount
20		due is paid within 30 days after the date of the notice and
21		demand, then the penalty for late payment or nonpayment of
22		admitted liability under this subsection (b-10)(1) on the
23		amount so paid shall not accrue for the period after the
24		date of the notice and demand.
25		(2) the full amount of any tax required to be shown due
26		on a return and that is not shown (penalty for late payment

HB4844 Engrossed - 696 - LRB103 39009 AMC 69146 b
1		or nonpayment of additional liability), within 30 days
2		after a notice of arithmetic error, notice and demand, or
3		a final assessment is issued by the Department. In the
4		case of a final assessment arising following a protest and
5		hearing, the 30-day period shall not begin until all
6		proceedings in court for review of the final assessment
7		have terminated or the period for obtaining a review has
8		expired without proceedings for a review having been
9		instituted. The amount of penalty imposed under this
10		subsection (b-10)(2) shall be 20% of any amount that is
11		not paid within the 30-day period. In the case of a notice
12		of tax liability that becomes a final assessment without a
13		protest and hearing, the penalty provided in this
14		subsection (b-10)(2) shall be imposed at the expiration of
15		the period provided for the filing of a protest.
16		(b-15) This subsection (b-15) is applicable to returns due
17		on and after January 1, 2004 and on or before December 31,
18		2004. A penalty shall be imposed for failure to pay the tax
19		shown due or required to be shown due on a return on or before
20		the due date prescribed for payment of that tax, an amount of
21		underpayment of estimated tax, or an amount that is reported
22		in an amended return other than an amended return timely filed
23		as required by subsection (b) of Section 506 of the Illinois
24		Income Tax Act (penalty for late payment or nonpayment of
25		admitted liability). The amount of penalty imposed under this
26		subsection (b-15)(1) shall be 2% of any amount that is paid no

HB4844 Engrossed - 697 - LRB103 39009 AMC 69146 b
1		later than 30 days after the due date, 10% of any amount that
2		is paid later than 30 days after the due date and not later
3		than 90 days after the due date, 15% of any amount that is paid
4		later than 90 days after the due date and not later than 180
5		days after the due date, and 20% of any amount that is paid
6		later than 180 days after the due date. If notice and demand is
7		made for the payment of any amount of tax due and if the amount
8		due is paid within 30 days after the date of this notice and
9		demand, then the penalty for late payment or nonpayment of
10		admitted liability under this subsection (b-15)(1) on the
11		amount so paid shall not accrue for the period after the date
12		of the notice and demand.
13		(b-20) This subsection (b-20) is applicable to returns due
14		on and after January 1, 2005 and before January 1, 2024.
15		(1) A penalty shall be imposed for failure to pay,
16		prior to the due date for payment, any amount of tax the
17		payment of which is required to be made prior to the filing
18		of a return or without a return (penalty for late payment
19		or nonpayment of estimated or accelerated tax). The amount
20		of penalty imposed under this paragraph (1) shall be 2% of
21		any amount that is paid no later than 30 days after the due
22		date and 10% of any amount that is paid later than 30 days
23		after the due date.
24		(2) A penalty shall be imposed for failure to pay the
25		tax shown due or required to be shown due on a return on or
26		before the due date prescribed for payment of that tax or

HB4844 Engrossed - 698 - LRB103 39009 AMC 69146 b
1		an amount that is reported in an amended return other than
2		an amended return timely filed as required by subsection
3		(b) of Section 506 of the Illinois Income Tax Act (penalty
4		for late payment or nonpayment of tax). The amount of
5		penalty imposed under this paragraph (2) shall be 2% of
6		any amount that is paid no later than 30 days after the due
7		date, 10% of any amount that is paid later than 30 days
8		after the due date and prior to the date the Department has
9		initiated an audit or investigation of the taxpayer, and
10		20% of any amount that is paid after the date the
11		Department has initiated an audit or investigation of the
12		taxpayer; provided that the penalty shall be reduced to
13		15% if the entire amount due is paid not later than 30 days
14		after the Department has provided the taxpayer with an
15		amended return (following completion of an occupation,
16		use, or excise tax audit) or a form for waiver of
17		restrictions on assessment (following completion of an
18		income tax audit); provided further that the reduction to
19		15% shall be rescinded if the taxpayer makes any claim for
20		refund or credit of the tax, penalties, or interest
21		determined to be due upon audit, except in the case of a
22		claim filed pursuant to subsection (b) of Section 506 of
23		the Illinois Income Tax Act or to claim a carryover of a
24		loss or credit, the availability of which was not
25		determined in the audit. For purposes of this paragraph
26		(2), any overpayment reported on an original return that

HB4844 Engrossed - 699 - LRB103 39009 AMC 69146 b
1		has been allowed as a refund or credit to the taxpayer
2		shall be deemed to have not been paid on or before the due
3		date for payment and any amount paid under protest
4		pursuant to the provisions of the State Officers and
5		Employees Money Disposition Act shall be deemed to have
6		been paid after the Department has initiated an audit and
7		more than 30 days after the Department has provided the
8		taxpayer with an amended return (following completion of
9		an occupation, use, or excise tax audit) or a form for
10		waiver of restrictions on assessment (following completion
11		of an income tax audit).
12		(3) The penalty imposed under this subsection (b-20)
13		shall be deemed assessed at the time the tax upon which the
14		penalty is computed is assessed, except that, if the
15		reduction of the penalty imposed under paragraph (2) of
16		this subsection (b-20) to 15% is rescinded because a claim
17		for refund or credit has been filed, the increase in
18		penalty shall be deemed assessed at the time the claim for
19		refund or credit is filed.
20		(b-25) This subsection (b-25) is applicable to returns due
21		on or after January 1, 2024.
22		(1) A penalty shall be imposed for failure to pay,
23		prior to the due date for payment, any amount of tax the
24		payment of which is required to be made prior to the filing
25		of a return or without a return (penalty for late payment
26		or nonpayment of estimated or accelerated tax). The amount

HB4844 Engrossed - 700 - LRB103 39009 AMC 69146 b
1		of penalty imposed under this paragraph (1) shall be 2% of
2		any amount that is paid no later than 30 days after the due
3		date and 10% of any amount that is paid later than 30 days
4		after the due date.
5		(2) A penalty shall be imposed for failure to pay the
6		tax shown due or required to be shown due on a return on or
7		before the due date prescribed for payment of that tax
8		(penalty for late payment or nonpayment of tax). The
9		amount of penalty imposed under this paragraph (2) shall
10		be 2% of any amount that is paid no later than 30 days
11		after the due date, 10% of any amount that is paid later
12		than 30 days after the due date and prior to the date the
13		Department initiates an audit or investigation of the
14		taxpayer, and 20% of any amount that is paid after the date
15		the Department initiates an audit or investigation of the
16		taxpayer; provided that the penalty shall be reduced to
17		15% if the entire amount due is paid not later than 30 days
18		after the Department provides the taxpayer with an amended
19		return (following completion of an occupation, use, or
20		excise tax audit) or a form for waiver of restrictions on
21		assessment (following completion of an income tax audit);
22		provided further that the reduction to 15% shall be
23		rescinded if the taxpayer makes any claim for refund or
24		credit of the tax, penalties, or interest determined to be
25		due upon audit, except in the case of a claim filed
26		pursuant to subsection (b) of Section 506 of the Illinois

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1		Income Tax Act or to claim a carryover of a loss or credit,
2		the availability of which was not determined in the audit.
3		For purposes of this paragraph (2):
4		(A) any overpayment reported on an original return
5		that has been allowed as a refund or credit to the
6		taxpayer shall be deemed to have not been paid on or
7		before the due date for payment;
8		(B) any amount paid under protest pursuant to the
9		provisions of the State Officers and Employees Money
10		Disposition Act shall be deemed to have been paid
11		after the Department has initiated an audit and more
12		than 30 days after the Department has provided the
13		taxpayer with an amended return (following completion
14		of an occupation, use, or excise tax audit) or a form
15		for waiver of restrictions on assessment (following
16		completion of an income tax audit); and
17		(C) any liability resulting from a federal change
18		required to be reported under subsection (b) of
19		Section 506 of the Illinois Income Tax Act that is
20		reported and paid no later than the due date for filing
21		the federal change amended return shall be deemed to
22		have been paid on or before the due date prescribed for
23		payment.
24		(3) The penalty imposed under this subsection (b-25)
25		shall be deemed assessed at the time the tax upon which the
26		penalty is computed is assessed, except that, if the

HB4844 Engrossed - 702 - LRB103 39009 AMC 69146 b
1		reduction of the penalty imposed under paragraph (2) of
2		this subsection (b-25) to 15% is rescinded because a claim
3		for refund or credit has been filed, the increase in
4		penalty shall be deemed assessed at the time the claim for
5		refund or credit is filed.
6		(c) For purposes of the late payment penalties, the basis
7		of the penalty shall be the tax shown or required to be shown
8		on a return, whichever is applicable, reduced by any part of
9		the tax which is paid on time and by any credit which was
10		properly allowable on the date the return was required to be
11		filed.
12		(d) A penalty shall be applied to the tax required to be
13		shown even if that amount is less than the tax shown on the
14		return.
15		(e) This subsection (e) is applicable to returns due
16		before January 1, 2001. If both a subsection (b)(1) or
17		(b-5)(1) penalty and a subsection (b)(2) or (b-5)(2) penalty
18		are assessed against the same return, the subsection (b)(2) or
19		(b-5)(2) penalty shall be assessed against only the additional
20		tax found to be due.
21		(e-5) This subsection (e-5) is applicable to returns due
22		on and after January 1, 2001. If both a subsection (b-10)(1)
23		penalty and a subsection (b-10)(2) penalty are assessed
24		against the same return, the subsection (b-10)(2) penalty
25		shall be assessed against only the additional tax found to be
26		due.

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1		(f) If the taxpayer has failed to file the return, the
2		Department shall determine the correct tax according to its
3		best judgment and information, which amount shall be prima
4		facie evidence of the correctness of the tax due.
5		(g) The time within which to file a return or pay an amount
6		of tax due without imposition of a penalty does not extend the
7		time within which to file a protest to a notice of tax
8		liability or a notice of deficiency.
9		(h) No return shall be determined to be unprocessable
10		because of the omission of any information requested on the
11		return pursuant to Section 2505-575 of the Department of
12		Revenue Law (20 ILCS 2505/2505-575).
13		(i) If a taxpayer has a tax liability for the taxable
14		period ending after June 30, 1983 and prior to July 1, 2002
15		that is eligible for amnesty under the Tax Delinquency Amnesty
16		Act and the taxpayer fails to satisfy the tax liability during
17		the amnesty period provided for in that Act for that taxable
18		period, then the penalty imposed by the Department under this
19		Section shall be imposed in an amount that is 200% of the
20		amount that would otherwise be imposed under this Section.
21		(j) If a taxpayer has a tax liability for the taxable
22		period ending after June 30, 2002 and prior to July 1, 2009
23		that is eligible for amnesty under the Tax Delinquency Amnesty
24		Act, except for any tax liability reported pursuant to Section
25		506(b) of the Illinois Income Tax Act (35 ILCS 5/506(b)) that
26		is not final, and the taxpayer fails to satisfy the tax

HB4844 Engrossed - 704 - LRB103 39009 AMC 69146 b
1		liability during the amnesty period provided for in that Act
2		for that taxable period, then the penalty imposed by the
3		Department under this Section shall be imposed in an amount
4		that is 200% of the amount that would otherwise be imposed
5		under this Section.
6		(Source: P.A. 103-98, eff. 1-1-24; revised 1-2-24.)
7		Section 220. The Illinois Independent Tax Tribunal Act of
8		2012 is amended by changing Section 1-60 as follows:
9		(35 ILCS 1010/1-60)
10		Sec. 1-60. Discovery and stipulation.
11		(a) The parties to the proceeding shall comply with the
12		Supreme Court Rules for Civil Proceedings in the Trial Court
13		regarding Discovery, Requests for Admission, and Pre-Trial
14		Procedure.
15		(b) An A administrative law judge or the clerk of the Tax
16		Tribunal, on the request of any party to the proceeding, shall
17		issue subpoenas requiring the attendance of witnesses and
18		giving of testimony and subpoenas duces tecum requiring the
19		production of evidence or things.
20		(c) Any employee of the Tax Tribunal designated in writing
21		for that purpose by the Chief Administrative Law Judge may
22		administer oaths.
23		(d) The Tax Tribunal may enforce its order on discovery
24		and other procedural issues, among other means, by deciding

HB4844 Engrossed - 705 - LRB103 39009 AMC 69146 b
1		issues wholly or partly against the offending party.
2		(Source: P.A. 97-1129, eff. 8-28-12; revised 9-21-23.)
3		Section 225. The Illinois Pension Code is amended by
4		changing Sections 15-198 and 16-127 as follows:
5		(40 ILCS 5/15-198)
6		Sec. 15-198. Application and expiration of new benefit
7		increases.
8		(a) As used in this Section, "new benefit increase" means
9		an increase in the amount of any benefit provided under this
10		Article, or an expansion of the conditions of eligibility for
11		any benefit under this Article, that results from an amendment
12		to this Code that takes effect after June 1, 2005 (the
13		effective date of Public Act 94-4). "New benefit increase",
14		however, does not include any benefit increase resulting from
15		the changes made to Article 1 or this Article by Public Act
16		100-23, Public Act 100-587, Public Act 100-769, Public Act
17		101-10, Public Act 101-610, Public Act 102-16, Public Act
18		103-80, or Public Act 103-548 or this amendatory Act of the
19		103rd General Assembly.
20		(b) Notwithstanding any other provision of this Code or
21		any subsequent amendment to this Code, every new benefit
22		increase is subject to this Section and shall be deemed to be
23		granted only in conformance with and contingent upon
24		compliance with the provisions of this Section.

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1		(c) The Public Act enacting a new benefit increase must
2		identify and provide for payment to the System of additional
3		funding at least sufficient to fund the resulting annual
4		increase in cost to the System as it accrues.
5		Every new benefit increase is contingent upon the General
6		Assembly providing the additional funding required under this
7		subsection. The Commission on Government Forecasting and
8		Accountability shall analyze whether adequate additional
9		funding has been provided for the new benefit increase and
10		shall report its analysis to the Public Pension Division of
11		the Department of Insurance. A new benefit increase created by
12		a Public Act that does not include the additional funding
13		required under this subsection is null and void. If the Public
14		Pension Division determines that the additional funding
15		provided for a new benefit increase under this subsection is
16		or has become inadequate, it may so certify to the Governor and
17		the State Comptroller and, in the absence of corrective action
18		by the General Assembly, the new benefit increase shall expire
19		at the end of the fiscal year in which the certification is
20		made.
21		(d) Every new benefit increase shall expire 5 years after
22		its effective date or on such earlier date as may be specified
23		in the language enacting the new benefit increase or provided
24		under subsection (c). This does not prevent the General
25		Assembly from extending or re-creating a new benefit increase
26		by law.

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1		(e) Except as otherwise provided in the language creating
2		the new benefit increase, a new benefit increase that expires
3		under this Section continues to apply to persons who applied
4		and qualified for the affected benefit while the new benefit
5		increase was in effect and to the affected beneficiaries and
6		alternate payees of such persons, but does not apply to any
7		other person, including, without limitation, a person who
8		continues in service after the expiration date and did not
9		apply and qualify for the affected benefit while the new
10		benefit increase was in effect.
11		(Source: P.A. 102-16, eff. 6-17-21; 103-80, eff. 6-9-23;
12		103-548, eff. 8-11-23; revised 8-31-23.)
13		(40 ILCS 5/16-127) (from Ch. 108 1/2, par. 16-127)
14		Sec. 16-127. Computation of creditable service.
15		(a) Each member shall receive regular credit for all
16		service as a teacher from the date membership begins, for
17		which satisfactory evidence is supplied and all contributions
18		have been paid.
19		(b) The following periods of service shall earn optional
20		credit and each member shall receive credit for all such
21		service for which satisfactory evidence is supplied and all
22		contributions have been paid as of the date specified:
23		(1) Prior service as a teacher.
24		(2) Service in a capacity essentially similar or
25		equivalent to that of a teacher, in the public common

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1		schools in school districts in this State not included
2		within the provisions of this System, or of any other
3		State, territory, dependency or possession of the United
4		States, or in schools operated by or under the auspices of
5		the United States, or under the auspices of any agency or
6		department of any other State, and service during any
7		period of professional speech correction or special
8		education experience for a public agency within this State
9		or any other State, territory, dependency or possession of
10		the United States, and service prior to February 1, 1951
11		as a recreation worker for the Illinois Department of
12		Public Safety, for a period not exceeding the lesser of
13		2/5 of the total creditable service of the member or 10
14		years. The maximum service of 10 years which is allowable
15		under this paragraph shall be reduced by the service
16		credit which is validated by other retirement systems
17		under paragraph (i) of Section 15-113 and paragraph 1 of
18		Section 17-133. Credit granted under this paragraph may
19		not be used in determination of a retirement annuity or
20		disability benefits unless the member has at least 5 years
21		of creditable service earned subsequent to this employment
22		with one or more of the following systems: Teachers'
23		Retirement System of the State of Illinois, State
24		Universities Retirement System, and the Public School
25		Teachers' Pension and Retirement Fund of Chicago. Whenever
26		such service credit exceeds the maximum allowed for all

HB4844 Engrossed - 709 - LRB103 39009 AMC 69146 b
1		purposes of this Article, the first service rendered in
2		point of time shall be considered. The changes to this
3		paragraph subdivision (b)(2) made by Public Act 86-272
4		shall apply not only to persons who on or after its
5		effective date (August 23, 1989) are in service as a
6		teacher under the System, but also to persons whose status
7		as such a teacher terminated prior to such effective date,
8		whether or not such person is an annuitant on that date.
9		(3) Any periods immediately following teaching
10		service, under this System or under Article 17, (or
11		immediately following service prior to February 1, 1951 as
12		a recreation worker for the Illinois Department of Public
13		Safety) spent in active service with the military forces
14		of the United States; periods spent in educational
15		programs that prepare for return to teaching sponsored by
16		the federal government following such active military
17		service; if a teacher returns to teaching service within
18		one calendar year after discharge or after the completion
19		of the educational program, a further period, not
20		exceeding one calendar year, between time spent in
21		military service or in such educational programs and the
22		return to employment as a teacher under this System; and a
23		period of up to 2 years of active military service not
24		immediately following employment as a teacher.
25		The changes to this Section and Section 16-128
26		relating to military service made by Public Act P.A.

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1		87-794 shall apply not only to persons who on or after its
2		effective date are in service as a teacher under the
3		System, but also to persons whose status as a teacher
4		terminated prior to that date, whether or not the person
5		is an annuitant on that date. In the case of an annuitant
6		who applies for credit allowable under this Section for a
7		period of military service that did not immediately follow
8		employment, and who has made the required contributions
9		for such credit, the annuity shall be recalculated to
10		include the additional service credit, with the increase
11		taking effect on the date the System received written
12		notification of the annuitant's intent to purchase the
13		credit, if payment of all the required contributions is
14		made within 60 days of such notice, or else on the first
15		annuity payment date following the date of payment of the
16		required contributions. In calculating the automatic
17		annual increase for an annuity that has been recalculated
18		under this Section, the increase attributable to the
19		additional service allowable under Public Act P.A. 87-794
20		shall be included in the calculation of automatic annual
21		increases accruing after the effective date of the
22		recalculation.
23		Credit for military service shall be determined as
24		follows: if entry occurs during the months of July,
25		August, or September and the member was a teacher at the
26		end of the immediately preceding school term, credit shall

HB4844 Engrossed - 711 - LRB103 39009 AMC 69146 b
1		be granted from July 1 of the year in which he or she
2		entered service; if entry occurs during the school term
3		and the teacher was in teaching service at the beginning
4		of the school term, credit shall be granted from July 1 of
5		such year. In all other cases where credit for military
6		service is allowed, credit shall be granted from the date
7		of entry into the service.
8		The total period of military service for which credit
9		is granted shall not exceed 5 years for any member unless
10		the service: (A) is validated before July 1, 1964, and (B)
11		does not extend beyond July 1, 1963. Credit for military
12		service shall be granted under this Section only if not
13		more than 5 years of the military service for which credit
14		is granted under this Section is used by the member to
15		qualify for a military retirement allotment from any
16		branch of the armed forces of the United States. The
17		changes to this paragraph subdivision (b)(3) made by
18		Public Act 86-272 shall apply not only to persons who on or
19		after its effective date (August 23, 1989) are in service
20		as a teacher under the System, but also to persons whose
21		status as such a teacher terminated prior to such
22		effective date, whether or not such person is an annuitant
23		on that date.
24		(4) Any periods served as a member of the General
25		Assembly.
26		(5)(i) Any periods for which a teacher, as defined in

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1		Section 16-106, is granted a leave of absence, provided he
2		or she returns to teaching service creditable under this
3		System or the State Universities Retirement System
4		following the leave; (ii) periods during which a teacher
5		is involuntarily laid off from teaching, provided he or
6		she returns to teaching following the lay-off; (iii)
7		periods prior to July 1, 1983 during which a teacher
8		ceased covered employment due to pregnancy, provided that
9		the teacher returned to teaching service creditable under
10		this System or the State Universities Retirement System
11		following the pregnancy and submits evidence satisfactory
12		to the Board documenting that the employment ceased due to
13		pregnancy; and (iv) periods prior to July 1, 1983 during
14		which a teacher ceased covered employment for the purpose
15		of adopting an infant under 3 years of age or caring for a
16		newly adopted infant under 3 years of age, provided that
17		the teacher returned to teaching service creditable under
18		this System or the State Universities Retirement System
19		following the adoption and submits evidence satisfactory
20		to the Board documenting that the employment ceased for
21		the purpose of adopting an infant under 3 years of age or
22		caring for a newly adopted infant under 3 years of age.
23		However, total credit under this paragraph (5) may not
24		exceed 3 years.
25		Any qualified member or annuitant may apply for credit
26		under item (iii) or (iv) of this paragraph (5) without

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1		regard to whether service was terminated before June 27,
2		1997 (the effective date of Public Act 90-32) this
3		amendatory Act of 1997. In the case of an annuitant who
4		establishes credit under item (iii) or (iv), the annuity
5		shall be recalculated to include the additional service
6		credit. The increase in annuity shall take effect on the
7		date the System receives written notification of the
8		annuitant's intent to purchase the credit, if the required
9		evidence is submitted and the required contribution paid
10		within 60 days of that notification, otherwise on the
11		first annuity payment date following the System's receipt
12		of the required evidence and contribution. The increase in
13		an annuity recalculated under this provision shall be
14		included in the calculation of automatic annual increases
15		in the annuity accruing after the effective date of the
16		recalculation.
17		Optional credit may be purchased under this paragraph
18		subsection (b)(5) for periods during which a teacher has
19		been granted a leave of absence pursuant to Section 24-13
20		of the School Code. A teacher whose service under this
21		Article terminated prior to the effective date of Public
22		Act P.A. 86-1488 shall be eligible to purchase such
23		optional credit. If a teacher who purchases this optional
24		credit is already receiving a retirement annuity under
25		this Article, the annuity shall be recalculated as if the
26		annuitant had applied for the leave of absence credit at

HB4844 Engrossed - 714 - LRB103 39009 AMC 69146 b
1		the time of retirement. The difference between the
2		entitled annuity and the actual annuity shall be credited
3		to the purchase of the optional credit. The remainder of
4		the purchase cost of the optional credit shall be paid on
5		or before April 1, 1992.
6		The change in this paragraph made by Public Act 86-273
7		shall be applicable to teachers who retire after June 1,
8		1989, as well as to teachers who are in service on that
9		date.
10		(6) Any days of unused and uncompensated accumulated
11		sick leave earned by a teacher. The service credit granted
12		under this paragraph shall be the ratio of the number of
13		unused and uncompensated accumulated sick leave days to
14		170 days, subject to a maximum of 2 years of service
15		credit. Prior to the member's retirement, each former
16		employer shall certify to the System the number of unused
17		and uncompensated accumulated sick leave days credited to
18		the member at the time of termination of service. The
19		period of unused sick leave shall not be considered in
20		determining the effective date of retirement. A member is
21		not required to make contributions in order to obtain
22		service credit for unused sick leave.
23		Credit for sick leave shall, at retirement, be granted
24		by the System for any retiring regional or assistant
25		regional superintendent of schools at the rate of 6 days
26		per year of creditable service or portion thereof

HB4844 Engrossed - 715 - LRB103 39009 AMC 69146 b
1		established while serving as such superintendent or
2		assistant superintendent.
3		(7) Periods prior to February 1, 1987 served as an
4		employee of the Illinois Mathematics and Science Academy
5		for which credit has not been terminated under Section
6		15-113.9 of this Code.
7		(8) Service as a substitute teacher for work performed
8		prior to July 1, 1990.
9		(9) Service as a part-time teacher for work performed
10		prior to July 1, 1990.
11		(10) Up to 2 years of employment with Southern
12		Illinois University - Carbondale from September 1, 1959 to
13		August 31, 1961, or with Governors State University from
14		September 1, 1972 to August 31, 1974, for which the
15		teacher has no credit under Article 15. To receive credit
16		under this item (10), a teacher must apply in writing to
17		the Board and pay the required contributions before May 1,
18		1993 and have at least 12 years of service credit under
19		this Article.
20		(11) Periods of service as a student teacher as
21		described in Section 24-8.5 of the School Code for which
22		the student teacher received a salary.
23		(b-1) A member may establish optional credit for up to 2
24		years of service as a teacher or administrator employed by a
25		private school recognized by the Illinois State Board of
26		Education, provided that the teacher (i) was certified under

HB4844 Engrossed - 716 - LRB103 39009 AMC 69146 b
1		the law governing the certification of teachers at the time
2		the service was rendered, (ii) applies in writing on or before
3		June 30, 2028, (iii) supplies satisfactory evidence of the
4		employment, (iv) completes at least 10 years of contributing
5		service as a teacher as defined in Section 16-106, and (v) pays
6		the contribution required in subsection (d-5) of Section
7		16-128. The member may apply for credit under this subsection
8		and pay the required contribution before completing the 10
9		years of contributing service required under item (iv), but
10		the credit may not be used until the item (iv) contributing
11		service requirement has been met.
12		(c) The service credits specified in this Section shall be
13		granted only if: (1) such service credits are not used for
14		credit in any other statutory tax-supported public employee
15		retirement system other than the federal Social Security
16		program; and (2) the member makes the required contributions
17		as specified in Section 16-128. Except as provided in
18		subsection (b-1) of this Section, the service credit shall be
19		effective as of the date the required contributions are
20		completed.
21		Any service credits granted under this Section shall
22		terminate upon cessation of membership for any cause.
23		Credit may not be granted under this Section covering any
24		period for which an age retirement or disability retirement
25		allowance has been paid.
26		Credit may not be granted under this Section for service

HB4844 Engrossed - 717 - LRB103 39009 AMC 69146 b
1		as an employee of an entity that provides substitute teaching
2		services under Section 2-3.173 of the School Code and is not a
3		school district.
4		(Source: P.A. 102-525, eff. 8-20-21; 103-17, eff. 6-9-23;
5		103-525, eff. 8-11-23; revised 9-5-23.)
6		Section 230. The Local Government Taxpayers' Bill of
7		Rights Act is amended by changing Section 30 as follows:
8		(50 ILCS 45/30)
9		Sec. 30. Statute of limitations. Units of local government
10		have an obligation to review tax returns in a timely manner and
11		issue any determination of tax due as promptly as possible so
12		that taxpayers may make timely corrections of future returns
13		and minimize any interest charges applied to tax
14		underpayments. Each unit of local government must provide
15		appropriate statutes of limitation for the determination and
16		assessment of taxes covered by this Act, provided, however,
17		that a statute of limitations may not exceed the following:
18		(1) No notice of determination of tax due or
19		assessment may be issued more than 5 years after the end of
20		the calendar year for which the return for the period was
21		filed or the end of the calendar year in which the return
22		for the period was due, whichever occurs later. An audit
23		or review that is timely performed under Section 35 of
24		this Act or Section 8-11-2.5 of the Illinois Municipal

HB4844 Engrossed - 718 - LRB103 39009 AMC 69146 b
1		Code shall toll the applicable 5-year period for a period
2		of not more than one 1 year.
3		(2) If any tax return was not filed or if during any
4		4-year period for which a notice of tax determination or
5		assessment may be issued by the unit of local government
6		the tax paid or remitted was less than 75% of the tax due
7		for that period, the statute of limitations shall be no
8		more than 6 years after the end of the calendar year in
9		which the return for the period was due or the end of the
10		calendar year in which the return for the period was
11		filed, whichever occurs later. In the event that a unit of
12		local government fails to provide a statute of
13		limitations, the maximum statutory period provided in this
14		Section applies.
15		(3) The changes to this Section made by Public Act
16		102-1144 this amendatory Act of the 102nd General Assembly do
17		not revive any determination and assessment of tax due where
18		the statute of limitations has expired as of March 17, 2023
19		(the effective date of Public Act 102-1144) this amendatory
20		Act of the 102nd General Assembly, but the changes do extend
21		the statute of limitations for the determination and
22		assessment of taxes where the statute of limitation has not
23		expired as of March 17, 2023 (the effective date of Public Act
24		102-1144) this amendatory Act of the 102nd General Assembly.
25		This Section does not place any limitation on a unit of
26		local government if a fraudulent tax return is filed.

HB4844 Engrossed - 719 - LRB103 39009 AMC 69146 b
1		(Source: P.A. 102-1144, eff. 3-17-23; revised 4-5-23.)
2		Section 235. The Uniform Peace Officers' Disciplinary Act
3		is amended by changing Section 7.2 as follows:
4		(50 ILCS 725/7.2)
5		Sec. 7.2. Possession of a Firearm Owner's Identification
6		Card. An employer of an officer shall not make possession of a
7		Firearm Owner's Identification Card a condition of continued
8		employment if the officer's Firearm Owner's Identification
9		Card is revoked or seized because the officer has been a
10		patient of a mental health facility and the officer has not
11		been determined to pose a clear and present danger to himself,
12		herself, or others as determined by a physician, clinical
13		psychologist, or qualified examiner. Nothing in is this
14		Section shall otherwise impair an employer's ability to
15		determine an officer's fitness for duty. On and after August
16		17, 2018 (the effective date of Public Act 100-911) this
17		amendatory Act of the 100th General Assembly, Section 6 of
18		this Act shall not apply to the prohibition requiring a
19		Firearm Owner's Identification Card as a condition of
20		continued employment, but a collective bargaining agreement
21		already in effect on that issue on August 17, 2018 (the
22		effective date of Public Act 100-911) this amendatory Act of
23		the 100th General Assembly cannot be modified. The employer
24		shall document if and why an officer has been determined to

HB4844 Engrossed - 720 - LRB103 39009 AMC 69146 b
1		pose a clear and present danger.
2		(Source: P.A. 100-911, eff. 8-17-18; 101-375, eff. 8-16-19;
3		revised 4-5-23.)
4		Section 240. The Counties Code is amended by changing
5		Sections 3-8002, 4-7001, 5-1022, and 5-1069.3 as follows:
6		(55 ILCS 5/3-8002) (from Ch. 34, par. 3-8002)
7		Sec. 3-8002. Applicability and adoption. The county board
8		of every county having a county police department merit board
9		established under the "The County Police Department Act",
10		approved August 7, 1967, as amended (repealed), or a merit
11		commission for sheriff's personnel established under Section
12		58.1 of "An Act to revise the law in relation to counties",
13		approved March 31, 1874, as amended (repealed), shall adopt
14		and implement the merit system provided by this Division and
15		shall modify the merit system now in effect in that county as
16		may be necessary to comply with this Division.
17		The county board of any county having a population of less
18		than 1,000,000 which does not have a merit board or merit
19		commission for sheriff's personnel may adopt and implement by
20		ordinance the merit system provided by this Division. If the
21		county board does not adopt such a merit system by an ordinance
22		and if a petition signed by not fewer than 5% or 1000,
23		whichever is less, of the registered electors of any such
24		county is filed with the county clerk requesting a referendum

HB4844 Engrossed - 721 - LRB103 39009 AMC 69146 b
1		on the adoption of a merit system for deputies in the office of
2		the Sheriff, the county board shall, by appropriate ordinance,
3		cause the question to be submitted to the electors of the
4		county, at a special or general election specified in such
5		ordinance, in accordance with the provisions of Section 28-3
6		of the "The Election Code", approved May 11, 1943, as now or
7		hereafter amended. Notice of the election shall be given as
8		provided in Article 12 of that Code such code. If a majority of
9		those voting on the proposition at such election vote in favor
10		thereof, the county board shall adopt and implement a merit
11		system provided in this Division. When a merit board or merit
12		commission for sheriff's personnel has been established in a
13		county, it may be abolished by the same procedure in which it
14		was established.
15		This Division does not apply to any county having a
16		population of more than 1,000,000 nor to any county which has
17		not elected to adopt the merit system provided by this
18		Division and which is not required to do so under this Section.
19		(Source: P.A. 86-962; revised 9-25-23.)
20		(55 ILCS 5/4-7001)
21		Sec. 4-7001. Coroner's fees. The fees of the coroner's
22		office shall be as follows:
23		1. For a copy of a transcript of sworn testimony:
24		$5.00 per page.
25		2. For a copy of an autopsy report (if not included in

HB4844 Engrossed - 722 - LRB103 39009 AMC 69146 b
1		transcript): $50.00.
2		3. For a copy of the verdict of a coroner's jury:
3		$5.00.
4		4. For a copy of a toxicology report: $25.00.
5		5. For a print of or an electronic file containing a
6		picture obtained by the coroner: actual cost or $3.00,
7		whichever is greater.
8		6. For each copy of miscellaneous reports, including
9		artist's drawings but not including police reports: actual
10		cost or $25.00, whichever is greater.
11		7. For a coroner's or medical examiner's permit to
12		cremate a dead human body: $100. The coroner may waive, at
13		his or her discretion, the permit fee if the coroner
14		determines that the person is indigent and unable to pay
15		the permit fee or under other special circumstances.
16		8. Except in a county with a population over
17		3,000,000, on and after January 1, 2024, for a certified
18		copy of a transcript of sworn testimony of a coroner's
19		inquest made by written request declaring the request is
20		for research or genealogy purposes: $15.00 for the entire
21		transcript. A request shall be deemed a proper request for
22		purpose of research or genealogy if the requested inquest
23		occurred not less than 20 years prior to the date of the
24		written request. The transcript shall be stamped with the
25		words "FOR GENEALOGY OR RESEARCH PURPOSES ONLY".
26		All of which fees shall be certified by the court; in the

HB4844 Engrossed - 723 - LRB103 39009 AMC 69146 b
1		case of inmates of any State charitable or penal institution,
2		the fees shall be paid by the operating department or
3		commission, out of the State Treasury. The coroner shall file
4		his or her claim in probate for his or her fees and he or she
5		shall render assistance to the State's Attorney attorney in
6		the collection of such fees out of the estate of the deceased.
7		In counties of less than 1,000,000 population, the State's
8		Attorney attorney shall collect such fees out of the estate of
9		the deceased.
10		Except in a county with a population over 3,000,000, on
11		and after January 1, 2024, the coroner may waive, at his or her
12		discretion, any fees under this Section if the coroner
13		determines that the person is indigent and unable to pay the
14		fee or under other special circumstances as determined by the
15		coroner.
16		Except as otherwise provided in this Section, whenever the
17		coroner is required by law to perform any of the duties of the
18		office of the sheriff, the coroner is entitled to the like fees
19		and compensation as are allowed by law to the sheriff for the
20		performance of similar services.
21		Except as otherwise provided in this Section, whenever the
22		coroner of any county is required to travel in the performance
23		of his or her duties, he or she shall receive the same mileage
24		fees as are authorized for the sheriff of such county.
25		All fees under this Section collected by or on behalf of
26		the coroner's office shall be paid over to the county

HB4844 Engrossed - 724 - LRB103 39009 AMC 69146 b
1		treasurer and deposited into a special account in the county
2		treasury. Moneys in the special account shall be used solely
3		for the purchase of electronic and forensic identification
4		equipment or other related supplies and the operating expenses
5		of the coroner's office.
6		The changes made by Public Act 103-73 this amendatory Act
7		of the 103rd General Assembly do not apply retroactively.
8		(Source: P.A. 103-29, eff. 7-1-23; 103-73, eff. 1-1-24;
9		revised 12-12-23.)
10		(55 ILCS 5/5-1022)
11		Sec. 5-1022. Competitive bids.
12		(a) Any purchase by a county with fewer than 2,000,000
13		inhabitants of services, materials, equipment or supplies in
14		excess of $30,000, other than professional services, shall be
15		contracted for in one of the following ways:
16		(1) by a contract let to the lowest responsible bidder
17		after advertising for bids in a newspaper published within
18		the county or, if no newspaper is published within the
19		county, then a newspaper having general circulation within
20		the county; or
21		(2) by a contract let without advertising for bids in
22		the case of an emergency if authorized by the county
23		board; or .
24		(3) by a contract let without advertising for bids in
25		the case of the expedited replacement of a disabled,

HB4844 Engrossed - 725 - LRB103 39009 AMC 69146 b
1		inoperable, or damaged patrol vehicle of the sheriff's
2		department if authorized by the county board.
3		(b) In determining the lowest responsible bidder, the
4		county board shall take into consideration the qualities of
5		the articles supplied; their conformity with the
6		specifications; their suitability to the requirements of the
7		county; the availability of support services; the uniqueness
8		of the service, materials, equipment, or supplies as it
9		applies to networked, integrated computer systems; the
10		compatibility to existing equipment; and the delivery terms.
11		In addition, the county board may take into consideration the
12		bidder's active participation in an applicable apprenticeship
13		program registered with the United States Department of Labor.
14		The county board also may take into consideration whether a
15		bidder is a private enterprise or a State-controlled
16		enterprise and, notwithstanding any other provision of this
17		Section or a lower bid by a State-controlled enterprise, may
18		let a contract to the lowest responsible bidder that is a
19		private enterprise.
20		(c) This Section does not apply to contracts by a county
21		with the federal government or to purchases of used equipment,
22		purchases at auction or similar transactions which by their
23		very nature are not suitable to competitive bids, pursuant to
24		an ordinance adopted by the county board.
25		(d) Notwithstanding the provisions of this Section, a
26		county may let without advertising for bids in the case of

HB4844 Engrossed - 726 - LRB103 39009 AMC 69146 b
1		purchases and contracts, when individual orders do not exceed
2		$35,000, for the use, purchase, delivery, movement, or
3		installation of data processing equipment, software, or
4		services and telecommunications and inter-connect equipment,
5		software, and services.
6		(e) A county may require, as a condition of any contract
7		for goods and services, that persons awarded a contract with
8		the county and all affiliates of the person collect and remit
9		Illinois Use Tax on all sales of tangible personal property
10		into the State of Illinois in accordance with the provisions
11		of the Illinois Use Tax Act regardless of whether the person or
12		affiliate is a "retailer maintaining a place of business
13		within this State" as defined in Section 2 of the Use Tax Act.
14		For purposes of this subsection (e), the term "affiliate"
15		means any entity that (1) directly, indirectly, or
16		constructively controls another entity, (2) is directly,
17		indirectly, or constructively controlled by another entity, or
18		(3) is subject to the control of a common entity. For purposes
19		of this subsection (e), an entity controls another entity if
20		it owns, directly or individually, more than 10% of the voting
21		securities of that entity. As used in this subsection (e), the
22		term "voting security" means a security that (1) confers upon
23		the holder the right to vote for the election of members of the
24		board of directors or similar governing body of the business
25		or (2) is convertible into, or entitles the holder to receive
26		upon its exercise, a security that confers such a right to

HB4844 Engrossed - 727 - LRB103 39009 AMC 69146 b
1		vote. A general partnership interest is a voting security.
2		(f) Bids submitted to, and contracts executed by, the
3		county may require a certification by the bidder or contractor
4		that the bidder or contractor is not barred from bidding for or
5		entering into a contract under this Section and that the
6		bidder or contractor acknowledges that the county may declare
7		the contract void if the certification completed pursuant to
8		this subsection (f) is false.
9		(Source: P.A. 103-14, eff. 1-1-24; 103-286, eff. 7-28-23;
10		revised 12-12-23.)
11		(55 ILCS 5/5-1069.3)
12		Sec. 5-1069.3. Required health benefits. If a county,
13		including a home rule county, is a self-insurer for purposes
14		of providing health insurance coverage for its employees, the
15		coverage shall include coverage for the post-mastectomy care
16		benefits required to be covered by a policy of accident and
17		health insurance under Section 356t and the coverage required
18		under Sections 356g, 356g.5, 356g.5-1, 356q, 356u, 356w, 356x,
19		356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11,
20		356z.12, 356z.13, 356z.14, 356z.15, 356z.22, 356z.25, 356z.26,
21		356z.29, 356z.30a, 356z.32, 356z.33, 356z.36, 356z.40,
22		356z.41, 356z.45, 356z.46, 356z.47, 356z.48, 356z.51, 356z.53,
23		356z.54, 356z.56, 356z.57, 356z.59, 356z.60, and 356z.61, and
24		356z.62, 356z.64, 356z.67, 356z.68, and 356z.70 of the
25		Illinois Insurance Code. The coverage shall comply with

HB4844 Engrossed - 728 - LRB103 39009 AMC 69146 b
1		Sections 155.22a, 355b, 356z.19, and 370c of the Illinois
2		Insurance Code. The Department of Insurance shall enforce the
3		requirements of this Section. The requirement that health
4		benefits be covered as provided in this Section is an
5		exclusive power and function of the State and is a denial and
6		limitation under Article VII, Section 6, subsection (h) of the
7		Illinois Constitution. A home rule county to which this
8		Section applies must comply with every provision of this
9		Section.
10		Rulemaking authority to implement Public Act 95-1045, if
11		any, is conditioned on the rules being adopted in accordance
12		with all provisions of the Illinois Administrative Procedure
13		Act and all rules and procedures of the Joint Committee on
14		Administrative Rules; any purported rule not so adopted, for
15		whatever reason, is unauthorized.
16		(Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22;
17		102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff.
18		1-1-22; 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731,
19		eff. 1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22;
20		102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff.
21		1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91,
22		eff. 1-1-24; 103-420, eff. 1-1-24; 103-445, eff. 1-1-24;
23		103-535, eff. 8-11-23; 103-551, eff. 8-11-23; revised
24		8-29-23.)
25		Section 245. The Illinois Municipal Code is amended by

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1		changing Sections 8-4-1 and 10-4-2.3 as follows:
2		(65 ILCS 5/8-4-1) (from Ch. 24, par. 8-4-1)
3		Sec. 8-4-1. No bonds shall be issued by the corporate
4		authorities of any municipality until the question of
5		authorizing such bonds has been submitted to the electors of
6		that municipality provided that notice of the bond referendum,
7		if held before July 1, 1999, has been given in accordance with
8		the provisions of Section 12-5 of the Election Code in effect
9		at the time of the bond referendum, at least 10 and not more
10		than 45 days before the date of the election, notwithstanding
11		the time for publication otherwise imposed by Section 12-5,
12		and approved by a majority of the electors voting upon that
13		question. Notices required in connection with the submission
14		of public questions on or after July 1, 1999 shall be as set
15		forth in Section 12-5 of the Election Code. The clerk shall
16		certify the proposition of the corporate authorities to the
17		proper election authority who shall submit the question at an
18		election in accordance with the general election law, subject
19		to the notice provisions set forth in this Section.
20		Notice of any such election shall contain the amount of
21		the bond issue, purpose for which issued, and maximum rate of
22		interest.
23		In addition to all other authority to issue bonds, the
24		Village of Indian Head Park is authorized to issue bonds for
25		the purpose of paying the costs of making roadway improvements

HB4844 Engrossed - 730 - LRB103 39009 AMC 69146 b
1		in an amount not to exceed the aggregate principal amount of
2		$2,500,000, provided that 60% of the votes cast at the general
3		primary election held on March 18, 2014 are cast in favor of
4		the issuance of the bonds, and the bonds are issued by December
5		31, 2014.
6		However, without the submission of the question of issuing
7		bonds to the electors, the corporate authorities of any
8		municipality may authorize the issuance of any of the
9		following bonds:
10		(1) Bonds to refund any existing bonded indebtedness;
11		(2) Bonds to fund or refund any existing judgment
12		indebtedness;
13		(3) In any municipality of less than 500,000
14		population, bonds to anticipate the collection of
15		installments of special assessments and special taxes
16		against property owned by the municipality and to
17		anticipate the collection of the amount apportioned to the
18		municipality as public benefits under Article 9;
19		(4) Bonds issued by any municipality under Sections
20		8-4-15 through 8-4-23, 11-23-1 through 11-23-12, 11-26-1
21		through 11-26-6, 11-71-1 through 11-71-10, 11-74.3-1
22		through 11-74.3-7, 11-74.4-1 through 11-74.4-11, 11-74.5-1
23		through 11-74.5-15, 11-94-1 through 11-94-7, 11-102-1
24		through 11-102-10, 11-103-11 through 11-103-15, 11-118-1
25		through 11-118-6, 11-119-1 through 11-119-5, 11-129-1
26		through 11-129-7, 11-133-1 through 11-133-4, 11-139-1

HB4844 Engrossed - 731 - LRB103 39009 AMC 69146 b
1		through 11-139-12, 11-141-1 through 11-141-18 of this
2		Code, or 10-801 through 10-808 of the Illinois Highway
3		Code, as amended;
4		(5) Bonds issued by the board of education of any
5		school district under the provisions of Sections 34-30
6		through 34-36 of the The School Code, as amended;
7		(6) Bonds issued by any municipality under the
8		provisions of Division 6 of this Article 8; and by any
9		municipality under the provisions of Division 7 of this
10		Article 8; or under the provisions of Sections 11-121-4
11		and 11-121-5;
12		(7) Bonds to pay for the purchase of voting machines
13		by any municipality that has adopted Article 24 of the The
14		Election Code, approved May 11, 1943, as amended;
15		(8) Bonds issued by any municipality under Sections 15
16		and 46 of the "Environmental Protection Act", approved
17		June 29, 1970;
18		(9) Bonds issued by the corporate authorities of any
19		municipality under the provisions of Section 8-4-25 of
20		this Article 8;
21		(10) Bonds issued under Section 8-4-26 of this Article
22		8 by any municipality having a board of election
23		commissioners;
24		(11) Bonds issued under the provisions of the Special
25		Service Area Tax Act (repealed) "An Act to provide the
26		manner of levying or imposing taxes for the provision of

HB4844 Engrossed - 732 - LRB103 39009 AMC 69146 b
1		special services to areas within the boundaries of home
2		rule units and nonhome rule municipalities and counties",
3		approved September 21, 1973;
4		(12) Bonds issued under Section 8-5-16 of this Code;
5		(13) Bonds to finance the cost of the acquisition,
6		construction, or improvement of water or wastewater
7		treatment facilities mandated by an enforceable compliance
8		schedule developed in connection with the federal Clean
9		Water Act or a compliance order issued by the United
10		States Environmental Protection Agency or the Illinois
11		Pollution Control Board; provided that such bonds are
12		authorized by an ordinance adopted by a three-fifths
13		majority of the corporate authorities of the municipality
14		issuing the bonds which ordinance shall specify that the
15		construction or improvement of such facilities is
16		necessary to alleviate an emergency condition in such
17		municipality;
18		(14) Bonds issued by any municipality pursuant to
19		Section 11-113.1-1;
20		(15) Bonds issued under Sections 11-74.6-1 through
21		11-74.6-45, the Industrial Jobs Recovery Law of this Code;
22		(16) Bonds issued under the Innovation Development and
23		Economy Act, except as may be required by Section 35 of
24		that Act.
25		(Source: P.A. 102-587, eff. 1-1-22; revised 9-25-23.)

HB4844 Engrossed - 733 - LRB103 39009 AMC 69146 b
1		(65 ILCS 5/10-4-2.3)
2		Sec. 10-4-2.3. Required health benefits. If a
3		municipality, including a home rule municipality, is a
4		self-insurer for purposes of providing health insurance
5		coverage for its employees, the coverage shall include
6		coverage for the post-mastectomy care benefits required to be
7		covered by a policy of accident and health insurance under
8		Section 356t and the coverage required under Sections 356g,
9		356g.5, 356g.5-1, 356q, 356u, 356w, 356x, 356z.4, 356z.4a,
10		356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13,
11		356z.14, 356z.15, 356z.22, 356z.25, 356z.26, 356z.29,
12		356z.30a, 356z.32, 356z.33, 356z.36, 356z.40, 356z.41,
13		356z.45, 356z.46, 356z.47, 356z.48, 356z.51, 356z.53, 356z.54,
14		356z.56, 356z.57, 356z.59, 356z.60, and 356z.61, and 356z.62,
15		356z.64, 356z.67, 356z.68, and 356z.70 of the Illinois
16		Insurance Code. The coverage shall comply with Sections
17		155.22a, 355b, 356z.19, and 370c of the Illinois Insurance
18		Code. The Department of Insurance shall enforce the
19		requirements of this Section. The requirement that health
20		benefits be covered as provided in this is an exclusive power
21		and function of the State and is a denial and limitation under
22		Article VII, Section 6, subsection (h) of the Illinois
23		Constitution. A home rule municipality to which this Section
24		applies must comply with every provision of this Section.
25		Rulemaking authority to implement Public Act 95-1045, if
26		any, is conditioned on the rules being adopted in accordance

HB4844 Engrossed - 734 - LRB103 39009 AMC 69146 b
1		with all provisions of the Illinois Administrative Procedure
2		Act and all rules and procedures of the Joint Committee on
3		Administrative Rules; any purported rule not so adopted, for
4		whatever reason, is unauthorized.
5		(Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22;
6		102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff.
7		1-1-22; 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731,
8		eff. 1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22;
9		102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff.
10		1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91,
11		eff. 1-1-24; 103-420, eff. 1-1-24; 103-445, eff. 1-1-24;
12		103-535, eff. 8-11-23; 103-551, eff. 8-11-23; revised
13		8-29-23.)
14		Section 250. The Fire Protection District Act is amended
15		by changing Section 20 as follows:
16		(70 ILCS 705/20) (from Ch. 127 1/2, par. 38.3)
17		Sec. 20. Disconnection by operation of law.
18		(a) Any territory within a fire protection district that
19		is or has been annexed to a municipality that provides fire
20		protection for property within such city, village or
21		incorporated town is, by operation of law, disconnected from
22		the fire protection district as of the January first after
23		such territory is annexed to the municipality as long as the
24		municipality has conducted a response-time study that shows,

HB4844 Engrossed - 735 - LRB103 39009 AMC 69146 b
1		at a minimum, estimated response times from the fire
2		protection district to the territory and estimated response
3		times of the municipal fire department from the territory or
4		in case any such territory has been so annexed prior to the
5		effective date of this amendatory Act of 1965, as of January 1,
6		1966.
7		(b) The disconnection by operation of law does not occur
8		if, within 60 days after such annexation or after the
9		effective date of this amendatory Act of 1965, whichever is
10		later, the fire protection district files with the appropriate
11		court and with the County Clerk of each county in which the
12		fire protection district is located, a petition alleging that
13		such disconnection will cause the territory remaining in the
14		district to be noncontiguous or that the loss of assessed
15		valuation by reason of such disconnection will impair the
16		ability of the district to render fully adequate fire
17		protection service to the territory remaining with the
18		district. When such a petition is filed, with the court and
19		with the County Clerk of each county in which the fire
20		protection district is located, the court shall set it for
21		hearing, and further proceedings shall be held, as provided in
22		Section 15 of this Act, except that the city, village or
23		incorporated town that annexed the territory shall be a
24		necessary party to the proceedings, and it shall be served
25		with summons in the manner for a party defendant under the
26		Civil Practice Law. At such hearing, the district has the

HB4844 Engrossed - 736 - LRB103 39009 AMC 69146 b
1		burden of proving the truth of the allegations in its
2		petition.
3		(c) If disconnection does not occur, then the city,
4		village or incorporated town in which part of a fire
5		protection district's territory is located, is prohibited from
6		levying the tax provided for by Section 11-7-1 of the
7		"Illinois Municipal Code" in such fire protection district
8		territory for services provided to the residents of such
9		territory by the fire protection district.
10		(d) If there are any general obligation bonds of the fire
11		protection district outstanding and unpaid at the time such
12		territory is disconnected from the fire protection district by
13		operation of this Section, such territory shall remain liable
14		for its proportionate share of such bonded indebtedness and
15		the fire protection district may continue to levy and extend
16		taxes upon the taxable property in such territory for the
17		purpose of amortizing such bonds until such time as sufficient
18		funds to retire such bonds have been collected.
19		(e) On and after January 1, 2000 (the effective date of
20		Public Act 91-307) this amendatory Act of the 91st General
21		Assembly, when territory is disconnected from a fire
22		protection district under this Section, the annexing
23		municipality shall pay, on or before December 31 of each year
24		for a period of 5 years after the effective date of the
25		disconnection, to the fire protection district from which the
26		territory was disconnected, an amount as follows:

HB4844 Engrossed - 737 - LRB103 39009 AMC 69146 b
1		(1) In the first year after the disconnection, an
2		amount equal to the real estate tax collected on the
3		property in the disconnected territory by the fire
4		protection district in the tax year immediately preceding
5		the year in which the disconnection took effect.
6		(2) In the second year after the disconnection, an
7		amount equal to 80% of the real estate tax collected on the
8		property in the disconnected territory by the fire
9		protection district in the tax year immediately preceding
10		the year in which the disconnection took effect.
11		(3) In the third year after the disconnection, an
12		amount equal to 60% of the real estate tax collected on the
13		property in the disconnected territory by the fire
14		protection district in the tax year immediately preceding
15		the year in which the disconnection took effect.
16		(4) In the fourth year after the disconnection, an
17		amount equal to 40% of the real estate tax collected on the
18		property in the disconnected territory by the fire
19		protection district in the tax year immediately preceding
20		the year in which the disconnection took effect.
21		(5) In the fifth year after the disconnection, an
22		amount equal to 20% of the real estate tax collected on the
23		property in the disconnected territory by the fire
24		protection district in the tax year immediately preceding
25		the year in which the disconnection took effect.
26		This subsection (e) applies to a fire protection district

HB4844 Engrossed - 738 - LRB103 39009 AMC 69146 b
1		only if the corporate authorities of the district do not file a
2		petition against the disconnection under subsection (b).
3		(f) A municipality that does not timely make the payment
4		required in subsection (e) and which refuses to make such
5		payment within 30 days following a written demand by the fire
6		protection district entitled to the payment or which causes a
7		fire protection district to incur an expense in order to
8		collect the amount to which it is entitled under subsection
9		(e) shall, in addition to the amount due under subsection (e),
10		be responsible to reimburse the fire protection district for
11		all costs incurred by the fire protection district in
12		collecting the amount due, including, but not limited to,
13		reasonable legal fees and court costs.
14		(Source: P.A. 102-574, eff. 1-1-22; 102-773, eff. 1-1-23;
15		revised 4-5-23.)
16		Section 255. The Illinois Waterway Ports Commission Act is
17		amended by changing Section 15 as follows:
18		(70 ILCS 1816/15)
19		Sec. 15. Powers.
20		(a) The Commission may request funding from any federal,
21		state, municipal, or local government or any other person or
22		organization for purposes of the Commission within the
23		Commission's jurisdiction. The individual port districts
24		within the Commission's jurisdiction retain authority to

HB4844 Engrossed - 739 - LRB103 39009 AMC 69146 b
1		request funding from any federal, state, municipal, or local
2		government or any other person or organization for purposes of
3		the individual port districts within the Commission area.
4		(b) The Commission may enter into a memorandum of
5		understanding or intergovernmental agreement with the State, a
6		unit of local government, or a federal governmental
7		organization in the performance of its duties. The Commission
8		may not exercise control over an a operation of a port district
9		established by any other law except by voluntary agreement
10		between the port district and the Commission.
11		(c) The Commission may perform any other act that may be
12		useful in performing its duties under Section 10 or powers
13		under this Section.
14		(Source: P.A. 103-214, eff. 6-30-23; revised 9-25-23.)
15		Section 260. The Emergency Services Districts Act is
16		amended by changing Section 11 as follows:
17		(70 ILCS 2005/11)
18		Sec. 11. Property tax; fees.
19		(a) An emergency services district organized under this
20		Act may levy and collect a general tax on the property situated
21		in the district, but the aggregate amount of taxes levied for
22		any one year shall not exceed the rate of .20% of value, as
23		equalized or assessed by the Department of Revenue. The board
24		of trustees shall determine and certify the amount to be

HB4844 Engrossed - 740 - LRB103 39009 AMC 69146 b
1		levied and shall return the same to the county clerk. The
2		limitation upon the tax rate may be increased or decreased
3		under the referendum provisions of the General Revenue Law of
4		Illinois.
5		In case the district is located in more than one county,
6		the board of trustees shall determine and certify the amount
7		to be levied upon the taxable property lying in each county and
8		return the same to the respective county clerks of the
9		counties in which the amount is to be levied. In order to
10		determine the amount to be levied upon the taxable property of
11		that part of the district lying in each county, the board shall
12		ascertain from the county clerk of the respective counties in
13		which the district lies the last ascertained equalized value
14		of the taxable property of the district lying in their
15		respective counties, then shall ascertain the rate per cent
16		required and shall, accordingly, apportion the whole amount to
17		be raised between the several parts of the district so lying in
18		the different counties. The tax provided for in this Section
19		shall be levied at the same time and in the same manner as
20		nearly as practicable as taxes are now levied for municipal
21		purposes under the laws of this State.
22		All general taxes under this Act, when collected, shall be
23		paid over to the treasurer of the board of trustees, who is
24		authorized to receive and receipt for the same.
25		(b) An emergency services A rescue squad district
26		organized under this Act may fix, charge, and collect fees for

HB4844 Engrossed - 741 - LRB103 39009 AMC 69146 b
1		rescue squad services and ambulance services within or outside
2		of the rescue squad district not exceeding the reasonable cost
3		of the service.
4		(Source: P.A. 103-134, eff. 1-1-24; 103-174, eff. 6-30-23;
5		revised 12-12-23.)
6		Section 265. The Metropolitan Transit Authority Act is
7		amended by changing Section 51 as follows:
8		(70 ILCS 3605/51)
9		Sec. 51. Free and reduced fare services; eligibility.
10		(a) Notwithstanding any law to the contrary, no later than
11		60 days following January 18, 2008 (the effective date of
12		Public Act 95-708) this amendatory Act of the 95th General
13		Assembly and until subsection (b) is implemented, any fixed
14		route public transportation services provided by, or under
15		grant or purchase of service contracts of, the Board shall be
16		provided without charge to all senior citizens of the
17		Metropolitan Region (as such term is defined in Section 1.03
18		of the Regional Transportation Authority Act 70 ILCS
19		3615/1.03) aged 65 and older, under such conditions as shall
20		be prescribed by the Board.
21		(b) Notwithstanding any law to the contrary, no later than
22		180 days following February 14, 2011 (the effective date of
23		Public Act 96-1527) this amendatory Act of the 96th General
24		Assembly, any fixed route public transportation services

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1		provided by, or under grant or purchase of service contracts
2		of, the Board shall be provided without charge to senior
3		citizens aged 65 and older who meet the income eligibility
4		limitation set forth in subsection (a-5) of Section 4 of the
5		Senior Citizens and Persons with Disabilities Property Tax
6		Relief Act, under such conditions as shall be prescribed by
7		the Board. The Department on Aging shall furnish all
8		information reasonably necessary to determine eligibility,
9		including updated lists of individuals who are eligible for
10		services without charge under this Section. After an initial
11		eligibility determination is made, an individual's eligibility
12		for free services shall automatically renew every 5 years
13		after receipt by the Authority of a copy of the individual's
14		government-issued identification card validating Illinois
15		residency. Nothing in this Section shall relieve the Board
16		from providing reduced fares as may be required by federal
17		law.
18		(c) The Board shall partner with the City of Chicago to
19		provide transportation at reduced fares for participants in
20		programs that offer employment and internship opportunities to
21		youth and young adults ages 14 through 24.
22		(Source: P.A. 103-241, eff. 1-1-24; 103-281, eff. 1-1-24;
23		revised 12-12-23.)
24		Section 270. The Illinois Library System Act is amended by
25		changing Section 3 as follows:

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1		(75 ILCS 10/3) (from Ch. 81, par. 113)
2		Sec. 3. The State Librarian and the Illinois State Library
3		staff shall administer the provisions of this Act and shall
4		prescribe such rules and regulations as are necessary to carry
5		the provisions of this Act into effect.
6		The rules and regulations established by the State
7		Librarian for the administration of this Act shall be designed
8		to achieve the following standards and objectives:
9		(A) Provide A provide library service for every
10		citizen in the State by extending library facilities to
11		areas not now served.
12		(B) Provide B provide library materials for student
13		needs at every educational level.
14		(C) Provide C provide adequate library materials to
15		satisfy the reference and research needs of the people of
16		this State.
17		(D) Provide D provide an adequate staff of
18		professionally trained librarians for the State.
19		(E) Adopt E adopt the American Library Association's
20		Library Bill of Rights that indicates materials should not
21		be proscribed or removed because of partisan or doctrinal
22		disapproval or, in the alternative, develop a written
23		statement declaring the inherent authority of the library
24		or library system to provide an adequate collection of
25		books and other materials sufficient in size and varied in

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1		kind and subject matter to satisfy the library needs of
2		the people of this State and prohibit the practice of
3		banning specific books or resources.
4		(F) Provide F provide adequate library outlets and
5		facilities convenient in time and place to serve the
6		people of this State.
7		(G) Encourage G encourage existing and new libraries
8		to develop library systems serving a sufficiently large
9		population to support adequate library service at
10		reasonable cost.
11		(H) Foster H foster the economic and efficient
12		utilization of public funds.
13		(I) Promote I promote the full utilization of local
14		pride, responsibility, initiative, and support of library
15		service and, at the same time, employ State aid as a
16		supplement to local support.
17		The Advisory Committee of the Illinois State Library shall
18		confer with, advise, and make recommendations to the State
19		Librarian regarding any matter under this Act and particularly
20		with reference to the formation of library systems.
21		(Source: P.A. 103-100, eff. 1-1-24; revised 1-2-24.)
22		Section 275. The School Code is amended by changing
23		Sections 2-3.25d-5, 2-3.25o, 2-3.163, 3-11, 10-17a, 10-20.67,
24		10-22.3f, 10-22.36, 10-22.39, 14-7.02, 14-8.02, 18-8.15, 19-6,
25		21B-30, 21B-50, 21B-70, 22-30, 24-2, 24-12, 24A-5, 26A-40,

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1		27-23.1, 27A-3, 27A-5, 27A-6, 27A-7, 27A-11.5, and 34-84, by
2		setting forth and renumbering multiple versions of Sections
3		2-3.196, 10-20.85, and 34-18.82, and by setting forth,
4		renumbering, and changing multiple versions of Section 22-95
5		as follows:
6		(105 ILCS 5/2-3.25d-5)
7		Sec. 2-3.25d-5. Targeted, Comprehensive, and Intensive
8		schools.
9		(a) Beginning in 2018, a school designated as
10		"Comprehensive" shall be defined as:
11		(1) a school that is among the lowest performing 5% of
12		schools in this State based on the multi-measures
13		accountability system defined in the State Plan, with
14		respect to the performance of the "all students" group;
15		(2) any high school with a graduation rate of less
16		than 67%;
17		(2.5) any school that has completed a full 4-year
18		cycle of Targeted School Improvement but remains
19		identified for Targeted Support for one or more of the
20		same student groups originally identified for Targeted
21		Support; or
22		(3) (blank).
23		The State Board of Education shall work with districts
24		with one or more schools in Comprehensive School Improvement
25		Status to perform a needs assessment to determine the

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1		district's core functions that are areas of strength and
2		weakness. The results from the needs assessment shall be used
3		by the district and school to identify goals and objectives
4		for improvement. The needs assessment shall include, at a
5		minimum, a review of the following areas: student performance
6		on State assessments; student performance on local
7		assessments; finances, including resource allocation reviews;
8		governance, including effectiveness of school leadership;
9		student engagement opportunities and access to those
10		opportunities; instructional practices; standards-aligned
11		curriculum; school climate and culture survey results; family
12		and community engagement; reflective stakeholder engagement;
13		continuous school improvement practices; educator and employee
14		quality, including staff continuity and turnover rates; and
15		alignment of professional development to continuous
16		improvement efforts.
17		(b) Beginning in 2018, a school designated as "Targeted"
18		shall be defined as a school in which one or more student
19		groups is performing at or below the level of the "all
20		students" group of schools designated Comprehensive, as
21		defined in paragraph (1) of subsection (a) of this Section.
22		(c) Beginning in 2023, a school designated as "Intensive"
23		shall be defined as a school that has completed a full 4-year
24		cycle of Comprehensive School Improvement but does not meet
25		the criteria to exit that status, as defined in the State Plan
26		referenced in subsection (b) of Section 2-3.25a of this Code,

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1		at the end of the cycle.
2		(d) All schools in school improvement status, including
3		Comprehensive, Targeted, and Intensive schools, must complete
4		a school-level needs assessment and develop and implement a
5		continuous improvement plan.
6		(Source: P.A. 103-175, eff. 6-30-23; revised 9-22-23.)
7		(105 ILCS 5/2-3.25o)
8		Sec. 2-3.25o. Registration and recognition of non-public
9		elementary and secondary schools.
10		(a) Findings. The General Assembly finds and declares (i)
11		that the Constitution of the State of Illinois provides that a
12		"fundamental goal of the People of the State is the
13		educational development of all persons to the limits of their
14		capacities" and (ii) that the educational development of every
15		school student serves the public purposes of the State. In
16		order to ensure that all Illinois students and teachers have
17		the opportunity to enroll and work in State-approved
18		educational institutions and programs, the State Board of
19		Education shall provide for the voluntary registration and
20		recognition of non-public elementary and secondary schools.
21		(b) Registration. All non-public elementary and secondary
22		schools in the State of Illinois may voluntarily register with
23		the State Board of Education on an annual basis. Registration
24		shall be completed in conformance with procedures prescribed
25		by the State Board of Education. Information required for

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1		registration shall include assurances of compliance (i) with
2		federal and State laws regarding health examination and
3		immunization, attendance, length of term, and
4		nondiscrimination, including assurances that the school will
5		not prohibit hairstyles historically associated with race,
6		ethnicity, or hair texture, including, but not limited to,
7		protective hairstyles such as braids, locks, and twists, and
8		(ii) with applicable fire and health safety requirements.
9		(c) Recognition. All non-public elementary and secondary
10		schools in the State of Illinois may voluntarily seek the
11		status of "Non-public School Recognition" from the State Board
12		of Education. This status may be obtained by compliance with
13		administrative guidelines and review procedures as prescribed
14		by the State Board of Education. The guidelines and procedures
15		must recognize that some of the aims and the financial bases of
16		non-public schools are different from public schools and will
17		not be identical to those for public schools, nor will they be
18		more burdensome. The guidelines and procedures must also
19		recognize the diversity of non-public schools and shall not
20		impinge upon the noneducational relationships between those
21		schools and their clientele.
22		(c-5) Prohibition against recognition. A non-public
23		elementary or secondary school may not obtain "Non-public
24		School Recognition" status unless the school requires all
25		certified and non-certified applicants for employment with the
26		school, after July 1, 2007, to authorize a fingerprint-based

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1		criminal history records check as a condition of employment to
2		determine if such applicants have been convicted of any of the
3		enumerated criminal or drug offenses set forth in Section
4		21B-80 of this Code or have been convicted, within 7 years of
5		the application for employment, of any other felony under the
6		laws of this State or of any offense committed or attempted in
7		any other state or against the laws of the United States that,
8		if committed or attempted in this State, would have been
9		punishable as a felony under the laws of this State.
10		Authorization for the check shall be furnished by the
11		applicant to the school, except that if the applicant is a
12		substitute teacher seeking employment in more than one
13		non-public school, a teacher seeking concurrent part-time
14		employment positions with more than one non-public school (as
15		a reading specialist, special education teacher, or
16		otherwise), or an educational support personnel employee
17		seeking employment positions with more than one non-public
18		school, then only one of the non-public schools employing the
19		individual shall request the authorization. Upon receipt of
20		this authorization, the non-public school shall submit the
21		applicant's name, sex, race, date of birth, social security
22		number, fingerprint images, and other identifiers, as
23		prescribed by the Illinois State Police, to the Illinois State
24		Police.
25		The Illinois State Police and Federal Bureau of
26		Investigation shall furnish, pursuant to a fingerprint-based

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1		criminal history records check, records of convictions,
2		forever and hereafter, until expunged, to the president or
3		principal of the non-public school that requested the check.
4		The Illinois State Police shall charge that school a fee for
5		conducting such check, which fee must be deposited into the
6		State Police Services Fund and must not exceed the cost of the
7		inquiry. Subject to appropriations for these purposes, the
8		State Superintendent of Education shall reimburse non-public
9		schools for fees paid to obtain criminal history records
10		checks under this Section.
11		A non-public school may not obtain recognition status
12		unless the school also performs a check of the Statewide Sex
13		Offender Database, as authorized by the Sex Offender Community
14		Notification Law, and the Statewide Murderer and Violent
15		Offender Against Youth Database, as authorized by the Murderer
16		and Violent Offender Against Youth Registration Act, for each
17		applicant for employment, after July 1, 2007, to determine
18		whether the applicant has been adjudicated of a sex offense or
19		of a murder or other violent crime against youth. The checks of
20		the Statewide Sex Offender Database and the Statewide
21		Stateside Murderer and Violent Offender Against Youth Database
22		must be conducted by the non-public school once for every 5
23		years that an applicant remains employed by the non-public
24		school..
25		Any information concerning the record of convictions
26		obtained by a non-public school's president or principal under

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1		this Section is confidential and may be disseminated only to
2		the governing body of the non-public school or any other
3		person necessary to the decision of hiring the applicant for
4		employment. A copy of the record of convictions obtained from
5		the Illinois State Police shall be provided to the applicant
6		for employment. Upon a check of the Statewide Sex Offender
7		Database, the non-public school shall notify the applicant as
8		to whether or not the applicant has been identified in the Sex
9		Offender Database as a sex offender. Any information
10		concerning the records of conviction obtained by the
11		non-public school's president or principal under this Section
12		for a substitute teacher seeking employment in more than one
13		non-public school, a teacher seeking concurrent part-time
14		employment positions with more than one non-public school (as
15		a reading specialist, special education teacher, or
16		otherwise), or an educational support personnel employee
17		seeking employment positions with more than one non-public
18		school may be shared with another non-public school's
19		principal or president to which the applicant seeks
20		employment. Any unauthorized release of confidential
21		information may be a violation of Section 7 of the Criminal
22		Identification Act.
23		No non-public school may obtain recognition status that
24		knowingly employs a person, hired after July 1, 2007, for whom
25		an Illinois State Police and Federal Bureau of Investigation
26		fingerprint-based criminal history records check and a

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1		Statewide Sex Offender Database check has not been initiated
2		or who has been convicted of any offense enumerated in Section
3		21B-80 of this Code or any offense committed or attempted in
4		any other state or against the laws of the United States that,
5		if committed or attempted in this State, would have been
6		punishable as one or more of those offenses. No non-public
7		school may obtain recognition status under this Section that
8		knowingly employs a person who has been found to be the
9		perpetrator of sexual or physical abuse of a minor under 18
10		years of age pursuant to proceedings under Article II of the
11		Juvenile Court Act of 1987.
12		In order to obtain recognition status under this Section,
13		a non-public school must require compliance with the
14		provisions of this subsection (c-5) from all employees of
15		persons or firms holding contracts with the school, including,
16		but not limited to, food service workers, school bus drivers,
17		and other transportation employees, who have direct, daily
18		contact with pupils. Any information concerning the records of
19		conviction or identification as a sex offender of any such
20		employee obtained by the non-public school principal or
21		president must be promptly reported to the school's governing
22		body.
23		Prior to the commencement of any student teaching
24		experience or required internship (which is referred to as
25		student teaching in this Section) in any non-public elementary
26		or secondary school that has obtained or seeks to obtain

HB4844 Engrossed - 753 - LRB103 39009 AMC 69146 b
1		recognition status under this Section, a student teacher is
2		required to authorize a fingerprint-based criminal history
3		records check. Authorization for and payment of the costs of
4		the check must be furnished by the student teacher to the chief
5		administrative officer of the non-public school where the
6		student teaching is to be completed. Upon receipt of this
7		authorization and payment, the chief administrative officer of
8		the non-public school shall submit the student teacher's name,
9		sex, race, date of birth, social security number, fingerprint
10		images, and other identifiers, as prescribed by the Illinois
11		State Police, to the Illinois State Police. The Illinois State
12		Police and the Federal Bureau of Investigation shall furnish,
13		pursuant to a fingerprint-based criminal history records
14		check, records of convictions, forever and hereinafter, until
15		expunged, to the chief administrative officer of the
16		non-public school that requested the check. The Illinois State
17		Police shall charge the school a fee for conducting the check,
18		which fee must be passed on to the student teacher, must not
19		exceed the cost of the inquiry, and must be deposited into the
20		State Police Services Fund. The school shall further perform a
21		check of the Statewide Sex Offender Database, as authorized by
22		the Sex Offender Community Notification Law, and of the
23		Statewide Murderer and Violent Offender Against Youth
24		Database, as authorized by the Murderer and Violent Offender
25		Against Youth Registration Act, for each student teacher. No
26		school that has obtained or seeks to obtain recognition status

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1		under this Section may knowingly allow a person to student
2		teach for whom a criminal history records check, a Statewide
3		Sex Offender Database check, and a Statewide Murderer and
4		Violent Offender Against Youth Database check have not been
5		completed and reviewed by the chief administrative officer of
6		the non-public school.
7		A copy of the record of convictions obtained from the
8		Illinois State Police must be provided to the student teacher.
9		Any information concerning the record of convictions obtained
10		by the chief administrative officer of the non-public school
11		is confidential and may be transmitted only to the chief
12		administrative officer of the non-public school or his or her
13		designee, the State Superintendent of Education, the State
14		Educator Preparation and Licensure Board, or, for
15		clarification purposes, the Illinois State Police or the
16		Statewide Sex Offender Database or Statewide Murderer and
17		Violent Offender Against Youth Database. Any unauthorized
18		release of confidential information may be a violation of
19		Section 7 of the Criminal Identification Act.
20		No school that has obtained or seeks to obtain recognition
21		status under this Section may knowingly allow a person to
22		student teach who has been convicted of any offense that would
23		subject him or her to license suspension or revocation
24		pursuant to Section 21B-80 of this Code or who has been found
25		to be the perpetrator of sexual or physical abuse of a minor
26		under 18 years of age pursuant to proceedings under Article II

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1		of the Juvenile Court Act of 1987.
2		Any school that has obtained or seeks to obtain
3		recognition status under this Section may not prohibit
4		hairstyles historically associated with race, ethnicity, or
5		hair texture, including, but not limited to, protective
6		hairstyles such as braids, locks, and twists.
7		(d) Public purposes. The provisions of this Section are in
8		the public interest, for the public benefit, and serve secular
9		public purposes.
10		(e) Definition. For purposes of this Section, a non-public
11		school means any non-profit, non-home-based, and non-public
12		elementary or secondary school that is in compliance with
13		Title VI of the Civil Rights Act of 1964 and attendance at
14		which satisfies the requirements of Section 26-1 of this Code.
15		(Source: P.A. 102-360, eff. 1-1-22; 102-538, eff. 8-20-21;
16		102-813, eff. 5-13-22; 103-111, eff. 6-29-23; revised
17		9-20-23.)
18		(105 ILCS 5/2-3.163)
19		Sec. 2-3.163. PUNS database information for students and
20		parents or guardians.
21		(a) The General Assembly makes all of the following
22		findings:
23		(1) Pursuant to Section 10-26 of the Department of
24		Human Services Act, the Department of Human Services
25		maintains a statewide database known as the PUNS database

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1		that records information about individuals with
2		intellectual disabilities or developmental disabilities
3		who are potentially in need of services.
4		(2) The Department of Human Services uses the data on
5		PUNS to select individuals for services as funding becomes
6		available, to develop proposals and materials for
7		budgeting, and to plan for future needs.
8		(3) The PUNS database is available for adults with
9		intellectual disabilities or developmental disabilities
10		who have unmet service needs anticipated in the next 5
11		years. The PUNS database is also available for children
12		with intellectual disabilities or developmental
13		disabilities with unmet service needs.
14		(4) Registration to be included on the PUNS database
15		is the first step toward receiving developmental
16		disabilities services in this State. A child or an adult
17		who is not on the PUNS database will not be in queue for
18		State developmental disabilities services.
19		(5) Lack of awareness and information about the PUNS
20		database results in underutilization or delays in
21		registration for the PUNS database by students with
22		intellectual disabilities or developmental disabilities
23		and their parents or guardians.
24		(a-5) The purpose of this Section is to ensure that each
25		student with an intellectual disability or a developmental
26		disability who has an individualized education program ("IEP")

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1		and the student's parents or guardian are informed about the
2		PUNS database, where to register for the PUNS database, and
3		whom they can contact for information about the PUNS database
4		and the PUNS database registration process. This Section is
5		not intended to change the PUNS database registration process
6		established by the Department of Human Services or to impose
7		any responsibility on the State Board of Education or a school
8		district to register students for the PUNS database.
9		(a-10) As used in this Section, "PUNS" means the
10		Prioritization of Urgency of Need for Services database or
11		PUNS database developed and maintained by the Department of
12		Human Services pursuant to Section 10-26 of the Department of
13		Human Services Act.
14		(b) The State Board of Education may work in consultation
15		with the Department of Human Services and with school
16		districts to ensure that all students with intellectual
17		disabilities or developmental disabilities and their parents
18		or guardians are informed about the PUNS database, as
19		described in subsections (c), (c-5), and (d) of this Section.
20		(c) The Department of Human Services, in consultation with
21		the State Board of Education, shall develop and implement an
22		online, computer-based training program for at least one
23		designated employee in every public school in this State to
24		educate the designated employee or employees about the PUNS
25		database and steps required to register students for the PUNS
26		database, including the documentation and information parents

HB4844 Engrossed - 758 - LRB103 39009 AMC 69146 b
1		or guardians will need for the registration process. The
2		training shall include instruction on identifying and
3		contacting the appropriate developmental disabilities
4		Independent Service Coordination agency ("ISC") to register
5		students for the PUNS database. The training of the designated
6		employee or employees shall also include information about
7		organizations and programs available in this State that offer
8		assistance to families in understanding the PUNS database and
9		navigating the PUNS database registration process. Each school
10		district shall post on its public website and include in its
11		student handbook the names of the designated trained employee
12		or employees in each school within the school district.
13		(c-5) During the student's annual IEP review meeting, if
14		the student has an intellectual disability or a developmental
15		disability, the student's IEP team shall determine the
16		student's PUNS database registration status based upon
17		information provided by the student's parents or guardian or
18		by the student. If it is determined that the student is not
19		registered for the PUNS database or if it is unclear whether
20		the student is registered for the PUNS database, the parents
21		or guardian and the student shall be referred to a designated
22		employee of the public school who has completed the training
23		described in subsection (c). The designated trained employee
24		shall provide the student's parents or guardian and the
25		student with the name, location, and contact information of
26		the appropriate ISC to contact in order to register the

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1		student for the PUNS database. The designated trained employee
2		shall also identify for the parents or guardian and the
3		student the information and documentation they will need to
4		complete the PUNS database registration process with the ISC,
5		and shall also provide information to the parents or guardian
6		and the student about organizations and programs available in
7		this State that offer information to families about the PUNS
8		database and the PUNS database registration process.
9		(d) The State Board of Education, in consultation with the
10		Department of Human Services, through school districts, shall
11		provide to the parents and guardians of each student with an
12		IEP a copy of the latest version of the Department of Human
13		Services's guide titled "Understanding PUNS: A Guide to
14		Prioritization for Urgency of Need for Services" each year at
15		the annual review meeting for the student's individualized
16		education program.
17		(e) (Blank).
18		(f) Subject to appropriation, the Department of Human
19		Services shall expand its selection of individuals from the
20		PUNS Prioritization of Urgency of Need for Services database
21		to include individuals who receive services through the
22		Children and Young Adults with Developmental Disabilities -
23		Support Waiver.
24		(Source: P.A. 102-57, eff. 7-9-21; 103-504, eff. 1-1-24;
25		103-546, eff. 8-11-23; revised 9-28-23.)

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1		(105 ILCS 5/2-3.196)
2		(This Section may contain text from a Public Act with a
3		delayed effective date)
4		(Section scheduled to be repealed on July 1, 2029)
5		Sec. 2-3.196. Discrimination, harassment, and retaliation
6		reporting.
7		(a) The requirements of this Section are subject to
8		appropriation.
9		(b) The State Board of Education shall build data
10		collection systems to allow the collection of data on reported
11		allegations of the conduct described in paragraph (1).
12		Beginning on August 1 of the year after the systems are
13		implemented and for each reporting school year beginning on
14		August 1 and ending on July 31 thereafter, each school
15		district, charter school, and nonpublic, nonsectarian
16		elementary or secondary school shall disclose to the State
17		Board of Education all of the following information:
18		(1) The total number of reported allegations of
19		discrimination, harassment, or retaliation against
20		students received by each school district, charter school,
21		or nonpublic, nonsectarian elementary or secondary school
22		during the reporting school year, defined as August 1 to
23		July 31, in each of the following categories:
24		(A) sexual harassment;
25		(B) discrimination or harassment on the basis of
26		race, color, or national origin;

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1		(C) discrimination or harassment on the basis of
2		sex;
3		(D) discrimination or harassment on the basis of
4		religion;
5		(E) discrimination or harassment on the basis of
6		disability; and
7		(F) retaliation.
8		(2) The status of allegations, as of the last day of
9		the reporting period, in each category under paragraph
10		(1).
11		Allegations shall be reported as unfounded, founded,
12		or investigation pending by the school district, charter
13		school, or nonpublic, nonsectarian elementary or secondary
14		school.
15		(c) A school district, charter school, or nonpublic,
16		nonsectarian elementary or secondary school may not include in
17		any disclosures required under this Section any information by
18		which an individual may be personally identified, including
19		the name of the victim or victims or those accused of an act of
20		alleged discrimination, harassment, or retaliation.
21		(d) If a school district, charter school, or nonpublic,
22		nonsectarian elementary or secondary school fails to disclose
23		the information required in subsection (b) of this Section by
24		July 31 of the reporting school year, the State Board of
25		Education shall provide a written request for disclosure to
26		the school district, charter school, or nonpublic,

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1		nonsectarian elementary or secondary school, thereby providing
2		the period of time in which the required information must be
3		disclosed. If a school district, charter school, or nonpublic,
4		nonsectarian elementary or secondary school fails to disclose
5		the information within 14 days after receipt of that written
6		request, the State Board of Education may petition the
7		Department of Human Rights to initiate a charge of a civil
8		rights violation pursuant to Section 5A-102 of the Illinois
9		Human Rights Act.
10		(e) The State Board of Education shall publish an annual
11		report aggregating the information reported by school
12		districts, charter schools, and nonpublic, nonsectarian
13		elementary or secondary schools under subsection (b) of this
14		Section. Data included in the report shall not be publicly
15		attributed to any individual school district, charter school,
16		or nonpublic, nonsectarian elementary or secondary school. The
17		report shall include the number of incidents reported between
18		August 1 and July 31 of the preceding reporting school year,
19		based on each of the categories identified under paragraph (1)
20		of this subsection (b).
21		The annual report shall be filed with the Department of
22		Human Rights and the General Assembly and made available to
23		the public by July 1 of the year following the reporting school
24		year. Data submitted by a school district, charter school, or
25		nonpublic, nonsectarian elementary or secondary school to
26		comply with this Section is confidential and exempt from the

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1		Freedom of Information Act.
2		(f) The State Board of Education may adopt any rules
3		deemed necessary for implementation of this Section.
4		(g) This Section is repealed on July 1, 2029.
5		(Source: P.A. 103-472, eff. 8-1-24.)
6		(105 ILCS 5/2-3.198)
7		Sec. 2-3.198 2-3.196. Teacher Vacancy Grant Pilot Program.
8		(a) Subject to appropriation, beginning in Fiscal Year
9		2024, the State Board of Education shall administer a 3-year
10		Teacher Vacancy Grant Pilot Program for the allocation of
11		formula grant funds to school districts to support the
12		reduction of unfilled teaching positions throughout the State.
13		The State Board shall identify which districts are eligible to
14		apply for a 3-year grant under this Section by reviewing the
15		State Board's Fiscal Year 2023 annual unfilled teaching
16		positions report to determine which districts designated as
17		Tier 1, Tier 2, and Tier 3 under Section 18-8.15 have the
18		greatest need for funds. Based on the National Center for
19		Education Statistics locale classifications, 60% of eligible
20		districts shall be rural districts and 40% of eligible
21		districts shall be urban districts. Continued funding for the
22		grant in Fiscal Year 2025 and Fiscal Year 2026 is subject to
23		appropriation. The State Board shall post, on its website,
24		information about the grant program and the list of identified
25		districts that are eligible to apply for a grant under this

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1		subsection.
2		(b) A school district that is determined to be eligible
3		for a grant under subsection (a) and that chooses to
4		participate in the program must submit an application to the
5		State Board that describes the relevant context for the need
6		for teacher vacancy support, suspected causes of teacher
7		vacancies in the district, and the district's plan in
8		utilizing grant funds to reduce unfilled teaching positions
9		throughout the district. If an eligible school district
10		chooses not to participate in the program, the State Board
11		shall identify a potential replacement district by using the
12		same methodology described in subsection (a).
13		(c) Grant funds awarded under this Section may be used for
14		financial incentives to support the recruitment and hiring of
15		teachers, programs and incentives to strengthen teacher
16		pipelines, or investments to sustain teachers and reduce
17		attrition among teachers. Grant funds shall be used only for
18		the purposes outlined in the district's application to the
19		State Board to reduce unfilled teaching positions. Grant funds
20		shall not be used for any purposes not approved by the State
21		Board.
22		(d) A school district that receives grant funds under this
23		Section shall submit an annual report to the State Board that
24		includes, but is not limited to, a summary of all grant-funded
25		activities implemented to reduce unfilled teaching positions,
26		progress towards reducing unfilled teaching positions, the

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1		number of unfilled teaching positions in the district in the
2		preceding fiscal year, the number of new teachers hired during
3		the program, the teacher attrition rate, the number of
4		individuals participating in any programs designed to reduce
5		attrition, the number of teachers retained using support of
6		the grant funds, participation in any strategic pathway
7		programs created under the program, and the number of and
8		participation in any new pathways into teaching positions
9		created under the program.
10		(e) No later than March 1, 2027, the State Board shall
11		submit a report to the Governor and the General Assembly on the
12		efficacy of the pilot program that includes a summary of the
13		information received under subsection (d) and an overview of
14		its activities to support grantees.
15		(Source: P.A. 103-8, eff. 6-7-23; revised 9-25-23.)
16		(105 ILCS 5/2-3.199)
17		Sec. 2-3.199 2-3.196. Computer Science Equity Grant
18		Program.
19		(a) Subject to appropriation, the State Board shall
20		establish a competitive grant program to support the
21		development or enhancement of computer science programs in the
22		K-12 schools. Eligible entities are regional offices of
23		education, intermediate service centers, State higher
24		education institutions, schools designated as laboratory
25		schools, and school districts. Approved entities shall be

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1		responsible for ensuring that appropriate facilities are
2		available and educators are appropriately trained on the use
3		of any technologies or devices acquired for the purposes of
4		the grant.
5		(b) Computer Science Equity Grant Program funds shall be
6		used in the following manner consistent with application
7		requirements established by the State Board of Education as
8		provided in this Article:
9		(1) to expand learning opportunities in grades K-12 to
10		ensure that all students have access to computer science
11		coursework that is aligned to rigorous State standards and
12		emerging labor market needs;
13		(2) to train and retrain teachers of grades K-12 to be
14		more proficient in the teaching of computer science by
15		providing professional development opportunities;
16		(3) to supply classrooms with materials and equipment
17		related to the teaching and learning of computer science;
18		and
19		(4) to more effectively recruit and better serve K-12
20		learners who are underrepresented in the computer science
21		labor market for enrollment in computer science
22		coursework.
23		(c) Computer Science Equity Grant Program funds shall be
24		made available to each eligible entity upon completion of an
25		application process that is consistent with rules established
26		by the State Board of Education. The application shall include

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1		the planned use of the funds; identification of need for the
2		funds that is supported by local, regional, and state data; a
3		plan for long-term sustainability; and a long-term plan for
4		continuous improvement.
5		(d) The State Board of Education shall adopt rules as may
6		be necessary to implement the provision of this Article,
7		including, but not limited to, the identification of
8		additional prioritization areas for each competitive grant
9		application cycle that are within the scope of the authorized
10		uses. Priority consideration for all applications will be
11		given for proposals that intend to serve a majority of
12		learners or teachers with gender or racial/ethnic identities
13		that are underrepresented in the computer science labor
14		market.
15		(e) Up to 2 renewals of the grant will be allowed,
16		providing the entity awarded satisfactorily completes
17		programmatic reporting and meets program objectives
18		commensurate with application requirements set forth by the
19		State Board of Education.
20		(f) Grants under the Computer Science Equity Grant Program
21		and funding levels for satisfactory applications may be
22		prorated according to the amount appropriated.
23		(Source: P.A. 103-264, eff. 1-1-24; revised 9-25-23.)
24		(105 ILCS 5/2-3.200)
25		Sec. 2-3.200 2-3.196. State Board of Education literacy

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1		assistance.
2		(a) The State Board of Education shall adopt and make
3		available all of the following to each publicly funded school
4		district by July 1, 2024:
5		(1) A rubric by which districts may evaluate curricula
6		and select and implement evidence-based, culturally
7		inclusive core reading instruction programs aligned with
8		the comprehensive literacy plan for the State described in
9		subsection (c).
10		(2) A template to support districts when developing
11		comprehensive, district-wide literacy plans that include
12		support for special student populations, including, at a
13		minimum, students with disabilities, multilingual
14		students, and bidialectal students.
15		(3) Guidance on evidence-based practices for effective
16		structures for training and deploying literacy coaches to
17		support teachers and close opportunity gaps among student
18		demographic groups.
19		(b) On or before January 1, 2025, the State Board of
20		Education shall develop and make available training
21		opportunities for educators in teaching reading that are
22		aligned with the comprehensive literacy plan described in
23		subsection (c) and consistent with State learning standards.
24		This support may include:
25		(1) the development of a microcredential or a series
26		of microcredentials in literacy instruction aligned with

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1		the comprehensive literacy plan described in subsection
2		(c) to be affixed to educator licenses upon successful
3		demonstration of the skill or completion of the required
4		coursework or assessment, or both, or online training
5		modules on literacy instruction, aligned with the
6		comprehensive literacy plan described in subsection (c)
7		and consistent with State learning standards, accepted for
8		continuing professional development units; and
9		(2) the creation and dissemination of a tool that
10		school districts, educators, and the public may use to
11		evaluate professional development and training programs
12		related to literacy instruction.
13		(c) In consultation with education stakeholders, the State
14		Board of Education shall develop and adopt a comprehensive
15		literacy plan for the State on or before January 31, 2024. The
16		comprehensive literacy plan shall consider, without
17		limitation, evidence-based research and culturally and
18		linguistically sustaining pedagogical approaches to meet the
19		needs of all students and shall, at a minimum, do all of the
20		following:
21		(1) Consider core instructional literacy practices and
22		practices related to the unique needs of and support for
23		specific student populations, including, at a minimum,
24		students with disabilities, multilingual students, and
25		bidialectal students, and the resources and support,
26		including professional learning for teachers, needed to

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1		effectively implement the literacy instruction.
2		(2) Provide guidance related to screening tools, the
3		administration of such screening tools, and the
4		interpretation of the resulting data to identify students
5		at risk of reading difficulties in grades kindergarten
6		through 2. This guidance shall outline instances in which
7		dyslexia screenings and other universal screeners are
8		appropriate for use with English learners.
9		(3) Provide guidance related to early literacy
10		intervention for students in grades kindergarten through 2
11		for schools to implement with students at risk of reading
12		difficulties, as well as literacy intervention for
13		students in grades 3 through 12 demonstrating reading
14		difficulties.
15		(4) Consider the impact of second language acquisition
16		and bilingual education on reading instruction in the
17		student's native language and English.
18		(5) Define key terminology, such as "evidence-based".
19		(6) Contextualize the interaction between elements of
20		the plan and existing laws and regulations that have
21		overlapping components, such as a multi-tiered system of
22		support.
23		(7) Focus on a comprehensive range of elements of
24		literacy, including phonological awareness; decoding
25		(phonics); encoding (spelling); vocabulary development,
26		including morphology, oracy, and reading fluency; and

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1		reading comprehension, including syntax and background and
2		content knowledge.
3		(Source: P.A. 103-402, eff. 7-28-23; revised 9-25-23.)
4		(105 ILCS 5/2-3.201)
5		Sec. 2-3.201 2-3.196. Children's Adversity Index. The
6		Illinois State Board of Education shall develop a community or
7		district-level Children's Adversity Index ("index") to measure
8		community childhood trauma exposure across the population of
9		children 3 through 18 years of age by May 31, 2025. This
10		cross-agency effort shall be led by the State Board of
11		Education and must include agencies that both collect the data
12		and will have an ultimate use for the index information,
13		including, but not limited to, the Governor's Office of Early
14		Childhood Development, the Department of Human Services, the
15		Department of Public Health, the Department of Innovation and
16		Technology, the Illinois Criminal Justice Information
17		Authority, the Department of Children and Family Services, and
18		the Department of Juvenile Justice. The State Board of
19		Education may also involve non-agency personnel with relevant
20		expertise. The index shall be informed by research and include
21		both adverse incident data, such as the number or rates of
22		students and families experiencing homelessness and the number
23		or percentages of children who have had contact with the child
24		welfare system, and indicators of aspects of a child's
25		environment that can undermine the child's sense of safety,

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1		stability, and bonding, including growing up in a household
2		with caregivers struggling with substance disorders or
3		instability due to parent or guardian separation or
4		incarceration of a parent or guardian, sibling, or other
5		member of the household, or exposure to community violence.
6		The index shall provide information that allows for measuring
7		progress, comparing school districts to the State average, and
8		that enables the index to be updated at least every 2 years.
9		The data shall be made publicly available. The initial
10		development of the index should leverage available data.
11		Personally identifiable information of any individual shall
12		not be revealed within this index.
13		(Source: P.A. 103-413, eff. 1-1-24; revised 9-25-23.)
14		(105 ILCS 5/2-3.202)
15		Sec. 2-3.202 2-3.196. Clothing resource materials. By no
16		later than July 1, 2024, the State Board of Education shall
17		make available to schools resource materials developed in
18		consultation with stakeholders regarding a student wearing or
19		accessorizing the student's graduation attire with general
20		items that may be used by the student to associate with,
21		identify, or declare the student's cultural, ethnic, or
22		religious identity or any other protected characteristic or
23		category identified in subsection (Q) of Section 1-103 of the
24		Illinois Human Rights Act. The State Board of Education shall
25		make the resource materials available on its Internet website.

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1		(Source: P.A. 103-463, eff. 8-4-23; revised 9-25-23.)
2		(105 ILCS 5/2-3.203)
3		Sec. 2-3.203 2-3.196. Mental health screenings. On or
4		before December 15, 2023, the State Board of Education, in
5		consultation with the Children's Behavioral Health
6		Transformation Officer, Children's Behavioral Health
7		Transformation Team, and the Office of the Governor, shall
8		file a report with the Governor and the General Assembly that
9		includes recommendations for implementation of mental health
10		screenings in schools for students enrolled in kindergarten
11		through grade 12. This report must include a landscape scan of
12		current district-wide screenings, recommendations for
13		screening tools, training for staff, and linkage and referral
14		for identified students.
15		(Source: P.A. 103-546, eff. 8-11-23; revised 9-25-23.)
16		(105 ILCS 5/3-11)
17		(Text of Section before amendment by P.A. 103-542)
18		Sec. 3-11. Institutes or inservice training workshops.
19		(a) In counties of less than 2,000,000 inhabitants, the
20		regional superintendent may arrange for or conduct district,
21		regional, or county institutes, or equivalent professional
22		educational experiences, not more than 4 days annually. Of
23		those 4 days, 2 days may be used as a teacher's and educational
24		support personnel workshop, when approved by the regional

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1		superintendent, up to 2 days may be used for conducting
2		parent-teacher conferences, or up to 2 days may be utilized as
3		parental institute days as provided in Section 10-22.18d.
4		Educational support personnel may be exempt from a workshop if
5		the workshop is not relevant to the work they do. A school
6		district may use one of its 4 institute days on the last day of
7		the school term. "Institute" or "Professional educational
8		experiences" means any educational gathering, demonstration of
9		methods of instruction, visitation of schools or other
10		institutions or facilities, sexual abuse and sexual assault
11		awareness seminar, or training in First Aid (which may include
12		cardiopulmonary resuscitation or defibrillator training) held
13		or approved by the regional superintendent and declared by the
14		regional superintendent him to be an institute day, or
15		parent-teacher conferences. With the concurrence of the State
16		Superintendent of Education, he or she may employ such
17		assistance as is necessary to conduct the institute. Two or
18		more adjoining counties may jointly hold an institute.
19		Institute instruction shall be free to holders of licenses
20		good in the county or counties holding the institute and to
21		those who have paid an examination fee and failed to receive a
22		license.
23		In counties of 2,000,000 or more inhabitants, the regional
24		superintendent may arrange for or conduct district, regional,
25		or county inservice training workshops, or equivalent
26		professional educational experiences, not more than 4 days

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1		annually. Of those 4 days, 2 days may be used as a teacher's
2		and educational support personnel workshop, when approved by
3		the regional superintendent, up to 2 days may be used for
4		conducting parent-teacher conferences, or up to 2 days may be
5		utilized as parental institute days as provided in Section
6		10-22.18d. Educational support personnel may be exempt from a
7		workshop if the workshop is not relevant to the work they do. A
8		school district may use one of those 4 days on the last day of
9		the school term. "Inservice Training Workshops" or
10		"Professional educational experiences" means any educational
11		gathering, demonstration of methods of instruction, visitation
12		of schools or other institutions or facilities, sexual abuse
13		and sexual assault awareness seminar, or training in First Aid
14		(which may include cardiopulmonary resuscitation or
15		defibrillator training) held or approved by the regional
16		superintendent and declared by him to be an inservice training
17		workshop, or parent-teacher conferences. With the concurrence
18		of the State Superintendent of Education, he may employ such
19		assistance as is necessary to conduct the inservice training
20		workshop. With the approval of the regional superintendent, 2
21		or more adjoining districts may jointly hold an inservice
22		training workshop. In addition, with the approval of the
23		regional superintendent, one district may conduct its own
24		inservice training workshop with subject matter consultants
25		requested from the county, State or any State institution of
26		higher learning.

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1		Such teachers institutes as referred to in this Section
2		may be held on consecutive or separate days at the option of
3		the regional superintendent having jurisdiction thereof.
4		Whenever reference is made in this Act to "teachers
5		institute", it shall be construed to include the inservice
6		training workshops or equivalent professional educational
7		experiences provided for in this Section.
8		Any institute advisory committee existing on April 1,
9		1995, is dissolved and the duties and responsibilities of the
10		institute advisory committee are assumed by the regional
11		office of education advisory board.
12		Districts providing inservice training programs shall
13		constitute inservice committees, 1/2 of which shall be
14		teachers, 1/4 school service personnel and 1/4 administrators
15		to establish program content and schedules.
16		The teachers institutes shall include teacher training
17		committed to (i) peer counseling programs and other
18		anti-violence and conflict resolution programs, including
19		without limitation programs for preventing at risk students
20		from committing violent acts, and (ii) educator ethics and
21		teacher-student conduct. Beginning with the 2009-2010 school
22		year, the teachers institutes shall include instruction on
23		prevalent student chronic health conditions. Beginning with
24		the 2016-2017 school year, the teachers institutes shall
25		include, at least once every 2 years, instruction on the
26		federal Americans with Disabilities Act as it pertains to the

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1		school environment.
2		(b) In this subsection (b):
3		"Trauma" is defined according to an event, an experience,
4		and effects. Individual trauma results from an event, series
5		of events, or set of circumstances that is experienced by an
6		individual as physically or emotionally harmful or life
7		threatening and that has lasting adverse effects on the
8		individual's functioning and mental, physical, social, or
9		emotional well-being. Collective trauma is a psychological
10		reaction to a traumatic event shared by any group of people.
11		This may include, but is not limited to, community violence,
12		experiencing racism and discrimination, and the lack of the
13		essential supports for well-being, such as educational or
14		economic opportunities, food, health care, housing, and
15		community cohesion. Trauma can be experienced by anyone,
16		though it is disproportionately experienced by members of
17		marginalized groups. Systemic and historical oppression, such
18		as racism, is often at the root of this inequity. Symptoms may
19		vary at different developmental stages and across different
20		cultural groups and different communities.
21		"Trauma-responsive learning environments" means learning
22		environments developed during an ongoing, multiyear-long
23		process that typically progresses across the following 3
24		stages:
25		(1) A school or district is "trauma aware" when it:
26		(A) has personnel that demonstrate a foundational

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1		understanding of a broad definition of trauma that is
2		developmentally and culturally based; includes
3		students, personnel, and communities; and recognizes
4		the potential effect on biological, cognitive,
5		academic, and social-emotional functioning; and
6		(B) recognizes that traumatic exposure can impact
7		behavior and learning and should be acknowledged in
8		policies, strategies, and systems of support for
9		students, families, and personnel.
10		(2) A school or district is "trauma responsive" when
11		it progresses from awareness to action in the areas of
12		policy, practice, and structural changes within a
13		multi-tiered system of support to promote safety, positive
14		relationships, and self-regulation while underscoring the
15		importance of personal well-being and cultural
16		responsiveness. Such progress may:
17		(A) be aligned with the Illinois Quality Framework
18		and integrated into a school or district's continuous
19		improvement process as evidence to support allocation
20		of financial resources;
21		(B) be assessed and monitored by a
22		multidisciplinary leadership team on an ongoing basis;
23		and
24		(C) involve the engagement and capacity building
25		of personnel at all levels to ensure that adults in the
26		learning environment are prepared to recognize and

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1		respond to those impacted by trauma.
2		(3) A school or district is healing centered when it
3		acknowledges its role and responsibility to the community,
4		fully responds to trauma, and promotes resilience and
5		healing through genuine, trusting, and creative
6		relationships. Such school schools or district districts
7		may:
8		(A) promote holistic and collaborative approaches
9		that are grounded in culture, spirituality, civic
10		engagement, and equity; and
11		(B) support agency within individuals, families,
12		and communities while engaging people in collective
13		action that moves from transactional to
14		transformational.
15		"Whole child" means using a child-centered, holistic,
16		equitable lens across all systems that prioritizes physical,
17		mental, and social-emotional health to ensure that every child
18		is healthy, safe, supported, challenged, engaged, and
19		protected.
20		Starting with the 2024-2025 school year, the teachers
21		institutes shall provide instruction on trauma-informed
22		practices and include the definitions of trauma,
23		trauma-responsive learning environments, and whole child set
24		forth in this subsection (b) before the first student
25		attendance day of each school year.
26		(Source: P.A. 103-413, eff. 1-1-24; revised 11-27-23.)

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1		(Text of Section after amendment by P.A. 103-542)
2		Sec. 3-11. Institutes or inservice training workshops.
3		(a) In counties of less than 2,000,000 inhabitants, the
4		regional superintendent may arrange for or conduct district,
5		regional, or county institutes, or equivalent professional
6		educational experiences, not more than 4 days annually. Of
7		those 4 days, 2 days may be used as a teachers, administrators,
8		and school support personnel workshop, when approved by the
9		regional superintendent, up to 2 days may be used for
10		conducting parent-teacher conferences, or up to 2 days may be
11		utilized as parental institute days as provided in Section
12		10-22.18d. School support personnel may be exempt from a
13		workshop if the workshop is not relevant to the work they do. A
14		school district may use one of its 4 institute days on the last
15		day of the school term. "Institute" or "Professional
16		educational experiences" means any educational gathering,
17		demonstration of methods of instruction, visitation of schools
18		or other institutions or facilities, sexual abuse and sexual
19		assault awareness seminar, or training in First Aid (which may
20		include cardiopulmonary resuscitation or defibrillator
21		training) held or approved by the regional superintendent and
22		declared by the regional superintendent him to be an institute
23		day, or parent-teacher conferences. With the concurrence of
24		the State Superintendent of Education, the regional
25		superintendent may employ such assistance as is necessary to

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1		conduct the institute. Two or more adjoining counties may
2		jointly hold an institute. Institute instruction shall be free
3		to holders of licenses good in the county or counties holding
4		the institute and to those who have paid an examination fee and
5		failed to receive a license.
6		In counties of 2,000,000 or more inhabitants, the regional
7		superintendent may arrange for or conduct district, regional,
8		or county inservice training workshops, or equivalent
9		professional educational experiences, not more than 4 days
10		annually. Of those 4 days, 2 days may be used as a teachers,
11		administrators, and school support personnel workshop, when
12		approved by the regional superintendent, up to 2 days may be
13		used for conducting parent-teacher conferences, or up to 2
14		days may be utilized as parental institute days as provided in
15		Section 10-22.18d. School support personnel may be exempt from
16		a workshop if the workshop is not relevant to the work they do.
17		A school district may use one of those 4 days on the last day
18		of the school term. "Inservice Training Workshops" or
19		"Professional educational experiences" means any educational
20		gathering, demonstration of methods of instruction, visitation
21		of schools or other institutions or facilities, sexual abuse
22		and sexual assault awareness seminar, or training in First Aid
23		(which may include cardiopulmonary resuscitation or
24		defibrillator training) held or approved by the regional
25		superintendent and declared by the regional superintendent to
26		be an inservice training workshop, or parent-teacher

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1		conferences. With the concurrence of the State Superintendent
2		of Education, the regional superintendent may employ such
3		assistance as is necessary to conduct the inservice training
4		workshop. With the approval of the regional superintendent, 2
5		or more adjoining districts may jointly hold an inservice
6		training workshop. In addition, with the approval of the
7		regional superintendent, one district may conduct its own
8		inservice training workshop with subject matter consultants
9		requested from the county, State or any State institution of
10		higher learning.
11		Such institutes as referred to in this Section may be held
12		on consecutive or separate days at the option of the regional
13		superintendent having jurisdiction thereof.
14		Whenever reference is made in this Act to "institute", it
15		shall be construed to include the inservice training workshops
16		or equivalent professional educational experiences provided
17		for in this Section.
18		Any institute advisory committee existing on April 1,
19		1995, is dissolved and the duties and responsibilities of the
20		institute advisory committee are assumed by the regional
21		office of education advisory board.
22		Districts providing inservice training programs shall
23		constitute inservice committees, 1/2 of which shall be
24		teachers, 1/4 school service personnel and 1/4 administrators
25		to establish program content and schedules.
26		In addition to other topics not listed in this Section,

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1		the teachers institutes may include training committed to
2		health conditions of students; social-emotional learning;
3		developing cultural competency; identifying warning signs of
4		mental illness and suicidal behavior in youth; domestic and
5		sexual violence and the needs of expectant and parenting
6		youth; protections and accommodations for students; educator
7		ethics; responding to child sexual abuse and grooming
8		behavior; and effective instruction in violence prevention and
9		conflict resolution. Institute programs in these topics shall
10		be credited toward hours of professional development required
11		for license renewal as outlined in subsection (e) of Section
12		21B-45.
13		(b) In this subsection (b):
14		"Trauma" is defined according to an event, an experience,
15		and effects. Individual trauma results from an event, series
16		of events, or set of circumstances that is experienced by an
17		individual as physically or emotionally harmful or life
18		threatening and that has lasting adverse effects on the
19		individual's functioning and mental, physical, social, or
20		emotional well-being. Collective trauma is a psychological
21		reaction to a traumatic event shared by any group of people.
22		This may include, but is not limited to, community violence,
23		experiencing racism and discrimination, and the lack of the
24		essential supports for well-being, such as educational or
25		economic opportunities, food, health care, housing, and
26		community cohesion. Trauma can be experienced by anyone,

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1		though it is disproportionately experienced by members of
2		marginalized groups. Systemic and historical oppression, such
3		as racism, is often at the root of this inequity. Symptoms may
4		vary at different developmental stages and across different
5		cultural groups and different communities.
6		"Trauma-responsive learning environments" means learning
7		environments developed during an ongoing, multiyear-long
8		process that typically progresses across the following 3
9		stages:
10		(1) A school or district is "trauma aware" when it:
11		(A) has personnel that demonstrate a foundational
12		understanding of a broad definition of trauma that is
13		developmentally and culturally based; includes
14		students, personnel, and communities; and recognizes
15		the potential effect on biological, cognitive,
16		academic, and social-emotional functioning; and
17		(B) recognizes that traumatic exposure can impact
18		behavior and learning and should be acknowledged in
19		policies, strategies, and systems of support for
20		students, families, and personnel.
21		(2) A school or district is "trauma responsive" when
22		it progresses from awareness to action in the areas of
23		policy, practice, and structural changes within a
24		multi-tiered system of support to promote safety, positive
25		relationships, and self-regulation while underscoring the
26		importance of personal well-being and cultural

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1		responsiveness. Such progress may:
2		(A) be aligned with the Illinois Quality Framework
3		and integrated into a school or district's continuous
4		improvement process as evidence to support allocation
5		of financial resources;
6		(B) be assessed and monitored by a
7		multidisciplinary leadership team on an ongoing basis;
8		and
9		(C) involve the engagement and capacity building
10		of personnel at all levels to ensure that adults in the
11		learning environment are prepared to recognize and
12		respond to those impacted by trauma.
13		(3) A school or district is healing centered when it
14		acknowledges its role and responsibility to the community,
15		fully responds to trauma, and promotes resilience and
16		healing through genuine, trusting, and creative
17		relationships. Such school schools or district districts
18		may:
19		(A) promote holistic and collaborative approaches
20		that are grounded in culture, spirituality, civic
21		engagement, and equity; and
22		(B) support agency within individuals, families,
23		and communities while engaging people in collective
24		action that moves from transactional to
25		transformational.
26		"Whole child" means using a child-centered, holistic,

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1		equitable lens across all systems that prioritizes physical,
2		mental, and social-emotional health to ensure that every child
3		is healthy, safe, supported, challenged, engaged, and
4		protected.
5		Starting with the 2024-2025 school year, the teachers
6		institutes shall provide instruction on trauma-informed
7		practices and include the definitions of trauma,
8		trauma-responsive learning environments, and whole child set
9		forth in this subsection (b) before the first student
10		attendance day of each school year.
11		(Source: P.A. 103-413, eff. 1-1-24; 103-542, eff. 7-1-24 (see
12		Section 905 of P.A. 103-563 for effective date of P.A.
13		103-542); revised 11-27-23.)
14		(105 ILCS 5/10-17a)
15		Sec. 10-17a. State, school district, and school report
16		cards; Expanded High School Snapshot Report.
17		(1) By October 31, 2013 and October 31 of each subsequent
18		school year, the State Board of Education, through the State
19		Superintendent of Education, shall prepare a State report
20		card, school district report cards, and school report cards,
21		and shall by the most economical means provide to each school
22		district in this State, including special charter districts
23		and districts subject to the provisions of Article 34, the
24		report cards for the school district and each of its schools.
25		Because of the impacts of the COVID-19 public health emergency

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1		during school year 2020-2021, the State Board of Education
2		shall have until December 31, 2021 to prepare and provide the
3		report cards that would otherwise be due by October 31, 2021.
4		During a school year in which the Governor has declared a
5		disaster due to a public health emergency pursuant to Section
6		7 of the Illinois Emergency Management Agency Act, the report
7		cards for the school districts and each of its schools shall be
8		prepared by December 31.
9		(2) In addition to any information required by federal
10		law, the State Superintendent shall determine the indicators
11		and presentation of the school report card, which must
12		include, at a minimum, the most current data collected and
13		maintained by the State Board of Education related to the
14		following:
15		(A) school characteristics and student demographics,
16		including average class size, average teaching experience,
17		student racial/ethnic breakdown, and the percentage of
18		students classified as low-income; the percentage of
19		students classified as English learners, the number of
20		students who graduate from a bilingual or English learner
21		program, and the number of students who graduate from,
22		transfer from, or otherwise leave bilingual programs; the
23		percentage of students who have individualized education
24		plans or 504 plans that provide for special education
25		services; the number and the percentage of all students in
26		grades kindergarten through 8, disaggregated by the

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1		student students demographics described in this paragraph
2		(A), in each of the following categories: (i) those who
3		have been assessed for placement in a gifted education
4		program or accelerated placement, (ii) those who have
5		enrolled in a gifted education program or in accelerated
6		placement, and (iii) for each of categories (i) and (ii),
7		those who received direct instruction from a teacher who
8		holds a gifted education endorsement; the number and the
9		percentage of all students in grades 9 through 12,
10		disaggregated by the student demographics described in
11		this paragraph (A), who have been enrolled in an advanced
12		academic program; the percentage of students scoring at
13		the "exceeds expectations" level on the assessments
14		required under Section 2-3.64a-5 of this Code; the
15		percentage of students who annually transferred in or out
16		of the school district; average daily attendance; the
17		per-pupil operating expenditure of the school district;
18		and the per-pupil State average operating expenditure for
19		the district type (elementary, high school, or unit);
20		(B) curriculum information, including, where
21		applicable, Advanced Placement, International
22		Baccalaureate or equivalent courses, dual credit courses,
23		foreign language classes, computer science courses, school
24		personnel resources (including Career Technical Education
25		teachers), before and after school programs,
26		extracurricular activities, subjects in which elective

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1		classes are offered, health and wellness initiatives
2		(including the average number of days of Physical
3		Education per week per student), approved programs of
4		study, awards received, community partnerships, and
5		special programs such as programming for the gifted and
6		talented, students with disabilities, and work-study
7		students;
8		(C) student outcomes, including, where applicable, the
9		percentage of students deemed proficient on assessments of
10		State standards, the percentage of students in the eighth
11		grade who pass Algebra, the percentage of students who
12		participated in workplace learning experiences, the
13		percentage of students enrolled in post-secondary
14		institutions (including colleges, universities, community
15		colleges, trade/vocational schools, and training programs
16		leading to career certification within 2 semesters of high
17		school graduation), the percentage of students graduating
18		from high school who are college and career ready, the
19		percentage of graduates enrolled in community colleges,
20		colleges, and universities who are in one or more courses
21		that the community college, college, or university
22		identifies as a developmental course, and the percentage
23		of students with disabilities under the federal
24		Individuals with Disabilities Education Act and Article 14
25		of this Code who have fulfilled the minimum State
26		graduation requirements set forth in Section 27-22 of this

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1		Code and have been issued a regular high school diploma;
2		(D) student progress, including, where applicable, the
3		percentage of students in the ninth grade who have earned
4		5 credits or more without failing more than one core
5		class, a measure of students entering kindergarten ready
6		to learn, a measure of growth, and the percentage of
7		students who enter high school on track for college and
8		career readiness;
9		(E) the school environment, including, where
10		applicable, high school dropout rate by grade level, the
11		percentage of students with less than 10 absences in a
12		school year, the percentage of teachers with less than 10
13		absences in a school year for reasons other than
14		professional development, leaves taken pursuant to the
15		federal Family Medical Leave Act of 1993, long-term
16		disability, or parental leaves, the 3-year average of the
17		percentage of teachers returning to the school from the
18		previous year, the number of different principals at the
19		school in the last 6 years, the number of teachers who hold
20		a gifted education endorsement, the process and criteria
21		used by the district to determine whether a student is
22		eligible for participation in a gifted education program
23		or advanced academic program and the manner in which
24		parents and guardians are made aware of the process and
25		criteria, the number of teachers who are National Board
26		Certified Teachers, disaggregated by race and ethnicity, 2

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1		or more indicators from any school climate survey selected
2		or approved by the State and administered pursuant to
3		Section 2-3.153 of this Code, with the same or similar
4		indicators included on school report cards for all surveys
5		selected or approved by the State pursuant to Section
6		2-3.153 of this Code, the combined percentage of teachers
7		rated as proficient or excellent in their most recent
8		evaluation, and, beginning with the 2022-2023 school year,
9		data on the number of incidents of violence that occurred
10		on school grounds or during school-related activities and
11		that resulted in an out-of-school suspension, expulsion,
12		or removal to an alternative setting, as reported pursuant
13		to Section 2-3.162;
14		(F) a school district's and its individual schools'
15		balanced accountability measure, in accordance with
16		Section 2-3.25a of this Code;
17		(G) the total and per pupil normal cost amount the
18		State contributed to the Teachers' Retirement System of
19		the State of Illinois in the prior fiscal year for the
20		school's employees, which shall be reported to the State
21		Board of Education by the Teachers' Retirement System of
22		the State of Illinois;
23		(H) for a school district organized under Article 34
24		of this Code only, State contributions to the Public
25		School Teachers' Pension and Retirement Fund of Chicago
26		and State contributions for health care for employees of

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1		that school district;
2		(I) a school district's Final Percent of Adequacy, as
3		defined in paragraph (4) of subsection (f) of Section
4		18-8.15 of this Code;
5		(J) a school district's Local Capacity Target, as
6		defined in paragraph (2) of subsection (c) of Section
7		18-8.15 of this Code, displayed as a percentage amount;
8		(K) a school district's Real Receipts, as defined in
9		paragraph (1) of subsection (d) of Section 18-8.15 of this
10		Code, divided by a school district's Adequacy Target, as
11		defined in paragraph (1) of subsection (b) of Section
12		18-8.15 of this Code, displayed as a percentage amount;
13		(L) a school district's administrative costs;
14		(M) whether or not the school has participated in the
15		Illinois Youth Survey. In this paragraph (M), "Illinois
16		Youth Survey" means a self-report survey, administered in
17		school settings every 2 years, designed to gather
18		information about health and social indicators, including
19		substance abuse patterns and the attitudes of students in
20		grades 8, 10, and 12;
21		(N) whether the school offered its students career and
22		technical education opportunities; and
23		(O) beginning Beginning with the October 2024 report
24		card, the total number of school counselors, school social
25		workers, school nurses, and school psychologists by
26		school, district, and State, the average number of

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1		students per school counselor in the school, district, and
2		State, the average number of students per school social
3		worker in the school, district, and State, the average
4		number of students per school nurse in the school,
5		district, and State, and the average number of students
6		per school psychologist in the school, district, and
7		State.
8		The school report card shall also provide information that
9		allows for comparing the current outcome, progress, and
10		environment data to the State average, to the school data from
11		the past 5 years, and to the outcomes, progress, and
12		environment of similar schools based on the type of school and
13		enrollment of low-income students, special education students,
14		and English learners.
15		As used in this subsection (2):
16		"Accelerated placement" has the meaning ascribed to that
17		term in Section 14A-17 of this Code.
18		"Administrative costs" means costs associated with
19		executive, administrative, or managerial functions within the
20		school district that involve planning, organizing, managing,
21		or directing the school district.
22		"Advanced academic program" means a course of study,
23		including, but not limited to, accelerated placement, advanced
24		placement coursework, International Baccalaureate coursework,
25		dual credit, or any course designated as enriched or honors,
26		that a student is enrolled in based on advanced cognitive

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1		ability or advanced academic achievement compared to local age
2		peers and in which the curriculum is substantially
3		differentiated from the general curriculum to provide
4		appropriate challenge and pace.
5		"Computer science" means the study of computers and
6		algorithms, including their principles, their hardware and
7		software designs, their implementation, and their impact on
8		society. "Computer science" does not include the study of
9		everyday uses of computers and computer applications, such as
10		keyboarding or accessing the Internet.
11		"Gifted education" means educational services, including
12		differentiated curricula and instructional methods, designed
13		to meet the needs of gifted children as defined in Article 14A
14		of this Code.
15		For the purposes of paragraph (A) of this subsection (2),
16		"average daily attendance" means the average of the actual
17		number of attendance days during the previous school year for
18		any enrolled student who is subject to compulsory attendance
19		by Section 26-1 of this Code at each school and charter school.
20		(2.5) For any school report card prepared after July 1,
21		2025, for all high school graduation completion rates that are
22		reported on the school report card as required under this
23		Section or by any other State or federal law, the State
24		Superintendent of Education shall also report the percentage
25		of students who did not meet the requirements of high school
26		graduation completion for any reason and, of those students,

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1		the percentage that are classified as students who fulfill the
2		requirements of Section 14-16 of this Code.
3		The State Superintendent shall ensure that for the
4		2023-2024 school year there is a specific code for districts
5		to report students who fulfill the requirements of Section
6		14-16 of this Code to ensure accurate reporting under this
7		Section.
8		All reporting requirements under this subsection (2.5)
9		shall be included on the school report card where high school
10		graduation completion rates are reported, along with a brief
11		explanation of how fulfilling the requirements of Section
12		14-16 of this Code is different from receiving a regular high
13		school diploma.
14		(3) At the discretion of the State Superintendent, the
15		school district report card shall include a subset of the
16		information identified in paragraphs (A) through (E) of
17		subsection (2) of this Section, as well as information
18		relating to the operating expense per pupil and other finances
19		of the school district, and the State report card shall
20		include a subset of the information identified in paragraphs
21		(A) through (E) and paragraph (N) of subsection (2) of this
22		Section. The school district report card shall include the
23		average daily attendance, as that term is defined in
24		subsection (2) of this Section, of students who have
25		individualized education programs and students who have 504
26		plans that provide for special education services within the

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1		school district.
2		(4) Notwithstanding anything to the contrary in this
3		Section, in consultation with key education stakeholders, the
4		State Superintendent shall at any time have the discretion to
5		amend or update any and all metrics on the school, district, or
6		State report card.
7		(5) Annually, no more than 30 calendar days after receipt
8		of the school district and school report cards from the State
9		Superintendent of Education, each school district, including
10		special charter districts and districts subject to the
11		provisions of Article 34, shall present such report cards at a
12		regular school board meeting subject to applicable notice
13		requirements, post the report cards on the school district's
14		Internet web site, if the district maintains an Internet web
15		site, make the report cards available to a newspaper of
16		general circulation serving the district, and, upon request,
17		send the report cards home to a parent (unless the district
18		does not maintain an Internet web site, in which case the
19		report card shall be sent home to parents without request). If
20		the district posts the report card on its Internet web site,
21		the district shall send a written notice home to parents
22		stating (i) that the report card is available on the web site,
23		(ii) the address of the web site, (iii) that a printed copy of
24		the report card will be sent to parents upon request, and (iv)
25		the telephone number that parents may call to request a
26		printed copy of the report card.

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1		(6) Nothing contained in Public Act 98-648 repeals,
2		supersedes, invalidates, or nullifies final decisions in
3		lawsuits pending on July 1, 2014 (the effective date of Public
4		Act 98-648) in Illinois courts involving the interpretation of
5		Public Act 97-8.
6		(7) As used in this subsection (7):
7		"Advanced-track coursework or programs" means any high
8		school courses, sequence of courses, or class or grouping of
9		students organized to provide more rigorous, enriched,
10		advanced, accelerated, gifted, or above grade-level
11		instruction. This may include, but is not limited to, Advanced
12		Placement courses, International Baccalaureate courses,
13		honors, weighted, advanced, or enriched courses, or gifted or
14		accelerated programs, classrooms, or courses.
15		"Course" means any high school class or course offered by
16		a school that is assigned a school course code by the State
17		Board of Education.
18		"English learner coursework or English learner program"
19		means a high school English learner course or program
20		designated to serve English learners, who may be designated as
21		English language learners or limited English proficiency
22		learners.
23		"Standard coursework or programs" means any high school
24		courses or classes other than advanced-track coursework or
25		programs, English learner coursework or programs, or special
26		education coursework or programs.

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1		By October 31, 2027 and by October 31 of each subsequent
2		year, the State Board of Education, through the State
3		Superintendent of Education, shall prepare a stand-alone
4		report covering high schools, to be referred to as the
5		Expanded High School Snapshot Report. The State Board shall
6		post the Report on the State Board's Internet website. Each
7		school district with a high school shall include on the school
8		district's Internet website, if the district maintains an
9		Internet website, a hyperlink to the Report on the State
10		Board's Internet website titled "Expanded High School Snapshot
11		Report". Hyperlinks under this subsection (7) shall be
12		displayed in a manner that is easily accessible to the public.
13		The Expanded High School Snapshot Report shall include:
14		(A) a listing of all standard coursework or programs
15		offered by a high school;
16		(B) a listing of all advanced-track coursework or
17		programs offered by a high school;
18		(C) a listing of all English learner coursework or
19		programs offered by a high school;
20		(D) a listing of all special education coursework or
21		programs offered by a high school;
22		(E) data tables and graphs comparing advanced-track
23		coursework or programs with standard coursework or
24		programs according to the following parameters:
25		(i) the average years of experience of all
26		teachers in a high school who are assigned to teach

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1		advanced-track coursework or programs compared with
2		the average years of experience of all teachers in the
3		high school who are assigned to teach standard
4		coursework or programs;
5		(ii) the average years of experience of all
6		teachers in a high school who are assigned to teach
7		special education coursework or programs compared with
8		the average years of experience of all teachers in the
9		high school who are assigned to teach standard
10		coursework or programs;
11		(iii) the average years of experience of all
12		teachers in a high school who are assigned to teach
13		English learner coursework or programs compared with
14		the average years of experience of all teachers in the
15		high school who are assigned to teach standard
16		coursework or programs;
17		(iv) the number of high school teachers who
18		possess bachelor's, master's, or doctorate degrees and
19		who are assigned to teach advanced-track courses or
20		programs compared with the number of teachers who
21		possess bachelor's, master's, or doctorate degrees and
22		who are assigned to teach standard coursework or
23		programs;
24		(v) the number of high school teachers who possess
25		bachelor's, master's, or doctorate degrees and who are
26		assigned to teach special education coursework or

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1		programs compared with the number of teachers who
2		possess bachelor's, master's, or doctorate degrees and
3		who are assigned to teach standard coursework or
4		programs;
5		(vi) the number of high school teachers who
6		possess bachelor's, master's, or doctorate degrees and
7		who are assigned to teach English learner coursework
8		or programs compared with the number of teachers who
9		possess bachelor's, master's, or doctorate degrees and
10		who are assigned to teach standard coursework or
11		programs;
12		(vii) the average student enrollment and class
13		size of advanced-track coursework or programs offered
14		in a high school compared with the average student
15		enrollment and class size of standard coursework or
16		programs;
17		(viii) the percentages of students delineated by
18		gender who are enrolled in advanced-track coursework
19		or programs in a high school compared with the gender
20		of students enrolled in standard coursework or
21		programs;
22		(ix) the percentages of students delineated by
23		gender who are enrolled in special education
24		coursework or programs in a high school compared with
25		the percentages of students enrolled in standard
26		coursework or programs;

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1		(x) the percentages of students delineated by
2		gender who are enrolled in English learner coursework
3		or programs in a high school compared with the gender
4		of students enrolled in standard coursework or
5		programs;
6		(xi) the percentages of high school students in
7		each individual race and ethnicity category, as
8		defined in the most recent federal decennial census,
9		who are enrolled in advanced-track coursework or
10		programs compared with the percentages of students in
11		each individual race and ethnicity category enrolled
12		in standard coursework or programs;
13		(xii) the percentages of high school students in
14		each of the race and ethnicity categories, as defined
15		in the most recent federal decennial census, who are
16		enrolled in special education coursework or programs
17		compared with the percentages of students in each of
18		the race and ethnicity categories who are enrolled in
19		standard coursework or programs;
20		(xiii) the percentages of high school students in
21		each of the race and ethnicity categories, as defined
22		in the most recent federal decennial census, who are
23		enrolled in English learner coursework or programs in
24		a high school compared with the percentages of high
25		school students in each of the race and ethnicity
26		categories who are enrolled in standard coursework or

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1		programs;
2		(xiv) the percentage of high school students who
3		reach proficiency (the equivalent of a C grade or
4		higher on a grade A through F scale) in advanced-track
5		coursework or programs compared with the percentage of
6		students who earn proficiency (the equivalent of a C
7		grade or higher on a grade A through F scale) in
8		standard coursework or programs;
9		(xv) the percentage of high school students who
10		reach proficiency (the equivalent of a C grade or
11		higher on a grade A through F scale) in special
12		education coursework or programs compared with the
13		percentage of high school students who earn
14		proficiency (the equivalent of a C grade or higher on a
15		grade A through F scale) in standard coursework or
16		programs; and
17		(xvi) the percentage of high school students who
18		reach proficiency (the equivalent of a C grade or
19		higher on a grade A through F scale) in English learner
20		coursework or programs compared with the percentage of
21		high school students who earn proficiency (the
22		equivalent of a C grade or higher on a grade A through
23		F scale) in standard coursework or programs; and
24		(F) data tables and graphs for each race and ethnicity
25		category, as defined in the most recent federal decennial
26		census, and gender category, as defined in the most recent

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1		federal decennial census, describing:
2		(i) the total number of Advanced Placement courses
3		taken by race and ethnicity category and gender
4		category, as defined in the most recent federal
5		decennial census;
6		(ii) the total number of International
7		Baccalaureate courses taken by race and ethnicity
8		category and gender category, as defined in the most
9		recent federal decennial census;
10		(iii) for each race and ethnicity category and
11		gender category, as defined in the most recent federal
12		decennial census, the percentage of high school
13		students enrolled in Advanced Placement courses;
14		(iv) for each race and ethnicity category and
15		gender category, as defined in the most recent federal
16		decennial census, the percentage of high school
17		students enrolled in International Baccalaureate
18		courses; and
19		(v) for each race and ethnicity category, as
20		defined in the most recent federal decennial census,
21		the total number and percentage of high school
22		students who earn a score of 3 or higher on the
23		Advanced Placement exam associated with an Advanced
24		Placement course.
25		For data on teacher experience and education under this
26		subsection (7), a teacher who teaches a combination of courses

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1		designated as advanced-track coursework or programs, English
2		learner coursework or programs, or standard coursework or
3		programs shall be included in all relevant categories and the
4		teacher's level of experience shall be added to the
5		categories.
6		(Source: P.A. 102-16, eff. 6-17-21; 102-294, eff. 1-1-22;
7		102-539, eff. 8-20-21; 102-558, eff. 8-20-21; 102-594, eff.
8		7-1-22; 102-813, eff. 5-13-22; 103-116, eff. 6-30-23; 103-263,
9		eff. 6-30-23; 103-413, eff, 1-1-24; 103-503, eff. 1-1-24;
10		revised 9-12-23.)
11		(105 ILCS 5/10-20.67)
12		Sec. 10-20.67. Short-term substitute teacher training.
13		(a) Each school board shall, in collaboration with its
14		teachers or, if applicable, the exclusive bargaining
15		representative of its teachers, jointly develop a short-term
16		substitute teacher training program that provides individuals
17		who hold a Short-Term Substitute Teaching License under
18		Section 21B-20 of this Code with information on curriculum,
19		classroom management techniques, school safety, and district
20		and building operations. The State Board of Education may
21		develop a model short-term substitute teacher training program
22		for use by a school board under this subsection (a) if the
23		school board and its teachers or, if applicable, the exclusive
24		bargaining representative of its teachers agree to use the
25		State Board's model. A school board with a substitute teacher

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1		training program in place before July 1, 2018 (the effective
2		date of Public Act 100-596) may utilize that program to
3		satisfy the requirements of this subsection (a).
4		(b) Nothing in this Section prohibits a school board from
5		offering substitute training to substitute teachers licensed
6		under paragraph (3) of Section 21B-20 of this Code or to
7		substitute teachers holding a Professional Educator License.
8		(c) (Blank).
9		(Source: P.A. 103-111, eff. 6-29-23; revised 9-20-23.)
10		(105 ILCS 5/10-20.85)
11		Sec. 10-20.85. Trauma kit.
12		(a) In this Section, "trauma kit" means a first aid
13		response kit that contains, at a minimum, all of the
14		following:
15		(1) One tourniquet endorsed by the Committee on
16		Tactical Combat Casualty Care.
17		(2) One compression bandage.
18		(3) One hemostatic bleeding control dressing endorsed
19		by the Committee on Tactical Combat Casualty Care.
20		(4) Protective gloves and a marker.
21		(5) Scissors.
22		(6) Instructional documents developed by the Stop the
23		Bleed national awareness campaign of the United States
24		Department of Homeland Security or the American College of
25		Surgeons' Committee on Trauma, or both.

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1		(7) Any other medical materials or equipment similar
2		to those described in paragraphs (1) through (3) or any
3		other items that (i) are approved by a local law
4		enforcement agency or first responders, (ii) can
5		adequately treat a traumatic injury, and (iii) can be
6		stored in a readily available kit.
7		(b) Each school district may maintain an on-site trauma
8		kit at each school of the district for bleeding emergencies.
9		(c) Products purchased for the trauma kit, including those
10		products endorsed by the Committee on Tactical Combat Casualty
11		Care, shall, whenever possible, be manufactured in the United
12		States.
13		(Source: P.A. 103-128, eff. 6-30-23.)
14		(105 ILCS 5/10-20.86)
15		(This Section may contain text from a Public Act with a
16		delayed effective date)
17		Sec. 10-20.86 10-20.85. Community input on local
18		assessments.
19		(a) As used in this Section, "district-administered
20		assessment" means an assessment that requires all student test
21		takers at any grade level to answer the same questions, or a
22		selection of questions from a common bank of questions, in the
23		same manner or substantially the same questions in the same
24		manner. The term does not include an observational assessment
25		tool used to satisfy the requirements of Section 2-3.64a-10 of

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1		this Code or an assessment developed by district teachers or
2		administrators that will be used to measure student progress
3		at an attendance center within the school district.
4		(b) Prior to approving a new contract for any
5		district-administered assessment, a school board must hold a
6		public vote at a regular meeting of the school board, at which
7		the terms of the proposal must be substantially presented and
8		an opportunity for allowing public comments must be provided,
9		subject to applicable notice requirements. However, if the
10		assessment being made available to review is subject to
11		copyright, trademark, or other intellectual property
12		protection, the review process shall include technical and
13		procedural safeguards to ensure that the materials are not
14		able to be widely disseminated to the general public in
15		violation of the intellectual property rights of the publisher
16		and to ensure content validity is not undermined.
17		(Source: P.A. 103-393, eff. 7-1-24; revised 8-30-23.)
18		(105 ILCS 5/10-22.3f)
19		Sec. 10-22.3f. Required health benefits. Insurance
20		protection and benefits for employees shall provide the
21		post-mastectomy care benefits required to be covered by a
22		policy of accident and health insurance under Section 356t and
23		the coverage required under Sections 356g, 356g.5, 356g.5-1,
24		356q, 356u, 356w, 356x, 356z.4, 356z.4a, 356z.6, 356z.8,
25		356z.9, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.22,

HB4844 Engrossed - 808 - LRB103 39009 AMC 69146 b
1		356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33,
2		356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.51,
3		356z.53, 356z.54, 356z.56, 356z.57, 356z.59, 356z.60, and
4		356z.61, and 356z.62, 356z.64, 356z.67, 356z.68, and 356z.70
5		of the Illinois Insurance Code. Insurance policies shall
6		comply with Section 356z.19 of the Illinois Insurance Code.
7		The coverage shall comply with Sections 155.22a, 355b, and
8		370c of the Illinois Insurance Code. The Department of
9		Insurance shall enforce the requirements of this Section.
10		Rulemaking authority to implement Public Act 95-1045, if
11		any, is conditioned on the rules being adopted in accordance
12		with all provisions of the Illinois Administrative Procedure
13		Act and all rules and procedures of the Joint Committee on
14		Administrative Rules; any purported rule not so adopted, for
15		whatever reason, is unauthorized.
16		(Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22;
17		102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-642, eff.
18		1-1-22; 102-665, eff. 10-8-21; 102-731, eff. 1-1-23; 102-804,
19		eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23;
20		102-860, eff. 1-1-23; 102-1093, eff. 1-1-23; 102-1117, eff.
21		1-13-23; 103-84, eff. 1-1-24; 103-91, eff. 1-1-24; 103-420,
22		eff. 1-1-24; 103-445, eff. 1-1-24; 103-535, eff. 8-11-23;
23		103-551, eff. 8-11-23; revised 8-29-23.)
24		(105 ILCS 5/10-22.36) (from Ch. 122, par. 10-22.36)
25		Sec. 10-22.36. Buildings for school purposes.

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1		(a) To build or purchase a building for school classroom
2		or instructional purposes upon the approval of a majority of
3		the voters upon the proposition at a referendum held for such
4		purpose or in accordance with Section 17-2.11, 19-3.5, or
5		19-3.10. The board may initiate such referendum by resolution.
6		The board shall certify the resolution and proposition to the
7		proper election authority for submission in accordance with
8		the general election law.
9		The questions of building one or more new buildings for
10		school purposes or office facilities, and issuing bonds for
11		the purpose of borrowing money to purchase one or more
12		buildings or sites for such buildings or office sites, to
13		build one or more new buildings for school purposes or office
14		facilities or to make additions and improvements to existing
15		school buildings, may be combined into one or more
16		propositions on the ballot.
17		Before erecting, or purchasing or remodeling such a
18		building the board shall submit the plans and specifications
19		respecting heating, ventilating, lighting, seating, water
20		supply, toilets and safety against fire to the regional
21		superintendent of schools having supervision and control over
22		the district, for approval in accordance with Section 2-3.12.
23		Notwithstanding any of the foregoing, no referendum shall
24		be required if the purchase, construction, or building of any
25		such building (1) occurs while the building is being leased by
26		the school district or (2) is paid with (A) funds derived from

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1		the sale or disposition of other buildings, land, or
2		structures of the school district or (B) funds received (i) as
3		a grant under the School Construction Law or (ii) as gifts or
4		donations, provided that no funds to purchase, construct, or
5		build such building, other than lease payments, are derived
6		from the district's bonded indebtedness or the tax levy of the
7		district.
8		Notwithstanding any of the foregoing, no referendum shall
9		be required if the purchase, construction, or building of any
10		such building is paid with funds received from the County
11		School Facility and Resources Occupation Tax Law under Section
12		5-1006.7 of the Counties Code or from the proceeds of bonds or
13		other debt obligations secured by revenues obtained from that
14		Law.
15		Notwithstanding any of the foregoing, for Decatur School
16		District Number 61, no referendum shall be required if at
17		least 50% of the cost of the purchase, construction, or
18		building of any such building is paid, or will be paid, with
19		funds received or expected to be received as part of, or
20		otherwise derived from, any COVID-19 pandemic relief program
21		or funding source, including, but not limited to, Elementary
22		and Secondary School Emergency Relief Fund grant proceeds.
23		(b) Notwithstanding the provisions of subsection (a), for
24		any school district: (i) that is a tier 1 school, (ii) that has
25		a population of less than 50,000 inhabitants, (iii) whose
26		student population is between 5,800 and 6,300, (iv) in which

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1		57% to 62% of students are low-income, and (v) whose average
2		district spending is between $10,000 to $12,000 per pupil,
3		until July 1, 2025, no referendum shall be required if at least
4		50% of the cost of the purchase, construction, or building of
5		any such building is paid, or will be paid, with funds received
6		or expected to be received as part of, or otherwise derived
7		from, the federal Consolidated Appropriations Act and the
8		federal American Rescue Plan Act of 2021.
9		For this subsection (b), the school board must hold at
10		least 2 public hearings, the sole purpose of which shall be to
11		discuss the decision to construct a school building and to
12		receive input from the community. The notice of each public
13		hearing that sets forth the time, date, place, and name or
14		description of the school building that the school board is
15		considering constructing must be provided at least 10 days
16		prior to the hearing by publication on the school board's
17		Internet website.
18		(c) Notwithstanding the provisions of subsections
19		subsection (a) and (b), for Cahokia Community Unit School
20		District 187, no referendum shall be required for the lease of
21		any building for school or educational purposes if the cost is
22		paid or will be paid with funds available at the time of the
23		lease in the district's existing fund balances to fund the
24		lease of a building during the 2023-2024 or 2024-2025 school
25		year.
26		For the purposes of this subsection (c), the school board

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1		must hold at least 2 public hearings, the sole purpose of which
2		shall be to discuss the decision to lease a school building and
3		to receive input from the community. The notice of each public
4		hearing that sets forth the time, date, place, and name or
5		description of the school building that the school board is
6		considering leasing must be provided at least 10 days prior to
7		the hearing by publication on the school district's website.
8		(d) (c) Notwithstanding the provisions of subsections
9		subsection (a) and (b), for Bloomington School District 87, no
10		referendum shall be required for the purchase, construction,
11		or building of any building for school or education purposes
12		if such cost is paid, or will be paid with funds available at
13		the time of contract, purchase, construction, or building in
14		Bloomington School District Number 87's existing fund balances
15		to fund the procurement or requisition of a building or site
16		during the 2022-2023, 2023-2024, or 2024-2025 school year
17		years.
18		For this subsection (d) (c), the school board must hold at
19		least 2 public hearings, the sole purpose of which shall be to
20		discuss the decision to construct a school building and to
21		receive input from the community. The notice of each public
22		hearing that sets forth the time, date, place, and name or
23		description of the school building that the school board is
24		considering constructing must be provided at least 10 days
25		prior to the hearing by publication on the school board's
26		website.

HB4844 Engrossed - 813 - LRB103 39009 AMC 69146 b
1		(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 7-1-22;
2		103-8, eff. 6-7-23; 103-509, eff. 8-4-23; revised 8-31-23.)
3		(105 ILCS 5/10-22.39)
4		(Text of Section before amendment by P.A. 103-41 and P.A.
5		103-542)
6		Sec. 10-22.39. In-service training programs.
7		(a) To conduct in-service training programs for teachers.
8		(b) In addition to other topics at in-service training
9		programs, at least once every 2 years, licensed school
10		personnel and administrators who work with pupils in
11		kindergarten through grade 12 shall be trained to identify the
12		warning signs of mental illness, trauma, and suicidal behavior
13		in youth and shall be taught appropriate intervention and
14		referral techniques. A school district may utilize the
15		Illinois Mental Health First Aid training program, established
16		under the Illinois Mental Health First Aid Training Act and
17		administered by certified instructors trained by a national
18		association recognized as an authority in behavioral health,
19		to provide the training and meet the requirements under this
20		subsection. If licensed school personnel or an administrator
21		obtains mental health first aid training outside of an
22		in-service training program, he or she may present a
23		certificate of successful completion of the training to the
24		school district to satisfy the requirements of this
25		subsection.

HB4844 Engrossed - 814 - LRB103 39009 AMC 69146 b
1		Training regarding the implementation of trauma-informed
2		practices satisfies the requirements of this subsection (b).
3		A course of instruction as described in this subsection
4		(b) must include the definitions of trauma, trauma-responsive
5		learning environments, and whole child set forth in subsection
6		(b) of Section 3-11 of this Code and may provide information
7		that is relevant to and within the scope of the duties of
8		licensed school personnel or school administrators. Such
9		information may include, but is not limited to:
10		(1) the recognition of and care for trauma in students
11		and staff;
12		(2) the relationship between educator wellness and
13		student learning;
14		(3) the effect of trauma on student behavior and
15		learning;
16		(4) the prevalence of trauma among students, including
17		the prevalence of trauma among student populations at
18		higher risk of experiencing trauma;
19		(5) the effects of implicit or explicit bias on
20		recognizing trauma among various student groups in
21		connection with race, ethnicity, gender identity, sexual
22		orientation, socio-economic status, and other relevant
23		factors; and
24		(6) effective district practices that are shown to:
25		(A) prevent and mitigate the negative effect of
26		trauma on student behavior and learning; and

HB4844 Engrossed - 815 - LRB103 39009 AMC 69146 b
1		(B) support the emotional wellness of staff.
2		(c) School counselors, nurses, teachers and other school
3		personnel who work with pupils may be trained to have a basic
4		knowledge of matters relating to acquired immunodeficiency
5		syndrome (AIDS), including the nature of the disease, its
6		causes and effects, the means of detecting it and preventing
7		its transmission, and the availability of appropriate sources
8		of counseling and referral, and any other information that may
9		be appropriate considering the age and grade level of such
10		pupils. The School Board shall supervise such training. The
11		State Board of Education and the Department of Public Health
12		shall jointly develop standards for such training.
13		(d) In this subsection (d):
14		"Domestic violence" means abuse by a family or household
15		member, as "abuse" and "family or household members" are
16		defined in Section 103 of the Illinois Domestic Violence Act
17		of 1986.
18		"Sexual violence" means sexual assault, abuse, or stalking
19		of an adult or minor child proscribed in the Criminal Code of
20		1961 or the Criminal Code of 2012 in Sections 11-1.20,
21		11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-7.3, 12-7.4, 12-7.5,
22		12-12, 12-13, 12-14, 12-14.1, 12-15, and 12-16, including
23		sexual violence committed by perpetrators who are strangers to
24		the victim and sexual violence committed by perpetrators who
25		are known or related by blood or marriage to the victim.
26		At least once every 2 years, an in-service training

HB4844 Engrossed - 816 - LRB103 39009 AMC 69146 b
1		program for school personnel who work with pupils, including,
2		but not limited to, school and school district administrators,
3		teachers, school social workers, school counselors, school
4		psychologists, and school nurses, must be conducted by persons
5		with expertise in domestic and sexual violence and the needs
6		of expectant and parenting youth and shall include training
7		concerning (i) communicating with and listening to youth
8		victims of domestic or sexual violence and expectant and
9		parenting youth, (ii) connecting youth victims of domestic or
10		sexual violence and expectant and parenting youth to
11		appropriate in-school services and other agencies, programs,
12		and services as needed, and (iii) implementing the school
13		district's policies, procedures, and protocols with regard to
14		such youth, including confidentiality. At a minimum, school
15		personnel must be trained to understand, provide information
16		and referrals, and address issues pertaining to youth who are
17		parents, expectant parents, or victims of domestic or sexual
18		violence.
19		(e) At least every 2 years, an in-service training program
20		for school personnel who work with pupils must be conducted by
21		persons with expertise in anaphylactic reactions and
22		management.
23		(f) At least once every 2 years, a school board shall
24		conduct in-service training on educator ethics,
25		teacher-student conduct, and school employee-student conduct
26		for all personnel.

HB4844 Engrossed - 817 - LRB103 39009 AMC 69146 b
1		(g) At least once every 2 years, a school board shall
2		conduct in-service training for all school district employees
3		on the methods to respond to trauma. The training must include
4		instruction on how to respond to an incident involving
5		life-threatening bleeding and, if applicable, how to use a
6		school's trauma kit. A school board may satisfy the training
7		requirements under this subsection by using the training,
8		including online training, available from the American College
9		of Surgeons or any other similar organization.
10		School district employees who are trained to respond to
11		trauma pursuant to this subsection (g) shall be immune from
12		civil liability in the use of a trauma kit unless the action
13		constitutes willful or wanton misconduct.
14		(Source: P.A. 102-197, eff. 7-30-21; 102-638, eff. 1-1-23;
15		102-813, eff. 5-13-22; 103-128, eff. 6-30-23; 103-413, eff.
16		1-1-24; revised 11-27-23.)
17		(Text of Section after amendment by P.A. 103-542 but
18		before amendment by P.A. 103-41)
19		Sec. 10-22.39. In-service training programs.
20		(a) To conduct in-service training programs for teachers,
21		administrators, and school support personnel.
22		(b) In addition to other topics at in-service training
23		programs listed in this Section, teachers, administrators, and
24		school support personnel who work with pupils must be trained
25		in the following topics: health conditions of students;

HB4844 Engrossed - 818 - LRB103 39009 AMC 69146 b
1		social-emotional learning; developing cultural competency;
2		identifying warning signs of mental illness and suicidal
3		behavior in youth; domestic and sexual violence and the needs
4		of expectant and parenting youth; protections and
5		accommodations for students; educator ethics; responding to
6		child sexual abuse and grooming behavior; and effective
7		instruction in violence prevention and conflict resolution.
8		In-service training programs in these topics shall be credited
9		toward hours of professional development required for license
10		renewal as outlined in subsection (e) of Section 21B-45.
11		School support personnel may be exempt from in-service
12		training if the training is not relevant to the work they do.
13		Nurses and school nurses, as defined by Section 10-22.23,
14		are exempt from training required in subsection (b-5).
15		Beginning July 1, 2024, all teachers, administrators, and
16		school support personnel shall complete training as outlined
17		in Section 10-22.39 during an in-service training program
18		conducted by their school board or through other training
19		opportunities, including, but not limited to, institutes under
20		Section 3-11. Such training must be completed within 6 months
21		of employment by a school board and renewed at least once every
22		5 years, unless required more frequently by other State or
23		federal law or in accordance with this Section. If teachers,
24		administrators, or school support personnel obtain training
25		outside of an in-service training program or from a previous
26		public school district or nonpublic school employer, they may

HB4844 Engrossed - 819 - LRB103 39009 AMC 69146 b
1		present documentation showing current compliance with this
2		subsection to satisfy the requirement of receiving training
3		within 6 months of first being employed. Training may be
4		delivered through online, asynchronous means.
5		(b-5) Training regarding health conditions of students for
6		staff required by this Section shall include, but is not
7		limited to:
8		(1) Chronic health conditions of students.
9		(2) Anaphylactic reactions and management. Such
10		training shall be conducted by persons with expertise in
11		anaphylactic reactions and management.
12		(3) The management of asthma, the prevention of asthma
13		symptoms, and emergency response in the school setting.
14		(4) The basics of seizure recognition and first aid
15		and appropriate emergency protocols. Such training must be
16		fully consistent with the best practice guidelines issued
17		by the Centers for Disease Control and Prevention.
18		(5) The basics of diabetes care, how to identify when
19		a student with diabetes needs immediate or emergency
20		medical attention, and whom to contact in the case of an
21		emergency.
22		(6) Current best practices regarding the
23		identification and treatment of attention deficit
24		hyperactivity disorder.
25		(7) Instruction on how to respond to an incident
26		involving life-threatening bleeding and, if applicable,

HB4844 Engrossed - 820 - LRB103 39009 AMC 69146 b
1		how to use a school's trauma kit. Beginning with the
2		2024-2025 school year, training on life-threatening
3		bleeding must be completed within 6 months of the employee
4		first being employed by a school board and renewed within
5		2 years. Beginning with the 2027-2028 school year, the
6		training must be completed within 6 months of the employee
7		first being employed by a school board and renewed at
8		least once every 5 years thereafter.
9		In consultation with professional organizations with
10		expertise in student health issues, including, but not limited
11		to, asthma management, anaphylactic reactions, seizure
12		recognition, and diabetes care, the State Board of Education
13		shall make available resource materials for educating school
14		personnel about student health conditions and emergency
15		response in the school setting.
16		A school board may satisfy the life-threatening bleeding
17		training under this subsection by using the training,
18		including online training, available from the American College
19		of Surgeons or any other similar organization.
20		(b-10) The training regarding social-emotional learning,
21		for staff required by this Section may include, at a minimum,
22		providing education to all school personnel about the content
23		of the Illinois Social and Emotional Learning Standards, how
24		those standards apply to everyday school interactions, and
25		examples of how social emotional learning can be integrated
26		into instructional practices across all grades and subjects.

HB4844 Engrossed - 821 - LRB103 39009 AMC 69146 b
1		(b-15) The training regarding developing cultural
2		competency for staff required by this Section shall include,
3		but is not limited to, understanding and reducing implicit
4		bias, including implicit racial bias. As used in this
5		subsection, "implicit racial bias" has the meaning set forth
6		in Section 10-20.61.
7		(b-20) The training regarding identifying warning signs of
8		mental illness, trauma, and suicidal behavior in youth for
9		staff required by this Section shall include, but is not
10		limited to, appropriate intervention and referral techniques,
11		including resources and guidelines as outlined in Section
12		2-3.166, and must include the definitions of trauma,
13		trauma-responsive learning environments, and whole child set
14		forth in subsection (b) of Section 3-11 of this Code.
15		Illinois Mental Health First Aid training, established
16		under the Illinois Mental Health First Aid Training Act, may
17		satisfy the requirements of this subsection.
18		If teachers, administrators, or school support personnel
19		obtain mental health first aid training outside of an
20		in-service training program, they may present a certificate of
21		successful completion of the training to the school district
22		to satisfy the requirements of this subsection. Training
23		regarding the implementation of trauma-informed practices
24		satisfies the requirements of this subsection.
25		(b-25) As used in this subsection:
26		"Domestic violence" means abuse by a family or household

HB4844 Engrossed - 822 - LRB103 39009 AMC 69146 b
1		member, as "abuse" and "family or household members" are
2		defined in Section 103 of the Illinois Domestic Violence Act
3		of 1986.
4		"Sexual violence" means sexual assault, abuse, or stalking
5		of an adult or minor child proscribed in the Criminal Code of
6		1961 or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50,
7		11-1.60, 12-7.3, 12-7.4, 12-7.5, 12-12, 12-13, 12-14, 12-14.1,
8		12-15, and 12-16 of the Criminal Code of 2012, including
9		sexual violence committed by perpetrators who are strangers to
10		the victim and sexual violence committed by perpetrators who
11		are known or related by blood or marriage to the victim.
12		The training regarding domestic and sexual violence and
13		the needs of expectant and parenting youth for staff required
14		by this Section must be conducted by persons with expertise in
15		domestic and sexual violence and the needs of expectant and
16		parenting youth, and shall include, but is not limited to:
17		(1) communicating with and listening to youth victims
18		of domestic or sexual violence and expectant and parenting
19		youth;
20		(2) connecting youth victims of domestic or sexual
21		violence and expectant and parenting youth to appropriate
22		in-school services and other agencies, programs, and
23		services as needed;
24		(3) implementing the school district's policies,
25		procedures, and protocols with regard to such youth,
26		including confidentiality; at . At a minimum, school

HB4844 Engrossed - 823 - LRB103 39009 AMC 69146 b
1		personnel must be trained to understand, provide
2		information and referrals, and address issues pertaining
3		to youth who are parents, expectant parents, or victims of
4		domestic or sexual violence; and
5		(4) procedures for responding to incidents of teen
6		dating violence that take place at the school, on school
7		grounds, at school-sponsored activities, or in vehicles
8		used for school-provided transportation as outlined in
9		Section 3.10 of the Critical Health Problems and
10		Comprehensive Health Education Act.
11		(b-30) The training regarding protections and
12		accommodations for students shall include, but is not limited
13		to, instruction on the federal Americans with Disabilities
14		Act, as it pertains to the school environment, and
15		homelessness. Beginning with the 2024-2025 school year,
16		training on homelessness must be completed within 6 months of
17		an employee first being employed by a school board and renewed
18		within 2 years. Beginning with the 2027-2028 school year, the
19		training must be completed within 6 months of the employee
20		first being employed by a school board and renewed at least
21		once every 5 years thereafter. Training on homelessness shall
22		include the following:
23		(1) the definition of homeless children and youths
24		under 42 U.S.C. 11434a;
25		(2) the signs of homelessness and housing insecurity;
26		(3) the rights of students experiencing homelessness

HB4844 Engrossed - 824 - LRB103 39009 AMC 69146 b
1		under State and federal law;
2		(4) the steps to take when a homeless or
3		housing-insecure student is identified; and
4		(5) the appropriate referral techniques, including the
5		name and contact number of the school or school district
6		homeless liaison.
7		School boards may work with a community-based organization
8		that specializes in working with homeless children and youth
9		to develop and provide the training.
10		(b-35) The training regarding educator ethics and
11		responding to child sexual abuse and grooming behavior shall
12		include, but is not limited to, teacher-student conduct,
13		school employee-student conduct, and evidence-informed
14		training on preventing, recognizing, reporting, and responding
15		to child sexual abuse and grooming as outlined in Section
16		10-23.13.
17		(b-40) The training regarding effective instruction in
18		violence prevention and conflict resolution required by this
19		Section shall be conducted in accordance with the requirements
20		of Section 27-23.4.
21		(b-45) (c) Beginning July 1, 2024, all nonpublic
22		elementary and secondary school teachers, administrators, and
23		school support personnel shall complete the training set forth
24		in subsection (b-5). Training must be completed within 6
25		months of first being employed by a nonpublic school and
26		renewed at least once every 5 years, unless required more

HB4844 Engrossed - 825 - LRB103 39009 AMC 69146 b
1		frequently by other State or federal law. If nonpublic
2		teachers, administrators, or school support personnel obtain
3		training from a public school district or nonpublic school
4		employer, the teacher, administrator, or school support
5		personnel may present documentation to the nonpublic school
6		showing current compliance with this subsection to satisfy the
7		requirement of receiving training within 6 months of first
8		being employed. must include the definitions of trauma,
9		trauma-responsive learning environments, and whole child set
10		forth in subsection (b) of Section 3-11 of this Code and
11		(c) (Blank).
12		(d) (Blank).
13		(e) (Blank).
14		(f) (Blank).
15		(g) At least once every 2 years, a school board shall
16		conduct in-service training for all school district employees
17		on the methods to respond to trauma. The training must include
18		instruction on how to respond to an incident involving
19		life-threatening bleeding and, if applicable, how to use a
20		school's trauma kit. A school board may satisfy the training
21		requirements under this subsection by using the training,
22		including online training, available from the American College
23		of Surgeons or any other similar organization.
24		School district employees who are trained to respond to
25		trauma pursuant to this subsection (g) shall be immune from
26		civil liability in the use of a trauma kit unless the action

HB4844 Engrossed - 826 - LRB103 39009 AMC 69146 b
1		constitutes willful or wanton misconduct.
2		(Source: P.A. 102-197, eff. 7-30-21; 102-638, eff. 1-1-23;
3		102-813, eff. 5-13-22; 103-128, eff. 6-30-23; 103-413, eff.
4		1-1-24; 103-542, eff. 7-1-24 (see Section 905 of P.A. 103-563
5		for effective date of P.A. 103-542); revised 11-27-23.)
6		(Text of Section after amendment by P.A. 103-41)
7		Sec. 10-22.39. In-service training programs.
8		(a) To conduct in-service training programs for teachers,
9		administrators, and school support personnel.
10		(b) In addition to other topics at in-service training
11		programs listed in this Section, teachers, administrators, and
12		school support personnel who work with pupils must be trained
13		in the following topics: health conditions of students;
14		social-emotional learning; developing cultural competency;
15		identifying warning signs of mental illness and suicidal
16		behavior in youth; domestic and sexual violence and the needs
17		of expectant and parenting youth; protections and
18		accommodations for students; educator ethics; responding to
19		child sexual abuse and grooming behavior; and effective
20		instruction in violence prevention and conflict resolution.
21		In-service training programs in these topics shall be credited
22		toward hours of professional development required for license
23		renewal as outlined in subsection (e) of Section 21B-45.
24		School support personnel may be exempt from in-service
25		training if the training is not relevant to the work they do.

HB4844 Engrossed - 827 - LRB103 39009 AMC 69146 b
1		Nurses and school nurses, as defined by Section 10-22.23,
2		are exempt from training required in subsection (b-5).
3		Beginning July 1, 2024, all teachers, administrators, and
4		school support personnel shall complete training as outlined
5		in Section 10-22.39 during an in-service training program
6		conducted by their school board or through other training
7		opportunities, including, but not limited to, institutes under
8		Section 3-11. Such training must be completed within 6 months
9		of employment by a school board and renewed at least once every
10		5 years, unless required more frequently by other State or
11		federal law or in accordance with this Section. If teachers,
12		administrators, or school support personnel obtain training
13		outside of an in-service training program or from a previous
14		public school district or nonpublic school employer, they may
15		present documentation showing current compliance with this
16		subsection to satisfy the requirement of receiving training
17		within 6 months of first being employed. Training may be
18		delivered through online, asynchronous means.
19		(b-5) Training regarding health conditions of students for
20		staff required by this Section shall include, but is not
21		limited to:
22		(1) Chronic health conditions of students.
23		(2) Anaphylactic reactions and management. Such
24		training shall be conducted by persons with expertise in
25		anaphylactic reactions and management.
26		(3) The management of asthma, the prevention of asthma

HB4844 Engrossed - 828 - LRB103 39009 AMC 69146 b
1		symptoms, and emergency response in the school setting.
2		(4) The basics of seizure recognition and first aid
3		and appropriate emergency protocols. Such training must be
4		fully consistent with the best practice guidelines issued
5		by the Centers for Disease Control and Prevention.
6		(5) The basics of diabetes care, how to identify when
7		a student with diabetes needs immediate or emergency
8		medical attention, and whom to contact in the case of an
9		emergency.
10		(6) Current best practices regarding the
11		identification and treatment of attention deficit
12		hyperactivity disorder.
13		(7) Instruction on how to respond to an incident
14		involving life-threatening bleeding and, if applicable,
15		how to use a school's trauma kit. Beginning with the
16		2024-2025 school year, training on life-threatening
17		bleeding must be completed within 6 months of the employee
18		first being employed by a school board and renewed within
19		2 years. Beginning with the 2027-2028 school year, the
20		training must be completed within 6 months of the employee
21		first being employed by a school board and renewed at
22		least once every 5 years thereafter.
23		In consultation with professional organizations with
24		expertise in student health issues, including, but not limited
25		to, asthma management, anaphylactic reactions, seizure
26		recognition, and diabetes care, the State Board of Education

HB4844 Engrossed - 829 - LRB103 39009 AMC 69146 b
1		shall make available resource materials for educating school
2		personnel about student health conditions and emergency
3		response in the school setting.
4		A school board may satisfy the life-threatening bleeding
5		training under this subsection by using the training,
6		including online training, available from the American College
7		of Surgeons or any other similar organization.
8		(b-10) The training regarding social-emotional learning,
9		for staff required by this Section may include, at a minimum,
10		providing education to all school personnel about the content
11		of the Illinois Social and Emotional Learning Standards, how
12		those standards apply to everyday school interactions, and
13		examples of how social emotional learning can be integrated
14		into instructional practices across all grades and subjects.
15		(b-15) The training regarding developing cultural
16		competency for staff required by this Section shall include,
17		but is not limited to, understanding and reducing implicit
18		bias, including implicit racial bias. As used in this
19		subsection, "implicit racial bias" has the meaning set forth
20		in Section 10-20.61.
21		(b-20) The training regarding identifying warning signs of
22		mental illness, trauma, and suicidal behavior in youth for
23		staff required by this Section shall include, but is not
24		limited to, appropriate intervention and referral techniques,
25		including resources and guidelines as outlined in Section
26		2-3.166, and must include the definitions of trauma,

HB4844 Engrossed - 830 - LRB103 39009 AMC 69146 b
1		trauma-responsive learning environments, and whole child set
2		forth in subsection (b) of Section 3-11 of this Code.
3		Illinois Mental Health First Aid training, established
4		under the Illinois Mental Health First Aid Training Act, may
5		satisfy the requirements of this subsection.
6		If teachers, administrators, or school support personnel
7		obtain mental health first aid training outside of an
8		in-service training program, they may present a certificate of
9		successful completion of the training to the school district
10		to satisfy the requirements of this subsection. Training
11		regarding the implementation of trauma-informed practices
12		satisfies the requirements of this subsection.
13		(b-25) As used in this subsection:
14		"Domestic violence" means abuse by a family or household
15		member, as "abuse" and "family or household members" are
16		defined in Section 103 of the Illinois Domestic Violence Act
17		of 1986.
18		"Sexual violence" means sexual assault, abuse, or stalking
19		of an adult or minor child proscribed in the Criminal Code of
20		1961 or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50,
21		11-1.60, 12-7.3, 12-7.4, 12-7.5, 12-12, 12-13, 12-14, 12-14.1,
22		12-15, and 12-16 of the Criminal Code of 2012, including
23		sexual violence committed by perpetrators who are strangers to
24		the victim and sexual violence committed by perpetrators who
25		are known or related by blood or marriage to the victim.
26		The training regarding domestic and sexual violence and

HB4844 Engrossed - 831 - LRB103 39009 AMC 69146 b
1		the needs of expectant and parenting youth for staff required
2		by this Section must be conducted by persons with expertise in
3		domestic and sexual violence and the needs of expectant and
4		parenting youth, and shall include, but is not limited to:
5		(1) communicating with and listening to youth victims
6		of domestic or sexual violence and expectant and parenting
7		youth;
8		(2) connecting youth victims of domestic or sexual
9		violence and expectant and parenting youth to appropriate
10		in-school services and other agencies, programs, and
11		services as needed;
12		(3) implementing the school district's policies,
13		procedures, and protocols with regard to such youth,
14		including confidentiality; at . At a minimum, school
15		personnel must be trained to understand, provide
16		information and referrals, and address issues pertaining
17		to youth who are parents, expectant parents, or victims of
18		domestic or sexual violence; and
19		(4) procedures for responding to incidents of teen
20		dating violence that take place at the school, on school
21		grounds, at school-sponsored activities, or in vehicles
22		used for school-provided transportation as outlined in
23		Section 3.10 of the Critical Health Problems and
24		Comprehensive Health Education Act.
25		(b-30) The training regarding protections and
26		accommodations for students shall include, but is not limited

HB4844 Engrossed - 832 - LRB103 39009 AMC 69146 b
1		to, instruction on the federal Americans with Disabilities
2		Act, as it pertains to the school environment, and
3		homelessness. Beginning with the 2024-2025 school year,
4		training on homelessness must be completed within 6 months of
5		an employee first being employed by a school board and renewed
6		within 2 years. Beginning with the 2027-2028 school year, the
7		training must be completed within 6 months of the employee
8		first being employed by a school board and renewed at least
9		once every 5 years thereafter. Training on homelessness shall
10		include the following:
11		(1) the definition of homeless children and youths
12		under 42 U.S.C. 11434a;
13		(2) the signs of homelessness and housing insecurity;
14		(3) the rights of students experiencing homelessness
15		under State and federal law;
16		(4) the steps to take when a homeless or
17		housing-insecure student is identified; and
18		(5) the appropriate referral techniques, including the
19		name and contact number of the school or school district
20		homeless liaison.
21		School boards may work with a community-based organization
22		that specializes in working with homeless children and youth
23		to develop and provide the training.
24		(b-35) The training regarding educator ethics and
25		responding to child sexual abuse and grooming behavior shall
26		include, but is not limited to, teacher-student conduct,

HB4844 Engrossed - 833 - LRB103 39009 AMC 69146 b
1		school employee-student conduct, and evidence-informed
2		training on preventing, recognizing, reporting, and responding
3		to child sexual abuse and grooming as outlined in Section
4		10-23.13.
5		(b-40) The training regarding effective instruction in
6		violence prevention and conflict resolution required by this
7		Section shall be conducted in accordance with the requirements
8		of Section 27-23.4.
9		(b-45) (c) Beginning July 1, 2024, all nonpublic
10		elementary and secondary school teachers, administrators, and
11		school support personnel shall complete the training set forth
12		in subsection (b-5). Training must be completed within 6
13		months of first being employed by a nonpublic school and
14		renewed at least once every 5 years, unless required more
15		frequently by other State or federal law. If nonpublic
16		teachers, administrators, or school support personnel obtain
17		training from a public school district or nonpublic school
18		employer, the teacher, administrator, or school support
19		personnel may present documentation to the nonpublic school
20		showing current compliance with this subsection to satisfy the
21		requirement of receiving training within 6 months of first
22		being employed. must include the definitions of trauma,
23		trauma-responsive learning environments, and whole child set
24		forth in subsection (b) of Section 3-11 of this Code and
25		(c) (Blank).
26		(d) (Blank).

HB4844 Engrossed - 834 - LRB103 39009 AMC 69146 b
1		(e) (Blank).
2		(f) (Blank).
3		(g) At least once every 2 years, a school board shall
4		conduct in-service training for all school district employees
5		on the methods to respond to trauma. The training must include
6		instruction on how to respond to an incident involving
7		life-threatening bleeding and, if applicable, how to use a
8		school's trauma kit. A school board may satisfy the training
9		requirements under this subsection by using the training,
10		including online training, available from the American College
11		of Surgeons or any other similar organization.
12		School district employees who are trained to respond to
13		trauma pursuant to this subsection (g) shall be immune from
14		civil liability in the use of a trauma kit unless the action
15		constitutes willful or wanton misconduct.
16		(h) (g) At least once every 2 years, a school board shall
17		conduct in-service training on homelessness for all school
18		personnel. The training shall include:
19		(1) the definition of homeless children and youth
20		under Section 11434a of Title 42 of the United States
21		Code;
22		(2) the signs of homelessness and housing insecurity;
23		(3) the rights of students experiencing homelessness
24		under State and federal law;
25		(4) the steps to take when a homeless or
26		housing-insecure student is identified; and

HB4844 Engrossed - 835 - LRB103 39009 AMC 69146 b
1		(5) the appropriate referral techniques, including the
2		name and contact number of the school or school district
3		homeless liaison.
4		A school board may work with a community-based
5		organization that specializes in working with homeless
6		children and youth to develop and provide the training.
7		(Source: P.A. 102-197, eff. 7-30-21; 102-638, eff. 1-1-23;
8		102-813, eff. 5-13-22; 103-41, eff. 8-20-24; 103-128, eff.
9		6-30-23; 103-413, eff. 1-1-24; 103-542, eff. 7-1-24 (see
10		Section 905 of P.A. 103-563 for effective date of P.A.
11		103-542); revised 11-27-23.)
12		(105 ILCS 5/14-7.02) (from Ch. 122, par. 14-7.02)
13		Sec. 14-7.02. Children attending private schools, public
14		out-of-state schools, public school residential facilities or
15		private special education facilities.
16		(a) The General Assembly recognizes that non-public
17		schools or special education facilities provide an important
18		service in the educational system in Illinois.
19		(b) If a student's individualized education program (IEP)
20		team determines that because of his or her disability the
21		special education program of a district is unable to meet the
22		needs of the child and the child attends a non-public school or
23		special education facility, a public out-of-state school or a
24		special education facility owned and operated by a county
25		government unit that provides special educational services

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1		required by the child and is in compliance with the
2		appropriate rules and regulations of the State Superintendent
3		of Education, the school district in which the child is a
4		resident shall pay the actual cost of tuition for special
5		education and related services provided during the regular
6		school term and during the summer school term if the child's
7		educational needs so require, excluding room, board and
8		transportation costs charged the child by that non-public
9		school or special education facility, public out-of-state
10		school or county special education facility, or $4,500 per
11		year, whichever is less, and shall provide him any necessary
12		transportation. "Nonpublic special education facility" shall
13		include a residential facility, within or without the State of
14		Illinois, which provides special education and related
15		services to meet the needs of the child by utilizing private
16		schools or public schools, whether located on the site or off
17		the site of the residential facility. Resident district
18		financial responsibility and reimbursement applies for both
19		nonpublic special education facilities that are approved by
20		the State Board of Education pursuant to 23 Ill. Adm. Code 401
21		or other applicable laws or rules and for emergency
22		residential placements in nonpublic special education
23		facilities that are not approved by the State Board of
24		Education pursuant to 23 Ill. Adm. Code 401 or other
25		applicable laws or rules, subject to the requirements of this
26		Section.

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1		(c) Prior to the placement of a child in an out-of-state
2		special education residential facility, the school district
3		must refer to the child or the child's parent or guardian the
4		option to place the child in a special education residential
5		facility located within this State, if any, that provides
6		treatment and services comparable to those provided by the
7		out-of-state special education residential facility. The
8		school district must review annually the placement of a child
9		in an out-of-state special education residential facility. As
10		a part of the review, the school district must refer to the
11		child or the child's parent or guardian the option to place the
12		child in a comparable special education residential facility
13		located within this State, if any.
14		(c-5) Before a provider that operates a nonpublic special
15		education facility terminates a student's placement in that
16		facility, the provider must request an IEP meeting from the
17		contracting school district. If the provider elects to
18		terminate the student's placement following the IEP meeting,
19		the provider must give written notice to this effect to the
20		parent or guardian, the contracting public school district,
21		and the State Board of Education no later than 20 business days
22		before the date of termination, unless the health and safety
23		of any student are endangered. The notice must include the
24		detailed reasons for the termination and any actions taken to
25		address the reason for the termination.
26		(d) Payments shall be made by the resident school district

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1		to the entity providing the educational services, whether the
2		entity is the nonpublic special education facility or the
3		school district wherein the facility is located, no less than
4		once per quarter, unless otherwise agreed to in writing by the
5		parties.
6		(e) A school district may residentially place a student in
7		a nonpublic special education facility providing educational
8		services, but not approved by the State Board of Education
9		pursuant to 23 Ill. Adm. Code 401 or other applicable laws or
10		rules, provided that the State Board of Education provides an
11		emergency and student-specific approval for residential
12		placement. The State Board of Education shall promptly, within
13		10 days after the request, approve a request for emergency and
14		student-specific approval for residential placement if the
15		following have been demonstrated to the State Board of
16		Education:
17		(1) the facility demonstrates appropriate licensure of
18		teachers for the student population;
19		(2) the facility demonstrates age-appropriate
20		curriculum;
21		(3) the facility provides enrollment and attendance
22		data;
23		(4) the facility demonstrates the ability to implement
24		the child's IEP; and
25		(5) the school district demonstrates that it made good
26		faith efforts to residentially place the student in an

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1		approved facility, but no approved facility has accepted
2		the student or has availability for immediate residential
3		placement of the student.
4		A resident school district may also submit such proof to the
5		State Board of Education as may be required for its student.
6		The State Board of Education may not unreasonably withhold
7		approval once satisfactory proof is provided to the State
8		Board.
9		(f) If an impartial due process hearing officer who is
10		contracted by the State Board of Education pursuant to this
11		Article orders placement of a student with a disability in a
12		residential facility that is not approved by the State Board
13		of Education, then, for purposes of this Section, the facility
14		shall be deemed approved for placement and school district
15		payments and State reimbursements shall be made accordingly.
16		(g) Emergency residential placement in a facility approved
17		pursuant to subsection (e) or (f) may continue to be utilized
18		so long as (i) the student's IEP team determines annually that
19		such placement continues to be appropriate to meet the
20		student's needs and (ii) at least every 3 years following the
21		student's residential placement, the IEP team reviews
22		appropriate placements approved by the State Board of
23		Education pursuant to 23 Ill. Adm. Code 401 or other
24		applicable laws or rules to determine whether there are any
25		approved placements that can meet the student's needs, have
26		accepted the student, and have availability for placement of

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1		the student.
2		(h) The State Board of Education shall promulgate rules
3		and regulations for determining when placement in a private
4		special education facility is appropriate. Such rules and
5		regulations shall take into account the various types of
6		services needed by a child and the availability of such
7		services to the particular child in the public school. In
8		developing these rules and regulations the State Board of
9		Education shall consult with the Advisory Council on Education
10		of Children with Disabilities and hold public hearings to
11		secure recommendations from parents, school personnel, and
12		others concerned about this matter.
13		The State Board of Education shall also promulgate rules
14		and regulations for transportation to and from a residential
15		school. Transportation to and from home to a residential
16		school more than once each school term shall be subject to
17		prior approval by the State Superintendent in accordance with
18		the rules and regulations of the State Board.
19		(i) A school district making tuition payments pursuant to
20		this Section is eligible for reimbursement from the State for
21		the amount of such payments actually made in excess of the
22		district per capita tuition charge for students not receiving
23		special education services. Such reimbursement shall be
24		approved in accordance with Section 14-12.01 and each district
25		shall file its claims, computed in accordance with rules
26		prescribed by the State Board of Education, on forms

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1		prescribed by the State Superintendent of Education. Data used
2		as a basis of reimbursement claims shall be for the preceding
3		regular school term and summer school term. Each school
4		district shall transmit its claims to the State Board of
5		Education on or before August 15. The State Board of
6		Education, before approving any such claims, shall determine
7		their accuracy and whether they are based upon services and
8		facilities provided under approved programs. Upon approval the
9		State Board shall cause vouchers to be prepared showing the
10		amount due for payment of reimbursement claims to school
11		districts, for transmittal to the State Comptroller on the
12		30th day of September, December, and March, respectively, and
13		the final voucher, no later than June 20. If the money
14		appropriated by the General Assembly for such purpose for any
15		year is insufficient, it shall be apportioned on the basis of
16		the claims approved.
17		(j) No child shall be placed in a special education
18		program pursuant to this Section if the tuition cost for
19		special education and related services increases more than 10
20		percent over the tuition cost for the previous school year or
21		exceeds $4,500 per year unless such costs have been approved
22		by the Illinois Purchased Care Review Board. The Illinois
23		Purchased Care Review Board shall consist of the following
24		persons, or their designees: the Directors of Children and
25		Family Services, Public Health, Public Aid, and the Governor's
26		Office of Management and Budget; the Secretary of Human

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1		Services; the State Superintendent of Education; and such
2		other persons as the Governor may designate. The Review Board
3		shall also consist of one non-voting member who is an
4		administrator of a private, nonpublic, special education
5		school. The Review Board shall establish rules and regulations
6		for its determination of allowable costs and payments made by
7		local school districts for special education, room and board,
8		and other related services provided by non-public schools or
9		special education facilities and shall establish uniform
10		standards and criteria which it shall follow. The Review Board
11		shall approve the usual and customary rate or rates of a
12		special education program that (i) is offered by an
13		out-of-state, non-public provider of integrated autism
14		specific educational and autism specific residential services,
15		(ii) offers 2 or more levels of residential care, including at
16		least one locked facility, and (iii) serves 12 or fewer
17		Illinois students.
18		(k) In determining rates based on allowable costs, the
19		Review Board shall consider any wage increases awarded by the
20		General Assembly to front line personnel defined as direct
21		support persons, aides, front-line supervisors, qualified
22		intellectual disabilities professionals, nurses, and
23		non-administrative support staff working in service settings
24		in community-based settings within the State and adjust
25		customary rates or rates of a special education program to be
26		equitable to the wage increase awarded to similar staff

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1		positions in a community residential setting. Any wage
2		increase awarded by the General Assembly to front line
3		personnel defined as direct support persons, aides, front-line
4		supervisors, qualified intellectual disabilities
5		professionals, nurses, and non-administrative support staff
6		working in community-based settings within the State,
7		including the $0.75 per hour increase contained in Public Act
8		100-23 and the $0.50 per hour increase included in Public Act
9		100-23, shall also be a basis for any facility covered by this
10		Section to appeal its rate before the Review Board under the
11		process defined in Title 89, Part 900, Section 340 of the
12		Illinois Administrative Code. Illinois Administrative Code
13		Title 89, Part 900, Section 342 shall be updated to recognize
14		wage increases awarded to community-based settings to be a
15		basis for appeal. However, any wage increase that is captured
16		upon appeal from a previous year shall not be counted by the
17		Review Board as revenue for the purpose of calculating a
18		facility's future rate.
19		(l) Any definition used by the Review Board in
20		administrative rule or policy to define "related
21		organizations" shall include any and all exceptions contained
22		in federal law or regulation as it pertains to the federal
23		definition of "related organizations".
24		(m) The Review Board shall establish uniform definitions
25		and criteria for accounting separately by special education,
26		room and board and other related services costs. The Board

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1		shall also establish guidelines for the coordination of
2		services and financial assistance provided by all State
3		agencies to assure that no otherwise qualified child with a
4		disability receiving services under Article 14 shall be
5		excluded from participation in, be denied the benefits of or
6		be subjected to discrimination under any program or activity
7		provided by any State agency.
8		(n) The Review Board shall review the costs for special
9		education and related services provided by non-public schools
10		or special education facilities and shall approve or
11		disapprove such facilities in accordance with the rules and
12		regulations established by it with respect to allowable costs.
13		(o) The State Board of Education shall provide
14		administrative and staff support for the Review Board as
15		deemed reasonable by the State Superintendent of Education.
16		This support shall not include travel expenses or other
17		compensation for any Review Board member other than the State
18		Superintendent of Education.
19		(p) The Review Board shall seek the advice of the Advisory
20		Council on Education of Children with Disabilities on the
21		rules and regulations to be promulgated by it relative to
22		providing special education services.
23		(q) If a child has been placed in a program in which the
24		actual per pupil costs of tuition for special education and
25		related services based on program enrollment, excluding room,
26		board and transportation costs, exceed $4,500 and such costs

HB4844 Engrossed - 845 - LRB103 39009 AMC 69146 b
1		have been approved by the Review Board, the district shall pay
2		such total costs which exceed $4,500. A district making such
3		tuition payments in excess of $4,500 pursuant to this Section
4		shall be responsible for an amount in excess of $4,500 equal to
5		the district per capita tuition charge and shall be eligible
6		for reimbursement from the State for the amount of such
7		payments actually made in excess of the districts per capita
8		tuition charge for students not receiving special education
9		services.
10		(r) If a child has been placed in an approved individual
11		program and the tuition costs including room and board costs
12		have been approved by the Review Board, then such room and
13		board costs shall be paid by the appropriate State agency
14		subject to the provisions of Section 14-8.01 of this Act. Room
15		and board costs not provided by a State agency other than the
16		State Board of Education shall be provided by the State Board
17		of Education on a current basis. In no event, however, shall
18		the State's liability for funding of these tuition costs begin
19		until after the legal obligations of third party payors have
20		been subtracted from such costs. If the money appropriated by
21		the General Assembly for such purpose for any year is
22		insufficient, it shall be apportioned on the basis of the
23		claims approved. Each district shall submit estimated claims
24		to the State Superintendent of Education. Upon approval of
25		such claims, the State Superintendent of Education shall
26		direct the State Comptroller to make payments on a monthly

HB4844 Engrossed - 846 - LRB103 39009 AMC 69146 b
1		basis. The frequency for submitting estimated claims and the
2		method of determining payment shall be prescribed in rules and
3		regulations adopted by the State Board of Education. Such
4		current state reimbursement shall be reduced by an amount
5		equal to the proceeds which the child or child's parents are
6		eligible to receive under any public or private insurance or
7		assistance program. Nothing in this Section shall be construed
8		as relieving an insurer or similar third party from an
9		otherwise valid obligation to provide or to pay for services
10		provided to a child with a disability.
11		(s) If it otherwise qualifies, a school district is
12		eligible for the transportation reimbursement under Section
13		14-13.01 and for the reimbursement of tuition payments under
14		this Section whether the non-public school or special
15		education facility, public out-of-state school or county
16		special education facility, attended by a child who resides in
17		that district and requires special educational services, is
18		within or outside of the State of Illinois. However, a
19		district is not eligible to claim transportation reimbursement
20		under this Section unless the district certifies to the State
21		Superintendent of Education that the district is unable to
22		provide special educational services required by the child for
23		the current school year.
24		(t) Nothing in this Section authorizes the reimbursement
25		of a school district for the amount paid for tuition of a child
26		attending a non-public school or special education facility,

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1		public out-of-state school or county special education
2		facility unless the school district certifies to the State
3		Superintendent of Education that the special education program
4		of that district is unable to meet the needs of that child
5		because of his disability and the State Superintendent of
6		Education finds that the school district is in substantial
7		compliance with Section 14-4.01. However, if a child is
8		unilaterally placed by a State agency or any court in a
9		non-public school or special education facility, public
10		out-of-state school, or county special education facility, a
11		school district shall not be required to certify to the State
12		Superintendent of Education, for the purpose of tuition
13		reimbursement, that the special education program of that
14		district is unable to meet the needs of a child because of his
15		or her disability.
16		(u) Any educational or related services provided, pursuant
17		to this Section in a non-public school or special education
18		facility or a special education facility owned and operated by
19		a county government unit shall be at no cost to the parent or
20		guardian of the child. However, current law and practices
21		relative to contributions by parents or guardians for costs
22		other than educational or related services are not affected by
23		this amendatory Act of 1978.
24		(v) Reimbursement for children attending public school
25		residential facilities shall be made in accordance with the
26		provisions of this Section.

HB4844 Engrossed - 848 - LRB103 39009 AMC 69146 b
1		(w) Notwithstanding any other provision of law, any school
2		district receiving a payment under this Section or under
3		Section 14-7.02b, 14-13.01, or 29-5 of this Code may classify
4		all or a portion of the funds that it receives in a particular
5		fiscal year or from general State aid pursuant to Section
6		18-8.05 of this Code as funds received in connection with any
7		funding program for which it is entitled to receive funds from
8		the State in that fiscal year (including, without limitation,
9		any funding program referenced in this Section), regardless of
10		the source or timing of the receipt. The district may not
11		classify more funds as funds received in connection with the
12		funding program than the district is entitled to receive in
13		that fiscal year for that program. Any classification by a
14		district must be made by a resolution of its board of
15		education. The resolution must identify the amount of any
16		payments or general State aid to be classified under this
17		paragraph and must specify the funding program to which the
18		funds are to be treated as received in connection therewith.
19		This resolution is controlling as to the classification of
20		funds referenced therein. A certified copy of the resolution
21		must be sent to the State Superintendent of Education. The
22		resolution shall still take effect even though a copy of the
23		resolution has not been sent to the State Superintendent of
24		Education in a timely manner. No classification under this
25		paragraph by a district shall affect the total amount or
26		timing of money the district is entitled to receive under this

HB4844 Engrossed - 849 - LRB103 39009 AMC 69146 b
1		Code. No classification under this paragraph by a district
2		shall in any way relieve the district from or affect any
3		requirements that otherwise would apply with respect to that
4		funding program, including any accounting of funds by source,
5		reporting expenditures by original source and purpose,
6		reporting requirements, or requirements of providing services.
7		(Source: P.A. 102-254, eff. 8-6-21; 102-703, eff. 4-22-22;
8		103-175, eff. 6-30-23; 103-546, eff. 8-11-23; revised
9		8-30-23.)
10		(105 ILCS 5/14-8.02) (from Ch. 122, par. 14-8.02)
11		Sec. 14-8.02. Identification, evaluation, and placement of
12		children.
13		(a) The State Board of Education shall make rules under
14		which local school boards shall determine the eligibility of
15		children to receive special education. Such rules shall ensure
16		that a free appropriate public education be available to all
17		children with disabilities as defined in Section 14-1.02. The
18		State Board of Education shall require local school districts
19		to administer non-discriminatory procedures or tests to
20		English learners coming from homes in which a language other
21		than English is used to determine their eligibility to receive
22		special education. The placement of low English proficiency
23		students in special education programs and facilities shall be
24		made in accordance with the test results reflecting the
25		student's linguistic, cultural and special education needs.

HB4844 Engrossed - 850 - LRB103 39009 AMC 69146 b
1		For purposes of determining the eligibility of children the
2		State Board of Education shall include in the rules
3		definitions of "case study", "staff conference",
4		"individualized educational program", and "qualified
5		specialist" appropriate to each category of children with
6		disabilities as defined in this Article. For purposes of
7		determining the eligibility of children from homes in which a
8		language other than English is used, the State Board of
9		Education shall include in the rules definitions for
10		"qualified bilingual specialists" and "linguistically and
11		culturally appropriate individualized educational programs".
12		For purposes of this Section, as well as Sections 14-8.02a,
13		14-8.02b, and 14-8.02c of this Code, "parent" means a parent
14		as defined in the federal Individuals with Disabilities
15		Education Act (20 U.S.C. 1401(23)).
16		(b) No child shall be eligible for special education
17		facilities except with a carefully completed case study fully
18		reviewed by professional personnel in a multidisciplinary
19		staff conference and only upon the recommendation of qualified
20		specialists or a qualified bilingual specialist, if available.
21		At the conclusion of the multidisciplinary staff conference,
22		the parent of the child and, if the child is in the legal
23		custody of the Department of Children and Family Services, the
24		Department's Office of Education and Transition Services shall
25		be given a copy of the multidisciplinary conference summary
26		report and recommendations, which includes options considered,

HB4844 Engrossed - 851 - LRB103 39009 AMC 69146 b
1		and, in the case of the parent, be informed of his or her right
2		to obtain an independent educational evaluation if he or she
3		disagrees with the evaluation findings conducted or obtained
4		by the school district. If the school district's evaluation is
5		shown to be inappropriate, the school district shall reimburse
6		the parent for the cost of the independent evaluation. The
7		State Board of Education shall, with advice from the State
8		Advisory Council on Education of Children with Disabilities on
9		the inclusion of specific independent educational evaluators,
10		prepare a list of suggested independent educational
11		evaluators. The State Board of Education shall include on the
12		list clinical psychologists licensed pursuant to the Clinical
13		Psychologist Licensing Act. Such psychologists shall not be
14		paid fees in excess of the amount that would be received by a
15		school psychologist for performing the same services. The
16		State Board of Education shall supply school districts with
17		such list and make the list available to parents at their
18		request. School districts shall make the list available to
19		parents at the time they are informed of their right to obtain
20		an independent educational evaluation. However, the school
21		district may initiate an impartial due process hearing under
22		this Section within 5 days of any written parent request for an
23		independent educational evaluation to show that its evaluation
24		is appropriate. If the final decision is that the evaluation
25		is appropriate, the parent still has a right to an independent
26		educational evaluation, but not at public expense. An

HB4844 Engrossed - 852 - LRB103 39009 AMC 69146 b
1		independent educational evaluation at public expense must be
2		completed within 30 days of a parent's parent written request
3		unless the school district initiates an impartial due process
4		hearing or the parent or school district offers reasonable
5		grounds to show that such 30-day time period should be
6		extended. If the due process hearing decision indicates that
7		the parent is entitled to an independent educational
8		evaluation, it must be completed within 30 days of the
9		decision unless the parent or the school district offers
10		reasonable grounds to show that such 30-day period should be
11		extended. If a parent disagrees with the summary report or
12		recommendations of the multidisciplinary conference or the
13		findings of any educational evaluation which results
14		therefrom, the school district shall not proceed with a
15		placement based upon such evaluation and the child shall
16		remain in his or her regular classroom setting. No child shall
17		be eligible for admission to a special class for children with
18		a mental disability who are educable or for children with a
19		mental disability who are trainable except with a
20		psychological evaluation and recommendation by a school
21		psychologist. Consent shall be obtained from the parent of a
22		child before any evaluation is conducted. If consent is not
23		given by the parent or if the parent disagrees with the
24		findings of the evaluation, then the school district may
25		initiate an impartial due process hearing under this Section.
26		The school district may evaluate the child if that is the

HB4844 Engrossed - 853 - LRB103 39009 AMC 69146 b
1		decision resulting from the impartial due process hearing and
2		the decision is not appealed or if the decision is affirmed on
3		appeal. The determination of eligibility shall be made and the
4		IEP meeting shall be completed within 60 school days from the
5		date of written parental consent. In those instances when
6		written parental consent is obtained with fewer than 60 pupil
7		attendance days left in the school year, the eligibility
8		determination shall be made and the IEP meeting shall be
9		completed prior to the first day of the following school year.
10		Special education and related services must be provided in
11		accordance with the student's IEP no later than 10 school
12		attendance days after notice is provided to the parents
13		pursuant to Section 300.503 of Title 34 of the Code of Federal
14		Regulations and implementing rules adopted by the State Board
15		of Education. The appropriate program pursuant to the
16		individualized educational program of students whose native
17		tongue is a language other than English shall reflect the
18		special education, cultural and linguistic needs. No later
19		than September 1, 1993, the State Board of Education shall
20		establish standards for the development, implementation and
21		monitoring of appropriate bilingual special individualized
22		educational programs. The State Board of Education shall
23		further incorporate appropriate monitoring procedures to
24		verify implementation of these standards. The district shall
25		indicate to the parent, the State Board of Education, and, if
26		applicable, the Department's Office of Education and

HB4844 Engrossed - 854 - LRB103 39009 AMC 69146 b
1		Transition Services the nature of the services the child will
2		receive for the regular school term while awaiting placement
3		in the appropriate special education class. At the child's
4		initial IEP meeting and at each annual review meeting, the
5		child's IEP team shall provide the child's parent or guardian
6		and, if applicable, the Department's Office of Education and
7		Transition Services with a written notification that informs
8		the parent or guardian or the Department's Office of Education
9		and Transition Services that the IEP team is required to
10		consider whether the child requires assistive technology in
11		order to receive free, appropriate public education. The
12		notification must also include a toll-free telephone number
13		and internet address for the State's assistive technology
14		program.
15		If the child is deaf, hard of hearing, blind, or visually
16		impaired or has an orthopedic impairment or physical
17		disability and he or she might be eligible to receive services
18		from the Illinois School for the Deaf, the Illinois School for
19		the Visually Impaired, or the Illinois Center for
20		Rehabilitation and Education-Roosevelt, the school district
21		shall notify the parents, in writing, of the existence of
22		these schools and the services they provide and shall make a
23		reasonable effort to inform the parents of the existence of
24		other, local schools that provide similar services and the
25		services that these other schools provide. This notification
26		shall include, without limitation, information on school

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1		services, school admissions criteria, and school contact
2		information.
3		In the development of the individualized education program
4		for a student who has a disability on the autism spectrum
5		(which includes autistic disorder, Asperger's disorder,
6		pervasive developmental disorder not otherwise specified,
7		childhood disintegrative disorder, and Rett Syndrome, as
8		defined in the Diagnostic and Statistical Manual of Mental
9		Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall
10		consider all of the following factors:
11		(1) The verbal and nonverbal communication needs of
12		the child.
13		(2) The need to develop social interaction skills and
14		proficiencies.
15		(3) The needs resulting from the child's unusual
16		responses to sensory experiences.
17		(4) The needs resulting from resistance to
18		environmental change or change in daily routines.
19		(5) The needs resulting from engagement in repetitive
20		activities and stereotyped movements.
21		(6) The need for any positive behavioral
22		interventions, strategies, and supports to address any
23		behavioral difficulties resulting from autism spectrum
24		disorder.
25		(7) Other needs resulting from the child's disability
26		that impact progress in the general curriculum, including

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1		social and emotional development.
2		Public Act 95-257 does not create any new entitlement to a
3		service, program, or benefit, but must not affect any
4		entitlement to a service, program, or benefit created by any
5		other law.
6		If the student may be eligible to participate in the
7		Home-Based Support Services Program for Adults with Mental
8		Disabilities authorized under the Developmental Disability and
9		Mental Disability Services Act upon becoming an adult, the
10		student's individualized education program shall include plans
11		for (i) determining the student's eligibility for those
12		home-based services, (ii) enrolling the student in the program
13		of home-based services, and (iii) developing a plan for the
14		student's most effective use of the home-based services after
15		the student becomes an adult and no longer receives special
16		educational services under this Article. The plans developed
17		under this paragraph shall include specific actions to be
18		taken by specified individuals, agencies, or officials.
19		(c) In the development of the individualized education
20		program for a student who is functionally blind, it shall be
21		presumed that proficiency in Braille reading and writing is
22		essential for the student's satisfactory educational progress.
23		For purposes of this subsection, the State Board of Education
24		shall determine the criteria for a student to be classified as
25		functionally blind. Students who are not currently identified
26		as functionally blind who are also entitled to Braille

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1		instruction include: (i) those whose vision loss is so severe
2		that they are unable to read and write at a level comparable to
3		their peers solely through the use of vision, and (ii) those
4		who show evidence of progressive vision loss that may result
5		in functional blindness. Each student who is functionally
6		blind shall be entitled to Braille reading and writing
7		instruction that is sufficient to enable the student to
8		communicate with the same level of proficiency as other
9		students of comparable ability. Instruction should be provided
10		to the extent that the student is physically and cognitively
11		able to use Braille. Braille instruction may be used in
12		combination with other special education services appropriate
13		to the student's educational needs. The assessment of each
14		student who is functionally blind for the purpose of
15		developing the student's individualized education program
16		shall include documentation of the student's strengths and
17		weaknesses in Braille skills. Each person assisting in the
18		development of the individualized education program for a
19		student who is functionally blind shall receive information
20		describing the benefits of Braille instruction. The
21		individualized education program for each student who is
22		functionally blind shall specify the appropriate learning
23		medium or media based on the assessment report.
24		(d) To the maximum extent appropriate, the placement shall
25		provide the child with the opportunity to be educated with
26		children who do not have a disability; provided that children

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1		with disabilities who are recommended to be placed into
2		regular education classrooms are provided with supplementary
3		services to assist the children with disabilities to benefit
4		from the regular classroom instruction and are included on the
5		teacher's regular education class register. Subject to the
6		limitation of the preceding sentence, placement in special
7		classes, separate schools or other removal of the child with a
8		disability from the regular educational environment shall
9		occur only when the nature of the severity of the disability is
10		such that education in the regular classes with the use of
11		supplementary aids and services cannot be achieved
12		satisfactorily. The placement of English learners with
13		disabilities shall be in non-restrictive environments which
14		provide for integration with peers who do not have
15		disabilities in bilingual classrooms. Annually, each January,
16		school districts shall report data on students from
17		non-English speaking backgrounds receiving special education
18		and related services in public and private facilities as
19		prescribed in Section 2-3.30. If there is a disagreement
20		between parties involved regarding the special education
21		placement of any child, either in-state or out-of-state, the
22		placement is subject to impartial due process procedures
23		described in Article 10 of the Rules and Regulations to Govern
24		the Administration and Operation of Special Education.
25		(e) No child who comes from a home in which a language
26		other than English is the principal language used may be

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1		assigned to any class or program under this Article until he
2		has been given, in the principal language used by the child and
3		used in his home, tests reasonably related to his cultural
4		environment. All testing and evaluation materials and
5		procedures utilized for evaluation and placement shall not be
6		linguistically, racially or culturally discriminatory.
7		(f) Nothing in this Article shall be construed to require
8		any child to undergo any physical examination or medical
9		treatment whose parents object thereto on the grounds that
10		such examination or treatment conflicts with his religious
11		beliefs.
12		(g) School boards or their designee shall provide to the
13		parents of a child or, if applicable, the Department of
14		Children and Family Services' Office of Education and
15		Transition Services prior written notice of any decision (a)
16		proposing to initiate or change, or (b) refusing to initiate
17		or change, the identification, evaluation, or educational
18		placement of the child or the provision of a free appropriate
19		public education to their child, and the reasons therefor. For
20		a parent, such written notification shall also inform the
21		parent of the opportunity to present complaints with respect
22		to any matter relating to the educational placement of the
23		student, or the provision of a free appropriate public
24		education and to have an impartial due process hearing on the
25		complaint. The notice shall inform the parents in the parents'
26		native language, unless it is clearly not feasible to do so, of

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1		their rights and all procedures available pursuant to this Act
2		and the federal Individuals with Disabilities Education
3		Improvement Act of 2004 (Public Law 108-446); it shall be the
4		responsibility of the State Superintendent to develop uniform
5		notices setting forth the procedures available under this Act
6		and the federal Individuals with Disabilities Education
7		Improvement Act of 2004 (Public Law 108-446) to be used by all
8		school boards. The notice shall also inform the parents of the
9		availability upon request of a list of free or low-cost legal
10		and other relevant services available locally to assist
11		parents in initiating an impartial due process hearing. The
12		State Superintendent shall revise the uniform notices required
13		by this subsection (g) to reflect current law and procedures
14		at least once every 2 years. Any parent who is deaf or does not
15		normally communicate using spoken English and who participates
16		in a meeting with a representative of a local educational
17		agency for the purposes of developing an individualized
18		educational program or attends a multidisciplinary conference
19		shall be entitled to the services of an interpreter. The State
20		Board of Education must adopt rules to establish the criteria,
21		standards, and competencies for a bilingual language
22		interpreter who attends an individualized education program
23		meeting under this subsection to assist a parent who has
24		limited English proficiency.
25		(g-5) For purposes of this subsection (g-5), "qualified
26		professional" means an individual who holds credentials to

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1		evaluate the child in the domain or domains for which an
2		evaluation is sought or an intern working under the direct
3		supervision of a qualified professional, including a master's
4		or doctoral degree candidate.
5		To ensure that a parent can participate fully and
6		effectively with school personnel in the development of
7		appropriate educational and related services for his or her
8		child, the parent, an independent educational evaluator, or a
9		qualified professional retained by or on behalf of a parent or
10		child must be afforded reasonable access to educational
11		facilities, personnel, classrooms, and buildings and to the
12		child as provided in this subsection (g-5). The requirements
13		of this subsection (g-5) apply to any public school facility,
14		building, or program and to any facility, building, or program
15		supported in whole or in part by public funds. Prior to
16		visiting a school, school building, or school facility, the
17		parent, independent educational evaluator, or qualified
18		professional may be required by the school district to inform
19		the building principal or supervisor in writing of the
20		proposed visit, the purpose of the visit, and the approximate
21		duration of the visit. The visitor and the school district
22		shall arrange the visit or visits at times that are mutually
23		agreeable. Visitors shall comply with school safety, security,
24		and visitation policies at all times. School district
25		visitation policies must not conflict with this subsection
26		(g-5). Visitors shall be required to comply with the

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1		requirements of applicable privacy laws, including those laws
2		protecting the confidentiality of education records such as
3		the federal Family Educational Rights and Privacy Act and the
4		Illinois School Student Records Act. The visitor shall not
5		disrupt the educational process.
6		(1) A parent must be afforded reasonable access of
7		sufficient duration and scope for the purpose of observing
8		his or her child in the child's current educational
9		placement, services, or program or for the purpose of
10		visiting an educational placement or program proposed for
11		the child.
12		(2) An independent educational evaluator or a
13		qualified professional retained by or on behalf of a
14		parent or child must be afforded reasonable access of
15		sufficient duration and scope for the purpose of
16		conducting an evaluation of the child, the child's
17		performance, the child's current educational program,
18		placement, services, or environment, or any educational
19		program, placement, services, or environment proposed for
20		the child, including interviews of educational personnel,
21		child observations, assessments, tests or assessments of
22		the child's educational program, services, or placement or
23		of any proposed educational program, services, or
24		placement. If one or more interviews of school personnel
25		are part of the evaluation, the interviews must be
26		conducted at a mutually agreed-upon agreed upon time,

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1		date, and place that do not interfere with the school
2		employee's school duties. The school district may limit
3		interviews to personnel having information relevant to the
4		child's current educational services, program, or
5		placement or to a proposed educational service, program,
6		or placement.
7		(h) In the development of the individualized education
8		program or federal Section 504 plan for a student, if the
9		student needs extra accommodation during emergencies,
10		including natural disasters or an active shooter situation,
11		then that accommodation shall be taken into account when
12		developing the student's individualized education program or
13		federal Section 504 plan.
14		(Source: P.A. 102-199, eff. 7-1-22; 102-264, eff. 8-6-21;
15		102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1072, eff.
16		6-10-22; 103-197, eff. 1-1-24; revised 1-30-24.)
17		(105 ILCS 5/18-8.15)
18		Sec. 18-8.15. Evidence-Based Funding for student success
19		for the 2017-2018 and subsequent school years.
20		(a) General provisions.
21		(1) The purpose of this Section is to ensure that, by
22		June 30, 2027 and beyond, this State has a kindergarten
23		through grade 12 public education system with the capacity
24		to ensure the educational development of all persons to
25		the limits of their capacities in accordance with Section

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1		1 of Article X of the Constitution of the State of
2		Illinois. To accomplish that objective, this Section
3		creates a method of funding public education that is
4		evidence-based; is sufficient to ensure every student
5		receives a meaningful opportunity to learn irrespective of
6		race, ethnicity, sexual orientation, gender, or
7		community-income level; and is sustainable and
8		predictable. When fully funded under this Section, every
9		school shall have the resources, based on what the
10		evidence indicates is needed, to:
11		(A) provide all students with a high quality
12		education that offers the academic, enrichment, social
13		and emotional support, technical, and career-focused
14		programs that will allow them to become competitive
15		workers, responsible parents, productive citizens of
16		this State, and active members of our national
17		democracy;
18		(B) ensure all students receive the education they
19		need to graduate from high school with the skills
20		required to pursue post-secondary education and
21		training for a rewarding career;
22		(C) reduce, with a goal of eliminating, the
23		achievement gap between at-risk and non-at-risk
24		students by raising the performance of at-risk
25		students and not by reducing standards; and
26		(D) ensure this State satisfies its obligation to

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1		assume the primary responsibility to fund public
2		education and simultaneously relieve the
3		disproportionate burden placed on local property taxes
4		to fund schools.
5		(2) The Evidence-Based Funding formula under this
6		Section shall be applied to all Organizational Units in
7		this State. The Evidence-Based Funding formula outlined in
8		this Act is based on the formula outlined in Senate Bill 1
9		of the 100th General Assembly, as passed by both
10		legislative chambers. As further defined and described in
11		this Section, there are 4 major components of the
12		Evidence-Based Funding model:
13		(A) First, the model calculates a unique Adequacy
14		Target for each Organizational Unit in this State that
15		considers the costs to implement research-based
16		activities, the unit's student demographics, and
17		regional wage differences.
18		(B) Second, the model calculates each
19		Organizational Unit's Local Capacity, or the amount
20		each Organizational Unit is assumed to contribute
21		toward its Adequacy Target from local resources.
22		(C) Third, the model calculates how much funding
23		the State currently contributes to the Organizational
24		Unit and adds that to the unit's Local Capacity to
25		determine the unit's overall current adequacy of
26		funding.

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1		(D) Finally, the model's distribution method
2		allocates new State funding to those Organizational
3		Units that are least well-funded, considering both
4		Local Capacity and State funding, in relation to their
5		Adequacy Target.
6		(3) An Organizational Unit receiving any funding under
7		this Section may apply those funds to any fund so received
8		for which that Organizational Unit is authorized to make
9		expenditures by law.
10		(4) As used in this Section, the following terms shall
11		have the meanings ascribed in this paragraph (4):
12		"Adequacy Target" is defined in paragraph (1) of
13		subsection (b) of this Section.
14		"Adjusted EAV" is defined in paragraph (4) of
15		subsection (d) of this Section.
16		"Adjusted Local Capacity Target" is defined in
17		paragraph (3) of subsection (c) of this Section.
18		"Adjusted Operating Tax Rate" means a tax rate for all
19		Organizational Units, for which the State Superintendent
20		shall calculate and subtract for the Operating Tax Rate a
21		transportation rate based on total expenses for
22		transportation services under this Code, as reported on
23		the most recent Annual Financial Report in Pupil
24		Transportation Services, function 2550 in both the
25		Education and Transportation funds and functions 4110 and
26		4120 in the Transportation fund, less any corresponding

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1		fiscal year State of Illinois scheduled payments excluding
2		net adjustments for prior years for regular, vocational,
3		or special education transportation reimbursement pursuant
4		to Section 29-5 or subsection (b) of Section 14-13.01 of
5		this Code divided by the Adjusted EAV. If an
6		Organizational Unit's corresponding fiscal year State of
7		Illinois scheduled payments excluding net adjustments for
8		prior years for regular, vocational, or special education
9		transportation reimbursement pursuant to Section 29-5 or
10		subsection (b) of Section 14-13.01 of this Code exceed the
11		total transportation expenses, as defined in this
12		paragraph, no transportation rate shall be subtracted from
13		the Operating Tax Rate.
14		"Allocation Rate" is defined in paragraph (3) of
15		subsection (g) of this Section.
16		"Alternative School" means a public school that is
17		created and operated by a regional superintendent of
18		schools and approved by the State Board.
19		"Applicable Tax Rate" is defined in paragraph (1) of
20		subsection (d) of this Section.
21		"Assessment" means any of those benchmark, progress
22		monitoring, formative, diagnostic, and other assessments,
23		in addition to the State accountability assessment, that
24		assist teachers' needs in understanding the skills and
25		meeting the needs of the students they serve.
26		"Assistant principal" means a school administrator

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1		duly endorsed to be employed as an assistant principal in
2		this State.
3		"At-risk student" means a student who is at risk of
4		not meeting the Illinois Learning Standards or not
5		graduating from elementary or high school and who
6		demonstrates a need for vocational support or social
7		services beyond that provided by the regular school
8		program. All students included in an Organizational Unit's
9		Low-Income Count, as well as all English learner and
10		disabled students attending the Organizational Unit, shall
11		be considered at-risk students under this Section.
12		"Average Student Enrollment" or "ASE" for fiscal year
13		2018 means, for an Organizational Unit, the greater of the
14		average number of students (grades K through 12) reported
15		to the State Board as enrolled in the Organizational Unit
16		on October 1 in the immediately preceding school year,
17		plus the pre-kindergarten students who receive special
18		education services of 2 or more hours a day as reported to
19		the State Board on December 1 in the immediately preceding
20		school year, or the average number of students (grades K
21		through 12) reported to the State Board as enrolled in the
22		Organizational Unit on October 1, plus the
23		pre-kindergarten students who receive special education
24		services of 2 or more hours a day as reported to the State
25		Board on December 1, for each of the immediately preceding
26		3 school years. For fiscal year 2019 and each subsequent

HB4844 Engrossed - 869 - LRB103 39009 AMC 69146 b
1		fiscal year, "Average Student Enrollment" or "ASE" means,
2		for an Organizational Unit, the greater of the average
3		number of students (grades K through 12) reported to the
4		State Board as enrolled in the Organizational Unit on
5		October 1 and March 1 in the immediately preceding school
6		year, plus the pre-kindergarten students who receive
7		special education services as reported to the State Board
8		on October 1 and March 1 in the immediately preceding
9		school year, or the average number of students (grades K
10		through 12) reported to the State Board as enrolled in the
11		Organizational Unit on October 1 and March 1, plus the
12		pre-kindergarten students who receive special education
13		services as reported to the State Board on October 1 and
14		March 1, for each of the immediately preceding 3 school
15		years. For the purposes of this definition, "enrolled in
16		the Organizational Unit" means the number of students
17		reported to the State Board who are enrolled in schools
18		within the Organizational Unit that the student attends or
19		would attend if not placed or transferred to another
20		school or program to receive needed services. For the
21		purposes of calculating "ASE", all students, grades K
22		through 12, excluding those attending kindergarten for a
23		half day and students attending an alternative education
24		program operated by a regional office of education or
25		intermediate service center, shall be counted as 1.0. All
26		students attending kindergarten for a half day shall be

HB4844 Engrossed - 870 - LRB103 39009 AMC 69146 b
1		counted as 0.5, unless in 2017 by June 15 or by March 1 in
2		subsequent years, the school district reports to the State
3		Board of Education the intent to implement full-day
4		kindergarten district-wide for all students, then all
5		students attending kindergarten shall be counted as 1.0.
6		Special education pre-kindergarten students shall be
7		counted as 0.5 each. If the State Board does not collect or
8		has not collected both an October 1 and March 1 enrollment
9		count by grade or a December 1 collection of special
10		education pre-kindergarten students as of August 31, 2017
11		(the effective date of Public Act 100-465), it shall
12		establish such collection for all future years. For any
13		year in which a count by grade level was collected only
14		once, that count shall be used as the single count
15		available for computing a 3-year average ASE. Funding for
16		programs operated by a regional office of education or an
17		intermediate service center must be calculated using the
18		Evidence-Based Funding formula under this Section for the
19		2019-2020 school year and each subsequent school year
20		until separate adequacy formulas are developed and adopted
21		for each type of program. ASE for a program operated by a
22		regional office of education or an intermediate service
23		center must be determined by the March 1 enrollment for
24		the program. For the 2019-2020 school year, the ASE used
25		in the calculation must be the first-year ASE and, in that
26		year only, the assignment of students served by a regional

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1		office of education or intermediate service center shall
2		not result in a reduction of the March enrollment for any
3		school district. For the 2020-2021 school year, the ASE
4		must be the greater of the current-year ASE or the 2-year
5		average ASE. Beginning with the 2021-2022 school year, the
6		ASE must be the greater of the current-year ASE or the
7		3-year average ASE. School districts shall submit the data
8		for the ASE calculation to the State Board within 45 days
9		of the dates required in this Section for submission of
10		enrollment data in order for it to be included in the ASE
11		calculation. For fiscal year 2018 only, the ASE
12		calculation shall include only enrollment taken on October
13		1. In recognition of the impact of COVID-19, the
14		definition of "Average Student Enrollment" or "ASE" shall
15		be adjusted for calculations under this Section for fiscal
16		years 2022 through 2024. For fiscal years 2022 through
17		2024, the enrollment used in the calculation of ASE
18		representing the 2020-2021 school year shall be the
19		greater of the enrollment for the 2020-2021 school year or
20		the 2019-2020 school year.
21		"Base Funding Guarantee" is defined in paragraph (10)
22		of subsection (g) of this Section.
23		"Base Funding Minimum" is defined in subsection (e) of
24		this Section.
25		"Base Tax Year" means the property tax levy year used
26		to calculate the Budget Year allocation of primary State

HB4844 Engrossed - 872 - LRB103 39009 AMC 69146 b
1		aid.
2		"Base Tax Year's Extension" means the product of the
3		equalized assessed valuation utilized by the county clerk
4		in the Base Tax Year multiplied by the limiting rate as
5		calculated by the county clerk and defined in PTELL.
6		"Bilingual Education Allocation" means the amount of
7		an Organizational Unit's final Adequacy Target
8		attributable to bilingual education divided by the
9		Organizational Unit's final Adequacy Target, the product
10		of which shall be multiplied by the amount of new funding
11		received pursuant to this Section. An Organizational
12		Unit's final Adequacy Target attributable to bilingual
13		education shall include all additional investments in
14		English learner students' adequacy elements.
15		"Budget Year" means the school year for which primary
16		State aid is calculated and awarded under this Section.
17		"Central office" means individual administrators and
18		support service personnel charged with managing the
19		instructional programs, business and operations, and
20		security of the Organizational Unit.
21		"Comparable Wage Index" or "CWI" means a regional cost
22		differentiation metric that measures systemic, regional
23		variations in the salaries of college graduates who are
24		not educators. The CWI utilized for this Section shall,
25		for the first 3 years of Evidence-Based Funding
26		implementation, be the CWI initially developed by the

HB4844 Engrossed - 873 - LRB103 39009 AMC 69146 b
1		National Center for Education Statistics, as most recently
2		updated by Texas A & M University. In the fourth and
3		subsequent years of Evidence-Based Funding implementation,
4		the State Superintendent shall re-determine the CWI using
5		a similar methodology to that identified in the Texas A & M
6		University study, with adjustments made no less frequently
7		than once every 5 years.
8		"Computer technology and equipment" means computers
9		servers, notebooks, network equipment, copiers, printers,
10		instructional software, security software, curriculum
11		management courseware, and other similar materials and
12		equipment.
13		"Computer technology and equipment investment
14		allocation" means the final Adequacy Target amount of an
15		Organizational Unit assigned to Tier 1 or Tier 2 in the
16		prior school year attributable to the additional $285.50
17		per student computer technology and equipment investment
18		grant divided by the Organizational Unit's final Adequacy
19		Target, the result of which shall be multiplied by the
20		amount of new funding received pursuant to this Section.
21		An Organizational Unit assigned to a Tier 1 or Tier 2 final
22		Adequacy Target attributable to the received computer
23		technology and equipment investment grant shall include
24		all additional investments in computer technology and
25		equipment adequacy elements.
26		"Core subject" means mathematics; science; reading,

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1		English, writing, and language arts; history and social
2		studies; world languages; and subjects taught as Advanced
3		Placement in high schools.
4		"Core teacher" means a regular classroom teacher in
5		elementary schools and teachers of a core subject in
6		middle and high schools.
7		"Core Intervention teacher (tutor)" means a licensed
8		teacher providing one-on-one or small group tutoring to
9		students struggling to meet proficiency in core subjects.
10		"CPPRT" means corporate personal property replacement
11		tax funds paid to an Organizational Unit during the
12		calendar year one year before the calendar year in which a
13		school year begins, pursuant to "An Act in relation to the
14		abolition of ad valorem personal property tax and the
15		replacement of revenues lost thereby, and amending and
16		repealing certain Acts and parts of Acts in connection
17		therewith", certified August 14, 1979, as amended (Public
18		Act 81-1st S.S.-1).
19		"EAV" means equalized assessed valuation as defined in
20		paragraph (2) of subsection (d) of this Section and
21		calculated in accordance with paragraph (3) of subsection
22		(d) of this Section.
23		"ECI" means the Bureau of Labor Statistics' national
24		employment cost index for civilian workers in educational
25		services in elementary and secondary schools on a
26		cumulative basis for the 12-month calendar year preceding

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1		the fiscal year of the Evidence-Based Funding calculation.
2		"EIS Data" means the employment information system
3		data maintained by the State Board on educators within
4		Organizational Units.
5		"Employee benefits" means health, dental, and vision
6		insurance offered to employees of an Organizational Unit,
7		the costs associated with the statutorily required payment
8		of the normal cost of the Organizational Unit's teacher
9		pensions, Social Security employer contributions, and
10		Illinois Municipal Retirement Fund employer contributions.
11		"English learner" or "EL" means a child included in
12		the definition of "English learners" under Section 14C-2
13		of this Code participating in a program of transitional
14		bilingual education or a transitional program of
15		instruction meeting the requirements and program
16		application procedures of Article 14C of this Code. For
17		the purposes of collecting the number of EL students
18		enrolled, the same collection and calculation methodology
19		as defined above for "ASE" shall apply to English
20		learners, with the exception that EL student enrollment
21		shall include students in grades pre-kindergarten through
22		12.
23		"Essential Elements" means those elements, resources,
24		and educational programs that have been identified through
25		academic research as necessary to improve student success,
26		improve academic performance, close achievement gaps, and

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1		provide for other per student costs related to the
2		delivery and leadership of the Organizational Unit, as
3		well as the maintenance and operations of the unit, and
4		which are specified in paragraph (2) of subsection (b) of
5		this Section.
6		"Evidence-Based Funding" means State funding provided
7		to an Organizational Unit pursuant to this Section.
8		"Extended day" means academic and enrichment programs
9		provided to students outside the regular school day before
10		and after school or during non-instructional times during
11		the school day.
12		"Extension Limitation Ratio" means a numerical ratio
13		in which the numerator is the Base Tax Year's Extension
14		and the denominator is the Preceding Tax Year's Extension.
15		"Final Percent of Adequacy" is defined in paragraph
16		(4) of subsection (f) of this Section.
17		"Final Resources" is defined in paragraph (3) of
18		subsection (f) of this Section.
19		"Full-time equivalent" or "FTE" means the full-time
20		equivalency compensation for staffing the relevant
21		position at an Organizational Unit.
22		"Funding Gap" is defined in paragraph (1) of
23		subsection (g).
24		"Hybrid District" means a partial elementary unit
25		district created pursuant to Article 11E of this Code.
26		"Instructional assistant" means a core or special

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1		education, non-licensed employee who assists a teacher in
2		the classroom and provides academic support to students.
3		"Instructional facilitator" means a qualified teacher
4		or licensed teacher leader who facilitates and coaches
5		continuous improvement in classroom instruction; provides
6		instructional support to teachers in the elements of
7		research-based instruction or demonstrates the alignment
8		of instruction with curriculum standards and assessment
9		tools; develops or coordinates instructional programs or
10		strategies; develops and implements training; chooses
11		standards-based instructional materials; provides
12		teachers with an understanding of current research; serves
13		as a mentor, site coach, curriculum specialist, or lead
14		teacher; or otherwise works with fellow teachers, in
15		collaboration, to use data to improve instructional
16		practice or develop model lessons.
17		"Instructional materials" means relevant
18		instructional materials for student instruction,
19		including, but not limited to, textbooks, consumable
20		workbooks, laboratory equipment, library books, and other
21		similar materials.
22		"Laboratory School" means a public school that is
23		created and operated by a public university and approved
24		by the State Board.
25		"Librarian" means a teacher with an endorsement as a
26		library information specialist or another individual whose

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1		primary responsibility is overseeing library resources
2		within an Organizational Unit.
3		"Limiting rate for Hybrid Districts" means the
4		combined elementary school and high school limiting rates.
5		"Local Capacity" is defined in paragraph (1) of
6		subsection (c) of this Section.
7		"Local Capacity Percentage" is defined in subparagraph
8		(A) of paragraph (2) of subsection (c) of this Section.
9		"Local Capacity Ratio" is defined in subparagraph (B)
10		of paragraph (2) of subsection (c) of this Section.
11		"Local Capacity Target" is defined in paragraph (2) of
12		subsection (c) of this Section.
13		"Low-Income Count" means, for an Organizational Unit
14		in a fiscal year, the higher of the average number of
15		students for the prior school year or the immediately
16		preceding 3 school years who, as of July 1 of the
17		immediately preceding fiscal year (as determined by the
18		Department of Human Services), are eligible for at least
19		one of the following low-income programs: Medicaid, the
20		Children's Health Insurance Program, Temporary Assistance
21		for Needy Families (TANF), or the Supplemental Nutrition
22		Assistance Program, excluding pupils who are eligible for
23		services provided by the Department of Children and Family
24		Services. Until such time that grade level low-income
25		populations become available, grade level low-income
26		populations shall be determined by applying the low-income

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1		percentage to total student enrollments by grade level.
2		The low-income percentage is determined by dividing the
3		Low-Income Count by the Average Student Enrollment. The
4		low-income percentage for programs operated by a regional
5		office of education or an intermediate service center must
6		be set to the weighted average of the low-income
7		percentages of all of the school districts in the service
8		region. The weighted low-income percentage is the result
9		of multiplying the low-income percentage of each school
10		district served by the regional office of education or
11		intermediate service center by each school district's
12		Average Student Enrollment, summarizing those products and
13		dividing the total by the total Average Student Enrollment
14		for the service region.
15		"Maintenance and operations" means custodial services,
16		facility and ground maintenance, facility operations,
17		facility security, routine facility repairs, and other
18		similar services and functions.
19		"Minimum Funding Level" is defined in paragraph (9) of
20		subsection (g) of this Section.
21		"New Property Tax Relief Pool Funds" means, for any
22		given fiscal year, all State funds appropriated under
23		Section 2-3.170 of this Code.
24		"New State Funds" means, for a given school year, all
25		State funds appropriated for Evidence-Based Funding in
26		excess of the amount needed to fund the Base Funding

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1		Minimum for all Organizational Units in that school year.
2		"Nurse" means an individual licensed as a certified
3		school nurse, in accordance with the rules established for
4		nursing services by the State Board, who is an employee of
5		and is available to provide health care-related services
6		for students of an Organizational Unit.
7		"Operating Tax Rate" means the rate utilized in the
8		previous year to extend property taxes for all purposes,
9		except Bond and Interest, Summer School, Rent, Capital
10		Improvement, and Vocational Education Building purposes.
11		For Hybrid Districts, the Operating Tax Rate shall be the
12		combined elementary and high school rates utilized in the
13		previous year to extend property taxes for all purposes,
14		except Bond and Interest, Summer School, Rent, Capital
15		Improvement, and Vocational Education Building purposes.
16		"Organizational Unit" means a Laboratory School or any
17		public school district that is recognized as such by the
18		State Board and that contains elementary schools typically
19		serving kindergarten through 5th grades, middle schools
20		typically serving 6th through 8th grades, high schools
21		typically serving 9th through 12th grades, a program
22		established under Section 2-3.66 or 2-3.41, or a program
23		operated by a regional office of education or an
24		intermediate service center under Article 13A or 13B. The
25		General Assembly acknowledges that the actual grade levels
26		served by a particular Organizational Unit may vary

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1		slightly from what is typical.
2		"Organizational Unit CWI" is determined by calculating
3		the CWI in the region and original county in which an
4		Organizational Unit's primary administrative office is
5		located as set forth in this paragraph, provided that if
6		the Organizational Unit CWI as calculated in accordance
7		with this paragraph is less than 0.9, the Organizational
8		Unit CWI shall be increased to 0.9. Each county's current
9		CWI value shall be adjusted based on the CWI value of that
10		county's neighboring Illinois counties, to create a
11		"weighted adjusted index value". This shall be calculated
12		by summing the CWI values of all of a county's adjacent
13		Illinois counties and dividing by the number of adjacent
14		Illinois counties, then taking the weighted value of the
15		original county's CWI value and the adjacent Illinois
16		county average. To calculate this weighted value, if the
17		number of adjacent Illinois counties is greater than 2,
18		the original county's CWI value will be weighted at 0.25
19		and the adjacent Illinois county average will be weighted
20		at 0.75. If the number of adjacent Illinois counties is 2,
21		the original county's CWI value will be weighted at 0.33
22		and the adjacent Illinois county average will be weighted
23		at 0.66. The greater of the county's current CWI value and
24		its weighted adjusted index value shall be used as the
25		Organizational Unit CWI.
26		"Preceding Tax Year" means the property tax levy year

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1		immediately preceding the Base Tax Year.
2		"Preceding Tax Year's Extension" means the product of
3		the equalized assessed valuation utilized by the county
4		clerk in the Preceding Tax Year multiplied by the
5		Operating Tax Rate.
6		"Preliminary Percent of Adequacy" is defined in
7		paragraph (2) of subsection (f) of this Section.
8		"Preliminary Resources" is defined in paragraph (2) of
9		subsection (f) of this Section.
10		"Principal" means a school administrator duly endorsed
11		to be employed as a principal in this State.
12		"Professional development" means training programs for
13		licensed staff in schools, including, but not limited to,
14		programs that assist in implementing new curriculum
15		programs, provide data focused or academic assessment data
16		training to help staff identify a student's weaknesses and
17		strengths, target interventions, improve instruction,
18		encompass instructional strategies for English learner,
19		gifted, or at-risk students, address inclusivity, cultural
20		sensitivity, or implicit bias, or otherwise provide
21		professional support for licensed staff.
22		"Prototypical" means 450 special education
23		pre-kindergarten and kindergarten through grade 5 students
24		for an elementary school, 450 grade 6 through 8 students
25		for a middle school, and 600 grade 9 through 12 students
26		for a high school.

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1		"PTELL" means the Property Tax Extension Limitation
2		Law.
3		"PTELL EAV" is defined in paragraph (4) of subsection
4		(d) of this Section.
5		"Pupil support staff" means a nurse, psychologist,
6		social worker, family liaison personnel, or other staff
7		member who provides support to at-risk or struggling
8		students.
9		"Real Receipts" is defined in paragraph (1) of
10		subsection (d) of this Section.
11		"Regionalization Factor" means, for a particular
12		Organizational Unit, the figure derived by dividing the
13		Organizational Unit CWI by the Statewide Weighted CWI.
14		"School counselor" means a licensed school counselor
15		who provides guidance and counseling support for students
16		within an Organizational Unit.
17		"School site staff" means the primary school secretary
18		and any additional clerical personnel assigned to a
19		school.
20		"Special education" means special educational
21		facilities and services, as defined in Section 14-1.08 of
22		this Code.
23		"Special Education Allocation" means the amount of an
24		Organizational Unit's final Adequacy Target attributable
25		to special education divided by the Organizational Unit's
26		final Adequacy Target, the product of which shall be

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1		multiplied by the amount of new funding received pursuant
2		to this Section. An Organizational Unit's final Adequacy
3		Target attributable to special education shall include all
4		special education investment adequacy elements.
5		"Specialist teacher" means a teacher who provides
6		instruction in subject areas not included in core
7		subjects, including, but not limited to, art, music,
8		physical education, health, driver education,
9		career-technical education, and such other subject areas
10		as may be mandated by State law or provided by an
11		Organizational Unit.
12		"Specially Funded Unit" means an Alternative School,
13		safe school, Department of Juvenile Justice school,
14		special education cooperative or entity recognized by the
15		State Board as a special education cooperative,
16		State-approved charter school, or alternative learning
17		opportunities program that received direct funding from
18		the State Board during the 2016-2017 school year through
19		any of the funding sources included within the calculation
20		of the Base Funding Minimum or Glenwood Academy.
21		"Supplemental Grant Funding" means supplemental
22		general State aid funding received by an Organizational
23		Unit during the 2016-2017 school year pursuant to
24		subsection (H) of Section 18-8.05 of this Code (now
25		repealed).
26		"State Adequacy Level" is the sum of the Adequacy

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1		Targets of all Organizational Units.
2		"State Board" means the State Board of Education.
3		"State Superintendent" means the State Superintendent
4		of Education.
5		"Statewide Weighted CWI" means a figure determined by
6		multiplying each Organizational Unit CWI times the ASE for
7		that Organizational Unit creating a weighted value,
8		summing all Organizational Units' weighted values, and
9		dividing by the total ASE of all Organizational Units,
10		thereby creating an average weighted index.
11		"Student activities" means non-credit producing
12		after-school programs, including, but not limited to,
13		clubs, bands, sports, and other activities authorized by
14		the school board of the Organizational Unit.
15		"Substitute teacher" means an individual teacher or
16		teaching assistant who is employed by an Organizational
17		Unit and is temporarily serving the Organizational Unit on
18		a per diem or per period-assignment basis to replace
19		another staff member.
20		"Summer school" means academic and enrichment programs
21		provided to students during the summer months outside of
22		the regular school year.
23		"Supervisory aide" means a non-licensed staff member
24		who helps in supervising students of an Organizational
25		Unit, but does so outside of the classroom, in situations
26		such as, but not limited to, monitoring hallways and

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1		playgrounds, supervising lunchrooms, or supervising
2		students when being transported in buses serving the
3		Organizational Unit.
4		"Target Ratio" is defined in paragraph (4) of
5		subsection (g).
6		"Tier 1", "Tier 2", "Tier 3", and "Tier 4" are defined
7		in paragraph (3) of subsection (g).
8		"Tier 1 Aggregate Funding", "Tier 2 Aggregate
9		Funding", "Tier 3 Aggregate Funding", and "Tier 4
10		Aggregate Funding" are defined in paragraph (1) of
11		subsection (g).
12		(b) Adequacy Target calculation.
13		(1) Each Organizational Unit's Adequacy Target is the
14		sum of the Organizational Unit's cost of providing
15		Essential Elements, as calculated in accordance with this
16		subsection (b), with the salary amounts in the Essential
17		Elements multiplied by a Regionalization Factor calculated
18		pursuant to paragraph (3) of this subsection (b).
19		(2) The Essential Elements are attributable on a pro
20		rata basis related to defined subgroups of the ASE of each
21		Organizational Unit as specified in this paragraph (2),
22		with investments and FTE positions pro rata funded based
23		on ASE counts in excess of or less than the thresholds set
24		forth in this paragraph (2). The method for calculating
25		attributable pro rata costs and the defined subgroups
26		thereto are as follows:

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1		(A) Core class size investments. Each
2		Organizational Unit shall receive the funding required
3		to support that number of FTE core teacher positions
4		as is needed to keep the respective class sizes of the
5		Organizational Unit to the following maximum numbers:
6		(i) For grades kindergarten through 3, the
7		Organizational Unit shall receive funding required
8		to support one FTE core teacher position for every
9		15 Low-Income Count students in those grades and
10		one FTE core teacher position for every 20
11		non-Low-Income Count students in those grades.
12		(ii) For grades 4 through 12, the
13		Organizational Unit shall receive funding required
14		to support one FTE core teacher position for every
15		20 Low-Income Count students in those grades and
16		one FTE core teacher position for every 25
17		non-Low-Income Count students in those grades.
18		The number of non-Low-Income Count students in a
19		grade shall be determined by subtracting the
20		Low-Income students in that grade from the ASE of the
21		Organizational Unit for that grade.
22		(B) Specialist teacher investments. Each
23		Organizational Unit shall receive the funding needed
24		to cover that number of FTE specialist teacher
25		positions that correspond to the following
26		percentages:

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1		(i) if the Organizational Unit operates an
2		elementary or middle school, then 20.00% of the
3		number of the Organizational Unit's core teachers,
4		as determined under subparagraph (A) of this
5		paragraph (2); and
6		(ii) if such Organizational Unit operates a
7		high school, then 33.33% of the number of the
8		Organizational Unit's core teachers.
9		(C) Instructional facilitator investments. Each
10		Organizational Unit shall receive the funding needed
11		to cover one FTE instructional facilitator position
12		for every 200 combined ASE of pre-kindergarten
13		children with disabilities and all kindergarten
14		through grade 12 students of the Organizational Unit.
15		(D) Core intervention teacher (tutor) investments.
16		Each Organizational Unit shall receive the funding
17		needed to cover one FTE teacher position for each
18		prototypical elementary, middle, and high school.
19		(E) Substitute teacher investments. Each
20		Organizational Unit shall receive the funding needed
21		to cover substitute teacher costs that is equal to
22		5.70% of the minimum pupil attendance days required
23		under Section 10-19 of this Code for all full-time
24		equivalent core, specialist, and intervention
25		teachers, school nurses, special education teachers
26		and instructional assistants, instructional

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1		facilitators, and summer school and extended day
2		teacher positions, as determined under this paragraph
3		(2), at a salary rate of 33.33% of the average salary
4		for grade K through 12 teachers and 33.33% of the
5		average salary of each instructional assistant
6		position.
7		(F) Core school counselor investments. Each
8		Organizational Unit shall receive the funding needed
9		to cover one FTE school counselor for each 450
10		combined ASE of pre-kindergarten children with
11		disabilities and all kindergarten through grade 5
12		students, plus one FTE school counselor for each 250
13		grades 6 through 8 ASE middle school students, plus
14		one FTE school counselor for each 250 grades 9 through
15		12 ASE high school students.
16		(G) Nurse investments. Each Organizational Unit
17		shall receive the funding needed to cover one FTE
18		nurse for each 750 combined ASE of pre-kindergarten
19		children with disabilities and all kindergarten
20		through grade 12 students across all grade levels it
21		serves.
22		(H) Supervisory aide investments. Each
23		Organizational Unit shall receive the funding needed
24		to cover one FTE for each 225 combined ASE of
25		pre-kindergarten children with disabilities and all
26		kindergarten through grade 5 students, plus one FTE

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1		for each 225 ASE middle school students, plus one FTE
2		for each 200 ASE high school students.
3		(I) Librarian investments. Each Organizational
4		Unit shall receive the funding needed to cover one FTE
5		librarian for each prototypical elementary school,
6		middle school, and high school and one FTE aide or
7		media technician for every 300 combined ASE of
8		pre-kindergarten children with disabilities and all
9		kindergarten through grade 12 students.
10		(J) Principal investments. Each Organizational
11		Unit shall receive the funding needed to cover one FTE
12		principal position for each prototypical elementary
13		school, plus one FTE principal position for each
14		prototypical middle school, plus one FTE principal
15		position for each prototypical high school.
16		(K) Assistant principal investments. Each
17		Organizational Unit shall receive the funding needed
18		to cover one FTE assistant principal position for each
19		prototypical elementary school, plus one FTE assistant
20		principal position for each prototypical middle
21		school, plus one FTE assistant principal position for
22		each prototypical high school.
23		(L) School site staff investments. Each
24		Organizational Unit shall receive the funding needed
25		for one FTE position for each 225 ASE of
26		pre-kindergarten children with disabilities and all

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1		kindergarten through grade 5 students, plus one FTE
2		position for each 225 ASE middle school students, plus
3		one FTE position for each 200 ASE high school
4		students.
5		(M) Gifted investments. Each Organizational Unit
6		shall receive $40 per kindergarten through grade 12
7		ASE.
8		(N) Professional development investments. Each
9		Organizational Unit shall receive $125 per student of
10		the combined ASE of pre-kindergarten children with
11		disabilities and all kindergarten through grade 12
12		students for trainers and other professional
13		development-related expenses for supplies and
14		materials.
15		(O) Instructional material investments. Each
16		Organizational Unit shall receive $190 per student of
17		the combined ASE of pre-kindergarten children with
18		disabilities and all kindergarten through grade 12
19		students to cover instructional material costs.
20		(P) Assessment investments. Each Organizational
21		Unit shall receive $25 per student of the combined ASE
22		of pre-kindergarten children with disabilities and all
23		kindergarten through grade 12 students to cover
24		assessment costs.
25		(Q) Computer technology and equipment investments.
26		Each Organizational Unit shall receive $285.50 per

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1		student of the combined ASE of pre-kindergarten
2		children with disabilities and all kindergarten
3		through grade 12 students to cover computer technology
4		and equipment costs. For the 2018-2019 school year and
5		subsequent school years, Organizational Units assigned
6		to Tier 1 and Tier 2 in the prior school year shall
7		receive an additional $285.50 per student of the
8		combined ASE of pre-kindergarten children with
9		disabilities and all kindergarten through grade 12
10		students to cover computer technology and equipment
11		costs in the Organizational Unit's Adequacy Target.
12		The State Board may establish additional requirements
13		for Organizational Unit expenditures of funds received
14		pursuant to this subparagraph (Q), including a
15		requirement that funds received pursuant to this
16		subparagraph (Q) may be used only for serving the
17		technology needs of the district. It is the intent of
18		Public Act 100-465 that all Tier 1 and Tier 2 districts
19		receive the addition to their Adequacy Target in the
20		following year, subject to compliance with the
21		requirements of the State Board.
22		(R) Student activities investments. Each
23		Organizational Unit shall receive the following
24		funding amounts to cover student activities: $100 per
25		kindergarten through grade 5 ASE student in elementary
26		school, plus $200 per ASE student in middle school,

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1		plus $675 per ASE student in high school.
2		(S) Maintenance and operations investments. Each
3		Organizational Unit shall receive $1,038 per student
4		of the combined ASE of pre-kindergarten children with
5		disabilities and all kindergarten through grade 12
6		students for day-to-day maintenance and operations
7		expenditures, including salary, supplies, and
8		materials, as well as purchased services, but
9		excluding employee benefits. The proportion of salary
10		for the application of a Regionalization Factor and
11		the calculation of benefits is equal to $352.92.
12		(T) Central office investments. Each
13		Organizational Unit shall receive $742 per student of
14		the combined ASE of pre-kindergarten children with
15		disabilities and all kindergarten through grade 12
16		students to cover central office operations, including
17		administrators and classified personnel charged with
18		managing the instructional programs, business and
19		operations of the school district, and security
20		personnel. The proportion of salary for the
21		application of a Regionalization Factor and the
22		calculation of benefits is equal to $368.48.
23		(U) Employee benefit investments. Each
24		Organizational Unit shall receive 30% of the total of
25		all salary-calculated elements of the Adequacy Target,
26		excluding substitute teachers and student activities

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1		investments, to cover benefit costs. For central
2		office and maintenance and operations investments, the
3		benefit calculation shall be based upon the salary
4		proportion of each investment. If at any time the
5		responsibility for funding the employer normal cost of
6		teacher pensions is assigned to school districts, then
7		that amount certified by the Teachers' Retirement
8		System of the State of Illinois to be paid by the
9		Organizational Unit for the preceding school year
10		shall be added to the benefit investment. For any
11		fiscal year in which a school district organized under
12		Article 34 of this Code is responsible for paying the
13		employer normal cost of teacher pensions, then that
14		amount of its employer normal cost plus the amount for
15		retiree health insurance as certified by the Public
16		School Teachers' Pension and Retirement Fund of
17		Chicago to be paid by the school district for the
18		preceding school year that is statutorily required to
19		cover employer normal costs and the amount for retiree
20		health insurance shall be added to the 30% specified
21		in this subparagraph (U). The Teachers' Retirement
22		System of the State of Illinois and the Public School
23		Teachers' Pension and Retirement Fund of Chicago shall
24		submit such information as the State Superintendent
25		may require for the calculations set forth in this
26		subparagraph (U).

HB4844 Engrossed - 895 - LRB103 39009 AMC 69146 b
1		(V) Additional investments in low-income students.
2		In addition to and not in lieu of all other funding
3		under this paragraph (2), each Organizational Unit
4		shall receive funding based on the average teacher
5		salary for grades K through 12 to cover the costs of:
6		(i) one FTE intervention teacher (tutor)
7		position for every 125 Low-Income Count students;
8		(ii) one FTE pupil support staff position for
9		every 125 Low-Income Count students;
10		(iii) one FTE extended day teacher position
11		for every 120 Low-Income Count students; and
12		(iv) one FTE summer school teacher position
13		for every 120 Low-Income Count students.
14		(W) Additional investments in English learner
15		students. In addition to and not in lieu of all other
16		funding under this paragraph (2), each Organizational
17		Unit shall receive funding based on the average
18		teacher salary for grades K through 12 to cover the
19		costs of:
20		(i) one FTE intervention teacher (tutor)
21		position for every 125 English learner students;
22		(ii) one FTE pupil support staff position for
23		every 125 English learner students;
24		(iii) one FTE extended day teacher position
25		for every 120 English learner students;
26		(iv) one FTE summer school teacher position

HB4844 Engrossed - 896 - LRB103 39009 AMC 69146 b
1		for every 120 English learner students; and
2		(v) one FTE core teacher position for every
3		100 English learner students.
4		(X) Special education investments. Each
5		Organizational Unit shall receive funding based on the
6		average teacher salary for grades K through 12 to
7		cover special education as follows:
8		(i) one FTE teacher position for every 141
9		combined ASE of pre-kindergarten children with
10		disabilities and all kindergarten through grade 12
11		students;
12		(ii) one FTE instructional assistant for every
13		141 combined ASE of pre-kindergarten children with
14		disabilities and all kindergarten through grade 12
15		students; and
16		(iii) one FTE psychologist position for every
17		1,000 combined ASE of pre-kindergarten children
18		with disabilities and all kindergarten through
19		grade 12 students.
20		(3) For calculating the salaries included within the
21		Essential Elements, the State Superintendent shall
22		annually calculate average salaries to the nearest dollar
23		using the employment information system data maintained by
24		the State Board, limited to public schools only and
25		excluding special education and vocational cooperatives,
26		schools operated by the Department of Juvenile Justice,

HB4844 Engrossed - 897 - LRB103 39009 AMC 69146 b
1		and charter schools, for the following positions:
2		(A) Teacher for grades K through 8.
3		(B) Teacher for grades 9 through 12.
4		(C) Teacher for grades K through 12.
5		(D) School counselor for grades K through 8.
6		(E) School counselor for grades 9 through 12.
7		(F) School counselor for grades K through 12.
8		(G) Social worker.
9		(H) Psychologist.
10		(I) Librarian.
11		(J) Nurse.
12		(K) Principal.
13		(L) Assistant principal.
14		For the purposes of this paragraph (3), "teacher"
15		includes core teachers, specialist and elective teachers,
16		instructional facilitators, tutors, special education
17		teachers, pupil support staff teachers, English learner
18		teachers, extended day teachers, and summer school
19		teachers. Where specific grade data is not required for
20		the Essential Elements, the average salary for
21		corresponding positions shall apply. For substitute
22		teachers, the average teacher salary for grades K through
23		12 shall apply.
24		For calculating the salaries included within the
25		Essential Elements for positions not included within EIS
26		Data, the following salaries shall be used in the first

HB4844 Engrossed - 898 - LRB103 39009 AMC 69146 b
1		year of implementation of Evidence-Based Funding:
2		(i) school site staff, $30,000; and
3		(ii) non-instructional assistant, instructional
4		assistant, library aide, library media tech, or
5		supervisory aide: $25,000.
6		In the second and subsequent years of implementation
7		of Evidence-Based Funding, the amounts in items (i) and
8		(ii) of this paragraph (3) shall annually increase by the
9		ECI.
10		The salary amounts for the Essential Elements
11		determined pursuant to subparagraphs (A) through (L), (S)
12		and (T), and (V) through (X) of paragraph (2) of
13		subsection (b) of this Section shall be multiplied by a
14		Regionalization Factor.
15		(c) Local Capacity calculation.
16		(1) Each Organizational Unit's Local Capacity
17		represents an amount of funding it is assumed to
18		contribute toward its Adequacy Target for purposes of the
19		Evidence-Based Funding formula calculation. "Local
20		Capacity" means either (i) the Organizational Unit's Local
21		Capacity Target as calculated in accordance with paragraph
22		(2) of this subsection (c) if its Real Receipts are equal
23		to or less than its Local Capacity Target or (ii) the
24		Organizational Unit's Adjusted Local Capacity, as
25		calculated in accordance with paragraph (3) of this
26		subsection (c) if Real Receipts are more than its Local

HB4844 Engrossed - 899 - LRB103 39009 AMC 69146 b
1		Capacity Target.
2		(2) "Local Capacity Target" means, for an
3		Organizational Unit, that dollar amount that is obtained
4		by multiplying its Adequacy Target by its Local Capacity
5		Ratio.
6		(A) An Organizational Unit's Local Capacity
7		Percentage is the conversion of the Organizational
8		Unit's Local Capacity Ratio, as such ratio is
9		determined in accordance with subparagraph (B) of this
10		paragraph (2), into a cumulative distribution
11		resulting in a percentile ranking to determine each
12		Organizational Unit's relative position to all other
13		Organizational Units in this State. The calculation of
14		Local Capacity Percentage is described in subparagraph
15		(C) of this paragraph (2).
16		(B) An Organizational Unit's Local Capacity Ratio
17		in a given year is the percentage obtained by dividing
18		its Adjusted EAV or PTELL EAV, whichever is less, by
19		its Adequacy Target, with the resulting ratio further
20		adjusted as follows:
21		(i) for Organizational Units serving grades
22		kindergarten through 12 and Hybrid Districts, no
23		further adjustments shall be made;
24		(ii) for Organizational Units serving grades
25		kindergarten through 8, the ratio shall be
26		multiplied by 9/13;

HB4844 Engrossed - 900 - LRB103 39009 AMC 69146 b
1		(iii) for Organizational Units serving grades
2		9 through 12, the Local Capacity Ratio shall be
3		multiplied by 4/13; and
4		(iv) for an Organizational Unit with a
5		different grade configuration than those specified
6		in items (i) through (iii) of this subparagraph
7		(B), the State Superintendent shall determine a
8		comparable adjustment based on the grades served.
9		(C) The Local Capacity Percentage is equal to the
10		percentile ranking of the district. Local Capacity
11		Percentage converts each Organizational Unit's Local
12		Capacity Ratio to a cumulative distribution resulting
13		in a percentile ranking to determine each
14		Organizational Unit's relative position to all other
15		Organizational Units in this State. The Local Capacity
16		Percentage cumulative distribution resulting in a
17		percentile ranking for each Organizational Unit shall
18		be calculated using the standard normal distribution
19		of the score in relation to the weighted mean and
20		weighted standard deviation and Local Capacity Ratios
21		of all Organizational Units. If the value assigned to
22		any Organizational Unit is in excess of 90%, the value
23		shall be adjusted to 90%. For Laboratory Schools, the
24		Local Capacity Percentage shall be set at 10% in
25		recognition of the absence of EAV and resources from
26		the public university that are allocated to the

HB4844 Engrossed - 901 - LRB103 39009 AMC 69146 b
1		Laboratory School. For programs operated by a regional
2		office of education or an intermediate service center,
3		the Local Capacity Percentage must be set at 10% in
4		recognition of the absence of EAV and resources from
5		school districts that are allocated to the regional
6		office of education or intermediate service center.
7		The weighted mean for the Local Capacity Percentage
8		shall be determined by multiplying each Organizational
9		Unit's Local Capacity Ratio times the ASE for the unit
10		creating a weighted value, summing the weighted values
11		of all Organizational Units, and dividing by the total
12		ASE of all Organizational Units. The weighted standard
13		deviation shall be determined by taking the square
14		root of the weighted variance of all Organizational
15		Units' Local Capacity Ratio, where the variance is
16		calculated by squaring the difference between each
17		unit's Local Capacity Ratio and the weighted mean,
18		then multiplying the variance for each unit times the
19		ASE for the unit to create a weighted variance for each
20		unit, then summing all units' weighted variance and
21		dividing by the total ASE of all units.
22		(D) For any Organizational Unit, the
23		Organizational Unit's Adjusted Local Capacity Target
24		shall be reduced by either (i) the school board's
25		remaining contribution pursuant to paragraph (ii) of
26		subsection (b-4) of Section 16-158 of the Illinois

HB4844 Engrossed - 902 - LRB103 39009 AMC 69146 b
1		Pension Code in a given year or (ii) the board of
2		education's remaining contribution pursuant to
3		paragraph (iv) of subsection (b) of Section 17-129 of
4		the Illinois Pension Code absent the employer normal
5		cost portion of the required contribution and amount
6		allowed pursuant to subdivision (3) of Section
7		17-142.1 of the Illinois Pension Code in a given year.
8		In the preceding sentence, item (i) shall be certified
9		to the State Board of Education by the Teachers'
10		Retirement System of the State of Illinois and item
11		(ii) shall be certified to the State Board of
12		Education by the Public School Teachers' Pension and
13		Retirement Fund of the City of Chicago.
14		(3) If an Organizational Unit's Real Receipts are more
15		than its Local Capacity Target, then its Local Capacity
16		shall equal an Adjusted Local Capacity Target as
17		calculated in accordance with this paragraph (3). The
18		Adjusted Local Capacity Target is calculated as the sum of
19		the Organizational Unit's Local Capacity Target and its
20		Real Receipts Adjustment. The Real Receipts Adjustment
21		equals the Organizational Unit's Real Receipts less its
22		Local Capacity Target, with the resulting figure
23		multiplied by the Local Capacity Percentage.
24		As used in this paragraph (3), "Real Percent of
25		Adequacy" means the sum of an Organizational Unit's Real
26		Receipts, CPPRT, and Base Funding Minimum, with the

HB4844 Engrossed - 903 - LRB103 39009 AMC 69146 b
1		resulting figure divided by the Organizational Unit's
2		Adequacy Target.
3		(d) Calculation of Real Receipts, EAV, and Adjusted EAV
4		for purposes of the Local Capacity calculation.
5		(1) An Organizational Unit's Real Receipts are the
6		product of its Applicable Tax Rate and its Adjusted EAV.
7		An Organizational Unit's Applicable Tax Rate is its
8		Adjusted Operating Tax Rate for property within the
9		Organizational Unit.
10		(2) The State Superintendent shall calculate the
11		equalized assessed valuation, or EAV, of all taxable
12		property of each Organizational Unit as of September 30 of
13		the previous year in accordance with paragraph (3) of this
14		subsection (d). The State Superintendent shall then
15		determine the Adjusted EAV of each Organizational Unit in
16		accordance with paragraph (4) of this subsection (d),
17		which Adjusted EAV figure shall be used for the purposes
18		of calculating Local Capacity.
19		(3) To calculate Real Receipts and EAV, the Department
20		of Revenue shall supply to the State Superintendent the
21		value as equalized or assessed by the Department of
22		Revenue of all taxable property of every Organizational
23		Unit, together with (i) the applicable tax rate used in
24		extending taxes for the funds of the Organizational Unit
25		as of September 30 of the previous year and (ii) the
26		limiting rate for all Organizational Units subject to

HB4844 Engrossed - 904 - LRB103 39009 AMC 69146 b
1		property tax extension limitations as imposed under PTELL.
2		(A) The Department of Revenue shall add to the
3		equalized assessed value of all taxable property of
4		each Organizational Unit situated entirely or
5		partially within a county that is or was subject to the
6		provisions of Section 15-176 or 15-177 of the Property
7		Tax Code (i) an amount equal to the total amount by
8		which the homestead exemption allowed under Section
9		15-176 or 15-177 of the Property Tax Code for real
10		property situated in that Organizational Unit exceeds
11		the total amount that would have been allowed in that
12		Organizational Unit if the maximum reduction under
13		Section 15-176 was (I) $4,500 in Cook County or $3,500
14		in all other counties in tax year 2003 or (II) $5,000
15		in all counties in tax year 2004 and thereafter and
16		(ii) an amount equal to the aggregate amount for the
17		taxable year of all additional exemptions under
18		Section 15-175 of the Property Tax Code for owners
19		with a household income of $30,000 or less. The county
20		clerk of any county that is or was subject to the
21		provisions of Section 15-176 or 15-177 of the Property
22		Tax Code shall annually calculate and certify to the
23		Department of Revenue for each Organizational Unit all
24		homestead exemption amounts under Section 15-176 or
25		15-177 of the Property Tax Code and all amounts of
26		additional exemptions under Section 15-175 of the

HB4844 Engrossed - 905 - LRB103 39009 AMC 69146 b
1		Property Tax Code for owners with a household income
2		of $30,000 or less. It is the intent of this
3		subparagraph (A) that if the general homestead
4		exemption for a parcel of property is determined under
5		Section 15-176 or 15-177 of the Property Tax Code
6		rather than Section 15-175, then the calculation of
7		EAV shall not be affected by the difference, if any,
8		between the amount of the general homestead exemption
9		allowed for that parcel of property under Section
10		15-176 or 15-177 of the Property Tax Code and the
11		amount that would have been allowed had the general
12		homestead exemption for that parcel of property been
13		determined under Section 15-175 of the Property Tax
14		Code. It is further the intent of this subparagraph
15		(A) that if additional exemptions are allowed under
16		Section 15-175 of the Property Tax Code for owners
17		with a household income of less than $30,000, then the
18		calculation of EAV shall not be affected by the
19		difference, if any, because of those additional
20		exemptions.
21		(B) With respect to any part of an Organizational
22		Unit within a redevelopment project area in respect to
23		which a municipality has adopted tax increment
24		allocation financing pursuant to the Tax Increment
25		Allocation Redevelopment Act, Division 74.4 of Article
26		11 of the Illinois Municipal Code, or the Industrial

HB4844 Engrossed - 906 - LRB103 39009 AMC 69146 b
1		Jobs Recovery Law, Division 74.6 of Article 11 of the
2		Illinois Municipal Code, no part of the current EAV of
3		real property located in any such project area that is
4		attributable to an increase above the total initial
5		EAV of such property shall be used as part of the EAV
6		of the Organizational Unit, until such time as all
7		redevelopment project costs have been paid, as
8		provided in Section 11-74.4-8 of the Tax Increment
9		Allocation Redevelopment Act or in Section 11-74.6-35
10		of the Industrial Jobs Recovery Law. For the purpose
11		of the EAV of the Organizational Unit, the total
12		initial EAV or the current EAV, whichever is lower,
13		shall be used until such time as all redevelopment
14		project costs have been paid.
15		(B-5) The real property equalized assessed
16		valuation for a school district shall be adjusted by
17		subtracting from the real property value, as equalized
18		or assessed by the Department of Revenue, for the
19		district an amount computed by dividing the amount of
20		any abatement of taxes under Section 18-170 of the
21		Property Tax Code by 3.00% for a district maintaining
22		grades kindergarten through 12, by 2.30% for a
23		district maintaining grades kindergarten through 8, or
24		by 1.05% for a district maintaining grades 9 through
25		12 and adjusted by an amount computed by dividing the
26		amount of any abatement of taxes under subsection (a)

HB4844 Engrossed - 907 - LRB103 39009 AMC 69146 b
1		of Section 18-165 of the Property Tax Code by the same
2		percentage rates for district type as specified in
3		this subparagraph (B-5).
4		(C) For Organizational Units that are Hybrid
5		Districts, the State Superintendent shall use the
6		lesser of the adjusted equalized assessed valuation
7		for property within the partial elementary unit
8		district for elementary purposes, as defined in
9		Article 11E of this Code, or the adjusted equalized
10		assessed valuation for property within the partial
11		elementary unit district for high school purposes, as
12		defined in Article 11E of this Code.
13		(D) If a school district's boundaries span
14		multiple counties, then the Department of Revenue
15		shall send to the State Board, for the purposes of
16		calculating Evidence-Based Funding, the limiting rate
17		and individual rates by purpose for the county that
18		contains the majority of the school district's
19		equalized assessed valuation.
20		(4) An Organizational Unit's Adjusted EAV shall be the
21		average of its EAV over the immediately preceding 3 years
22		or the lesser of its EAV in the immediately preceding year
23		or the average of its EAV over the immediately preceding 3
24		years if the EAV in the immediately preceding year has
25		declined by 10% or more when comparing the 2 most recent
26		years. In the event of Organizational Unit reorganization,

HB4844 Engrossed - 908 - LRB103 39009 AMC 69146 b
1		consolidation, or annexation, the Organizational Unit's
2		Adjusted EAV for the first 3 years after such change shall
3		be as follows: the most current EAV shall be used in the
4		first year, the average of a 2-year EAV or its EAV in the
5		immediately preceding year if the EAV declines by 10% or
6		more when comparing the 2 most recent years for the second
7		year, and the lesser of a 3-year average EAV or its EAV in
8		the immediately preceding year if the Adjusted EAV
9		declines by 10% or more when comparing the 2 most recent
10		years for the third year. For any school district whose
11		EAV in the immediately preceding year is used in
12		calculations, in the following year, the Adjusted EAV
13		shall be the average of its EAV over the immediately
14		preceding 2 years or the immediately preceding year if
15		that year represents a decline of 10% or more when
16		comparing the 2 most recent years.
17		"PTELL EAV" means a figure calculated by the State
18		Board for Organizational Units subject to PTELL as
19		described in this paragraph (4) for the purposes of
20		calculating an Organizational Unit's Local Capacity Ratio.
21		Except as otherwise provided in this paragraph (4), the
22		PTELL EAV of an Organizational Unit shall be equal to the
23		product of the equalized assessed valuation last used in
24		the calculation of general State aid under Section 18-8.05
25		of this Code (now repealed) or Evidence-Based Funding
26		under this Section and the Organizational Unit's Extension

HB4844 Engrossed - 909 - LRB103 39009 AMC 69146 b
1		Limitation Ratio. If an Organizational Unit has approved
2		or does approve an increase in its limiting rate, pursuant
3		to Section 18-190 of the Property Tax Code, affecting the
4		Base Tax Year, the PTELL EAV shall be equal to the product
5		of the equalized assessed valuation last used in the
6		calculation of general State aid under Section 18-8.05 of
7		this Code (now repealed) or Evidence-Based Funding under
8		this Section multiplied by an amount equal to one plus the
9		percentage increase, if any, in the Consumer Price Index
10		for All Urban Consumers for all items published by the
11		United States Department of Labor for the 12-month
12		calendar year preceding the Base Tax Year, plus the
13		equalized assessed valuation of new property, annexed
14		property, and recovered tax increment value and minus the
15		equalized assessed valuation of disconnected property.
16		As used in this paragraph (4), "new property" and
17		"recovered tax increment value" shall have the meanings
18		set forth in the Property Tax Extension Limitation Law.
19		(e) Base Funding Minimum calculation.
20		(1) For the 2017-2018 school year, the Base Funding
21		Minimum of an Organizational Unit or a Specially Funded
22		Unit shall be the amount of State funds distributed to the
23		Organizational Unit or Specially Funded Unit during the
24		2016-2017 school year prior to any adjustments and
25		specified appropriation amounts described in this
26		paragraph (1) from the following Sections, as calculated

HB4844 Engrossed - 910 - LRB103 39009 AMC 69146 b
1		by the State Superintendent: Section 18-8.05 of this Code
2		(now repealed); Section 5 of Article 224 of Public Act
3		99-524 (equity grants); Section 14-7.02b of this Code
4		(funding for children requiring special education
5		services); Section 14-13.01 of this Code (special
6		education facilities and staffing), except for
7		reimbursement of the cost of transportation pursuant to
8		Section 14-13.01; Section 14C-12 of this Code (English
9		learners); and Section 18-4.3 of this Code (summer
10		school), based on an appropriation level of $13,121,600.
11		For a school district organized under Article 34 of this
12		Code, the Base Funding Minimum also includes (i) the funds
13		allocated to the school district pursuant to Section 1D-1
14		of this Code attributable to funding programs authorized
15		by the Sections of this Code listed in the preceding
16		sentence and (ii) the difference between (I) the funds
17		allocated to the school district pursuant to Section 1D-1
18		of this Code attributable to the funding programs
19		authorized by Section 14-7.02 (non-public special
20		education reimbursement), subsection (b) of Section
21		14-13.01 (special education transportation), Section 29-5
22		(transportation), Section 2-3.80 (agricultural
23		education), Section 2-3.66 (truants' alternative
24		education), Section 2-3.62 (educational service centers),
25		and Section 14-7.03 (special education - orphanage) of
26		this Code and Section 15 of the Childhood Hunger Relief

HB4844 Engrossed - 911 - LRB103 39009 AMC 69146 b
1		Act (free breakfast program) and (II) the school
2		district's actual expenditures for its non-public special
3		education, special education transportation,
4		transportation programs, agricultural education, truants'
5		alternative education, services that would otherwise be
6		performed by a regional office of education, special
7		education orphanage expenditures, and free breakfast, as
8		most recently calculated and reported pursuant to
9		subsection (f) of Section 1D-1 of this Code. The Base
10		Funding Minimum for Glenwood Academy shall be $952,014.
11		For programs operated by a regional office of education or
12		an intermediate service center, the Base Funding Minimum
13		must be the total amount of State funds allocated to those
14		programs in the 2018-2019 school year and amounts provided
15		pursuant to Article 34 of Public Act 100-586 and Section
16		3-16 of this Code. All programs established after June 5,
17		2019 (the effective date of Public Act 101-10) and
18		administered by a regional office of education or an
19		intermediate service center must have an initial Base
20		Funding Minimum set to an amount equal to the first-year
21		ASE multiplied by the amount of per pupil funding received
22		in the previous school year by the lowest funded similar
23		existing program type. If the enrollment for a program
24		operated by a regional office of education or an
25		intermediate service center is zero, then it may not
26		receive Base Funding Minimum funds for that program in the

HB4844 Engrossed - 912 - LRB103 39009 AMC 69146 b
1		next fiscal year, and those funds must be distributed to
2		Organizational Units under subsection (g).
3		(2) For the 2018-2019 and subsequent school years, the
4		Base Funding Minimum of Organizational Units and Specially
5		Funded Units shall be the sum of (i) the amount of
6		Evidence-Based Funding for the prior school year, (ii) the
7		Base Funding Minimum for the prior school year, and (iii)
8		any amount received by a school district pursuant to
9		Section 7 of Article 97 of Public Act 100-21.
10		For the 2022-2023 school year, the Base Funding
11		Minimum of Organizational Units shall be the amounts
12		recalculated by the State Board of Education for Fiscal
13		Year 2019 through Fiscal Year 2022 that were necessary due
14		to average student enrollment errors for districts
15		organized under Article 34 of this Code, plus the Fiscal
16		Year 2022 property tax relief grants provided under
17		Section 2-3.170 of this Code, ensuring each Organizational
18		Unit has the correct amount of resources for Fiscal Year
19		2023 Evidence-Based Funding calculations and that Fiscal
20		Year 2023 Evidence-Based Funding Distributions are made in
21		accordance with this Section.
22		(3) Subject to approval by the General Assembly as
23		provided in this paragraph (3), an Organizational Unit
24		that meets all of the following criteria, as determined by
25		the State Board, shall have District Intervention Money
26		added to its Base Funding Minimum at the time the Base

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1		Funding Minimum is calculated by the State Board:
2		(A) The Organizational Unit is operating under an
3		Independent Authority under Section 2-3.25f-5 of this
4		Code for a minimum of 4 school years or is subject to
5		the control of the State Board pursuant to a court
6		order for a minimum of 4 school years.
7		(B) The Organizational Unit was designated as a
8		Tier 1 or Tier 2 Organizational Unit in the previous
9		school year under paragraph (3) of subsection (g) of
10		this Section.
11		(C) The Organizational Unit demonstrates
12		sustainability through a 5-year financial and
13		strategic plan.
14		(D) The Organizational Unit has made sufficient
15		progress and achieved sufficient stability in the
16		areas of governance, academic growth, and finances.
17		As part of its determination under this paragraph (3),
18		the State Board may consider the Organizational Unit's
19		summative designation, any accreditations of the
20		Organizational Unit, or the Organizational Unit's
21		financial profile, as calculated by the State Board.
22		If the State Board determines that an Organizational
23		Unit has met the criteria set forth in this paragraph (3),
24		it must submit a report to the General Assembly, no later
25		than January 2 of the fiscal year in which the State Board
26		makes it determination, on the amount of District

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1		Intervention Money to add to the Organizational Unit's
2		Base Funding Minimum. The General Assembly must review the
3		State Board's report and may approve or disapprove, by
4		joint resolution, the addition of District Intervention
5		Money. If the General Assembly fails to act on the report
6		within 40 calendar days from the receipt of the report,
7		the addition of District Intervention Money is deemed
8		approved. If the General Assembly approves the amount of
9		District Intervention Money to be added to the
10		Organizational Unit's Base Funding Minimum, the District
11		Intervention Money must be added to the Base Funding
12		Minimum annually thereafter.
13		For the first 4 years following the initial year that
14		the State Board determines that an Organizational Unit has
15		met the criteria set forth in this paragraph (3) and has
16		received funding under this Section, the Organizational
17		Unit must annually submit to the State Board, on or before
18		November 30, a progress report regarding its financial and
19		strategic plan under subparagraph (C) of this paragraph
20		(3). The plan shall include the financial data from the
21		past 4 annual financial reports or financial audits that
22		must be presented to the State Board by November 15 of each
23		year and the approved budget financial data for the
24		current year. The plan shall be developed according to the
25		guidelines presented to the Organizational Unit by the
26		State Board. The plan shall further include financial

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1		projections for the next 3 fiscal years and include a
2		discussion and financial summary of the Organizational
3		Unit's facility needs. If the Organizational Unit does not
4		demonstrate sufficient progress toward its 5-year plan or
5		if it has failed to file an annual financial report, an
6		annual budget, a financial plan, a deficit reduction plan,
7		or other financial information as required by law, the
8		State Board may establish a Financial Oversight Panel
9		under Article 1H of this Code. However, if the
10		Organizational Unit already has a Financial Oversight
11		Panel, the State Board may extend the duration of the
12		Panel.
13		(f) Percent of Adequacy and Final Resources calculation.
14		(1) The Evidence-Based Funding formula establishes a
15		Percent of Adequacy for each Organizational Unit in order
16		to place such units into tiers for the purposes of the
17		funding distribution system described in subsection (g) of
18		this Section. Initially, an Organizational Unit's
19		Preliminary Resources and Preliminary Percent of Adequacy
20		are calculated pursuant to paragraph (2) of this
21		subsection (f). Then, an Organizational Unit's Final
22		Resources and Final Percent of Adequacy are calculated to
23		account for the Organizational Unit's poverty
24		concentration levels pursuant to paragraphs (3) and (4) of
25		this subsection (f).
26		(2) An Organizational Unit's Preliminary Resources are

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1		equal to the sum of its Local Capacity Target, CPPRT, and
2		Base Funding Minimum. An Organizational Unit's Preliminary
3		Percent of Adequacy is the lesser of (i) its Preliminary
4		Resources divided by its Adequacy Target or (ii) 100%.
5		(3) Except for Specially Funded Units, an
6		Organizational Unit's Final Resources are equal to the sum
7		of its Local Capacity, CPPRT, and Adjusted Base Funding
8		Minimum. The Base Funding Minimum of each Specially Funded
9		Unit shall serve as its Final Resources, except that the
10		Base Funding Minimum for State-approved charter schools
11		shall not include any portion of general State aid
12		allocated in the prior year based on the per capita
13		tuition charge times the charter school enrollment.
14		(4) An Organizational Unit's Final Percent of Adequacy
15		is its Final Resources divided by its Adequacy Target. An
16		Organizational Unit's Adjusted Base Funding Minimum is
17		equal to its Base Funding Minimum less its Supplemental
18		Grant Funding, with the resulting figure added to the
19		product of its Supplemental Grant Funding and Preliminary
20		Percent of Adequacy.
21		(g) Evidence-Based Funding formula distribution system.
22		(1) In each school year under the Evidence-Based
23		Funding formula, each Organizational Unit receives funding
24		equal to the sum of its Base Funding Minimum and the unit's
25		allocation of New State Funds determined pursuant to this
26		subsection (g). To allocate New State Funds, the

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1		Evidence-Based Funding formula distribution system first
2		places all Organizational Units into one of 4 tiers in
3		accordance with paragraph (3) of this subsection (g),
4		based on the Organizational Unit's Final Percent of
5		Adequacy. New State Funds are allocated to each of the 4
6		tiers as follows: Tier 1 Aggregate Funding equals 50% of
7		all New State Funds, Tier 2 Aggregate Funding equals 49%
8		of all New State Funds, Tier 3 Aggregate Funding equals
9		0.9% of all New State Funds, and Tier 4 Aggregate Funding
10		equals 0.1% of all New State Funds. Each Organizational
11		Unit within Tier 1 or Tier 2 receives an allocation of New
12		State Funds equal to its tier Funding Gap, as defined in
13		the following sentence, multiplied by the tier's
14		Allocation Rate determined pursuant to paragraph (4) of
15		this subsection (g). For Tier 1, an Organizational Unit's
16		Funding Gap equals the tier's Target Ratio, as specified
17		in paragraph (5) of this subsection (g), multiplied by the
18		Organizational Unit's Adequacy Target, with the resulting
19		amount reduced by the Organizational Unit's Final
20		Resources. For Tier 2, an Organizational Unit's Funding
21		Gap equals the tier's Target Ratio, as described in
22		paragraph (5) of this subsection (g), multiplied by the
23		Organizational Unit's Adequacy Target, with the resulting
24		amount reduced by the Organizational Unit's Final
25		Resources and its Tier 1 funding allocation. To determine
26		the Organizational Unit's Funding Gap, the resulting

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1		amount is then multiplied by a factor equal to one minus
2		the Organizational Unit's Local Capacity Target
3		percentage. Each Organizational Unit within Tier 3 or Tier
4		4 receives an allocation of New State Funds equal to the
5		product of its Adequacy Target and the tier's Allocation
6		Rate, as specified in paragraph (4) of this subsection
7		(g).
8		(2) To ensure equitable distribution of dollars for
9		all Tier 2 Organizational Units, no Tier 2 Organizational
10		Unit shall receive fewer dollars per ASE than any Tier 3
11		Organizational Unit. Each Tier 2 and Tier 3 Organizational
12		Unit shall have its funding allocation divided by its ASE.
13		Any Tier 2 Organizational Unit with a funding allocation
14		per ASE below the greatest Tier 3 allocation per ASE shall
15		get a funding allocation equal to the greatest Tier 3
16		funding allocation per ASE multiplied by the
17		Organizational Unit's ASE. Each Tier 2 Organizational
18		Unit's Tier 2 funding allocation shall be multiplied by
19		the percentage calculated by dividing the original Tier 2
20		Aggregate Funding by the sum of all Tier 2 Organizational
21		Units' Tier 2 funding allocation after adjusting
22		districts' funding below Tier 3 levels.
23		(3) Organizational Units are placed into one of 4
24		tiers as follows:
25		(A) Tier 1 consists of all Organizational Units,
26		except for Specially Funded Units, with a Percent of

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1		Adequacy less than the Tier 1 Target Ratio. The Tier 1
2		Target Ratio is the ratio level that allows for Tier 1
3		Aggregate Funding to be distributed, with the Tier 1
4		Allocation Rate determined pursuant to paragraph (4)
5		of this subsection (g).
6		(B) Tier 2 consists of all Tier 1 Units and all
7		other Organizational Units, except for Specially
8		Funded Units, with a Percent of Adequacy of less than
9		0.90.
10		(C) Tier 3 consists of all Organizational Units,
11		except for Specially Funded Units, with a Percent of
12		Adequacy of at least 0.90 and less than 1.0.
13		(D) Tier 4 consists of all Organizational Units
14		with a Percent of Adequacy of at least 1.0.
15		(4) The Allocation Rates for Tiers 1 through 4 are
16		determined as follows:
17		(A) The Tier 1 Allocation Rate is 30%.
18		(B) The Tier 2 Allocation Rate is the result of the
19		following equation: Tier 2 Aggregate Funding, divided
20		by the sum of the Funding Gaps for all Tier 2
21		Organizational Units, unless the result of such
22		equation is higher than 1.0. If the result of such
23		equation is higher than 1.0, then the Tier 2
24		Allocation Rate is 1.0.
25		(C) The Tier 3 Allocation Rate is the result of the
26		following equation: Tier 3 Aggregate Funding, divided

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1		by the sum of the Adequacy Targets of all Tier 3
2		Organizational Units.
3		(D) The Tier 4 Allocation Rate is the result of the
4		following equation: Tier 4 Aggregate Funding, divided
5		by the sum of the Adequacy Targets of all Tier 4
6		Organizational Units.
7		(5) A tier's Target Ratio is determined as follows:
8		(A) The Tier 1 Target Ratio is the ratio level that
9		allows for Tier 1 Aggregate Funding to be distributed
10		with the Tier 1 Allocation Rate.
11		(B) The Tier 2 Target Ratio is 0.90.
12		(C) The Tier 3 Target Ratio is 1.0.
13		(6) If, at any point, the Tier 1 Target Ratio is
14		greater than 90%, then all Tier 1 funding shall be
15		allocated to Tier 2 and no Tier 1 Organizational Unit's
16		funding may be identified.
17		(7) In the event that all Tier 2 Organizational Units
18		receive funding at the Tier 2 Target Ratio level, any
19		remaining New State Funds shall be allocated to Tier 3 and
20		Tier 4 Organizational Units.
21		(8) If any Specially Funded Units, excluding Glenwood
22		Academy, recognized by the State Board do not qualify for
23		direct funding following the implementation of Public Act
24		100-465 from any of the funding sources included within
25		the definition of Base Funding Minimum, the unqualified
26		portion of the Base Funding Minimum shall be transferred

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1		to one or more appropriate Organizational Units as
2		determined by the State Superintendent based on the prior
3		year ASE of the Organizational Units.
4		(8.5) If a school district withdraws from a special
5		education cooperative, the portion of the Base Funding
6		Minimum that is attributable to the school district may be
7		redistributed to the school district upon withdrawal. The
8		school district and the cooperative must include the
9		amount of the Base Funding Minimum that is to be
10		reapportioned in their withdrawal agreement and notify the
11		State Board of the change with a copy of the agreement upon
12		withdrawal.
13		(9) The Minimum Funding Level is intended to establish
14		a target for State funding that will keep pace with
15		inflation and continue to advance equity through the
16		Evidence-Based Funding formula. The target for State
17		funding of New Property Tax Relief Pool Funds is
18		$50,000,000 for State fiscal year 2019 and subsequent
19		State fiscal years. The Minimum Funding Level is equal to
20		$350,000,000. In addition to any New State Funds, no more
21		than $50,000,000 New Property Tax Relief Pool Funds may be
22		counted toward the Minimum Funding Level. If the sum of
23		New State Funds and applicable New Property Tax Relief
24		Pool Funds are less than the Minimum Funding Level, than
25		funding for tiers shall be reduced in the following
26		manner:

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1		(A) First, Tier 4 funding shall be reduced by an
2		amount equal to the difference between the Minimum
3		Funding Level and New State Funds until such time as
4		Tier 4 funding is exhausted.
5		(B) Next, Tier 3 funding shall be reduced by an
6		amount equal to the difference between the Minimum
7		Funding Level and New State Funds and the reduction in
8		Tier 4 funding until such time as Tier 3 funding is
9		exhausted.
10		(C) Next, Tier 2 funding shall be reduced by an
11		amount equal to the difference between the Minimum
12		Funding Level and New State Funds and the reduction in
13		Tier 4 and Tier 3.
14		(D) Finally, Tier 1 funding shall be reduced by an
15		amount equal to the difference between the Minimum
16		Funding level and New State Funds and the reduction in
17		Tier 2, 3, and 4 funding. In addition, the Allocation
18		Rate for Tier 1 shall be reduced to a percentage equal
19		to the Tier 1 Allocation Rate set by paragraph (4) of
20		this subsection (g), multiplied by the result of New
21		State Funds divided by the Minimum Funding Level.
22		(9.5) For State fiscal year 2019 and subsequent State
23		fiscal years, if New State Funds exceed $300,000,000, then
24		any amount in excess of $300,000,000 shall be dedicated
25		for purposes of Section 2-3.170 of this Code up to a
26		maximum of $50,000,000.

HB4844 Engrossed - 923 - LRB103 39009 AMC 69146 b
1		(10) In the event of a decrease in the amount of the
2		appropriation for this Section in any fiscal year after
3		implementation of this Section, the Organizational Units
4		receiving Tier 1 and Tier 2 funding, as determined under
5		paragraph (3) of this subsection (g), shall be held
6		harmless by establishing a Base Funding Guarantee equal to
7		the per pupil kindergarten through grade 12 funding
8		received in accordance with this Section in the prior
9		fiscal year. Reductions shall be made to the Base Funding
10		Minimum of Organizational Units in Tier 3 and Tier 4 on a
11		per pupil basis equivalent to the total number of the ASE
12		in Tier 3-funded and Tier 4-funded Organizational Units
13		divided by the total reduction in State funding. The Base
14		Funding Minimum as reduced shall continue to be applied to
15		Tier 3 and Tier 4 Organizational Units and adjusted by the
16		relative formula when increases in appropriations for this
17		Section resume. In no event may State funding reductions
18		to Organizational Units in Tier 3 or Tier 4 exceed an
19		amount that would be less than the Base Funding Minimum
20		established in the first year of implementation of this
21		Section. If additional reductions are required, all school
22		districts shall receive a reduction by a per pupil amount
23		equal to the aggregate additional appropriation reduction
24		divided by the total ASE of all Organizational Units.
25		(11) The State Superintendent shall make minor
26		adjustments to the distribution formula set forth in this

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1		subsection (g) to account for the rounding of percentages
2		to the nearest tenth of a percentage and dollar amounts to
3		the nearest whole dollar.
4		(h) State Superintendent administration of funding and
5		district submission requirements.
6		(1) The State Superintendent shall, in accordance with
7		appropriations made by the General Assembly, meet the
8		funding obligations created under this Section.
9		(2) The State Superintendent shall calculate the
10		Adequacy Target for each Organizational Unit under this
11		Section. No Evidence-Based Funding shall be distributed
12		within an Organizational Unit without the approval of the
13		unit's school board.
14		(3) Annually, the State Superintendent shall calculate
15		and report to each Organizational Unit the unit's
16		aggregate financial adequacy amount, which shall be the
17		sum of the Adequacy Target for each Organizational Unit.
18		The State Superintendent shall calculate and report
19		separately for each Organizational Unit the unit's total
20		State funds allocated for its students with disabilities.
21		The State Superintendent shall calculate and report
22		separately for each Organizational Unit the amount of
23		funding and applicable FTE calculated for each Essential
24		Element of the unit's Adequacy Target.
25		(4) Annually, the State Superintendent shall calculate
26		and report to each Organizational Unit the amount the unit

HB4844 Engrossed - 925 - LRB103 39009 AMC 69146 b
1		must expend on special education and bilingual education
2		and computer technology and equipment for Organizational
3		Units assigned to Tier 1 or Tier 2 that received an
4		additional $285.50 per student computer technology and
5		equipment investment grant to their Adequacy Target
6		pursuant to the unit's Base Funding Minimum, Special
7		Education Allocation, Bilingual Education Allocation, and
8		computer technology and equipment investment allocation.
9		(5) Moneys distributed under this Section shall be
10		calculated on a school year basis, but paid on a fiscal
11		year basis, with payments beginning in August and
12		extending through June. Unless otherwise provided, the
13		moneys appropriated for each fiscal year shall be
14		distributed in 22 equal payments at least 2 times monthly
15		to each Organizational Unit. If moneys appropriated for
16		any fiscal year are distributed other than monthly, the
17		distribution shall be on the same basis for each
18		Organizational Unit.
19		(6) Any school district that fails, for any given
20		school year, to maintain school as required by law or to
21		maintain a recognized school is not eligible to receive
22		Evidence-Based Funding. In case of non-recognition of one
23		or more attendance centers in a school district otherwise
24		operating recognized schools, the claim of the district
25		shall be reduced in the proportion that the enrollment in
26		the attendance center or centers bears to the enrollment

HB4844 Engrossed - 926 - LRB103 39009 AMC 69146 b
1		of the school district. "Recognized school" means any
2		public school that meets the standards for recognition by
3		the State Board. A school district or attendance center
4		not having recognition status at the end of a school term
5		is entitled to receive State aid payments due upon a legal
6		claim that was filed while it was recognized.
7		(7) School district claims filed under this Section
8		are subject to Sections 18-9 and 18-12 of this Code,
9		except as otherwise provided in this Section.
10		(8) Each fiscal year, the State Superintendent shall
11		calculate for each Organizational Unit an amount of its
12		Base Funding Minimum and Evidence-Based Funding that shall
13		be deemed attributable to the provision of special
14		educational facilities and services, as defined in Section
15		14-1.08 of this Code, in a manner that ensures compliance
16		with maintenance of State financial support requirements
17		under the federal Individuals with Disabilities Education
18		Act. An Organizational Unit must use such funds only for
19		the provision of special educational facilities and
20		services, as defined in Section 14-1.08 of this Code, and
21		must comply with any expenditure verification procedures
22		adopted by the State Board.
23		(9) All Organizational Units in this State must submit
24		annual spending plans, as part of the budget submission
25		process, no later than October 31 of each year to the State
26		Board. The spending plan shall describe how each

HB4844 Engrossed - 927 - LRB103 39009 AMC 69146 b
1		Organizational Unit will utilize the Base Funding Minimum
2		and Evidence-Based Funding it receives from this State
3		under this Section with specific identification of the
4		intended utilization of Low-Income, English learner, and
5		special education resources. Additionally, the annual
6		spending plans of each Organizational Unit shall describe
7		how the Organizational Unit expects to achieve student
8		growth and how the Organizational Unit will achieve State
9		education goals, as defined by the State Board. The State
10		Superintendent may, from time to time, identify additional
11		requisites for Organizational Units to satisfy when
12		compiling the annual spending plans required under this
13		subsection (h). The format and scope of annual spending
14		plans shall be developed by the State Superintendent and
15		the State Board of Education. School districts that serve
16		students under Article 14C of this Code shall continue to
17		submit information as required under Section 14C-12 of
18		this Code.
19		(10) No later than January 1, 2018, the State
20		Superintendent shall develop a 5-year strategic plan for
21		all Organizational Units to help in planning for adequacy
22		funding under this Section. The State Superintendent shall
23		submit the plan to the Governor and the General Assembly,
24		as provided in Section 3.1 of the General Assembly
25		Organization Act. The plan shall include recommendations
26		for:

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1		(A) a framework for collaborative, professional,
2		innovative, and 21st century learning environments
3		using the Evidence-Based Funding model;
4		(B) ways to prepare and support this State's
5		educators for successful instructional careers;
6		(C) application and enhancement of the current
7		financial accountability measures, the approved State
8		plan to comply with the federal Every Student Succeeds
9		Act, and the Illinois Balanced Accountability Measures
10		in relation to student growth and elements of the
11		Evidence-Based Funding model; and
12		(D) implementation of an effective school adequacy
13		funding system based on projected and recommended
14		funding levels from the General Assembly.
15		(11) On an annual basis, the State Superintendent must
16		recalibrate all of the following per pupil elements of the
17		Adequacy Target and applied to the formulas, based on the
18		study of average expenses and as reported in the most
19		recent annual financial report:
20		(A) Gifted under subparagraph (M) of paragraph (2)
21		of subsection (b).
22		(B) Instructional materials under subparagraph (O)
23		of paragraph (2) of subsection (b).
24		(C) Assessment under subparagraph (P) of paragraph
25		(2) of subsection (b).
26		(D) Student activities under subparagraph (R) of

HB4844 Engrossed - 929 - LRB103 39009 AMC 69146 b
1		paragraph (2) of subsection (b).
2		(E) Maintenance and operations under subparagraph
3		(S) of paragraph (2) of subsection (b).
4		(F) Central office under subparagraph (T) of
5		paragraph (2) of subsection (b).
6		(i) Professional Review Panel.
7		(1) A Professional Review Panel is created to study
8		and review topics related to the implementation and effect
9		of Evidence-Based Funding, as assigned by a joint
10		resolution or Public Act of the General Assembly or a
11		motion passed by the State Board of Education. The Panel
12		must provide recommendations to and serve the Governor,
13		the General Assembly, and the State Board. The State
14		Superintendent or his or her designee must serve as a
15		voting member and chairperson of the Panel. The State
16		Superintendent must appoint a vice chairperson from the
17		membership of the Panel. The Panel must advance
18		recommendations based on a three-fifths majority vote of
19		Panel members present and voting. A minority opinion may
20		also accompany any recommendation of the Panel. The Panel
21		shall be appointed by the State Superintendent, except as
22		otherwise provided in paragraph (2) of this subsection (i)
23		and include the following members:
24		(A) Two appointees that represent district
25		superintendents, recommended by a statewide
26		organization that represents district superintendents.

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1		(B) Two appointees that represent school boards,
2		recommended by a statewide organization that
3		represents school boards.
4		(C) Two appointees from districts that represent
5		school business officials, recommended by a statewide
6		organization that represents school business
7		officials.
8		(D) Two appointees that represent school
9		principals, recommended by a statewide organization
10		that represents school principals.
11		(E) Two appointees that represent teachers,
12		recommended by a statewide organization that
13		represents teachers.
14		(F) Two appointees that represent teachers,
15		recommended by another statewide organization that
16		represents teachers.
17		(G) Two appointees that represent regional
18		superintendents of schools, recommended by
19		organizations that represent regional superintendents.
20		(H) Two independent experts selected solely by the
21		State Superintendent.
22		(I) Two independent experts recommended by public
23		universities in this State.
24		(J) One member recommended by a statewide
25		organization that represents parents.
26		(K) Two representatives recommended by collective

HB4844 Engrossed - 931 - LRB103 39009 AMC 69146 b
1		impact organizations that represent major metropolitan
2		areas or geographic areas in Illinois.
3		(L) One member from a statewide organization
4		focused on research-based education policy to support
5		a school system that prepares all students for
6		college, a career, and democratic citizenship.
7		(M) One representative from a school district
8		organized under Article 34 of this Code.
9		The State Superintendent shall ensure that the
10		membership of the Panel includes representatives from
11		school districts and communities reflecting the
12		geographic, socio-economic, racial, and ethnic diversity
13		of this State. The State Superintendent shall additionally
14		ensure that the membership of the Panel includes
15		representatives with expertise in bilingual education and
16		special education. Staff from the State Board shall staff
17		the Panel.
18		(2) In addition to those Panel members appointed by
19		the State Superintendent, 4 members of the General
20		Assembly shall be appointed as follows: one member of the
21		House of Representatives appointed by the Speaker of the
22		House of Representatives, one member of the Senate
23		appointed by the President of the Senate, one member of
24		the House of Representatives appointed by the Minority
25		Leader of the House of Representatives, and one member of
26		the Senate appointed by the Minority Leader of the Senate.

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1		There shall be one additional member appointed by the
2		Governor. All members appointed by legislative leaders or
3		the Governor shall be non-voting, ex officio members.
4		(3) The Panel must study topics at the direction of
5		the General Assembly or State Board of Education, as
6		provided under paragraph (1). The Panel may also study the
7		following topics at the direction of the chairperson:
8		(A) The format and scope of annual spending plans
9		referenced in paragraph (9) of subsection (h) of this
10		Section.
11		(B) The Comparable Wage Index under this Section.
12		(C) Maintenance and operations, including capital
13		maintenance and construction costs.
14		(D) "At-risk student" definition.
15		(E) Benefits.
16		(F) Technology.
17		(G) Local Capacity Target.
18		(H) Funding for Alternative Schools, Laboratory
19		Schools, safe schools, and alternative learning
20		opportunities programs.
21		(I) Funding for college and career acceleration
22		strategies.
23		(J) Special education investments.
24		(K) Early childhood investments, in collaboration
25		with the Illinois Early Learning Council.
26		(4) (Blank).

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1		(5) Within 5 years after the implementation of this
2		Section, and every 5 years thereafter, the Panel shall
3		complete an evaluative study of the entire Evidence-Based
4		Funding model, including an assessment of whether or not
5		the formula is achieving State goals. The Panel shall
6		report to the State Board, the General Assembly, and the
7		Governor on the findings of the study.
8		(6) (Blank).
9		(7) To ensure that (i) the Adequacy Target calculation
10		under subsection (b) accurately reflects the needs of
11		students living in poverty or attending schools located in
12		areas of high poverty, (ii) racial equity within the
13		Evidence-Based Funding formula is explicitly explored and
14		advanced, and (iii) the funding goals of the formula
15		distribution system established under this Section are
16		sufficient to provide adequate funding for every student
17		and to fully fund every school in this State, the Panel
18		shall review the Essential Elements under paragraph (2) of
19		subsection (b). The Panel shall consider all of the
20		following in its review:
21		(A) The financial ability of school districts to
22		provide instruction in a foreign language to every
23		student and whether an additional Essential Element
24		should be added to the formula to ensure that every
25		student has access to instruction in a foreign
26		language.

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1		(B) The adult-to-student ratio for each Essential
2		Element in which a ratio is identified. The Panel
3		shall consider whether the ratio accurately reflects
4		the staffing needed to support students living in
5		poverty or who have traumatic backgrounds.
6		(C) Changes to the Essential Elements that may be
7		required to better promote racial equity and eliminate
8		structural racism within schools.
9		(D) The impact of investing $350,000,000 in
10		additional funds each year under this Section and an
11		estimate of when the school system will become fully
12		funded under this level of appropriation.
13		(E) Provide an overview of alternative funding
14		structures that would enable the State to become fully
15		funded at an earlier date.
16		(F) The potential to increase efficiency and to
17		find cost savings within the school system to expedite
18		the journey to a fully funded system.
19		(G) The appropriate levels for reenrolling and
20		graduating high-risk high school students who have
21		been previously out of school. These outcomes shall
22		include enrollment, attendance, skill gains, credit
23		gains, graduation or promotion to the next grade
24		level, and the transition to college, training, or
25		employment, with an emphasis on progressively
26		increasing the overall attendance.

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1		(H) The evidence-based or research-based practices
2		that are shown to reduce the gaps and disparities
3		experienced by African American students in academic
4		achievement and educational performance, including
5		practices that have been shown to reduce disparities
6		in disciplinary rates, drop-out rates, graduation
7		rates, college matriculation rates, and college
8		completion rates.
9		On or before December 31, 2021, the Panel shall report
10		to the State Board, the General Assembly, and the Governor
11		on the findings of its review. This paragraph (7) is
12		inoperative on and after July 1, 2022.
13		(8) On or before April 1, 2024, the Panel must submit a
14		report to the General Assembly on annual adjustments to
15		Glenwood Academy's base-funding minimum in a similar
16		fashion to school districts under this Section.
17		(j) References. Beginning July 1, 2017, references in
18		other laws to general State aid funds or calculations under
19		Section 18-8.05 of this Code (now repealed) shall be deemed to
20		be references to evidence-based model formula funds or
21		calculations under this Section.
22		(Source: P.A. 102-33, eff. 6-25-21; 102-197, eff. 7-30-21;
23		102-558, eff. 8-20-21; 102-699, eff. 4-19-22; 102-782, eff.
24		1-1-23; 102-813, eff. 5-13-22; 102-894, eff. 5-20-22; 103-8,
25		eff. 6-7-23; 103-154, eff. 6-30-23; 103-175, eff. 6-30-23;
26		revised 8-30-23.)

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1		(105 ILCS 5/19-6) (from Ch. 122, par. 19-6)
2		Sec. 19-6. Bond money to school treasurer; delivery
3		treasurer - Delivery of bonds; record; payment bonds - Record -
4		Payment. All moneys borrowed under the authority of this
5		Act, except money borrowed by school districts having a
6		population of more than 500,000 inhabitants, shall be paid to
7		the school treasurer of the district. The treasurer shall,
8		before receiving any of the money, execute a bond with a surety
9		company authorized to do business in this State, as surety,
10		payable to the school board of the district in Class I county
11		school units or township trustees in Class II county school
12		units and conditioned upon the faithful discharge of his
13		duties, except that the bond required of the school treasurer
14		of a school district which is located in a Class II county
15		school unit but which no longer is subject to the jurisdiction
16		and authority of a township treasurer or trustees of schools
17		of a township because the district has withdrawn from the
18		jurisdiction and authority of the township treasurer and
19		trustees of schools of the township or because those offices
20		have been abolished as provided in subsection (b) or (c) of
21		Section 5-1 shall be payable to the school board of such
22		district and conditioned upon the faithful discharge of his
23		duties. The bond shall be submitted for approval or rejection
24		to the school board of the district or to the township trustees
25		to which such bond is payable. The penalty of the bond or bonds

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1		shall be an amount no less than 10% of the amount of such bond
2		issue, whether individuals act as surety or whether the surety
3		is given by a surety company authorized to transact business
4		in this State. The bond shall be in substantially the same form
5		as that required by Section 8-2 of this Act and when so given
6		shall fully describe the bond issue which it specifically
7		covers and shall remain in force until the funds of the bond
8		issue are taken into account in determining the penalty amount
9		for the surety bond required by Section 8-2 of this Code. Upon
10		receiving such moneys the treasurer shall deliver the bonds
11		issued therefor to the persons entitled to receive them, and
12		shall credit the funds received to the district issuing the
13		bonds. The treasurer shall record the amount received for each
14		bond issued. When any bonds are paid the treasurer shall
15		cancel them and shall enter, against the record of the bonds,
16		the words, "paid and cancelled the .... day of ...., 1 ....,"
17		filling the blanks with the day, month, and year corresponding
18		to the date of payment.
19		(Source: P.A. 103-49, eff. 6-9-23; revised 9-20-23.)
20		(105 ILCS 5/21B-30)
21		Sec. 21B-30. Educator testing.
22		(a) (Blank).
23		(b) The State Board of Education, in consultation with the
24		State Educator Preparation and Licensure Board, shall design
25		and implement a system of examinations, which shall be

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1		required prior to the issuance of educator licenses. These
2		examinations and indicators must be based on national and
3		State professional teaching standards, as determined by the
4		State Board of Education, in consultation with the State
5		Educator Preparation and Licensure Board. The State Board of
6		Education may adopt such rules as may be necessary to
7		implement and administer this Section.
8		(c) (Blank).
9		(c-5) The State Board must adopt rules to implement a
10		paraprofessional competency test. This test would allow an
11		applicant seeking an Educator License with Stipulations with a
12		paraprofessional educator endorsement to obtain the
13		endorsement if he or she passes the test and meets the other
14		requirements of subparagraph (J) of paragraph (2) of Section
15		21B-20 other than the higher education requirements.
16		(d) All applicants seeking a State license shall be
17		required to pass a test of content area knowledge for each area
18		of endorsement for which there is an applicable test. There
19		shall be no exception to this requirement. No candidate shall
20		be allowed to student teach or serve as the teacher of record
21		until he or she has passed the applicable content area test.
22		(d-5) The State Board shall consult with any applicable
23		vendors within 90 days after July 28, 2023 (the effective date
24		of Public Act 103-402) this amendatory Act of the 103rd
25		General Assembly to develop a plan to transition the test of
26		content area knowledge in the endorsement area of elementary

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1		education, grades one through 6, by July 1, 2026 to a content
2		area test that contains testing elements that cover
3		bilingualism, biliteracy, oral language development,
4		foundational literacy skills, and developmentally appropriate
5		higher-order comprehension and on which a valid and reliable
6		language and literacy subscore can be determined. The State
7		Board shall base its rules concerning the passing subscore on
8		the language and literacy portion of the test on the
9		recommended cut-score determined in the formal
10		standard-setting process. Candidates need not achieve a
11		particular subscore in the area of language and literacy. The
12		State Board shall aggregate and publish the number of
13		candidates in each preparation program who take the test and
14		the number who pass the language and literacy portion.
15		(e) (Blank).
16		(f) Beginning on August 4, 2023 (the effective date of
17		Public Act 103-488) this amendatory Act of the 103rd General
18		Assembly through August 31, 2025, no candidate completing a
19		teacher preparation program in this State or candidate subject
20		to Section 21B-35 of this Code is required to pass a teacher
21		performance assessment. Except as otherwise provided in this
22		Article, beginning on September 1, 2015 until August 4, 2023
23		(the effective date of Public Act 103-488) this amendatory Act
24		of the 103rd General Assembly and beginning again on September
25		1, 2025, all candidates completing teacher preparation
26		programs in this State and all candidates subject to Section

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1		21B-35 of this Code are required to pass a teacher performance
2		assessment approved by the State Board of Education, in
3		consultation with the State Educator Preparation and Licensure
4		Board. A candidate may not be required to submit test
5		materials by video submission. Subject to appropriation, an
6		individual who holds a Professional Educator License and is
7		employed for a minimum of one school year by a school district
8		designated as Tier 1 under Section 18-8.15 may, after
9		application to the State Board, receive from the State Board a
10		refund for any costs associated with completing the teacher
11		performance assessment under this subsection.
12		(f-5) The Teacher Performance Assessment Task Force is
13		created to evaluate potential performance-based and objective
14		teacher performance assessment systems for implementation
15		across all educator preparation programs in this State, with
16		the intention of ensuring consistency across programs and
17		supporting a thoughtful and well-rounded licensure system.
18		Members appointed to the Task Force must reflect the racial,
19		ethnic, and geographic diversity of this State. The Task Force
20		shall consist of all of the following members:
21		(1) One member of the Senate, appointed by the
22		President of the Senate.
23		(2) One member of the Senate, appointed by the
24		Minority Leader of the Senate.
25		(3) One member of the House of Representatives,
26		appointed by the Speaker of the House of Representatives.

HB4844 Engrossed - 941 - LRB103 39009 AMC 69146 b
1		(4) One member of the House of Representatives,
2		appointed by the Minority Leader of the House of
3		Representatives.
4		(5) One member who represents a statewide professional
5		teachers' organization, appointed by the State
6		Superintendent of Education.
7		(6) One member who represents a different statewide
8		professional teachers' organization, appointed by the
9		State Superintendent of Education.
10		(7) One member from a statewide organization
11		representing school principals, appointed by the State
12		Superintendent of Education.
13		(8) One member from a statewide organization
14		representing regional superintendents of schools,
15		appointed by the State Superintendent of Education.
16		(9) One member from a statewide organization
17		representing school administrators, appointed by the State
18		Superintendent of Education.
19		(10) One member representing a school district
20		organized under Article 34 of this Code, appointed by the
21		State Superintendent of Education.
22		(11) One member of an association representing rural
23		and small schools, appointed by the State Superintendent
24		of Education.
25		(12) One member representing a suburban school
26		district, appointed by the State Superintendent of

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1		Education.
2		(13) One member from a statewide organization
3		representing school districts in the southern suburbs of
4		the City of Chicago, appointed by the State Superintendent
5		of Education.
6		(14) One member from a statewide organization
7		representing large unit school districts, appointed by the
8		State Superintendent of Education.
9		(15) One member from a statewide organization
10		representing school districts in the collar counties of
11		the City of Chicago, appointed by the State Superintendent
12		of Education.
13		(16) Three members, each representing a different
14		public university in this State and each a current member
15		of the faculty of an approved educator preparation
16		program, appointed by the State Superintendent of
17		Education.
18		(17) Three members, each representing a different
19		4-year nonpublic university or college in this State and
20		each a current member of the faculty of an approved
21		educator preparation program, appointed by the State
22		Superintendent of Education.
23		(18) One member of the Board of Higher Education,
24		appointed by the State Superintendent of Education.
25		(19) One member representing a statewide policy
26		organization advocating on behalf of multilingual students

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1		and families, appointed by the State Superintendent of
2		Education.
3		(20) One member representing a statewide organization
4		focused on research-based education policy to support a
5		school system that prepares all students for college, a
6		career, and democratic citizenship, appointed by the State
7		Superintendent of Education.
8		(21) Two members representing an early childhood
9		advocacy organization, appointed by the State
10		Superintendent of Education.
11		(22) One member representing a statewide organization
12		that partners with educator preparation programs and
13		school districts to support the growth and development of
14		preservice teachers, appointed by the State Superintendent
15		of Education.
16		(23) One member representing a statewide organization
17		that advocates for educational equity and racial justice
18		in schools, appointed by the State Superintendent of
19		Education.
20		(24) One member representing a statewide organization
21		that represents school boards, appointed by the State
22		Superintendent of Education.
23		(25) One member who has, within the last 5 years,
24		served as a cooperating teacher, appointed by the State
25		Superintendent of Education.
26		Members of the Task Force shall serve without

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1		compensation. The Task Force shall first meet at the call of
2		the State Superintendent of Education, and each subsequent
3		meeting shall be called by the chairperson of the Task Force,
4		who shall be designated by the State Superintendent of
5		Education. The State Board of Education shall provide
6		administrative and other support to the Task Force.
7		On or before August 1, 2024, the Task Force shall report on
8		its work, including recommendations on a teacher performance
9		assessment system in this State, to the State Board of
10		Education and the General Assembly. The Task Force is
11		dissolved upon submission of this report.
12		(g) The content area knowledge test and the teacher
13		performance assessment shall be the tests that from time to
14		time are designated by the State Board of Education, in
15		consultation with the State Educator Preparation and Licensure
16		Board, and may be tests prepared by an educational testing
17		organization or tests designed by the State Board of
18		Education, in consultation with the State Educator Preparation
19		and Licensure Board. The test of content area knowledge shall
20		assess content knowledge in a specific subject field. The
21		tests must be designed to be racially neutral to ensure that no
22		person taking the tests is discriminated against on the basis
23		of race, color, national origin, or other factors unrelated to
24		the person's ability to perform as a licensed employee. The
25		score required to pass the tests shall be fixed by the State
26		Board of Education, in consultation with the State Educator

HB4844 Engrossed - 945 - LRB103 39009 AMC 69146 b
1		Preparation and Licensure Board. The tests shall be
2		administered not fewer than 3 times a year at such time and
3		place as may be designated by the State Board of Education, in
4		consultation with the State Educator Preparation and Licensure
5		Board.
6		The State Board shall implement a test or tests to assess
7		the speaking, reading, writing, and grammar skills of
8		applicants for an endorsement or a license issued under
9		subdivision (G) of paragraph (2) of Section 21B-20 of this
10		Code in the English language and in the language of the
11		transitional bilingual education program requested by the
12		applicant.
13		(h) Except as provided in Section 34-6 of this Code, the
14		provisions of this Section shall apply equally in any school
15		district subject to Article 34 of this Code.
16		(i) The rules developed to implement and enforce the
17		testing requirements under this Section shall include, without
18		limitation, provisions governing test selection, test
19		validation, and determination of a passing score,
20		administration of the tests, frequency of administration,
21		applicant fees, frequency of applicants taking the tests, the
22		years for which a score is valid, and appropriate special
23		accommodations. The State Board of Education shall develop
24		such rules as may be needed to ensure uniformity from year to
25		year in the level of difficulty for each form of an assessment.
26		(Source: P.A. 102-301, eff. 8-26-21; 103-402, eff. 7-28-23;

HB4844 Engrossed - 946 - LRB103 39009 AMC 69146 b
1		103-488, eff. 8-4-23; revised 9-1-23.)
2		(105 ILCS 5/21B-50)
3		Sec. 21B-50. Alternative Educator Licensure Program for
4		Teachers.
5		(a) There is established an alternative educator licensure
6		program, to be known as the Alternative Educator Licensure
7		Program for Teachers.
8		(b) The Alternative Educator Licensure Program for
9		Teachers may be offered by a recognized institution approved
10		to offer educator preparation programs by the State Board of
11		Education, in consultation with the State Educator Preparation
12		and Licensure Board.
13		The program shall be comprised of up to 3 phases:
14		(1) A course of study that at a minimum includes
15		instructional planning; instructional strategies,
16		including special education, reading, and English language
17		learning; classroom management; and the assessment of
18		students and use of data to drive instruction.
19		(2) A year of residency, which is a candidate's
20		assignment to a full-time teaching position or as a
21		co-teacher for one full school year. An individual must
22		hold an Educator License with Stipulations with an
23		alternative provisional educator endorsement in order to
24		enter the residency. In residency, the candidate must: be
25		assigned an effective, fully licensed teacher by the

HB4844 Engrossed - 947 - LRB103 39009 AMC 69146 b
1		principal or principal equivalent to act as a mentor and
2		coach the candidate through residency, complete additional
3		program requirements that address required State and
4		national standards, pass the State Board's teacher
5		performance assessment, if required under Section 21B-30,
6		and be recommended by the principal or qualified
7		equivalent of a principal, as required under subsection
8		(d) of this Section, and the program coordinator to be
9		recommended for full licensure or to continue with a
10		second year of the residency.
11		(3) (Blank).
12		(4) A comprehensive assessment of the candidate's
13		teaching effectiveness, as evaluated by the principal or
14		qualified equivalent of a principal, as required under
15		subsection (d) of this Section, and the program
16		coordinator, at the end of either the first or the second
17		year of residency. If there is disagreement between the 2
18		evaluators about the candidate's teaching effectiveness at
19		the end of the first year of residency, a second year of
20		residency shall be required. If there is disagreement
21		between the 2 evaluators at the end of the second year of
22		residency, the candidate may complete one additional year
23		of residency teaching under a professional development
24		plan developed by the principal or qualified equivalent
25		and the preparation program. At the completion of the
26		third year, a candidate must have positive evaluations and

HB4844 Engrossed - 948 - LRB103 39009 AMC 69146 b
1		a recommendation for full licensure from both the
2		principal or qualified equivalent and the program
3		coordinator or no Professional Educator License shall be
4		issued.
5		Successful completion of the program shall be deemed to
6		satisfy any other practice or student teaching and content
7		matter requirements established by law.
8		(c) An alternative provisional educator endorsement on an
9		Educator License with Stipulations is valid for up to 2 years
10		of teaching in the public schools, including without
11		limitation a preschool educational program under Section
12		2-3.71 of this Code or charter school, or in a
13		State-recognized nonpublic school in which the chief
14		administrator is required to have the licensure necessary to
15		be a principal in a public school in this State and in which a
16		majority of the teachers are required to have the licensure
17		necessary to be instructors in a public school in this State,
18		but may be renewed for a third year if needed to complete the
19		Alternative Educator Licensure Program for Teachers. The
20		endorsement shall be issued only once to an individual who
21		meets all of the following requirements:
22		(1) Has graduated from a regionally accredited college
23		or university with a bachelor's degree or higher.
24		(2) (Blank).
25		(3) Has completed a major in the content area if
26		seeking a middle or secondary level endorsement or, if

HB4844 Engrossed - 949 - LRB103 39009 AMC 69146 b
1		seeking an early childhood, elementary, or special
2		education endorsement, has completed a major in the
3		content area of early childhood reading, English/language
4		arts, mathematics, or one of the sciences. If the
5		individual does not have a major in a content area for any
6		level of teaching, he or she must submit transcripts to
7		the State Board of Education to be reviewed for
8		equivalency.
9		(4) Has successfully completed phase (1) of subsection
10		(b) of this Section.
11		(5) Has passed a content area test required for the
12		specific endorsement for admission into the program, as
13		required under Section 21B-30 of this Code.
14		A candidate possessing the alternative provisional
15		educator endorsement may receive a salary, benefits, and any
16		other terms of employment offered to teachers in the school
17		who are members of an exclusive bargaining representative, if
18		any, but a school is not required to provide these benefits
19		during the years of residency if the candidate is serving only
20		as a co-teacher. If the candidate is serving as the teacher of
21		record, the candidate must receive a salary, benefits, and any
22		other terms of employment. Residency experiences must not be
23		counted towards tenure.
24		(d) The recognized institution offering the Alternative
25		Educator Licensure Program for Teachers must partner with a
26		school district, including without limitation a preschool

HB4844 Engrossed - 950 - LRB103 39009 AMC 69146 b
1		educational program under Section 2-3.71 of this Code or
2		charter school, or a State-recognized, nonpublic school in
3		this State in which the chief administrator is required to
4		have the licensure necessary to be a principal in a public
5		school in this State and in which a majority of the teachers
6		are required to have the licensure necessary to be instructors
7		in a public school in this State. A recognized institution
8		that partners with a public school district administering a
9		preschool educational program under Section 2-3.71 of this
10		Code must require a principal to recommend or evaluate
11		candidates in the program. A recognized institution that
12		partners with an eligible entity administering a preschool
13		educational program under Section 2-3.71 of this Code and that
14		is not a public school district must require a principal or
15		qualified equivalent of a principal to recommend or evaluate
16		candidates in the program. The program presented for approval
17		by the State Board of Education must demonstrate the supports
18		that are to be provided to assist the provisional teacher
19		during the one-year 1-year or 2-year residency period and if
20		the residency period is to be less than 2 years in length,
21		assurances from the partner school districts to provide
22		intensive mentoring and supports through at least the end of
23		the second full year of teaching for educators who completed
24		the Alternative Educator Educators Licensure Program for
25		Teachers in less than 2 years. These supports must, at a
26		minimum, provide additional contact hours with mentors during

HB4844 Engrossed - 951 - LRB103 39009 AMC 69146 b
1		the first year of residency.
2		(e) Upon completion of phases under paragraphs (1), (2),
3		(4), and, if needed, (3) in subsection (b) of this Section and
4		all assessments required under Section 21B-30 of this Code, an
5		individual shall receive a Professional Educator License.
6		(f) The State Board of Education, in consultation with the
7		State Educator Preparation and Licensure Board, may adopt such
8		rules as may be necessary to establish and implement the
9		Alternative Educator Licensure Program for Teachers.
10		(Source: P.A. 103-111, eff. 6-29-23; 103-488, eff. 8-4-23;
11		revised 9-1-23.)
12		(105 ILCS 5/21B-70)
13		Sec. 21B-70. Illinois Teaching Excellence Program.
14		(a) As used in this Section:
15		"Diverse candidate" means a candidate who identifies with
16		any of the ethnicities reported on the Illinois Report Card
17		other than White.
18		"Hard-to-staff school" means a public school in which no
19		less than 30% of the student enrollment is considered
20		low-income as reported by the report card under Section 10-17a
21		of this Code.
22		"National Board certified teacher candidate cohort
23		facilitator" means a National Board certified teacher who
24		collaborates to advance the goal of supporting all other
25		candidate cohorts other than diverse candidate cohorts through

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1		the Illinois National Board for Professional Teaching
2		Standards Comprehensive Support System.
3		"National Board certified teacher diverse candidate cohort
4		facilitator" means a National Board certified teacher who
5		collaborates to advance the goal of supporting racially and
6		ethnically diverse candidates through the Illinois National
7		Board for Professional Teaching Standards Comprehensive
8		Support System.
9		"National Board certified teacher diverse liaison" means
10		an individual or entity that supports the National Board
11		certified teacher leading a diverse candidate cohort.
12		"National Board certified teacher liaison" means an
13		individual or entity that supports the National Board
14		certified teacher leading candidate cohorts other than diverse
15		candidate cohorts.
16		"National Board certified teacher rural or remote or
17		distant candidate cohort facilitator" means a National Board
18		certified teacher who collaborates to advance the goal of
19		supporting rural or remote candidates through the Illinois
20		National Board for Professional Teaching Standards
21		Comprehensive Support System.
22		"National Board certified teacher rural or remote or
23		distant liaison" means an individual or entity that supports
24		the National Board certified teacher leading a rural or remote
25		candidate cohort.
26		"Qualified educator" means a teacher or school counselor

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1		currently employed in a school district who is in the process
2		of obtaining certification through the National Board for
3		Professional Teaching Standards or who has completed
4		certification and holds a current Professional Educator
5		License with a National Board for Professional Teaching
6		Standards designation or a retired teacher or school counselor
7		who holds a Professional Educator License with a National
8		Board for Professional Teaching Standards designation.
9		"Rural or remote" or "rural or remote or distant" means
10		local codes 32, 33, 41, 42, and 43 of the New Urban-Centric
11		Locale Codes, as defined by the National Center for Education
12		Statistics.
13		"Tier 1" has the meaning given to that term under Section
14		18-8.15.
15		"Tier 2" has the meaning given to that term under Section
16		18-8.15.
17		(b) Any funds appropriated for the Illinois Teaching
18		Excellence Program must be used to provide monetary assistance
19		and incentives for qualified educators who are employed by or
20		retired from school districts and who have or are in the
21		process of obtaining licensure through the National Board for
22		Professional Teaching Standards. The goal of the program is to
23		improve instruction and student performance.
24		The State Board of Education shall allocate an amount as
25		annually appropriated by the General Assembly for the Illinois
26		Teaching Excellence Program for (i) application or re-take

HB4844 Engrossed - 954 - LRB103 39009 AMC 69146 b
1		fees for each qualified educator seeking to complete
2		certification through the National Board for Professional
3		Teaching Standards, to be paid directly to the National Board
4		for Professional Teaching Standards, and (ii) incentives under
5		paragraphs (1), (2), and (3) of subsection (c) for each
6		qualified educator, to be distributed to the respective school
7		district, and incentives under paragraph (5) of subsection
8		(c), to be distributed to the respective school district or
9		directly to the qualified educator. The school district shall
10		distribute this payment to each eligible teacher or school
11		counselor as a single payment.
12		The State Board of Education's annual budget must set out
13		by separate line item the appropriation for the program.
14		Unless otherwise provided by appropriation, qualified
15		educators are eligible for monetary assistance and incentives
16		outlined in subsections (c) and (d) of this Section.
17		(c) When there are adequate funds available, monetary
18		assistance and incentives shall include the following:
19		(1) A maximum of $2,000 toward towards the application
20		or re-take fee for teachers or school counselors in a Tier
21		1 school district who apply on a first-come, first-serve
22		basis for National Board certification.
23		(2) A maximum of $2,000 toward towards the application
24		or re-take fee for teachers or school counselors in a
25		school district other than a Tier 1 school district who
26		apply on a first-come, first-serve basis for National

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1		Board certification.
2		(3) A maximum of $1,000 toward towards the National
3		Board for Professional Teaching Standards' renewal
4		application fee.
5		(4) (Blank).
6		(5) An annual incentive of no more than $2,250
7		prorated at $50 per hour, which shall be paid to each
8		qualified educator currently employed in a school district
9		who holds both a National Board for Professional Teaching
10		Standards designation and a current corresponding
11		certificate issued by the National Board for Professional
12		Teaching Standards and who agrees, in writing, to provide
13		up to 45 hours of mentoring or National Board for
14		Professional Teaching Standards professional development
15		or both during the school year to classroom teachers or
16		school counselors, as applicable. Funds must be disbursed
17		on a first-come, first-serve basis, with priority given to
18		Tier 1 school districts. Mentoring shall include, either
19		singly or in combination, the following:
20		(A) National Board for Professional Teaching
21		Standards certification candidates.
22		(B) National Board for Professional Teaching
23		Standards re-take candidates.
24		(C) National Board for Professional Teaching
25		Standards renewal candidates.
26		(D) (Blank).

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1		Funds may also be used for professional development
2		training provided by the National Board Resource Center.
3		Funds may also be used for instructional leadership
4		training for qualified educators interested in supporting
5		implementation of the Illinois Learning Standards or teaching
6		and learning priorities of the State Board of Education or
7		both.
8		(d) In addition to the monetary assistance and incentives
9		provided under subsection (c), if adequate funds are
10		available, incentives shall include the following incentives
11		for the program in rural or remote schools or school districts
12		or for programs working with diverse candidates or for
13		retention bonuses for hard-to-staff hard to staff schools, to
14		be distributed to the respective school district or directly
15		to the qualified educator or entity:
16		(1) A one-time incentive of $3,000 payable to National
17		Board certified teachers teaching in Tier 1 or Tier 2
18		rural or remote school districts or rural or remote
19		schools in Tier 1 or Tier 2 school districts, with
20		priority given to teachers teaching in Tier 1 rural or
21		remote school districts or rural or remote schools in Tier
22		1 school districts.
23		(2) An annual incentive of $3,200 for National Board
24		certified teacher rural or remote or distant candidate
25		cohort facilitators, diverse candidate cohort
26		facilitators, and candidate cohort facilitators. Priority

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1		shall be given to rural or remote candidate cohort
2		facilitators and diverse candidate cohort facilitators.
3		(3) An annual incentive of $2,500 for National Board
4		certified teacher rural or remote or distant liaisons,
5		diverse liaisons, and liaisons. Priority shall be given to
6		rural or remote liaisons and diverse liaisons.
7		(4) An annual retention bonus of $4,000 per year for 2
8		consecutive years shall be awarded to National Board
9		certified teachers employed in hard-to-staff schools.
10		Funds must be disbursed on a first-come, first-served
11		basis.
12		(Source: P.A. 103-122, eff. 6-30-23; 103-207, eff. 1-1-24;
13		revised 12-12-23.)
14		(105 ILCS 5/22-30)
15		(Text of Section before amendment by P.A. 103-542)
16		Sec. 22-30. Self-administration and self-carry of asthma
17		medication and epinephrine injectors; administration of
18		undesignated epinephrine injectors; administration of an
19		opioid antagonist; administration of undesignated asthma
20		medication; supply of undesignated oxygen tanks; asthma
21		episode emergency response protocol.
22		(a) For the purpose of this Section only, the following
23		terms shall have the meanings set forth below:
24		"Asthma action plan" means a written plan developed with a
25		pupil's medical provider to help control the pupil's asthma.

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1		The goal of an asthma action plan is to reduce or prevent
2		flare-ups and emergency department visits through day-to-day
3		management and to serve as a student-specific document to be
4		referenced in the event of an asthma episode.
5		"Asthma episode emergency response protocol" means a
6		procedure to provide assistance to a pupil experiencing
7		symptoms of wheezing, coughing, shortness of breath, chest
8		tightness, or breathing difficulty.
9		"Epinephrine injector" includes an auto-injector approved
10		by the United States Food and Drug Administration for the
11		administration of epinephrine and a pre-filled syringe
12		approved by the United States Food and Drug Administration and
13		used for the administration of epinephrine that contains a
14		pre-measured dose of epinephrine that is equivalent to the
15		dosages used in an auto-injector.
16		"Asthma medication" means quick-relief asthma medication,
17		including albuterol or other short-acting bronchodilators,
18		that is approved by the United States Food and Drug
19		Administration for the treatment of respiratory distress.
20		"Asthma medication" includes medication delivered through a
21		device, including a metered dose inhaler with a reusable or
22		disposable spacer or a nebulizer with a mouthpiece or mask.
23		"Opioid antagonist" means a drug that binds to opioid
24		receptors and blocks or inhibits the effect of opioids acting
25		on those receptors, including, but not limited to, naloxone
26		hydrochloride or any other similarly acting drug approved by

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1		the U.S. Food and Drug Administration.
2		"Respiratory distress" means the perceived or actual
3		presence of wheezing, coughing, shortness of breath, chest
4		tightness, breathing difficulty, or any other symptoms
5		consistent with asthma. Respiratory distress may be
6		categorized as "mild-to-moderate" or "severe".
7		"School nurse" means a registered nurse working in a
8		school with or without licensure endorsed in school nursing.
9		"Self-administration" means a pupil's discretionary use of
10		his or her prescribed asthma medication or epinephrine
11		injector.
12		"Self-carry" means a pupil's ability to carry his or her
13		prescribed asthma medication or epinephrine injector.
14		"Standing protocol" may be issued by (i) a physician
15		licensed to practice medicine in all its branches, (ii) a
16		licensed physician assistant with prescriptive authority, or
17		(iii) a licensed advanced practice registered nurse with
18		prescriptive authority.
19		"Trained personnel" means any school employee or volunteer
20		personnel authorized in Sections 10-22.34, 10-22.34a, and
21		10-22.34b of this Code who has completed training under
22		subsection (g) of this Section to recognize and respond to
23		anaphylaxis, an opioid overdose, or respiratory distress.
24		"Undesignated asthma medication" means asthma medication
25		prescribed in the name of a school district, public school,
26		charter school, or nonpublic school.

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1		"Undesignated epinephrine injector" means an epinephrine
2		injector prescribed in the name of a school district, public
3		school, charter school, or nonpublic school.
4		(b) A school, whether public, charter, or nonpublic, must
5		permit the self-administration and self-carry of asthma
6		medication by a pupil with asthma or the self-administration
7		and self-carry of an epinephrine injector by a pupil, provided
8		that:
9		(1) the parents or guardians of the pupil provide to
10		the school (i) written authorization from the parents or
11		guardians for (A) the self-administration and self-carry
12		of asthma medication or (B) the self-carry of asthma
13		medication or (ii) for (A) the self-administration and
14		self-carry of an epinephrine injector or (B) the
15		self-carry of an epinephrine injector, written
16		authorization from the pupil's physician, physician
17		assistant, or advanced practice registered nurse; and
18		(2) the parents or guardians of the pupil provide to
19		the school (i) the prescription label, which must contain
20		the name of the asthma medication, the prescribed dosage,
21		and the time at which or circumstances under which the
22		asthma medication is to be administered, or (ii) for the
23		self-administration or self-carry of an epinephrine
24		injector, a written statement from the pupil's physician,
25		physician assistant, or advanced practice registered nurse
26		containing the following information:

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1		(A) the name and purpose of the epinephrine
2		injector;
3		(B) the prescribed dosage; and
4		(C) the time or times at which or the special
5		circumstances under which the epinephrine injector is
6		to be administered.
7		The information provided shall be kept on file in the office of
8		the school nurse or, in the absence of a school nurse, the
9		school's administrator.
10		(b-5) A school district, public school, charter school, or
11		nonpublic school may authorize the provision of a
12		student-specific or undesignated epinephrine injector to a
13		student or any personnel authorized under a student's
14		Individual Health Care Action Plan, allergy emergency action
15		plan, or plan pursuant to Section 504 of the federal
16		Rehabilitation Act of 1973 to administer an epinephrine
17		injector to the student, that meets the student's prescription
18		on file.
19		(b-10) The school district, public school, charter school,
20		or nonpublic school may authorize a school nurse or trained
21		personnel to do the following: (i) provide an undesignated
22		epinephrine injector to a student for self-administration only
23		or any personnel authorized under a student's Individual
24		Health Care Action Plan, allergy emergency action plan, plan
25		pursuant to Section 504 of the federal Rehabilitation Act of
26		1973, or individualized education program plan to administer

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1		to the student that meets the student's prescription on file;
2		(ii) administer an undesignated epinephrine injector that
3		meets the prescription on file to any student who has an
4		Individual Health Care Action Plan, allergy emergency action
5		plan, plan pursuant to Section 504 of the federal
6		Rehabilitation Act of 1973, or individualized education
7		program plan that authorizes the use of an epinephrine
8		injector; (iii) administer an undesignated epinephrine
9		injector to any person that the school nurse or trained
10		personnel in good faith believes is having an anaphylactic
11		reaction; (iv) administer an opioid antagonist to any person
12		that the school nurse or trained personnel in good faith
13		believes is having an opioid overdose; (v) provide
14		undesignated asthma medication to a student for
15		self-administration only or to any personnel authorized under
16		a student's Individual Health Care Action Plan or asthma
17		action plan, plan pursuant to Section 504 of the federal
18		Rehabilitation Act of 1973, or individualized education
19		program plan to administer to the student that meets the
20		student's prescription on file; (vi) administer undesignated
21		asthma medication that meets the prescription on file to any
22		student who has an Individual Health Care Action Plan or
23		asthma action plan, plan pursuant to Section 504 of the
24		federal Rehabilitation Act of 1973, or individualized
25		education program plan that authorizes the use of asthma
26		medication; and (vii) administer undesignated asthma

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1		medication to any person that the school nurse or trained
2		personnel believes in good faith is having respiratory
3		distress.
4		(c) The school district, public school, charter school, or
5		nonpublic school must inform the parents or guardians of the
6		pupil, in writing, that the school district, public school,
7		charter school, or nonpublic school and its employees and
8		agents, including a physician, physician assistant, or
9		advanced practice registered nurse providing standing protocol
10		and a prescription for school epinephrine injectors, an opioid
11		antagonist, or undesignated asthma medication, are to incur no
12		liability or professional discipline, except for willful and
13		wanton conduct, as a result of any injury arising from the
14		administration of asthma medication, an epinephrine injector,
15		or an opioid antagonist regardless of whether authorization
16		was given by the pupil's parents or guardians or by the pupil's
17		physician, physician assistant, or advanced practice
18		registered nurse. The parents or guardians of the pupil must
19		sign a statement acknowledging that the school district,
20		public school, charter school, or nonpublic school and its
21		employees and agents are to incur no liability, except for
22		willful and wanton conduct, as a result of any injury arising
23		from the administration of asthma medication, an epinephrine
24		injector, or an opioid antagonist regardless of whether
25		authorization was given by the pupil's parents or guardians or
26		by the pupil's physician, physician assistant, or advanced

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1		practice registered nurse and that the parents or guardians
2		must indemnify and hold harmless the school district, public
3		school, charter school, or nonpublic school and its employees
4		and agents against any claims, except a claim based on willful
5		and wanton conduct, arising out of the administration of
6		asthma medication, an epinephrine injector, or an opioid
7		antagonist regardless of whether authorization was given by
8		the pupil's parents or guardians or by the pupil's physician,
9		physician assistant, or advanced practice registered nurse.
10		(c-5) When a school nurse or trained personnel administers
11		an undesignated epinephrine injector to a person whom the
12		school nurse or trained personnel in good faith believes is
13		having an anaphylactic reaction, administers an opioid
14		antagonist to a person whom the school nurse or trained
15		personnel in good faith believes is having an opioid overdose,
16		or administers undesignated asthma medication to a person whom
17		the school nurse or trained personnel in good faith believes
18		is having respiratory distress, notwithstanding the lack of
19		notice to the parents or guardians of the pupil or the absence
20		of the parents or guardians signed statement acknowledging no
21		liability, except for willful and wanton conduct, the school
22		district, public school, charter school, or nonpublic school
23		and its employees and agents, and a physician, a physician
24		assistant, or an advanced practice registered nurse providing
25		standing protocol and a prescription for undesignated
26		epinephrine injectors, an opioid antagonist, or undesignated

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1		asthma medication, are to incur no liability or professional
2		discipline, except for willful and wanton conduct, as a result
3		of any injury arising from the use of an undesignated
4		epinephrine injector, the use of an opioid antagonist, or the
5		use of undesignated asthma medication, regardless of whether
6		authorization was given by the pupil's parents or guardians or
7		by the pupil's physician, physician assistant, or advanced
8		practice registered nurse.
9		(d) The permission for self-administration and self-carry
10		of asthma medication or the self-administration and self-carry
11		of an epinephrine injector is effective for the school year
12		for which it is granted and shall be renewed each subsequent
13		school year upon fulfillment of the requirements of this
14		Section.
15		(e) Provided that the requirements of this Section are
16		fulfilled, a pupil with asthma may self-administer and
17		self-carry his or her asthma medication or a pupil may
18		self-administer and self-carry an epinephrine injector (i)
19		while in school, (ii) while at a school-sponsored activity,
20		(iii) while under the supervision of school personnel, or (iv)
21		before or after normal school activities, such as while in
22		before-school or after-school care on school-operated property
23		or while being transported on a school bus.
24		(e-5) Provided that the requirements of this Section are
25		fulfilled, a school nurse or trained personnel may administer
26		an undesignated epinephrine injector to any person whom the

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1		school nurse or trained personnel in good faith believes to be
2		having an anaphylactic reaction (i) while in school, (ii)
3		while at a school-sponsored activity, (iii) while under the
4		supervision of school personnel, or (iv) before or after
5		normal school activities, such as while in before-school or
6		after-school care on school-operated property or while being
7		transported on a school bus. A school nurse or trained
8		personnel may carry undesignated epinephrine injectors on his
9		or her person while in school or at a school-sponsored
10		activity.
11		(e-10) Provided that the requirements of this Section are
12		fulfilled, a school nurse or trained personnel may administer
13		an opioid antagonist to any person whom the school nurse or
14		trained personnel in good faith believes to be having an
15		opioid overdose (i) while in school, (ii) while at a
16		school-sponsored activity, (iii) while under the supervision
17		of school personnel, or (iv) before or after normal school
18		activities, such as while in before-school or after-school
19		care on school-operated property. A school nurse or trained
20		personnel may carry an opioid antagonist on his or her person
21		while in school or at a school-sponsored activity.
22		(e-15) If the requirements of this Section are met, a
23		school nurse or trained personnel may administer undesignated
24		asthma medication to any person whom the school nurse or
25		trained personnel in good faith believes to be experiencing
26		respiratory distress (i) while in school, (ii) while at a

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1		school-sponsored activity, (iii) while under the supervision
2		of school personnel, or (iv) before or after normal school
3		activities, including before-school or after-school care on
4		school-operated property. A school nurse or trained personnel
5		may carry undesignated asthma medication on his or her person
6		while in school or at a school-sponsored activity.
7		(f) The school district, public school, charter school, or
8		nonpublic school may maintain a supply of undesignated
9		epinephrine injectors in any secure location that is
10		accessible before, during, and after school where an allergic
11		person is most at risk, including, but not limited to,
12		classrooms and lunchrooms. A physician, a physician assistant
13		who has prescriptive authority in accordance with Section 7.5
14		of the Physician Assistant Practice Act of 1987, or an
15		advanced practice registered nurse who has prescriptive
16		authority in accordance with Section 65-40 of the Nurse
17		Practice Act may prescribe undesignated epinephrine injectors
18		in the name of the school district, public school, charter
19		school, or nonpublic school to be maintained for use when
20		necessary. Any supply of epinephrine injectors shall be
21		maintained in accordance with the manufacturer's instructions.
22		The school district, public school, charter school, or
23		nonpublic school shall maintain a supply of an opioid
24		antagonist in any secure location where an individual may have
25		an opioid overdose, unless there is a shortage of opioid
26		antagonists, in which case the school district, public school,

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1		charter school, or nonpublic school shall make a reasonable
2		effort to maintain a supply of an opioid antagonist. Unless
3		the school district, public school, charter school, or
4		nonpublic school is able to obtain opioid antagonists without
5		a prescription, a health care professional who has been
6		delegated prescriptive authority for opioid antagonists in
7		accordance with Section 5-23 of the Substance Use Disorder Act
8		shall prescribe opioid antagonists in the name of the school
9		district, public school, charter school, or nonpublic school,
10		to be maintained for use when necessary. Any supply of opioid
11		antagonists shall be maintained in accordance with the
12		manufacturer's instructions.
13		The school district, public school, charter school, or
14		nonpublic school may maintain a supply of asthma medication in
15		any secure location that is accessible before, during, or
16		after school where a person is most at risk, including, but not
17		limited to, a classroom or the nurse's office. A physician, a
18		physician assistant who has prescriptive authority under
19		Section 7.5 of the Physician Assistant Practice Act of 1987,
20		or an advanced practice registered nurse who has prescriptive
21		authority under Section 65-40 of the Nurse Practice Act may
22		prescribe undesignated asthma medication in the name of the
23		school district, public school, charter school, or nonpublic
24		school to be maintained for use when necessary. Any supply of
25		undesignated asthma medication must be maintained in
26		accordance with the manufacturer's instructions.

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1		A school district that provides special educational
2		facilities for children with disabilities under Section
3		14-4.01 of this Code may maintain a supply of undesignated
4		oxygen tanks in any secure location that is accessible before,
5		during, and after school where a person with developmental
6		disabilities is most at risk, including, but not limited to,
7		classrooms and lunchrooms. A physician, a physician assistant
8		who has prescriptive authority in accordance with Section 7.5
9		of the Physician Assistant Practice Act of 1987, or an
10		advanced practice registered nurse who has prescriptive
11		authority in accordance with Section 65-40 of the Nurse
12		Practice Act may prescribe undesignated oxygen tanks in the
13		name of the school district that provides special educational
14		facilities for children with disabilities under Section
15		14-4.01 of this Code to be maintained for use when necessary.
16		Any supply of oxygen tanks shall be maintained in accordance
17		with the manufacturer's instructions and with the local fire
18		department's rules.
19		(f-3) Whichever entity initiates the process of obtaining
20		undesignated epinephrine injectors and providing training to
21		personnel for carrying and administering undesignated
22		epinephrine injectors shall pay for the costs of the
23		undesignated epinephrine injectors.
24		(f-5) Upon any administration of an epinephrine injector,
25		a school district, public school, charter school, or nonpublic
26		school must immediately activate the EMS system and notify the

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1		student's parent, guardian, or emergency contact, if known.
2		Upon any administration of an opioid antagonist, a school
3		district, public school, charter school, or nonpublic school
4		must immediately activate the EMS system and notify the
5		student's parent, guardian, or emergency contact, if known.
6		(f-10) Within 24 hours of the administration of an
7		undesignated epinephrine injector, a school district, public
8		school, charter school, or nonpublic school must notify the
9		physician, physician assistant, or advanced practice
10		registered nurse who provided the standing protocol and a
11		prescription for the undesignated epinephrine injector of its
12		use.
13		Within 24 hours after the administration of an opioid
14		antagonist, a school district, public school, charter school,
15		or nonpublic school must notify the health care professional
16		who provided the prescription for the opioid antagonist of its
17		use.
18		Within 24 hours after the administration of undesignated
19		asthma medication, a school district, public school, charter
20		school, or nonpublic school must notify the student's parent
21		or guardian or emergency contact, if known, and the physician,
22		physician assistant, or advanced practice registered nurse who
23		provided the standing protocol and a prescription for the
24		undesignated asthma medication of its use. The district or
25		school must follow up with the school nurse, if available, and
26		may, with the consent of the child's parent or guardian,

HB4844 Engrossed - 971 - LRB103 39009 AMC 69146 b
1		notify the child's health care provider of record, as
2		determined under this Section, of its use.
3		(g) Prior to the administration of an undesignated
4		epinephrine injector, trained personnel must submit to the
5		school's administration proof of completion of a training
6		curriculum to recognize and respond to anaphylaxis that meets
7		the requirements of subsection (h) of this Section. Training
8		must be completed annually. The school district, public
9		school, charter school, or nonpublic school must maintain
10		records related to the training curriculum and trained
11		personnel.
12		Prior to the administration of an opioid antagonist,
13		trained personnel must submit to the school's administration
14		proof of completion of a training curriculum to recognize and
15		respond to an opioid overdose, which curriculum must meet the
16		requirements of subsection (h-5) of this Section. The school
17		district, public school, charter school, or nonpublic school
18		must maintain records relating to the training curriculum and
19		the trained personnel.
20		Prior to the administration of undesignated asthma
21		medication, trained personnel must submit to the school's
22		administration proof of completion of a training curriculum to
23		recognize and respond to respiratory distress, which must meet
24		the requirements of subsection (h-10) of this Section.
25		Training must be completed annually, and the school district,
26		public school, charter school, or nonpublic school must

HB4844 Engrossed - 972 - LRB103 39009 AMC 69146 b
1		maintain records relating to the training curriculum and the
2		trained personnel.
3		(h) A training curriculum to recognize and respond to
4		anaphylaxis, including the administration of an undesignated
5		epinephrine injector, may be conducted online or in person.
6		Training shall include, but is not limited to:
7		(1) how to recognize signs and symptoms of an allergic
8		reaction, including anaphylaxis;
9		(2) how to administer an epinephrine injector; and
10		(3) a test demonstrating competency of the knowledge
11		required to recognize anaphylaxis and administer an
12		epinephrine injector.
13		Training may also include, but is not limited to:
14		(A) a review of high-risk areas within a school and
15		its related facilities;
16		(B) steps to take to prevent exposure to allergens;
17		(C) emergency follow-up procedures, including the
18		importance of calling 9-1-1 or, if 9-1-1 is not available,
19		other local emergency medical services;
20		(D) how to respond to a student with a known allergy,
21		as well as a student with a previously unknown allergy;
22		(E) other criteria as determined in rules adopted
23		pursuant to this Section; and
24		(F) any policy developed by the State Board of
25		Education under Section 2-3.190.
26		In consultation with statewide professional organizations

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1		representing physicians licensed to practice medicine in all
2		of its branches, registered nurses, and school nurses, the
3		State Board of Education shall make available resource
4		materials consistent with criteria in this subsection (h) for
5		educating trained personnel to recognize and respond to
6		anaphylaxis. The State Board may take into consideration the
7		curriculum on this subject developed by other states, as well
8		as any other curricular materials suggested by medical experts
9		and other groups that work on life-threatening allergy issues.
10		The State Board is not required to create new resource
11		materials. The State Board shall make these resource materials
12		available on its Internet website.
13		(h-5) A training curriculum to recognize and respond to an
14		opioid overdose, including the administration of an opioid
15		antagonist, may be conducted online or in person. The training
16		must comply with any training requirements under Section 5-23
17		of the Substance Use Disorder Act and the corresponding rules.
18		It must include, but is not limited to:
19		(1) how to recognize symptoms of an opioid overdose;
20		(2) information on drug overdose prevention and
21		recognition;
22		(3) how to perform rescue breathing and resuscitation;
23		(4) how to respond to an emergency involving an opioid
24		overdose;
25		(5) opioid antagonist dosage and administration;
26		(6) the importance of calling 9-1-1 or, if 9-1-1 is

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1		not available, other local emergency medical services;
2		(7) care for the overdose victim after administration
3		of the overdose antagonist;
4		(8) a test demonstrating competency of the knowledge
5		required to recognize an opioid overdose and administer a
6		dose of an opioid antagonist; and
7		(9) other criteria as determined in rules adopted
8		pursuant to this Section.
9		(h-10) A training curriculum to recognize and respond to
10		respiratory distress, including the administration of
11		undesignated asthma medication, may be conducted online or in
12		person. The training must include, but is not limited to:
13		(1) how to recognize symptoms of respiratory distress
14		and how to distinguish respiratory distress from
15		anaphylaxis;
16		(2) how to respond to an emergency involving
17		respiratory distress;
18		(3) asthma medication dosage and administration;
19		(4) the importance of calling 9-1-1 or, if 9-1-1 is
20		not available, other local emergency medical services;
21		(5) a test demonstrating competency of the knowledge
22		required to recognize respiratory distress and administer
23		asthma medication; and
24		(6) other criteria as determined in rules adopted
25		under this Section.
26		(i) Within 3 days after the administration of an

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1		undesignated epinephrine injector by a school nurse, trained
2		personnel, or a student at a school or school-sponsored
3		activity, the school must report to the State Board of
4		Education in a form and manner prescribed by the State Board
5		the following information:
6		(1) age and type of person receiving epinephrine
7		(student, staff, visitor);
8		(2) any previously known diagnosis of a severe
9		allergy;
10		(3) trigger that precipitated allergic episode;
11		(4) location where symptoms developed;
12		(5) number of doses administered;
13		(6) type of person administering epinephrine (school
14		nurse, trained personnel, student); and
15		(7) any other information required by the State Board.
16		If a school district, public school, charter school, or
17		nonpublic school maintains or has an independent contractor
18		providing transportation to students who maintains a supply of
19		undesignated epinephrine injectors, then the school district,
20		public school, charter school, or nonpublic school must report
21		that information to the State Board of Education upon adoption
22		or change of the policy of the school district, public school,
23		charter school, nonpublic school, or independent contractor,
24		in a manner as prescribed by the State Board. The report must
25		include the number of undesignated epinephrine injectors in
26		supply.

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1		(i-5) Within 3 days after the administration of an opioid
2		antagonist by a school nurse or trained personnel, the school
3		must report to the State Board of Education, in a form and
4		manner prescribed by the State Board, the following
5		information:
6		(1) the age and type of person receiving the opioid
7		antagonist (student, staff, or visitor);
8		(2) the location where symptoms developed;
9		(3) the type of person administering the opioid
10		antagonist (school nurse or trained personnel); and
11		(4) any other information required by the State Board.
12		(i-10) Within 3 days after the administration of
13		undesignated asthma medication by a school nurse, trained
14		personnel, or a student at a school or school-sponsored
15		activity, the school must report to the State Board of
16		Education, on a form and in a manner prescribed by the State
17		Board of Education, the following information:
18		(1) the age and type of person receiving the asthma
19		medication (student, staff, or visitor);
20		(2) any previously known diagnosis of asthma for the
21		person;
22		(3) the trigger that precipitated respiratory
23		distress, if identifiable;
24		(4) the location of where the symptoms developed;
25		(5) the number of doses administered;
26		(6) the type of person administering the asthma

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1		medication (school nurse, trained personnel, or student);
2		(7) the outcome of the asthma medication
3		administration; and
4		(8) any other information required by the State Board.
5		(j) By October 1, 2015 and every year thereafter, the
6		State Board of Education shall submit a report to the General
7		Assembly identifying the frequency and circumstances of
8		undesignated epinephrine and undesignated asthma medication
9		administration during the preceding academic year. Beginning
10		with the 2017 report, the report shall also contain
11		information on which school districts, public schools, charter
12		schools, and nonpublic schools maintain or have independent
13		contractors providing transportation to students who maintain
14		a supply of undesignated epinephrine injectors. This report
15		shall be published on the State Board's Internet website on
16		the date the report is delivered to the General Assembly.
17		(j-5) Annually, each school district, public school,
18		charter school, or nonpublic school shall request an asthma
19		action plan from the parents or guardians of a pupil with
20		asthma. If provided, the asthma action plan must be kept on
21		file in the office of the school nurse or, in the absence of a
22		school nurse, the school administrator. Copies of the asthma
23		action plan may be distributed to appropriate school staff who
24		interact with the pupil on a regular basis, and, if
25		applicable, may be attached to the pupil's federal Section 504
26		plan or individualized education program plan.

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1		(j-10) To assist schools with emergency response
2		procedures for asthma, the State Board of Education, in
3		consultation with statewide professional organizations with
4		expertise in asthma management and a statewide organization
5		representing school administrators, shall develop a model
6		asthma episode emergency response protocol before September 1,
7		2016. Each school district, charter school, and nonpublic
8		school shall adopt an asthma episode emergency response
9		protocol before January 1, 2017 that includes all of the
10		components of the State Board's model protocol.
11		(j-15) Every 2 years, school personnel who work with
12		pupils shall complete an in-person or online training program
13		on the management of asthma, the prevention of asthma
14		symptoms, and emergency response in the school setting. In
15		consultation with statewide professional organizations with
16		expertise in asthma management, the State Board of Education
17		shall make available resource materials for educating school
18		personnel about asthma and emergency response in the school
19		setting.
20		(j-20) On or before October 1, 2016 and every year
21		thereafter, the State Board of Education shall submit a report
22		to the General Assembly and the Department of Public Health
23		identifying the frequency and circumstances of opioid
24		antagonist administration during the preceding academic year.
25		This report shall be published on the State Board's Internet
26		website on the date the report is delivered to the General

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1		Assembly.
2		(k) The State Board of Education may adopt rules necessary
3		to implement this Section.
4		(l) Nothing in this Section shall limit the amount of
5		epinephrine injectors that any type of school or student may
6		carry or maintain a supply of.
7		(Source: P.A. 102-413, eff. 8-20-21; 102-813, eff. 5-13-22;
8		103-175, eff. 6-30-23; 103-196, eff. 1-1-24; 103-348, eff.
9		1-1-24; revised 11-27-23.)
10		(Text of Section after amendment by P.A. 103-542)
11		Sec. 22-30. Self-administration and self-carry of asthma
12		medication and epinephrine injectors; administration of
13		undesignated epinephrine injectors; administration of an
14		opioid antagonist; administration of undesignated asthma
15		medication; supply of undesignated oxygen tanks; asthma
16		episode emergency response protocol.
17		(a) For the purpose of this Section only, the following
18		terms shall have the meanings set forth below:
19		"Asthma action plan" means a written plan developed with a
20		pupil's medical provider to help control the pupil's asthma.
21		The goal of an asthma action plan is to reduce or prevent
22		flare-ups and emergency department visits through day-to-day
23		management and to serve as a student-specific document to be
24		referenced in the event of an asthma episode.
25		"Asthma episode emergency response protocol" means a

HB4844 Engrossed - 980 - LRB103 39009 AMC 69146 b
1		procedure to provide assistance to a pupil experiencing
2		symptoms of wheezing, coughing, shortness of breath, chest
3		tightness, or breathing difficulty.
4		"Epinephrine injector" includes an auto-injector approved
5		by the United States Food and Drug Administration for the
6		administration of epinephrine and a pre-filled syringe
7		approved by the United States Food and Drug Administration and
8		used for the administration of epinephrine that contains a
9		pre-measured dose of epinephrine that is equivalent to the
10		dosages used in an auto-injector.
11		"Asthma medication" means quick-relief asthma medication,
12		including albuterol or other short-acting bronchodilators,
13		that is approved by the United States Food and Drug
14		Administration for the treatment of respiratory distress.
15		"Asthma medication" includes medication delivered through a
16		device, including a metered dose inhaler with a reusable or
17		disposable spacer or a nebulizer with a mouthpiece or mask.
18		"Opioid antagonist" means a drug that binds to opioid
19		receptors and blocks or inhibits the effect of opioids acting
20		on those receptors, including, but not limited to, naloxone
21		hydrochloride or any other similarly acting drug approved by
22		the U.S. Food and Drug Administration.
23		"Respiratory distress" means the perceived or actual
24		presence of wheezing, coughing, shortness of breath, chest
25		tightness, breathing difficulty, or any other symptoms
26		consistent with asthma. Respiratory distress may be

HB4844 Engrossed - 981 - LRB103 39009 AMC 69146 b
1		categorized as "mild-to-moderate" or "severe".
2		"School nurse" means a registered nurse working in a
3		school with or without licensure endorsed in school nursing.
4		"Self-administration" means a pupil's discretionary use of
5		his or her prescribed asthma medication or epinephrine
6		injector.
7		"Self-carry" means a pupil's ability to carry his or her
8		prescribed asthma medication or epinephrine injector.
9		"Standing protocol" may be issued by (i) a physician
10		licensed to practice medicine in all its branches, (ii) a
11		licensed physician assistant with prescriptive authority, or
12		(iii) a licensed advanced practice registered nurse with
13		prescriptive authority.
14		"Trained personnel" means any school employee or volunteer
15		personnel authorized in Sections 10-22.34, 10-22.34a, and
16		10-22.34b of this Code who has completed training under
17		subsection (g) of this Section to recognize and respond to
18		anaphylaxis, an opioid overdose, or respiratory distress.
19		"Undesignated asthma medication" means asthma medication
20		prescribed in the name of a school district, public school,
21		charter school, or nonpublic school.
22		"Undesignated epinephrine injector" means an epinephrine
23		injector prescribed in the name of a school district, public
24		school, charter school, or nonpublic school.
25		(b) A school, whether public, charter, or nonpublic, must
26		permit the self-administration and self-carry of asthma

HB4844 Engrossed - 982 - LRB103 39009 AMC 69146 b
1		medication by a pupil with asthma or the self-administration
2		and self-carry of an epinephrine injector by a pupil, provided
3		that:
4		(1) the parents or guardians of the pupil provide to
5		the school (i) written authorization from the parents or
6		guardians for (A) the self-administration and self-carry
7		of asthma medication or (B) the self-carry of asthma
8		medication or (ii) for (A) the self-administration and
9		self-carry of an epinephrine injector or (B) the
10		self-carry of an epinephrine injector, written
11		authorization from the pupil's physician, physician
12		assistant, or advanced practice registered nurse; and
13		(2) the parents or guardians of the pupil provide to
14		the school (i) the prescription label, which must contain
15		the name of the asthma medication, the prescribed dosage,
16		and the time at which or circumstances under which the
17		asthma medication is to be administered, or (ii) for the
18		self-administration or self-carry of an epinephrine
19		injector, a written statement from the pupil's physician,
20		physician assistant, or advanced practice registered nurse
21		containing the following information:
22		(A) the name and purpose of the epinephrine
23		injector;
24		(B) the prescribed dosage; and
25		(C) the time or times at which or the special
26		circumstances under which the epinephrine injector is

HB4844 Engrossed - 983 - LRB103 39009 AMC 69146 b
1		to be administered.
2		The information provided shall be kept on file in the office of
3		the school nurse or, in the absence of a school nurse, the
4		school's administrator.
5		(b-5) A school district, public school, charter school, or
6		nonpublic school may authorize the provision of a
7		student-specific or undesignated epinephrine injector to a
8		student or any personnel authorized under a student's
9		Individual Health Care Action Plan, allergy emergency action
10		plan, or plan pursuant to Section 504 of the federal
11		Rehabilitation Act of 1973 to administer an epinephrine
12		injector to the student, that meets the student's prescription
13		on file.
14		(b-10) The school district, public school, charter school,
15		or nonpublic school may authorize a school nurse or trained
16		personnel to do the following: (i) provide an undesignated
17		epinephrine injector to a student for self-administration only
18		or any personnel authorized under a student's Individual
19		Health Care Action Plan, allergy emergency action plan, plan
20		pursuant to Section 504 of the federal Rehabilitation Act of
21		1973, or individualized education program plan to administer
22		to the student that meets the student's prescription on file;
23		(ii) administer an undesignated epinephrine injector that
24		meets the prescription on file to any student who has an
25		Individual Health Care Action Plan, allergy emergency action
26		plan, plan pursuant to Section 504 of the federal

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1		Rehabilitation Act of 1973, or individualized education
2		program plan that authorizes the use of an epinephrine
3		injector; (iii) administer an undesignated epinephrine
4		injector to any person that the school nurse or trained
5		personnel in good faith believes is having an anaphylactic
6		reaction; (iv) administer an opioid antagonist to any person
7		that the school nurse or trained personnel in good faith
8		believes is having an opioid overdose; (v) provide
9		undesignated asthma medication to a student for
10		self-administration only or to any personnel authorized under
11		a student's Individual Health Care Action Plan or asthma
12		action plan, plan pursuant to Section 504 of the federal
13		Rehabilitation Act of 1973, or individualized education
14		program plan to administer to the student that meets the
15		student's prescription on file; (vi) administer undesignated
16		asthma medication that meets the prescription on file to any
17		student who has an Individual Health Care Action Plan or
18		asthma action plan, plan pursuant to Section 504 of the
19		federal Rehabilitation Act of 1973, or individualized
20		education program plan that authorizes the use of asthma
21		medication; and (vii) administer undesignated asthma
22		medication to any person that the school nurse or trained
23		personnel believes in good faith is having respiratory
24		distress.
25		(c) The school district, public school, charter school, or
26		nonpublic school must inform the parents or guardians of the

HB4844 Engrossed - 985 - LRB103 39009 AMC 69146 b
1		pupil, in writing, that the school district, public school,
2		charter school, or nonpublic school and its employees and
3		agents, including a physician, physician assistant, or
4		advanced practice registered nurse providing standing protocol
5		and a prescription for school epinephrine injectors, an opioid
6		antagonist, or undesignated asthma medication, are to incur no
7		liability or professional discipline, except for willful and
8		wanton conduct, as a result of any injury arising from the
9		administration of asthma medication, an epinephrine injector,
10		or an opioid antagonist regardless of whether authorization
11		was given by the pupil's parents or guardians or by the pupil's
12		physician, physician assistant, or advanced practice
13		registered nurse. The parents or guardians of the pupil must
14		sign a statement acknowledging that the school district,
15		public school, charter school, or nonpublic school and its
16		employees and agents are to incur no liability, except for
17		willful and wanton conduct, as a result of any injury arising
18		from the administration of asthma medication, an epinephrine
19		injector, or an opioid antagonist regardless of whether
20		authorization was given by the pupil's parents or guardians or
21		by the pupil's physician, physician assistant, or advanced
22		practice registered nurse and that the parents or guardians
23		must indemnify and hold harmless the school district, public
24		school, charter school, or nonpublic school and its employees
25		and agents against any claims, except a claim based on willful
26		and wanton conduct, arising out of the administration of

HB4844 Engrossed - 986 - LRB103 39009 AMC 69146 b
1		asthma medication, an epinephrine injector, or an opioid
2		antagonist regardless of whether authorization was given by
3		the pupil's parents or guardians or by the pupil's physician,
4		physician assistant, or advanced practice registered nurse.
5		(c-5) When a school nurse or trained personnel administers
6		an undesignated epinephrine injector to a person whom the
7		school nurse or trained personnel in good faith believes is
8		having an anaphylactic reaction, administers an opioid
9		antagonist to a person whom the school nurse or trained
10		personnel in good faith believes is having an opioid overdose,
11		or administers undesignated asthma medication to a person whom
12		the school nurse or trained personnel in good faith believes
13		is having respiratory distress, notwithstanding the lack of
14		notice to the parents or guardians of the pupil or the absence
15		of the parents or guardians signed statement acknowledging no
16		liability, except for willful and wanton conduct, the school
17		district, public school, charter school, or nonpublic school
18		and its employees and agents, and a physician, a physician
19		assistant, or an advanced practice registered nurse providing
20		standing protocol and a prescription for undesignated
21		epinephrine injectors, an opioid antagonist, or undesignated
22		asthma medication, are to incur no liability or professional
23		discipline, except for willful and wanton conduct, as a result
24		of any injury arising from the use of an undesignated
25		epinephrine injector, the use of an opioid antagonist, or the
26		use of undesignated asthma medication, regardless of whether

HB4844 Engrossed - 987 - LRB103 39009 AMC 69146 b
1		authorization was given by the pupil's parents or guardians or
2		by the pupil's physician, physician assistant, or advanced
3		practice registered nurse.
4		(d) The permission for self-administration and self-carry
5		of asthma medication or the self-administration and self-carry
6		of an epinephrine injector is effective for the school year
7		for which it is granted and shall be renewed each subsequent
8		school year upon fulfillment of the requirements of this
9		Section.
10		(e) Provided that the requirements of this Section are
11		fulfilled, a pupil with asthma may self-administer and
12		self-carry his or her asthma medication or a pupil may
13		self-administer and self-carry an epinephrine injector (i)
14		while in school, (ii) while at a school-sponsored activity,
15		(iii) while under the supervision of school personnel, or (iv)
16		before or after normal school activities, such as while in
17		before-school or after-school care on school-operated property
18		or while being transported on a school bus.
19		(e-5) Provided that the requirements of this Section are
20		fulfilled, a school nurse or trained personnel may administer
21		an undesignated epinephrine injector to any person whom the
22		school nurse or trained personnel in good faith believes to be
23		having an anaphylactic reaction (i) while in school, (ii)
24		while at a school-sponsored activity, (iii) while under the
25		supervision of school personnel, or (iv) before or after
26		normal school activities, such as while in before-school or

HB4844 Engrossed - 988 - LRB103 39009 AMC 69146 b
1		after-school care on school-operated property or while being
2		transported on a school bus. A school nurse or trained
3		personnel may carry undesignated epinephrine injectors on his
4		or her person while in school or at a school-sponsored
5		activity.
6		(e-10) Provided that the requirements of this Section are
7		fulfilled, a school nurse or trained personnel may administer
8		an opioid antagonist to any person whom the school nurse or
9		trained personnel in good faith believes to be having an
10		opioid overdose (i) while in school, (ii) while at a
11		school-sponsored activity, (iii) while under the supervision
12		of school personnel, or (iv) before or after normal school
13		activities, such as while in before-school or after-school
14		care on school-operated property. A school nurse or trained
15		personnel may carry an opioid antagonist on his or her person
16		while in school or at a school-sponsored activity.
17		(e-15) If the requirements of this Section are met, a
18		school nurse or trained personnel may administer undesignated
19		asthma medication to any person whom the school nurse or
20		trained personnel in good faith believes to be experiencing
21		respiratory distress (i) while in school, (ii) while at a
22		school-sponsored activity, (iii) while under the supervision
23		of school personnel, or (iv) before or after normal school
24		activities, including before-school or after-school care on
25		school-operated property. A school nurse or trained personnel
26		may carry undesignated asthma medication on his or her person

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1		while in school or at a school-sponsored activity.
2		(f) The school district, public school, charter school, or
3		nonpublic school may maintain a supply of undesignated
4		epinephrine injectors in any secure location that is
5		accessible before, during, and after school where an allergic
6		person is most at risk, including, but not limited to,
7		classrooms and lunchrooms. A physician, a physician assistant
8		who has prescriptive authority in accordance with Section 7.5
9		of the Physician Assistant Practice Act of 1987, or an
10		advanced practice registered nurse who has prescriptive
11		authority in accordance with Section 65-40 of the Nurse
12		Practice Act may prescribe undesignated epinephrine injectors
13		in the name of the school district, public school, charter
14		school, or nonpublic school to be maintained for use when
15		necessary. Any supply of epinephrine injectors shall be
16		maintained in accordance with the manufacturer's instructions.
17		The school district, public school, charter school, or
18		nonpublic school shall maintain a supply of an opioid
19		antagonist in any secure location where an individual may have
20		an opioid overdose, unless there is a shortage of opioid
21		antagonists, in which case the school district, public school,
22		charter school, or nonpublic school shall make a reasonable
23		effort to maintain a supply of an opioid antagonist. Unless
24		the school district, public school, charter school, or
25		nonpublic school is able to obtain opioid antagonists without
26		a prescription, a health care professional who has been

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1		delegated prescriptive authority for opioid antagonists in
2		accordance with Section 5-23 of the Substance Use Disorder Act
3		shall prescribe opioid antagonists in the name of the school
4		district, public school, charter school, or nonpublic school,
5		to be maintained for use when necessary. Any supply of opioid
6		antagonists shall be maintained in accordance with the
7		manufacturer's instructions.
8		The school district, public school, charter school, or
9		nonpublic school may maintain a supply of asthma medication in
10		any secure location that is accessible before, during, or
11		after school where a person is most at risk, including, but not
12		limited to, a classroom or the nurse's office. A physician, a
13		physician assistant who has prescriptive authority under
14		Section 7.5 of the Physician Assistant Practice Act of 1987,
15		or an advanced practice registered nurse who has prescriptive
16		authority under Section 65-40 of the Nurse Practice Act may
17		prescribe undesignated asthma medication in the name of the
18		school district, public school, charter school, or nonpublic
19		school to be maintained for use when necessary. Any supply of
20		undesignated asthma medication must be maintained in
21		accordance with the manufacturer's instructions.
22		A school district that provides special educational
23		facilities for children with disabilities under Section
24		14-4.01 of this Code may maintain a supply of undesignated
25		oxygen tanks in any secure location that is accessible before,
26		during, and after school where a person with developmental

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1		disabilities is most at risk, including, but not limited to,
2		classrooms and lunchrooms. A physician, a physician assistant
3		who has prescriptive authority in accordance with Section 7.5
4		of the Physician Assistant Practice Act of 1987, or an
5		advanced practice registered nurse who has prescriptive
6		authority in accordance with Section 65-40 of the Nurse
7		Practice Act may prescribe undesignated oxygen tanks in the
8		name of the school district that provides special educational
9		facilities for children with disabilities under Section
10		14-4.01 of this Code to be maintained for use when necessary.
11		Any supply of oxygen tanks shall be maintained in accordance
12		with the manufacturer's instructions and with the local fire
13		department's rules.
14		(f-3) Whichever entity initiates the process of obtaining
15		undesignated epinephrine injectors and providing training to
16		personnel for carrying and administering undesignated
17		epinephrine injectors shall pay for the costs of the
18		undesignated epinephrine injectors.
19		(f-5) Upon any administration of an epinephrine injector,
20		a school district, public school, charter school, or nonpublic
21		school must immediately activate the EMS system and notify the
22		student's parent, guardian, or emergency contact, if known.
23		Upon any administration of an opioid antagonist, a school
24		district, public school, charter school, or nonpublic school
25		must immediately activate the EMS system and notify the
26		student's parent, guardian, or emergency contact, if known.

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1		(f-10) Within 24 hours of the administration of an
2		undesignated epinephrine injector, a school district, public
3		school, charter school, or nonpublic school must notify the
4		physician, physician assistant, or advanced practice
5		registered nurse who provided the standing protocol and a
6		prescription for the undesignated epinephrine injector of its
7		use.
8		Within 24 hours after the administration of an opioid
9		antagonist, a school district, public school, charter school,
10		or nonpublic school must notify the health care professional
11		who provided the prescription for the opioid antagonist of its
12		use.
13		Within 24 hours after the administration of undesignated
14		asthma medication, a school district, public school, charter
15		school, or nonpublic school must notify the student's parent
16		or guardian or emergency contact, if known, and the physician,
17		physician assistant, or advanced practice registered nurse who
18		provided the standing protocol and a prescription for the
19		undesignated asthma medication of its use. The district or
20		school must follow up with the school nurse, if available, and
21		may, with the consent of the child's parent or guardian,
22		notify the child's health care provider of record, as
23		determined under this Section, of its use.
24		(g) Prior to the administration of an undesignated
25		epinephrine injector, trained personnel must submit to the
26		school's administration proof of completion of a training

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1		curriculum to recognize and respond to anaphylaxis that meets
2		the requirements of subsection (h) of this Section. Training
3		must be completed annually. The school district, public
4		school, charter school, or nonpublic school must maintain
5		records related to the training curriculum and trained
6		personnel.
7		Prior to the administration of an opioid antagonist,
8		trained personnel must submit to the school's administration
9		proof of completion of a training curriculum to recognize and
10		respond to an opioid overdose, which curriculum must meet the
11		requirements of subsection (h-5) of this Section. The school
12		district, public school, charter school, or nonpublic school
13		must maintain records relating to the training curriculum and
14		the trained personnel.
15		Prior to the administration of undesignated asthma
16		medication, trained personnel must submit to the school's
17		administration proof of completion of a training curriculum to
18		recognize and respond to respiratory distress, which must meet
19		the requirements of subsection (h-10) of this Section.
20		Training must be completed annually, and the school district,
21		public school, charter school, or nonpublic school must
22		maintain records relating to the training curriculum and the
23		trained personnel.
24		(h) A training curriculum to recognize and respond to
25		anaphylaxis, including the administration of an undesignated
26		epinephrine injector, may be conducted online or in person.

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1		Training shall include, but is not limited to:
2		(1) how to recognize signs and symptoms of an allergic
3		reaction, including anaphylaxis;
4		(2) how to administer an epinephrine injector; and
5		(3) a test demonstrating competency of the knowledge
6		required to recognize anaphylaxis and administer an
7		epinephrine injector.
8		Training may also include, but is not limited to:
9		(A) a review of high-risk areas within a school and
10		its related facilities;
11		(B) steps to take to prevent exposure to allergens;
12		(C) emergency follow-up procedures, including the
13		importance of calling 9-1-1 or, if 9-1-1 is not available,
14		other local emergency medical services;
15		(D) how to respond to a student with a known allergy,
16		as well as a student with a previously unknown allergy;
17		(E) other criteria as determined in rules adopted
18		pursuant to this Section; and
19		(F) any policy developed by the State Board of
20		Education under Section 2-3.190.
21		In consultation with statewide professional organizations
22		representing physicians licensed to practice medicine in all
23		of its branches, registered nurses, and school nurses, the
24		State Board of Education shall make available resource
25		materials consistent with criteria in this subsection (h) for
26		educating trained personnel to recognize and respond to

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1		anaphylaxis. The State Board may take into consideration the
2		curriculum on this subject developed by other states, as well
3		as any other curricular materials suggested by medical experts
4		and other groups that work on life-threatening allergy issues.
5		The State Board is not required to create new resource
6		materials. The State Board shall make these resource materials
7		available on its Internet website.
8		(h-5) A training curriculum to recognize and respond to an
9		opioid overdose, including the administration of an opioid
10		antagonist, may be conducted online or in person. The training
11		must comply with any training requirements under Section 5-23
12		of the Substance Use Disorder Act and the corresponding rules.
13		It must include, but is not limited to:
14		(1) how to recognize symptoms of an opioid overdose;
15		(2) information on drug overdose prevention and
16		recognition;
17		(3) how to perform rescue breathing and resuscitation;
18		(4) how to respond to an emergency involving an opioid
19		overdose;
20		(5) opioid antagonist dosage and administration;
21		(6) the importance of calling 9-1-1 or, if 9-1-1 is
22		not available, other local emergency medical services;
23		(7) care for the overdose victim after administration
24		of the overdose antagonist;
25		(8) a test demonstrating competency of the knowledge
26		required to recognize an opioid overdose and administer a

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1		dose of an opioid antagonist; and
2		(9) other criteria as determined in rules adopted
3		pursuant to this Section.
4		(h-10) A training curriculum to recognize and respond to
5		respiratory distress, including the administration of
6		undesignated asthma medication, may be conducted online or in
7		person. The training must include, but is not limited to:
8		(1) how to recognize symptoms of respiratory distress
9		and how to distinguish respiratory distress from
10		anaphylaxis;
11		(2) how to respond to an emergency involving
12		respiratory distress;
13		(3) asthma medication dosage and administration;
14		(4) the importance of calling 9-1-1 or, if 9-1-1 is
15		not available, other local emergency medical services;
16		(5) a test demonstrating competency of the knowledge
17		required to recognize respiratory distress and administer
18		asthma medication; and
19		(6) other criteria as determined in rules adopted
20		under this Section.
21		(i) Within 3 days after the administration of an
22		undesignated epinephrine injector by a school nurse, trained
23		personnel, or a student at a school or school-sponsored
24		activity, the school must report to the State Board of
25		Education in a form and manner prescribed by the State Board
26		the following information:

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1		(1) age and type of person receiving epinephrine
2		(student, staff, visitor);
3		(2) any previously known diagnosis of a severe
4		allergy;
5		(3) trigger that precipitated allergic episode;
6		(4) location where symptoms developed;
7		(5) number of doses administered;
8		(6) type of person administering epinephrine (school
9		nurse, trained personnel, student); and
10		(7) any other information required by the State Board.
11		If a school district, public school, charter school, or
12		nonpublic school maintains or has an independent contractor
13		providing transportation to students who maintains a supply of
14		undesignated epinephrine injectors, then the school district,
15		public school, charter school, or nonpublic school must report
16		that information to the State Board of Education upon adoption
17		or change of the policy of the school district, public school,
18		charter school, nonpublic school, or independent contractor,
19		in a manner as prescribed by the State Board. The report must
20		include the number of undesignated epinephrine injectors in
21		supply.
22		(i-5) Within 3 days after the administration of an opioid
23		antagonist by a school nurse or trained personnel, the school
24		must report to the State Board of Education, in a form and
25		manner prescribed by the State Board, the following
26		information:

HB4844 Engrossed - 998 - LRB103 39009 AMC 69146 b
1		(1) the age and type of person receiving the opioid
2		antagonist (student, staff, or visitor);
3		(2) the location where symptoms developed;
4		(3) the type of person administering the opioid
5		antagonist (school nurse or trained personnel); and
6		(4) any other information required by the State Board.
7		(i-10) Within 3 days after the administration of
8		undesignated asthma medication by a school nurse, trained
9		personnel, or a student at a school or school-sponsored
10		activity, the school must report to the State Board of
11		Education, on a form and in a manner prescribed by the State
12		Board of Education, the following information:
13		(1) the age and type of person receiving the asthma
14		medication (student, staff, or visitor);
15		(2) any previously known diagnosis of asthma for the
16		person;
17		(3) the trigger that precipitated respiratory
18		distress, if identifiable;
19		(4) the location of where the symptoms developed;
20		(5) the number of doses administered;
21		(6) the type of person administering the asthma
22		medication (school nurse, trained personnel, or student);
23		(7) the outcome of the asthma medication
24		administration; and
25		(8) any other information required by the State Board.
26		(j) By October 1, 2015 and every year thereafter, the

HB4844 Engrossed - 999 - LRB103 39009 AMC 69146 b
1		State Board of Education shall submit a report to the General
2		Assembly identifying the frequency and circumstances of
3		undesignated epinephrine and undesignated asthma medication
4		administration during the preceding academic year. Beginning
5		with the 2017 report, the report shall also contain
6		information on which school districts, public schools, charter
7		schools, and nonpublic schools maintain or have independent
8		contractors providing transportation to students who maintain
9		a supply of undesignated epinephrine injectors. This report
10		shall be published on the State Board's Internet website on
11		the date the report is delivered to the General Assembly.
12		(j-5) Annually, each school district, public school,
13		charter school, or nonpublic school shall request an asthma
14		action plan from the parents or guardians of a pupil with
15		asthma. If provided, the asthma action plan must be kept on
16		file in the office of the school nurse or, in the absence of a
17		school nurse, the school administrator. Copies of the asthma
18		action plan may be distributed to appropriate school staff who
19		interact with the pupil on a regular basis, and, if
20		applicable, may be attached to the pupil's federal Section 504
21		plan or individualized education program plan.
22		(j-10) To assist schools with emergency response
23		procedures for asthma, the State Board of Education, in
24		consultation with statewide professional organizations with
25		expertise in asthma management and a statewide organization
26		representing school administrators, shall develop a model

HB4844 Engrossed - 1000 - LRB103 39009 AMC 69146 b
1		asthma episode emergency response protocol before September 1,
2		2016. Each school district, charter school, and nonpublic
3		school shall adopt an asthma episode emergency response
4		protocol before January 1, 2017 that includes all of the
5		components of the State Board's model protocol.
6		(j-15) (Blank).
7		(j-20) On or before October 1, 2016 and every year
8		thereafter, the State Board of Education shall submit a report
9		to the General Assembly and the Department of Public Health
10		identifying the frequency and circumstances of opioid
11		antagonist administration during the preceding academic year.
12		This report shall be published on the State Board's Internet
13		website on the date the report is delivered to the General
14		Assembly.
15		(k) The State Board of Education may adopt rules necessary
16		to implement this Section.
17		(l) Nothing in this Section shall limit the amount of
18		epinephrine injectors that any type of school or student may
19		carry or maintain a supply of.
20		(Source: P.A. 102-413, eff. 8-20-21; 102-813, eff. 5-13-22;
21		103-175, eff. 6-30-23; 103-196, eff. 1-1-24; 103-348, eff.
22		1-1-24; 103-542, eff. 7-1-24 (see Section 905 of P.A. 103-563
23		for effective date of P.A. 103-542); revised 11-27-23.)
24		(105 ILCS 5/22-95)
25		(This Section may contain text from a Public Act with a

HB4844 Engrossed - 1001 - LRB103 39009 AMC 69146 b
1		delayed effective date)
2		Sec. 22-95. Policy on discrimination, harassment, and
3		retaliation; response procedures.
4		(a) As used in this Section, "policy" means either the use
5		of a singular policy or multiple policies.
6		(b) Each school district, charter school, or nonpublic,
7		nonsectarian elementary or secondary school must create,
8		implement, and maintain at least one written policy that
9		prohibits discrimination and harassment based on race, color,
10		and national origin and prohibits retaliation. The policy may
11		be included as part of a broader anti-harassment or
12		anti-discrimination policy, provided that the policy
13		prohibiting discrimination and harassment based on race,
14		color, and national origin and retaliation shall be
15		distinguished with an appropriate title, heading, or label.
16		This policy must comply with and be distributed in accordance
17		with all of the following:
18		(1) The policy must be in writing and must include at a
19		minimum, the following information:
20		(A) descriptions of various forms of
21		discrimination and harassment based on race, color,
22		and national origin, including examples;
23		(B) the school district's, charter school's, or
24		nonpublic, nonsectarian elementary or secondary
25		school's internal process for filing a complaint
26		regarding a violation of the policy described in this

HB4844 Engrossed - 1002 - LRB103 39009 AMC 69146 b
1		subsection, or a reference to that process if
2		described elsewhere in policy;
3		(C) an overview of the school district's, charter
4		school's, or nonpublic, nonsectarian elementary or
5		secondary school's prevention and response program
6		pursuant to subsection (c);
7		(D) potential remedies for a violation of the
8		policy described in this subsection;
9		(E) a prohibition on retaliation for making a
10		complaint or participating in the complaint process;
11		(F) the legal recourse available through the
12		Department of Human Rights and through federal
13		agencies if a school district, charter school, or
14		nonpublic, nonsectarian elementary or secondary school
15		fails to take corrective action, or a reference to
16		that process if described elsewhere in policy; and
17		(G) directions on how to contact the Department of
18		Human Rights or a reference to those directions if
19		described elsewhere in the policy.
20		The policy shall make clear that the policy does not
21		impair or otherwise diminish the rights of unionized
22		employees under federal law, State law, or a collective
23		bargaining agreement to request an exclusive bargaining
24		representative to be present during investigator
25		interviews, nor does the policy diminish any rights
26		available under the applicable negotiated collective

HB4844 Engrossed - 1003 - LRB103 39009 AMC 69146 b
1		bargaining agreement, including, but not limited to, the
2		grievance procedure.
3		(2) The policy described in this subsection shall be
4		posted in a prominent and accessible location and
5		distributed in such a manner as to ensure notice of the
6		policy to all employees. If the school district, charter
7		school, or nonpublic, nonsectarian elementary or secondary
8		school maintains an Internet website or has an employee
9		Intranet, the website or Intranet shall be considered a
10		prominent and accessible location for the purpose of this
11		paragraph (2). Posting and distribution shall be
12		effectuated by the beginning of the 2024-2025 school year
13		and shall occur annually thereafter.
14		(3) The policy described in this subsection shall be
15		published on the school district's, charter school's, or
16		nonpublic, nonsectarian elementary or secondary school's
17		Internet website, if one exists, and in a student
18		handbook, if one exists. A summary of the policy in
19		accessible, age-appropriate language shall be distributed
20		annually to students and to the parents or guardians of
21		minor students. School districts, charter schools, and
22		nonpublic, nonsectarian elementary or secondary schools
23		shall provide a summary of the policy in the parent or
24		guardian's native language. For the annual distribution of
25		the summary, inclusion of the summary in a student
26		handbook is deemed compliant.

HB4844 Engrossed - 1004 - LRB103 39009 AMC 69146 b
1		(c) Each school district, charter school, and nonpublic,
2		nonsectarian elementary or secondary school must establish
3		procedures for responding to complaints of discrimination and
4		harassment based on race, color, and national origin and
5		retaliation. These procedures must comply with subsection (b)
6		of this Section. Based on these procedures, school districts,
7		charter schools, and nonpublic, nonsectarian elementary or
8		secondary schools:
9		(1) shall reduce or remove, to the extent practicable,
10		barriers to reporting discrimination, harassment, and
11		retaliation;
12		(2) shall permit any person who reports or is the
13		victim of an incident of alleged discrimination,
14		harassment, or retaliation to be accompanied when making a
15		report by a support individual of the person's choice who
16		complies with the school district's, charter school's, or
17		nonpublic, nonsectarian elementary or secondary school's
18		policies or rules;
19		(3) shall permit anonymous reporting, except that this
20		paragraph (3) may not be construed to permit formal
21		disciplinary action solely on the basis of an anonymous
22		report;
23		(4) shall offer remedial interventions or take such
24		disciplinary action as may be appropriate on a
25		case-by-case basis;
26		(5) may offer, but not require or unduly influence, a

HB4844 Engrossed - 1005 - LRB103 39009 AMC 69146 b
1		person who reports or is the victim of an incident of
2		discrimination, harassment, or retaliation the option to
3		resolve allegations directly with the offender; and
4		(6) may not cause a person who reports or is the victim
5		of an incident of discrimination, harassment, or
6		retaliation to suffer adverse consequences as a result of
7		a report of, an investigation of, or a response to the
8		incident; this protection may not permit victims to engage
9		in retaliation against the offender or limit a school
10		district, charter school, or nonpublic, nonsectarian
11		elementary or secondary school from applying disciplinary
12		measures in response to other acts or conduct not related
13		to the process of reporting, investigating, or responding
14		to a report of an incident of discrimination, harassment,
15		or retaliation.
16		(Source: P.A. 103-472, eff. 8-1-24.)
17		(105 ILCS 5/22-97)
18		(Section scheduled to be repealed on February 1, 2029)
19		Sec. 22-97 22-95. Whole Child Task Force.
20		(a) The General Assembly makes all of the following
21		findings:
22		(1) The COVID-19 pandemic has exposed systemic
23		inequities in American society. Students, educators, and
24		families throughout this State have been deeply affected
25		by the pandemic, and the impact of the pandemic will be

HB4844 Engrossed - 1006 - LRB103 39009 AMC 69146 b
1		felt for years to come. The negative consequences of the
2		pandemic have impacted students and communities
3		differently along the lines of race, income, language, and
4		special needs. However, students in this State faced
5		significant unmet physical health, mental health, and
6		social and emotional needs even prior to the pandemic.
7		(2) The path to recovery requires a commitment from
8		adults in this State to address our students cultural,
9		physical, emotional, and mental health needs and to
10		provide them with stronger and increased systemic support
11		and intervention.
12		(3) It is well documented that trauma and toxic stress
13		diminish a child's ability to thrive. Forms of childhood
14		trauma and toxic stress include adverse childhood
15		experiences, systemic racism, poverty, food and housing
16		insecurity, and gender-based violence. The COVID-19
17		pandemic has exacerbated these issues and brought them
18		into focus.
19		(4) It is estimated that, overall, approximately 40%
20		of children in this State have experienced at least one
21		adverse childhood experience and approximately 10% have
22		experienced 3 or more adverse childhood experiences.
23		However, the number of adverse childhood experiences is
24		higher for Black and Hispanic children who are growing up
25		in poverty. The COVID-19 pandemic has amplified the number
26		of students who have experienced childhood trauma. Also,

HB4844 Engrossed - 1007 - LRB103 39009 AMC 69146 b
1		the COVID-19 pandemic has highlighted preexisting
2		inequities in school disciplinary practices that
3		disproportionately impact Black and Brown students.
4		Research shows, for example, that girls of color are
5		disproportionately impacted by trauma, adversity, and
6		abuse, and instead of receiving the care and
7		trauma-informed support they may need, many Black girls in
8		particular face disproportionately harsh disciplinary
9		measures.
10		(5) The cumulative effects of trauma and toxic stress
11		adversely impact the physical health of students, as well
12		as the students' ability to learn, form relationships, and
13		self-regulate. If left unaddressed, these effects increase
14		a student's risk for depression, alcoholism, anxiety,
15		asthma, smoking, and suicide, all of which are risks that
16		disproportionately affect Black youth and may lead to a
17		host of medical diseases as an adult. Access to infant and
18		early childhood mental health services is critical to
19		ensure the social and emotional well-being of this State's
20		youngest children, particularly those children who have
21		experienced trauma.
22		(6) Although this State enacted measures through
23		Public Act 100-105 to address the high rate of early care
24		and preschool expulsions of infants, toddlers, and
25		preschoolers and the disproportionately higher rate of
26		expulsion for Black and Hispanic children, a recent study

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1		found a wide variation in the awareness, understanding,
2		and compliance with the law by providers of early
3		childhood care. Further work is needed to implement the
4		law, which includes providing training to early childhood
5		care providers to increase the providers' understanding of
6		the law, increasing the availability and access to infant
7		and early childhood mental health services, and building
8		aligned data collection systems to better understand
9		expulsion rates and to allow for accurate reporting as
10		required by the law.
11		(7) Many educators and schools in this State have
12		embraced and implemented evidence-based restorative
13		justice and trauma-responsive and culturally relevant
14		practices and interventions. However, the use of these
15		interventions on students is often isolated or is
16		implemented occasionally and only if the school has the
17		appropriate leadership, resources, and partners available
18		to engage seriously in this work. It would be malpractice
19		to deny our students access to these practices and
20		interventions, especially in the aftermath of a
21		once-in-a-century pandemic.
22		(b) The Whole Child Task Force created by Public Act
23		101-654 is reestablished for the purpose of establishing an
24		equitable, inclusive, safe, and supportive environment in all
25		schools for every student in this State. The task force shall
26		have all of the following goals, which means key steps have to

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1		be taken to ensure that every child in every school in this
2		State has access to teachers, social workers, school leaders,
3		support personnel, and others who have been trained in
4		evidence-based interventions and restorative practices:
5		(1) To create a common definition of a
6		trauma-responsive school, a trauma-responsive district,
7		and a trauma-responsive community.
8		(2) To outline the training and resources required to
9		create and sustain a system of support for
10		trauma-responsive schools, districts, and communities and
11		to identify this State's role in that work, including
12		recommendations concerning options for redirecting
13		resources from school resource officers to classroom-based
14		support.
15		(3) To identify or develop a process to conduct an
16		analysis of the organizations that provide training in
17		restorative practices, implicit bias, anti-racism, and
18		trauma-responsive systems, mental health services, and
19		social and emotional services to schools.
20		(4) To provide recommendations concerning the key data
21		to be collected and reported to ensure that this State has
22		a full and accurate understanding of the progress toward
23		ensuring that all schools, including programs and
24		providers of care to pre-kindergarten children, employ
25		restorative, anti-racist, and trauma-responsive
26		strategies and practices. The data collected must include

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1		information relating to the availability of trauma
2		responsive support structures in schools, as well as
3		disciplinary practices employed on students in person or
4		through other means, including during remote or blended
5		learning. It should also include information on the use of
6		and funding for school resource officers and other similar
7		police personnel in school programs.
8		(5) To recommend an implementation timeline, including
9		the key roles, responsibilities, and resources to advance
10		this State toward a system in which every school,
11		district, and community is progressing toward becoming
12		trauma-responsive.
13		(6) To seek input and feedback from stakeholders,
14		including parents, students, and educators, who reflect
15		the diversity of this State.
16		(7) To recommend legislation, policies, and practices
17		to prevent learning loss in students during periods of
18		suspension and expulsion, including, but not limited to,
19		remote instruction.
20		(c) Members of the Whole Child Task Force shall be
21		appointed by the State Superintendent of Education. Members of
22		this task force must represent the diversity of this State and
23		possess the expertise needed to perform the work required to
24		meet the goals of the task force set forth under subsection
25		(a). Members of the task force shall include all of the
26		following:

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1		(1) One member of a statewide professional teachers'
2		organization.
3		(2) One member of another statewide professional
4		teachers' organization.
5		(3) One member who represents a school district
6		serving a community with a population of 500,000 or more.
7		(4) One member of a statewide organization
8		representing social workers.
9		(5) One member of an organization that has specific
10		expertise in trauma-responsive school practices and
11		experience in supporting schools in developing
12		trauma-responsive and restorative practices.
13		(6) One member of another organization that has
14		specific expertise in trauma-responsive school practices
15		and experience in supporting schools in developing
16		trauma-responsive and restorative practices.
17		(7) One member of a statewide organization that
18		represents school administrators.
19		(8) One member of a statewide policy organization that
20		works to build a healthy public education system that
21		prepares all students for a successful college, career,
22		and civic life.
23		(9) One member of a statewide organization that brings
24		teachers together to identify and address issues critical
25		to student success.
26		(10) One member of the General Assembly recommended by

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1		the President of the Senate.
2		(11) One member of the General Assembly recommended by
3		the Speaker of the House of Representatives.
4		(12) One member of the General Assembly recommended by
5		the Minority Leader of the Senate.
6		(13) One member of the General Assembly recommended by
7		the Minority Leader of the House of Representatives.
8		(14) One member of a civil rights organization that
9		works actively on issues regarding student support.
10		(15) One administrator from a school district that has
11		actively worked to develop a system of student support
12		that uses a trauma-informed lens.
13		(16) One educator from a school district that has
14		actively worked to develop a system of student support
15		that uses a trauma-informed lens.
16		(17) One member of a youth-led organization.
17		(18) One member of an organization that has
18		demonstrated expertise in restorative practices.
19		(19) One member of a coalition of mental health and
20		school practitioners who assist schools in developing and
21		implementing trauma-informed and restorative strategies
22		and systems.
23		(20) One member of an organization whose mission is to
24		promote the safety, health, and economic success of
25		children, youth, and families in this State.
26		(21) One member who works or has worked as a

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1		restorative justice coach or disciplinarian.
2		(22) One member who works or has worked as a social
3		worker.
4		(23) One member of the State Board of Education.
5		(24) One member who represents a statewide principals'
6		organization.
7		(25) One member who represents a statewide
8		organization of school boards.
9		(26) One member who has expertise in pre-kindergarten
10		education.
11		(27) One member who represents a school social worker
12		association.
13		(28) One member who represents an organization that
14		represents school districts in the south suburbs of the
15		City of Chicago.
16		(29) One member who is a licensed clinical
17		psychologist who (i) has a doctor of philosophy in the
18		field of clinical psychology and has an appointment at an
19		independent free-standing children's hospital located in
20		the City of Chicago, (ii) serves as an associate professor
21		at a medical school located in the City of Chicago, and
22		(iii) serves as the clinical director of a coalition of
23		voluntary collaboration of organizations that are
24		committed to applying a trauma lens to the member's
25		efforts on behalf of families and children in the State.
26		(30) One member who represents a school district in

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1		the west suburbs of the City of Chicago.
2		(31) One member from a governmental agency who has
3		expertise in child development and who is responsible for
4		coordinating early childhood mental health programs and
5		services.
6		(32) One member who has significant expertise in early
7		childhood mental health and childhood trauma.
8		(33) One member who represents an organization that
9		represents school districts in the collar counties around
10		the City of Chicago.
11		(34) One member who represents an organization
12		representing regional offices of education.
13		(d) The Whole Child Task Force shall meet at the call of
14		the State Superintendent of Education or his or her designee,
15		who shall serve as the chairperson. The State Board of
16		Education shall provide administrative and other support to
17		the task force. Members of the task force shall serve without
18		compensation.
19		(e) The Whole Child Task Force shall reconvene by March
20		2027 to review progress on the recommendations in the March
21		2022 report submitted pursuant to Public Act 101-654 and shall
22		submit a new report on its assessment of the State's progress
23		and any additional recommendations to the General Assembly,
24		the Illinois Legislative Black Caucus, the State Board of
25		Education, and the Governor on or before December 31, 2027.
26		(f) This Section is repealed on February 1, 2029.

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1		(Source: P.A. 103-413, eff. 1-1-24; revised 9-25-23.)
2		(105 ILCS 5/22-98)
3		Sec. 22-98 22-95. Retirement and deferred compensation
4		plans.
5		(a) This Section applies only to school districts, other
6		than a school district organized under Article 34, with a
7		full-time licensed teacher population of 575 or more teachers
8		that maintain a 457 plan. Every applicable school district
9		shall make available to participants more than one financial
10		institution or investment provider to provide services to the
11		school district's 457 plan.
12		(b) A financial institution or investment provider, by
13		entering into a written agreement, may offer or provide
14		services to a plan offered, established, or maintained by a
15		school district under Section 457 of the Internal Revenue Code
16		of 1986 if the written agreement is not combined with any other
17		written agreement for the administration of the school
18		district's 457 plan.
19		Each school district that offers a 457 plan shall make
20		available to participants, in the manner provided in
21		subsection (d), more than one financial institution or
22		investment provider that has not entered into a written
23		agreement to provide administration services and that provides
24		services to a 457 plan offered to school districts.
25		(c) A financial institution or investment provider

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1		providing services for any plan offered, established, or
2		maintained by a school district under Section 457 of the
3		Internal Revenue Code of 1986 shall:
4		(1) enter into an agreement with the school district
5		or the school district's independent compliance
6		administrator that requires the financial institution or
7		investment provider to provide, in an electronic format,
8		all data necessary for the administration of the 457 plan,
9		as determined by the school district or the school
10		district's compliance administrator;
11		(2) provide all data required by the school district
12		or the school district's compliance administrator to
13		facilitate disclosure of all fees, charges, expenses,
14		commissions, compensation, and payments to third parties
15		related to investments offered under the 457 plan; and
16		(3) cover all plan administration costs agreed to by
17		the school district relating to the administration of the
18		457 plan.
19		(d) A school district that offers, establishes, or
20		maintains a plan under Section 457 of the Internal Revenue
21		Code of 1986, except for a plan established under Section
22		16-204 of the Illinois Pension Code, shall select more than
23		one financial institution or investment provider, in addition
24		to the financial institution or investment provider that has
25		entered into a written agreement under subsection (b), to
26		provide services to the 457 plan. A financial institution or

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1		investment provider shall be designated a 457 plan provider if
2		the financial institution or investment provider enters into
3		an agreement in accordance with subsection (c).
4		(e) A school district shall have one year after the
5		effective date of this amendatory Act of the 103rd General
6		Assembly to find a 457 plan provider under this Section.
7		(f) Nothing in this Section shall apply to or impact the
8		optional defined contribution benefit established by the
9		Teachers' Retirement System of the State of Illinois under
10		Section 16-204 of the Illinois Pension Code. Notwithstanding
11		the foregoing, the Teachers' Retirement System may elect to
12		share plan data for the 457 plan established pursuant to
13		Section 16-204 of the Illinois Pension Code with the school
14		district, upon request by the school district, in order to
15		facilitate school districts' compliance with this Section and
16		Section 457 of the Internal Revenue Code of 1986. If a school
17		district requests that the Teachers' Retirement System share
18		plan information for the 457 plan established pursuant to
19		Section 16-204 of the Illinois Pension Code, the Teachers'
20		Retirement System may assess a fee on the applicable school
21		district.
22		(Source: P.A. 103-481, eff. 1-1-24; revised 9-25-23.)
23		(105 ILCS 5/22-99)
24		(Section scheduled to be repealed on December 31, 2031)
25		Sec. 22-99 22-95. Rural Education Advisory Council.

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1		(a) The Rural Education Advisory Council is created as a
2		statewide advisory council to exchange thoughtful dialogue
3		concerning the needs, challenges, and opportunities of rural
4		school schools districts and to provide policy recommendations
5		to the State. The Council shall perform all of the following
6		functions:
7		(1) Convey and impart the perspective of rural
8		communities and provide context during policy discussions
9		on various statewide issues with the State Superintendent
10		of Education.
11		(2) Present to the State Superintendent of Education
12		the opportunity to speak directly with representatives of
13		rural communities on various policy and legal issues, to
14		present feedback on critical issues facing rural
15		communities, to generate ideas, and to communicate
16		information to the State Superintendent.
17		(3) Provide feedback about this State's
18		pre-kindergarten through grade 12 practices and policies
19		so that the application of policies in rural areas may be
20		more fully understood.
21		(b) The Council shall consist of all of the following
22		members:
23		(1) The State Superintendent of Education or his or
24		her designee.
25		(2) One representative of an association representing
26		rural and small schools, appointed by the State

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1		Superintendent of Education.
2		(3) Five superintendents of rural school districts who
3		represent 3 super-regions of this State and who are
4		recommended by an association representing rural and small
5		schools, appointed by the State Superintendent of
6		Education.
7		(4) One principal from a rural school district
8		recommended by a statewide organization representing
9		school principals, appointed by the State Superintendent
10		of Education.
11		(5) One representative from a rural school district
12		recommended by a statewide organization representing
13		school boards, appointed by the State Superintendent of
14		Education.
15		(6) One representative of a statewide organization
16		representing district superintendents, appointed by the
17		State Superintendent of Education.
18		(7) One representative of a statewide organization
19		representing regional superintendents of schools,
20		appointed by the State Superintendent of Education.
21		(8) One student who is at least 15 years old, who is a
22		member of the State Board of Education's Student Advisory
23		Council, and who is from a rural school district,
24		appointed by the State Superintendent of Education.
25		Council members must reflect, as much as possible, the
26		racial and ethnic diversity of this State.

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1		Council members shall serve without compensation but shall
2		be reimbursed for their reasonable and necessary expenses from
3		funds appropriated to the State Board of Education for that
4		purpose, subject to the rules of the appropriate travel
5		control board.
6		(c) The Council shall meet initially at the call of the
7		State Superintendent of Education, shall select one member as
8		chairperson at its initial meeting, and shall thereafter meet
9		at the call of the chairperson.
10		(d) The State Board of Education shall provide
11		administrative and other support to the Council as needed.
12		(e) The Council is dissolved and this Section is repealed
13		on December 31, 2031.
14		(Source: P.A. 103-497, eff. 1-1-24; revised 1-30-24.)
15		(105 ILCS 5/24-2)
16		Sec. 24-2. Holidays.
17		(a) Teachers shall not be required to teach on Saturdays,
18		nor, except as provided in subsection (b) of this Section,
19		shall teachers, educational support personnel employees, or
20		other school employees, other than noncertificated school
21		employees whose presence is necessary because of an emergency
22		or for the continued operation and maintenance of school
23		facilities or property, be required to work on legal school
24		holidays, which are January 1, New Year's Day; the third
25		Monday in January, the Birthday of Dr. Martin Luther King,

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1		Jr.; February 12, the Birthday of President Abraham Lincoln;
2		the first Monday in March (to be known as Casimir Pulaski's
3		birthday); Good Friday; the day designated as Memorial Day by
4		federal law; June 19, Juneteenth National Freedom Day; July 4,
5		Independence Day; the first Monday in September, Labor Day;
6		the second Monday in October, Columbus Day; November 11,
7		Veterans' Day; the Thursday in November commonly called
8		Thanksgiving Day; and December 25, Christmas Day. School
9		boards may grant special holidays whenever in their judgment
10		such action is advisable. No deduction shall be made from the
11		time or compensation of a school employee, including an
12		educational support personnel employee, on account of any
13		legal or special holiday in which that employee would have
14		otherwise been scheduled to work but for the legal or special
15		holiday.
16		(b) A school board or other entity eligible to apply for
17		waivers and modifications under Section 2-3.25g of this Code
18		is authorized to hold school or schedule teachers' institutes,
19		parent-teacher conferences, or staff development on the third
20		Monday in January (the Birthday of Dr. Martin Luther King,
21		Jr.); February 12 (the Birthday of President Abraham Lincoln);
22		the first Monday in March (known as Casimir Pulaski's
23		birthday); the second Monday in October (Columbus Day); and
24		November 11 (Veterans' Day), provided that:
25		(1) the person or persons honored by the holiday are
26		recognized through instructional activities conducted on

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1		that day or, if the day is not used for student attendance,
2		on the first school day preceding or following that day;
3		and
4		(2) the entity that chooses to exercise this authority
5		first holds a public hearing about the proposal. The
6		entity shall provide notice preceding the public hearing
7		to both educators and parents. The notice shall set forth
8		the time, date, and place of the hearing, describe the
9		proposal, and indicate that the entity will take testimony
10		from educators and parents about the proposal.
11		(c) Commemorative holidays, which recognize specified
12		patriotic, civic, cultural or historical persons, activities,
13		or events, are regular school days. Commemorative holidays
14		are: January 17 (the birthday of Muhammad Ali), January 28 (to
15		be known as Christa McAuliffe Day and observed as a
16		commemoration of space exploration), February 15 (the birthday
17		of Susan B. Anthony), March 29 (Viet Nam War Veterans' Day),
18		September 11 (September 11th Day of Remembrance), September 17
19		(Constitution Day), the school day immediately preceding
20		Veterans' Day (Korean War Veterans' Day), October 1 (Recycling
21		Day), October 7 (Iraq and Afghanistan Veterans Remembrance
22		Day), December 7 (Pearl Harbor Veterans' Day), and any day so
23		appointed by the President or Governor. School boards may
24		establish commemorative holidays whenever in their judgment
25		such action is advisable. School boards shall include
26		instruction relative to commemorated persons, activities, or

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1		events on the commemorative holiday or at any other time
2		during the school year and at any point in the curriculum when
3		such instruction may be deemed appropriate. The State Board of
4		Education shall prepare and make available to school boards
5		instructional materials relative to commemorated persons,
6		activities, or events which may be used by school boards in
7		conjunction with any instruction provided pursuant to this
8		paragraph.
9		(d) City of Chicago School District 299 shall observe
10		March 4 of each year as a commemorative holiday. This holiday
11		shall be known as Mayors' Day which shall be a day to
12		commemorate and be reminded of the past Chief Executive
13		Officers of the City of Chicago, and in particular the late
14		Mayor Richard J. Daley and the late Mayor Harold Washington.
15		If March 4 falls on a Saturday or Sunday, Mayors' Day shall be
16		observed on the following Monday.
17		(e) Notwithstanding any other provision of State law to
18		the contrary, November 3, 2020 shall be a State holiday known
19		as 2020 General Election Day and shall be observed throughout
20		the State pursuant to Public Act 101-642 this amendatory Act
21		of the 101st General Assembly. All government offices, with
22		the exception of election authorities, shall be closed unless
23		authorized to be used as a location for election day services
24		or as a polling place.
25		Notwithstanding any other provision of State law to the
26		contrary, November 8, 2022 shall be a State holiday known as

HB4844 Engrossed - 1024 - LRB103 39009 AMC 69146 b
1		2022 General Election Day and shall be observed throughout the
2		State under Public Act 102-15.
3		Notwithstanding any other provision of State law to the
4		contrary, November 5, 2024 shall be a State holiday known as
5		2024 General Election Day and shall be observed throughout
6		this State pursuant to Public Act 103-467 this amendatory Act
7		of the 103rd General Assembly.
8		(Source: P.A. 102-14, eff. 1-1-22; 102-15, eff. 6-17-21;
9		102-334, eff. 8-9-21; 102-411, eff. 1-1-22; 102-813, eff.
10		5-13-22; 103-15, eff. 7-1-23; 103-395, eff. 1-1-24; 103-467,
11		eff. 8-4-23; revised 9-1-23.)
12		(105 ILCS 5/24-12)
13		Sec. 24-12. Removal or dismissal of teachers in
14		contractual continued service.
15		(a) This subsection (a) applies only to honorable
16		dismissals and recalls in which the notice of dismissal is
17		provided on or before the end of the 2010-2011 school term. If
18		a teacher in contractual continued service is removed or
19		dismissed as a result of a decision of the board to decrease
20		the number of teachers employed by the board or to discontinue
21		some particular type of teaching service, written notice shall
22		be mailed to the teacher and also given the teacher either by
23		certified mail, return receipt requested or personal delivery
24		with receipt at least 60 days before the end of the school
25		term, together with a statement of honorable dismissal and the

HB4844 Engrossed - 1025 - LRB103 39009 AMC 69146 b
1		reason therefor, and in all such cases the board shall first
2		remove or dismiss all teachers who have not entered upon
3		contractual continued service before removing or dismissing
4		any teacher who has entered upon contractual continued service
5		and who is legally qualified to hold a position currently held
6		by a teacher who has not entered upon contractual continued
7		service.
8		As between teachers who have entered upon contractual
9		continued service, the teacher or teachers with the shorter
10		length of continuing service with the district shall be
11		dismissed first unless an alternative method of determining
12		the sequence of dismissal is established in a collective
13		bargaining agreement or contract between the board and a
14		professional faculty members' organization and except that
15		this provision shall not impair the operation of any
16		affirmative action program in the district, regardless of
17		whether it exists by operation of law or is conducted on a
18		voluntary basis by the board. Any teacher dismissed as a
19		result of such decrease or discontinuance shall be paid all
20		earned compensation on or before the third business day
21		following the last day of pupil attendance in the regular
22		school term.
23		If the board has any vacancies for the following school
24		term or within one calendar year from the beginning of the
25		following school term, the positions thereby becoming
26		available shall be tendered to the teachers so removed or

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1		dismissed so far as they are legally qualified to hold such
2		positions; provided, however, that if the number of honorable
3		dismissal notices based on economic necessity exceeds 15% of
4		the number of full-time equivalent positions filled by
5		certified employees (excluding principals and administrative
6		personnel) during the preceding school year, then if the board
7		has any vacancies for the following school term or within 2
8		calendar years from the beginning of the following school
9		term, the positions so becoming available shall be tendered to
10		the teachers who were so notified and removed or dismissed
11		whenever they are legally qualified to hold such positions.
12		Each board shall, in consultation with any exclusive employee
13		representatives, each year establish a list, categorized by
14		positions, showing the length of continuing service of each
15		teacher who is qualified to hold any such positions, unless an
16		alternative method of determining a sequence of dismissal is
17		established as provided for in this Section, in which case a
18		list shall be made in accordance with the alternative method.
19		Copies of the list shall be distributed to the exclusive
20		employee representative on or before February 1 of each year.
21		Whenever the number of honorable dismissal notices based upon
22		economic necessity exceeds 5, or 150% of the average number of
23		teachers honorably dismissed in the preceding 3 years,
24		whichever is more, then the board also shall hold a public
25		hearing on the question of the dismissals. Following the
26		hearing and board review, the action to approve any such

HB4844 Engrossed - 1027 - LRB103 39009 AMC 69146 b
1		reduction shall require a majority vote of the board members.
2		(b) If any teacher, whether or not in contractual
3		continued service, is removed or dismissed as a result of a
4		decision of a school board to decrease the number of teachers
5		employed by the board, a decision of a school board to
6		discontinue some particular type of teaching service, or a
7		reduction in the number of programs or positions in a special
8		education joint agreement, then written notice must be mailed
9		to the teacher and also given to the teacher either by
10		electronic mail, certified mail, return receipt requested, or
11		personal delivery with receipt on or before April 15, together
12		with a statement of honorable dismissal and the reason
13		therefor, and in all such cases the sequence of dismissal
14		shall occur in accordance with this subsection (b); except
15		that this subsection (b) shall not impair the operation of any
16		affirmative action program in the school district, regardless
17		of whether it exists by operation of law or is conducted on a
18		voluntary basis by the board.
19		Each teacher must be categorized into one or more
20		positions for which the teacher is qualified to hold, based
21		upon legal qualifications and any other qualifications
22		established in a district or joint agreement job description,
23		on or before the May 10 prior to the school year during which
24		the sequence of dismissal is determined. Within each position
25		and subject to agreements made by the joint committee on
26		honorable dismissals that are authorized by subsection (c) of

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1		this Section, the school district or joint agreement must
2		establish 4 groupings of teachers qualified to hold the
3		position as follows:
4		(1) Grouping one shall consist of each teacher who is
5		not in contractual continued service and who (i) has not
6		received a performance evaluation rating, (ii) is employed
7		for one school term or less to replace a teacher on leave,
8		or (iii) is employed on a part-time basis. "Part-time
9		basis" for the purposes of this subsection (b) means a
10		teacher who is employed to teach less than a full-day,
11		teacher workload or less than 5 days of the normal student
12		attendance week, unless otherwise provided for in a
13		collective bargaining agreement between the district and
14		the exclusive representative of the district's teachers.
15		For the purposes of this Section, a teacher (A) who is
16		employed as a full-time teacher but who actually teaches
17		or is otherwise present and participating in the
18		district's educational program for less than a school term
19		or (B) who, in the immediately previous school term, was
20		employed on a full-time basis and actually taught or was
21		otherwise present and participated in the district's
22		educational program for 120 days or more is not considered
23		employed on a part-time basis.
24		(2) Grouping 2 shall consist of each teacher with a
25		Needs Improvement or Unsatisfactory performance evaluation
26		rating on either of the teacher's last 2 performance

HB4844 Engrossed - 1029 - LRB103 39009 AMC 69146 b
1		evaluation ratings.
2		(3) Grouping 3 shall consist of each teacher with a
3		performance evaluation rating of at least Satisfactory or
4		Proficient on both of the teacher's last 2 performance
5		evaluation ratings, if 2 ratings are available, or on the
6		teacher's last performance evaluation rating, if only one
7		rating is available, unless the teacher qualifies for
8		placement into grouping 4.
9		(4) Grouping 4 shall consist of each teacher whose
10		last 2 performance evaluation ratings are Excellent and
11		each teacher with 2 Excellent performance evaluation
12		ratings out of the teacher's last 3 performance evaluation
13		ratings with a third rating of Satisfactory or Proficient.
14		Among teachers qualified to hold a position, teachers must
15		be dismissed in the order of their groupings, with teachers in
16		grouping one dismissed first and teachers in grouping 4
17		dismissed last.
18		Within grouping one, the sequence of dismissal must be at
19		the discretion of the school district or joint agreement.
20		Within grouping 2, the sequence of dismissal must be based
21		upon average performance evaluation ratings, with the teacher
22		or teachers with the lowest average performance evaluation
23		rating dismissed first. A teacher's average performance
24		evaluation rating must be calculated using the average of the
25		teacher's last 2 performance evaluation ratings, if 2 ratings
26		are available, or the teacher's last performance evaluation

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1		rating, if only one rating is available, using the following
2		numerical values: 4 for Excellent; 3 for Proficient or
3		Satisfactory; 2 for Needs Improvement; and 1 for
4		Unsatisfactory. As between or among teachers in grouping 2
5		with the same average performance evaluation rating and within
6		each of groupings 3 and 4, the teacher or teachers with the
7		shorter length of continuing service with the school district
8		or joint agreement must be dismissed first unless an
9		alternative method of determining the sequence of dismissal is
10		established in a collective bargaining agreement or contract
11		between the board and a professional faculty members'
12		organization.
13		Each board, including the governing board of a joint
14		agreement, shall, in consultation with any exclusive employee
15		representatives, each year establish a sequence of honorable
16		dismissal list categorized by positions and the groupings
17		defined in this subsection (b). Copies of the list showing
18		each teacher by name, along with the race or ethnicity of the
19		teacher if provided by the teacher, and categorized by
20		positions and the groupings defined in this subsection (b)
21		must be distributed to the exclusive bargaining representative
22		at least 75 days before the end of the school term, provided
23		that the school district or joint agreement may, with notice
24		to any exclusive employee representatives, move teachers from
25		grouping one into another grouping during the period of time
26		from 75 days until April 15. Each year, each board shall also

HB4844 Engrossed - 1031 - LRB103 39009 AMC 69146 b
1		establish, in consultation with any exclusive employee
2		representatives, a list showing the length of continuing
3		service of each teacher who is qualified to hold any such
4		positions, unless an alternative method of determining a
5		sequence of dismissal is established as provided for in this
6		Section, in which case a list must be made in accordance with
7		the alternative method. Copies of the list must be distributed
8		to the exclusive employee representative at least 75 days
9		before the end of the school term.
10		Any teacher dismissed as a result of such decrease or
11		discontinuance must be paid all earned compensation on or
12		before the third business day following the last day of pupil
13		attendance in the regular school term.
14		If the board or joint agreement has any vacancies for the
15		following school term or within one calendar year from the
16		beginning of the following school term, the positions thereby
17		becoming available must be tendered to the teachers so removed
18		or dismissed who were in grouping 3 or 4 of the sequence of
19		dismissal and are qualified to hold the positions, based upon
20		legal qualifications and any other qualifications established
21		in a district or joint agreement job description, on or before
22		the May 10 prior to the date of the positions becoming
23		available, provided that if the number of honorable dismissal
24		notices based on economic necessity exceeds 15% of the number
25		of full-time equivalent positions filled by certified
26		employees (excluding principals and administrative personnel)

HB4844 Engrossed - 1032 - LRB103 39009 AMC 69146 b
1		during the preceding school year, then the recall period is
2		for the following school term or within 2 calendar years from
3		the beginning of the following school term. If the board or
4		joint agreement has any vacancies within the period from the
5		beginning of the following school term through February 1 of
6		the following school term (unless a date later than February
7		1, but no later than 6 months from the beginning of the
8		following school term, is established in a collective
9		bargaining agreement), the positions thereby becoming
10		available must be tendered to the teachers so removed or
11		dismissed who were in grouping 2 of the sequence of dismissal
12		due to one "needs improvement" rating on either of the
13		teacher's last 2 performance evaluation ratings, provided
14		that, if 2 ratings are available, the other performance
15		evaluation rating used for grouping purposes is
16		"satisfactory", "proficient", or "excellent", and are
17		qualified to hold the positions, based upon legal
18		qualifications and any other qualifications established in a
19		district or joint agreement job description, on or before the
20		May 10 prior to the date of the positions becoming available.
21		On and after July 1, 2014 (the effective date of Public Act
22		98-648), the preceding sentence shall apply to teachers
23		removed or dismissed by honorable dismissal, even if notice of
24		honorable dismissal occurred during the 2013-2014 school year.
25		Among teachers eligible for recall pursuant to the preceding
26		sentence, the order of recall must be in inverse order of

HB4844 Engrossed - 1033 - LRB103 39009 AMC 69146 b
1		dismissal, unless an alternative order of recall is
2		established in a collective bargaining agreement or contract
3		between the board and a professional faculty members'
4		organization. Whenever the number of honorable dismissal
5		notices based upon economic necessity exceeds 5 notices or
6		150% of the average number of teachers honorably dismissed in
7		the preceding 3 years, whichever is more, then the school
8		board or governing board of a joint agreement, as applicable,
9		shall also hold a public hearing on the question of the
10		dismissals. Following the hearing and board review, the action
11		to approve any such reduction shall require a majority vote of
12		the board members.
13		For purposes of this subsection (b), subject to agreement
14		on an alternative definition reached by the joint committee
15		described in subsection (c) of this Section, a teacher's
16		performance evaluation rating means the overall performance
17		evaluation rating resulting from an annual or biennial
18		performance evaluation conducted pursuant to Article 24A of
19		this Code by the school district or joint agreement
20		determining the sequence of dismissal, not including any
21		performance evaluation conducted during or at the end of a
22		remediation period. No more than one evaluation rating each
23		school term shall be one of the evaluation ratings used for the
24		purpose of determining the sequence of dismissal. Except as
25		otherwise provided in this subsection for any performance
26		evaluations conducted during or at the end of a remediation

HB4844 Engrossed - 1034 - LRB103 39009 AMC 69146 b
1		period, if multiple performance evaluations are conducted in a
2		school term, only the rating from the last evaluation
3		conducted prior to establishing the sequence of honorable
4		dismissal list in such school term shall be the one evaluation
5		rating from that school term used for the purpose of
6		determining the sequence of dismissal. Averaging ratings from
7		multiple evaluations is not permitted unless otherwise agreed
8		to in a collective bargaining agreement or contract between
9		the board and a professional faculty members' organization.
10		The preceding 3 sentences are not a legislative declaration
11		that existing law does or does not already require that only
12		one performance evaluation each school term shall be used for
13		the purpose of determining the sequence of dismissal. For
14		performance evaluation ratings determined prior to September
15		1, 2012, any school district or joint agreement with a
16		performance evaluation rating system that does not use either
17		of the rating category systems specified in subsection (d) of
18		Section 24A-5 of this Code for all teachers must establish a
19		basis for assigning each teacher a rating that complies with
20		subsection (d) of Section 24A-5 of this Code for all of the
21		performance evaluation ratings that are to be used to
22		determine the sequence of dismissal. A teacher's grouping and
23		ranking on a sequence of honorable dismissal shall be deemed a
24		part of the teacher's performance evaluation, and that
25		information shall be disclosed to the exclusive bargaining
26		representative as part of a sequence of honorable dismissal

HB4844 Engrossed - 1035 - LRB103 39009 AMC 69146 b
1		list, notwithstanding any laws prohibiting disclosure of such
2		information. A performance evaluation rating may be used to
3		determine the sequence of dismissal, notwithstanding the
4		pendency of any grievance resolution or arbitration procedures
5		relating to the performance evaluation. If a teacher has
6		received at least one performance evaluation rating conducted
7		by the school district or joint agreement determining the
8		sequence of dismissal and a subsequent performance evaluation
9		is not conducted in any school year in which such evaluation is
10		required to be conducted under Section 24A-5 of this Code, the
11		teacher's performance evaluation rating for that school year
12		for purposes of determining the sequence of dismissal is
13		deemed Proficient, except that, during any time in which the
14		Governor has declared a disaster due to a public health
15		emergency pursuant to Section 7 of the Illinois Emergency
16		Management Agency Act, this default to Proficient does not
17		apply to any teacher who has entered into contractual
18		continued service and who was deemed Excellent on his or her
19		most recent evaluation. During any time in which the Governor
20		has declared a disaster due to a public health emergency
21		pursuant to Section 7 of the Illinois Emergency Management
22		Agency Act and unless the school board and any exclusive
23		bargaining representative have completed the performance
24		rating for teachers or have mutually agreed to an alternate
25		performance rating, any teacher who has entered into
26		contractual continued service, whose most recent evaluation

HB4844 Engrossed - 1036 - LRB103 39009 AMC 69146 b
1		was deemed Excellent, and whose performance evaluation is not
2		conducted when the evaluation is required to be conducted
3		shall receive a teacher's performance rating deemed Excellent.
4		A school board and any exclusive bargaining representative may
5		mutually agree to an alternate performance rating for teachers
6		not in contractual continued service during any time in which
7		the Governor has declared a disaster due to a public health
8		emergency pursuant to Section 7 of the Illinois Emergency
9		Management Agency Act, as long as the agreement is in writing.
10		If a performance evaluation rating is nullified as the result
11		of an arbitration, administrative agency, or court
12		determination, then the school district or joint agreement is
13		deemed to have conducted a performance evaluation for that
14		school year, but the performance evaluation rating may not be
15		used in determining the sequence of dismissal.
16		Nothing in this subsection (b) shall be construed as
17		limiting the right of a school board or governing board of a
18		joint agreement to dismiss a teacher not in contractual
19		continued service in accordance with Section 24-11 of this
20		Code.
21		Any provisions regarding the sequence of honorable
22		dismissals and recall of honorably dismissed teachers in a
23		collective bargaining agreement entered into on or before
24		January 1, 2011 and in effect on June 13, 2011 (the effective
25		date of Public Act 97-8) that may conflict with Public Act 97-8
26		shall remain in effect through the expiration of such

HB4844 Engrossed - 1037 - LRB103 39009 AMC 69146 b
1		agreement or June 30, 2013, whichever is earlier.
2		(c) Each school district and special education joint
3		agreement must use a joint committee composed of equal
4		representation selected by the school board and its teachers
5		or, if applicable, the exclusive bargaining representative of
6		its teachers, to address the matters described in paragraphs
7		(1) through (5) of this subsection (c) pertaining to honorable
8		dismissals under subsection (b) of this Section.
9		(1) The joint committee must consider and may agree to
10		criteria for excluding from grouping 2 and placing into
11		grouping 3 a teacher whose last 2 performance evaluations
12		include a Needs Improvement and either a Proficient or
13		Excellent.
14		(2) The joint committee must consider and may agree to
15		an alternative definition for grouping 4, which definition
16		must take into account prior performance evaluation
17		ratings and may take into account other factors that
18		relate to the school district's or program's educational
19		objectives. An alternative definition for grouping 4 may
20		not permit the inclusion of a teacher in the grouping with
21		a Needs Improvement or Unsatisfactory performance
22		evaluation rating on either of the teacher's last 2
23		performance evaluation ratings.
24		(3) The joint committee may agree to including within
25		the definition of a performance evaluation rating a
26		performance evaluation rating administered by a school

HB4844 Engrossed - 1038 - LRB103 39009 AMC 69146 b
1		district or joint agreement other than the school district
2		or joint agreement determining the sequence of dismissal.
3		(4) For each school district or joint agreement that
4		administers performance evaluation ratings that are
5		inconsistent with either of the rating category systems
6		specified in subsection (d) of Section 24A-5 of this Code,
7		the school district or joint agreement must consult with
8		the joint committee on the basis for assigning a rating
9		that complies with subsection (d) of Section 24A-5 of this
10		Code to each performance evaluation rating that will be
11		used in a sequence of dismissal.
12		(5) Upon request by a joint committee member submitted
13		to the employing board by no later than 10 days after the
14		distribution of the sequence of honorable dismissal list,
15		a representative of the employing board shall, within 5
16		days after the request, provide to members of the joint
17		committee a list showing the most recent and prior
18		performance evaluation ratings of each teacher identified
19		only by length of continuing service in the district or
20		joint agreement and not by name. If, after review of this
21		list, a member of the joint committee has a good faith
22		belief that a disproportionate number of teachers with
23		greater length of continuing service with the district or
24		joint agreement have received a recent performance
25		evaluation rating lower than the prior rating, the member
26		may request that the joint committee review the list to

HB4844 Engrossed - 1039 - LRB103 39009 AMC 69146 b
1		assess whether such a trend may exist. Following the joint
2		committee's review, but by no later than the end of the
3		applicable school term, the joint committee or any member
4		or members of the joint committee may submit a report of
5		the review to the employing board and exclusive bargaining
6		representative, if any. Nothing in this paragraph (5)
7		shall impact the order of honorable dismissal or a school
8		district's or joint agreement's authority to carry out a
9		dismissal in accordance with subsection (b) of this
10		Section.
11		Agreement by the joint committee as to a matter requires
12		the majority vote of all committee members, and if the joint
13		committee does not reach agreement on a matter, then the
14		otherwise applicable requirements of subsection (b) of this
15		Section shall apply. Except as explicitly set forth in this
16		subsection (c), a joint committee has no authority to agree to
17		any further modifications to the requirements for honorable
18		dismissals set forth in subsection (b) of this Section. The
19		joint committee must be established, and the first meeting of
20		the joint committee each school year must occur on or before
21		December 1.
22		The joint committee must reach agreement on a matter on or
23		before February 1 of a school year in order for the agreement
24		of the joint committee to apply to the sequence of dismissal
25		determined during that school year. Subject to the February 1
26		deadline for agreements, the agreement of a joint committee on

HB4844 Engrossed - 1040 - LRB103 39009 AMC 69146 b
1		a matter shall apply to the sequence of dismissal until the
2		agreement is amended or terminated by the joint committee.
3		The provisions of the Open Meetings Act shall not apply to
4		meetings of a joint committee created under this subsection
5		(c).
6		(d) Notwithstanding anything to the contrary in this
7		subsection (d), the requirements and dismissal procedures of
8		Section 24-16.5 of this Code shall apply to any dismissal
9		sought under Section 24-16.5 of this Code.
10		(1) If a dismissal of a teacher in contractual
11		continued service is sought for any reason or cause other
12		than an honorable dismissal under subsections (a) or (b)
13		of this Section or a dismissal sought under Section
14		24-16.5 of this Code, including those under Section
15		10-22.4, the board must first approve a motion containing
16		specific charges by a majority vote of all its members.
17		Written notice of such charges, including a bill of
18		particulars and the teacher's right to request a hearing,
19		must be mailed to the teacher and also given to the teacher
20		either by electronic mail, certified mail, return receipt
21		requested, or personal delivery with receipt within 5 days
22		of the adoption of the motion. Any written notice sent on
23		or after July 1, 2012 shall inform the teacher of the right
24		to request a hearing before a mutually selected hearing
25		officer, with the cost of the hearing officer split
26		equally between the teacher and the board, or a hearing

HB4844 Engrossed - 1041 - LRB103 39009 AMC 69146 b
1		before a board-selected hearing officer, with the cost of
2		the hearing officer paid by the board.
3		Before setting a hearing on charges stemming from
4		causes that are considered remediable, a board must give
5		the teacher reasonable warning in writing, stating
6		specifically the causes that, if not removed, may result
7		in charges; however, no such written warning is required
8		if the causes have been the subject of a remediation plan
9		pursuant to Article 24A of this Code.
10		If, in the opinion of the board, the interests of the
11		school require it, the board may suspend the teacher
12		without pay, pending the hearing, but if the board's
13		dismissal or removal is not sustained, the teacher shall
14		not suffer the loss of any salary or benefits by reason of
15		the suspension.
16		(2) No hearing upon the charges is required unless the
17		teacher within 17 days after receiving notice requests in
18		writing of the board that a hearing be scheduled before a
19		mutually selected hearing officer or a hearing officer
20		selected by the board. The secretary of the school board
21		shall forward a copy of the notice to the State Board of
22		Education.
23		(3) Within 5 business days after receiving a notice of
24		hearing in which either notice to the teacher was sent
25		before July 1, 2012 or, if the notice was sent on or after
26		July 1, 2012, the teacher has requested a hearing before a

HB4844 Engrossed - 1042 - LRB103 39009 AMC 69146 b
1		mutually selected hearing officer, the State Board of
2		Education shall provide a list of 5 prospective, impartial
3		hearing officers from the master list of qualified,
4		impartial hearing officers maintained by the State Board
5		of Education. Each person on the master list must (i) be
6		accredited by a national arbitration organization and have
7		had a minimum of 5 years of experience directly related to
8		labor and employment relations matters between employers
9		and employees or their exclusive bargaining
10		representatives and (ii) beginning September 1, 2012, have
11		participated in training provided or approved by the State
12		Board of Education for teacher dismissal hearing officers
13		so that he or she is familiar with issues generally
14		involved in evaluative and non-evaluative dismissals.
15		If notice to the teacher was sent before July 1, 2012
16		or, if the notice was sent on or after July 1, 2012, the
17		teacher has requested a hearing before a mutually selected
18		hearing officer, the board and the teacher or their legal
19		representatives within 3 business days shall alternately
20		strike one name from the list provided by the State Board
21		of Education until only one name remains. Unless waived by
22		the teacher, the teacher shall have the right to proceed
23		first with the striking. Within 3 business days of receipt
24		of the list provided by the State Board of Education, the
25		board and the teacher or their legal representatives shall
26		each have the right to reject all prospective hearing

HB4844 Engrossed - 1043 - LRB103 39009 AMC 69146 b
1		officers named on the list and notify the State Board of
2		Education of such rejection. Within 3 business days after
3		receiving this notification, the State Board of Education
4		shall appoint a qualified person from the master list who
5		did not appear on the list sent to the parties to serve as
6		the hearing officer, unless the parties notify it that
7		they have chosen to alternatively select a hearing officer
8		under paragraph (4) of this subsection (d).
9		If the teacher has requested a hearing before a
10		hearing officer selected by the board, the board shall
11		select one name from the master list of qualified
12		impartial hearing officers maintained by the State Board
13		of Education within 3 business days after receipt and
14		shall notify the State Board of Education of its
15		selection.
16		A hearing officer mutually selected by the parties,
17		selected by the board, or selected through an alternative
18		selection process under paragraph (4) of this subsection
19		(d) (A) must not be a resident of the school district, (B)
20		must be available to commence the hearing within 75 days
21		and conclude the hearing within 120 days after being
22		selected as the hearing officer, and (C) must issue a
23		decision as to whether the teacher must be dismissed and
24		give a copy of that decision to both the teacher and the
25		board within 30 days from the conclusion of the hearing or
26		closure of the record, whichever is later.

HB4844 Engrossed - 1044 - LRB103 39009 AMC 69146 b
1		Any hearing convened during a public health emergency
2		pursuant to Section 7 of the Illinois Emergency Management
3		Agency Act may be convened remotely. Any hearing officer
4		for a hearing convened during a public health emergency
5		pursuant to Section 7 of the Illinois Emergency Management
6		Agency Act may voluntarily withdraw from the hearing and
7		another hearing officer shall be selected or appointed
8		pursuant to this Section.
9		In this paragraph, "pre-hearing procedures" refers to
10		the pre-hearing procedures under Section 51.55 of Title 23
11		of the Illinois Administrative Code and "hearing" refers
12		to the hearing under Section 51.60 of Title 23 of the
13		Illinois Administrative Code. Any teacher who has been
14		charged with engaging in acts of corporal punishment,
15		physical abuse, grooming, or sexual misconduct and who
16		previously paused pre-hearing procedures or a hearing
17		pursuant to Public Act 101-643 must proceed with selection
18		of a hearing officer or hearing date, or both, within the
19		timeframes established by this paragraph (3) and
20		paragraphs (4) through (6) of this subsection (d), unless
21		the timeframes are mutually waived in writing by both
22		parties, and all timelines set forth in this Section in
23		cases concerning corporal punishment, physical abuse,
24		grooming, or sexual misconduct shall be reset to begin the
25		day after April 22, 2022 (the effective date of Public Act
26		102-708) this amendatory Act of the 102nd General

HB4844 Engrossed - 1045 - LRB103 39009 AMC 69146 b
1		Assembly. Any teacher charged with engaging in acts of
2		corporal punishment, physical abuse, grooming, or sexual
3		misconduct on or after April 22, 2022 (the effective date
4		of Public Act 102-708) this amendatory Act of the 102nd
5		General Assembly may not pause pre-hearing procedures or a
6		hearing.
7		(4) In the alternative to selecting a hearing officer
8		from the list received from the State Board of Education
9		or accepting the appointment of a hearing officer by the
10		State Board of Education or if the State Board of
11		Education cannot provide a list or appoint a hearing
12		officer that meets the foregoing requirements, the board
13		and the teacher or their legal representatives may
14		mutually agree to select an impartial hearing officer who
15		is not on the master list either by direct appointment by
16		the parties or by using procedures for the appointment of
17		an arbitrator established by the Federal Mediation and
18		Conciliation Service or the American Arbitration
19		Association. The parties shall notify the State Board of
20		Education of their intent to select a hearing officer
21		using an alternative procedure within 3 business days of
22		receipt of a list of prospective hearing officers provided
23		by the State Board of Education, notice of appointment of
24		a hearing officer by the State Board of Education, or
25		receipt of notice from the State Board of Education that
26		it cannot provide a list that meets the foregoing

HB4844 Engrossed - 1046 - LRB103 39009 AMC 69146 b
1		requirements, whichever is later.
2		(5) If the notice of dismissal was sent to the teacher
3		before July 1, 2012, the fees and costs for the hearing
4		officer must be paid by the State Board of Education. If
5		the notice of dismissal was sent to the teacher on or after
6		July 1, 2012, the hearing officer's fees and costs must be
7		paid as follows in this paragraph (5). The fees and
8		permissible costs for the hearing officer must be
9		determined by the State Board of Education. If the board
10		and the teacher or their legal representatives mutually
11		agree to select an impartial hearing officer who is not on
12		a list received from the State Board of Education, they
13		may agree to supplement the fees determined by the State
14		Board to the hearing officer, at a rate consistent with
15		the hearing officer's published professional fees. If the
16		hearing officer is mutually selected by the parties, then
17		the board and the teacher or their legal representatives
18		shall each pay 50% of the fees and costs and any
19		supplemental allowance to which they agree. If the hearing
20		officer is selected by the board, then the board shall pay
21		100% of the hearing officer's fees and costs. The fees and
22		costs must be paid to the hearing officer within 14 days
23		after the board and the teacher or their legal
24		representatives receive the hearing officer's decision set
25		forth in paragraph (7) of this subsection (d).
26		(6) The teacher is required to answer the bill of

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1		particulars and aver affirmative matters in his or her
2		defense, and the time for initially doing so and the time
3		for updating such answer and defenses after pre-hearing
4		discovery must be set by the hearing officer. The State
5		Board of Education shall promulgate rules so that each
6		party has a fair opportunity to present its case and to
7		ensure that the dismissal process proceeds in a fair and
8		expeditious manner. These rules shall address, without
9		limitation, discovery and hearing scheduling conferences;
10		the teacher's initial answer and affirmative defenses to
11		the bill of particulars and the updating of that
12		information after pre-hearing discovery; provision for
13		written interrogatories and requests for production of
14		documents; the requirement that each party initially
15		disclose to the other party and then update the disclosure
16		no later than 10 calendar days prior to the commencement
17		of the hearing, the names and addresses of persons who may
18		be called as witnesses at the hearing, a summary of the
19		facts or opinions each witness will testify to, and all
20		other documents and materials, including information
21		maintained electronically, relevant to its own as well as
22		the other party's case (the hearing officer may exclude
23		witnesses and exhibits not identified and shared, except
24		those offered in rebuttal for which the party could not
25		reasonably have anticipated prior to the hearing);
26		pre-hearing discovery and preparation, including provision

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1		for written interrogatories and requests for production of
2		documents, provided that discovery depositions are
3		prohibited; the conduct of the hearing; the right of each
4		party to be represented by counsel, the offer of evidence
5		and witnesses and the cross-examination of witnesses; the
6		authority of the hearing officer to issue subpoenas and
7		subpoenas duces tecum, provided that the hearing officer
8		may limit the number of witnesses to be subpoenaed on
9		behalf of each party to no more than 7; the length of
10		post-hearing briefs; and the form, length, and content of
11		hearing officers' decisions. The hearing officer shall
12		hold a hearing and render a final decision for dismissal
13		pursuant to Article 24A of this Code or shall report to the
14		school board findings of fact and a recommendation as to
15		whether or not the teacher must be dismissed for conduct.
16		The hearing officer shall commence the hearing within 75
17		days and conclude the hearing within 120 days after being
18		selected as the hearing officer, provided that the hearing
19		officer may modify these timelines upon the showing of
20		good cause or mutual agreement of the parties. Good cause
21		for the purpose of this subsection (d) shall mean the
22		illness or otherwise unavoidable emergency of the teacher,
23		district representative, their legal representatives, the
24		hearing officer, or an essential witness as indicated in
25		each party's pre-hearing submission. In a dismissal
26		hearing pursuant to Article 24A of this Code in which a

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1		witness is a student or is under the age of 18, the hearing
2		officer must make accommodations for the witness, as
3		provided under paragraph (6.5) of this subsection. The
4		hearing officer shall consider and give weight to all of
5		the teacher's evaluations written pursuant to Article 24A
6		that are relevant to the issues in the hearing.
7		Each party shall have no more than 3 days to present
8		its case, unless extended by the hearing officer to enable
9		a party to present adequate evidence and testimony,
10		including due to the other party's cross-examination of
11		the party's witnesses, for good cause or by mutual
12		agreement of the parties. The State Board of Education
13		shall define in rules the meaning of "day" for such
14		purposes. All testimony at the hearing shall be taken
15		under oath administered by the hearing officer. The
16		hearing officer shall cause a record of the proceedings to
17		be kept and shall employ a competent reporter to take
18		stenographic or stenotype notes of all the testimony. The
19		costs of the reporter's attendance and services at the
20		hearing shall be paid by the party or parties who are
21		responsible for paying the fees and costs of the hearing
22		officer. Either party desiring a transcript of the hearing
23		shall pay for the cost thereof. Any post-hearing briefs
24		must be submitted by the parties by no later than 21 days
25		after a party's receipt of the transcript of the hearing,
26		unless extended by the hearing officer for good cause or

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1		by mutual agreement of the parties.
2		(6.5) In the case of charges involving any witness who
3		is or was at the time of the alleged conduct a student or a
4		person under the age of 18, the hearing officer shall make
5		accommodations to protect a witness from being
6		intimidated, traumatized, or re-traumatized. No alleged
7		victim or other witness who is or was at the time of the
8		alleged conduct a student or under the age of 18 may be
9		compelled to testify in the physical or visual presence of
10		a teacher or other witness. If such a witness invokes this
11		right, then the hearing officer must provide an
12		accommodation consistent with the invoked right and use a
13		procedure by which each party may hear such witness's
14		witness' testimony. Accommodations may include, but are
15		not limited to: (i) testimony made via a telecommunication
16		device in a location other than the hearing room and
17		outside the physical or visual presence of the teacher and
18		other hearing participants, but accessible to the teacher
19		via a telecommunication device, (ii) testimony made in the
20		hearing room but outside the physical presence of the
21		teacher and accessible to the teacher via a
22		telecommunication device, (iii) non-public testimony, (iv)
23		testimony made via videoconference with the cameras and
24		microphones of the teacher turned off, or (v) pre-recorded
25		testimony, including, but not limited to, a recording of a
26		forensic interview conducted at an accredited Children's

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1		Advocacy Center. With all accommodations, the hearing
2		officer shall give such testimony the same consideration
3		as if the witness testified without the accommodation. The
4		teacher may not directly, or through a representative,
5		question a witness called by the school board who is or was
6		a student or under 18 years of age at the time of the
7		alleged conduct. The hearing officer must permit the
8		teacher to submit all relevant questions and follow-up
9		questions for such a witness to have the questions posed
10		by the hearing officer. All questions must exclude
11		evidence of the witness' sexual behavior or
12		predisposition, unless the evidence is offered to prove
13		that someone other than the teacher subject to the
14		dismissal hearing engaged in the charge at issue.
15		(7) The hearing officer shall, within 30 days from the
16		conclusion of the hearing or closure of the record,
17		whichever is later, make a decision as to whether or not
18		the teacher shall be dismissed pursuant to Article 24A of
19		this Code or report to the school board findings of fact
20		and a recommendation as to whether or not the teacher
21		shall be dismissed for cause and shall give a copy of the
22		decision or findings of fact and recommendation to both
23		the teacher and the school board. If a hearing officer
24		fails without good cause, specifically provided in writing
25		to both parties and the State Board of Education, to
26		render a decision or findings of fact and recommendation

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1		within 30 days after the hearing is concluded or the
2		record is closed, whichever is later, the parties may
3		mutually agree to select a hearing officer pursuant to the
4		alternative procedure, as provided in this Section, to
5		rehear the charges heard by the hearing officer who failed
6		to render a decision or findings of fact and
7		recommendation or to review the record and render a
8		decision. If any hearing officer fails without good cause,
9		specifically provided in writing to both parties and the
10		State Board of Education, to render a decision or findings
11		of fact and recommendation within 30 days after the
12		hearing is concluded or the record is closed, whichever is
13		later, or if any hearing officer fails to make an
14		accommodation as described in paragraph (6.5), the hearing
15		officer shall be removed from the master list of hearing
16		officers maintained by the State Board of Education for
17		not more than 24 months. The parties and the State Board of
18		Education may also take such other actions as it deems
19		appropriate, including recovering, reducing, or
20		withholding any fees paid or to be paid to the hearing
21		officer. If any hearing officer repeats such failure, he
22		or she must be permanently removed from the master list
23		maintained by the State Board of Education and may not be
24		selected by parties through the alternative selection
25		process under this paragraph (7) or paragraph (4) of this
26		subsection (d). The board shall not lose jurisdiction to

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1		discharge a teacher if the hearing officer fails to render
2		a decision or findings of fact and recommendation within
3		the time specified in this Section. If the decision of the
4		hearing officer for dismissal pursuant to Article 24A of
5		this Code or of the school board for dismissal for cause is
6		in favor of the teacher, then the hearing officer or
7		school board shall order reinstatement to the same or
8		substantially equivalent position and shall determine the
9		amount for which the school board is liable, including,
10		but not limited to, loss of income and benefits.
11		(8) The school board, within 45 days after receipt of
12		the hearing officer's findings of fact and recommendation
13		as to whether (i) the conduct at issue occurred, (ii) the
14		conduct that did occur was remediable, and (iii) the
15		proposed dismissal should be sustained, shall issue a
16		written order as to whether the teacher must be retained
17		or dismissed for cause from its employ. The school board's
18		written order shall incorporate the hearing officer's
19		findings of fact, except that the school board may modify
20		or supplement the findings of fact if, in its opinion, the
21		findings of fact are against the manifest weight of the
22		evidence.
23		If the school board dismisses the teacher
24		notwithstanding the hearing officer's findings of fact and
25		recommendation, the school board shall make a conclusion
26		in its written order, giving its reasons therefor, and

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1		such conclusion and reasons must be included in its
2		written order. The failure of the school board to strictly
3		adhere to the timelines contained in this Section shall
4		not render it without jurisdiction to dismiss the teacher.
5		The school board shall not lose jurisdiction to discharge
6		the teacher for cause if the hearing officer fails to
7		render a recommendation within the time specified in this
8		Section. The decision of the school board is final, unless
9		reviewed as provided in paragraph (9) of this subsection
10		(d).
11		If the school board retains the teacher, the school
12		board shall enter a written order stating the amount of
13		back pay and lost benefits, less mitigation, to be paid to
14		the teacher, within 45 days after its retention order.
15		Should the teacher object to the amount of the back pay and
16		lost benefits or amount mitigated, the teacher shall give
17		written objections to the amount within 21 days. If the
18		parties fail to reach resolution within 7 days, the
19		dispute shall be referred to the hearing officer, who
20		shall consider the school board's written order and
21		teacher's written objection and determine the amount to
22		which the school board is liable. The costs of the hearing
23		officer's review and determination must be paid by the
24		board.
25		(9) The decision of the hearing officer pursuant to
26		Article 24A of this Code or of the school board's decision

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1		to dismiss for cause is final unless reviewed as provided
2		in Section 24-16 of this Code. If the school board's
3		decision to dismiss for cause is contrary to the hearing
4		officer's recommendation, the court on review shall give
5		consideration to the school board's decision and its
6		supplemental findings of fact, if applicable, and the
7		hearing officer's findings of fact and recommendation in
8		making its decision. In the event such review is
9		instituted, the school board shall be responsible for
10		preparing and filing the record of proceedings, and such
11		costs associated therewith must be divided equally between
12		the parties.
13		(10) If a decision of the hearing officer for
14		dismissal pursuant to Article 24A of this Code or of the
15		school board for dismissal for cause is adjudicated upon
16		review or appeal in favor of the teacher, then the trial
17		court shall order reinstatement and shall remand the
18		matter to the school board with direction for entry of an
19		order setting the amount of back pay, lost benefits, and
20		costs, less mitigation. The teacher may challenge the
21		school board's order setting the amount of back pay, lost
22		benefits, and costs, less mitigation, through an expedited
23		arbitration procedure, with the costs of the arbitrator
24		borne by the school board.
25		Any teacher who is reinstated by any hearing or
26		adjudication brought under this Section shall be assigned

HB4844 Engrossed - 1056 - LRB103 39009 AMC 69146 b
1		by the board to a position substantially similar to the
2		one which that teacher held prior to that teacher's
3		suspension or dismissal.
4		(11) Subject to any later effective date referenced in
5		this Section for a specific aspect of the dismissal
6		process, the changes made by Public Act 97-8 shall apply
7		to dismissals instituted on or after September 1, 2011.
8		Any dismissal instituted prior to September 1, 2011 must
9		be carried out in accordance with the requirements of this
10		Section prior to amendment by Public Act 97-8.
11		(e) Nothing contained in Public Act 98-648 repeals,
12		supersedes, invalidates, or nullifies final decisions in
13		lawsuits pending on July 1, 2014 (the effective date of Public
14		Act 98-648) in Illinois courts involving the interpretation of
15		Public Act 97-8.
16		(Source: P.A. 102-708, eff. 4-22-22; 103-354, eff. 1-1-24;
17		103-398, eff. 1-1-24; 103-500, eff. 8-4-23; revised 8-30-23.)
18		(105 ILCS 5/24A-5) (from Ch. 122, par. 24A-5)
19		Sec. 24A-5. Content of evaluation plans. This Section
20		does not apply to teachers assigned to schools identified in
21		an agreement entered into between the board of a school
22		district operating under Article 34 of this Code and the
23		exclusive representative of the district's teachers in
24		accordance with Section 34-85c of this Code.
25		Each school district to which this Article applies shall

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1		establish a teacher evaluation plan which ensures that each
2		teacher in contractual continued service is evaluated at least
3		once in the course of every 2 or 3 school years as provided in
4		this Section.
5		Each school district shall establish a teacher evaluation
6		plan that ensures that:
7		(1) each teacher not in contractual continued service
8		is evaluated at least once every school year; and
9		(2) except as otherwise provided in this Section, each
10		teacher in contractual continued service is evaluated at
11		least once in the course of every 2 school years. However,
12		any teacher in contractual continued service whose
13		performance is rated as either "needs improvement" or
14		"unsatisfactory" must be evaluated at least once in the
15		school year following the receipt of such rating.
16		No later than September 1, 2022, each school district must
17		establish a teacher evaluation plan that ensures that each
18		teacher in contractual continued service whose performance is
19		rated as either "excellent" or "proficient" is evaluated at
20		least once in the course of the 3 school years after receipt of
21		the rating and implement an informal teacher observation plan
22		established by agency rule and by agreement of the joint
23		committee established under subsection (b) of Section 24A-4 of
24		this Code that ensures that each teacher in contractual
25		continued service whose performance is rated as either
26		"excellent" or "proficient" is informally observed at least

HB4844 Engrossed - 1058 - LRB103 39009 AMC 69146 b
1		once in the course of the 2 school years after receipt of the
2		rating.
3		For the 2022-2023 school year only, if the Governor has
4		declared a disaster due to a public health emergency pursuant
5		to Section 7 of the Illinois Emergency Management Agency Act,
6		a school district may waive the evaluation requirement of all
7		teachers in contractual continued service whose performances
8		were rated as either "excellent" or "proficient" during the
9		last school year in which the teachers were evaluated under
10		this Section.
11		Notwithstanding anything to the contrary in this Section
12		or any other Section of this Code, a principal shall not be
13		prohibited from evaluating any teachers within a school during
14		his or her first year as principal of such school. If a
15		first-year principal exercises this option in a school
16		district where the evaluation plan provides for a teacher in
17		contractual continued service to be evaluated once in the
18		course of every 2 or 3 school years, as applicable, then a new
19		2-year or 3-year evaluation plan must be established.
20		The evaluation plan shall comply with the requirements of
21		this Section and of any rules adopted by the State Board of
22		Education pursuant to this Section.
23		The plan shall include a description of each teacher's
24		duties and responsibilities and of the standards to which that
25		teacher is expected to conform, and shall include at least the
26		following components:

HB4844 Engrossed - 1059 - LRB103 39009 AMC 69146 b
1		(a) personal observation of the teacher in the
2		classroom by the evaluator, unless the teacher has no
3		classroom duties.
4		(b) consideration of the teacher's attendance,
5		planning, instructional methods, classroom management,
6		where relevant, and competency in the subject matter
7		taught.
8		(c) by no later than the applicable implementation
9		date, consideration of student growth as a significant
10		factor in the rating of the teacher's performance.
11		(d) prior to September 1, 2012, rating of the
12		performance of teachers in contractual continued service
13		as either:
14		(i) "excellent", "satisfactory" or
15		"unsatisfactory"; or
16		(ii) "excellent", "proficient", "needs
17		improvement" or "unsatisfactory".
18		(e) on and after September 1, 2012, rating of the
19		performance of all teachers as "excellent", "proficient",
20		"needs improvement" or "unsatisfactory".
21		(f) specification as to the teacher's strengths and
22		weaknesses, with supporting reasons for the comments made.
23		(g) inclusion of a copy of the evaluation in the
24		teacher's personnel file and provision of a copy to the
25		teacher.
26		(h) within 30 school days after the completion of an

HB4844 Engrossed - 1060 - LRB103 39009 AMC 69146 b
1		evaluation rating a teacher in contractual continued
2		service as "needs improvement", development by the
3		evaluator, in consultation with the teacher, and taking
4		into account the teacher's on-going professional
5		responsibilities including his or her regular teaching
6		assignments, of a professional development plan directed
7		to the areas that need improvement and any supports that
8		the district will provide to address the areas identified
9		as needing improvement.
10		(i) within 30 school days after completion of an
11		evaluation rating a teacher in contractual continued
12		service as "unsatisfactory", development and commencement
13		by the district of a remediation plan designed to correct
14		deficiencies cited, provided the deficiencies are deemed
15		remediable. In all school districts the remediation plan
16		for unsatisfactory, tenured teachers shall provide for 90
17		school days of remediation within the classroom, unless an
18		applicable collective bargaining agreement provides for a
19		shorter duration. In all school districts evaluations
20		issued pursuant to this Section shall be issued within 10
21		days after the conclusion of the respective remediation
22		plan. However, the school board or other governing
23		authority of the district shall not lose jurisdiction to
24		discharge a teacher in the event the evaluation is not
25		issued within 10 days after the conclusion of the
26		respective remediation plan.

HB4844 Engrossed - 1061 - LRB103 39009 AMC 69146 b
1		(j) participation in the remediation plan by the
2		teacher in contractual continued service rated
3		"unsatisfactory", an evaluator and a consulting teacher
4		selected by the evaluator of the teacher who was rated
5		"unsatisfactory", which consulting teacher is an
6		educational employee as defined in the Illinois
7		Educational Labor Relations Act, has at least 5 years'
8		teaching experience, and a reasonable familiarity with the
9		assignment of the teacher being evaluated, and who
10		received an "excellent" rating on his or her most recent
11		evaluation. Where no teachers who meet these criteria are
12		available within the district, the district shall request
13		and the applicable regional office of education shall
14		supply, to participate in the remediation process, an
15		individual who meets these criteria.
16		In a district having a population of less than 500,000
17		with an exclusive bargaining agent, the bargaining agent
18		may, if it so chooses, supply a roster of qualified
19		teachers from whom the consulting teacher is to be
20		selected. That roster shall, however, contain the names of
21		at least 5 teachers, each of whom meets the criteria for
22		consulting teacher with regard to the teacher being
23		evaluated, or the names of all teachers so qualified if
24		that number is less than 5. In the event of a dispute as to
25		qualification, the State Board shall determine
26		qualification.

HB4844 Engrossed - 1062 - LRB103 39009 AMC 69146 b
1		(k) a mid-point and final evaluation by an evaluator
2		during and at the end of the remediation period,
3		immediately following receipt of a remediation plan
4		provided for under subsections (i) and (j) of this
5		Section. Each evaluation shall assess the teacher's
6		performance during the time period since the prior
7		evaluation; provided that the last evaluation shall also
8		include an overall evaluation of the teacher's performance
9		during the remediation period. A written copy of the
10		evaluations and ratings, in which any deficiencies in
11		performance and recommendations for correction are
12		identified, shall be provided to and discussed with the
13		teacher within 10 school days after the date of the
14		evaluation, unless an applicable collective bargaining
15		agreement provides to the contrary. These subsequent
16		evaluations shall be conducted by an evaluator. The
17		consulting teacher shall provide advice to the teacher
18		rated "unsatisfactory" on how to improve teaching skills
19		and to successfully complete the remediation plan. The
20		consulting teacher shall participate in developing the
21		remediation plan, but the final decision as to the
22		evaluation shall be done solely by the evaluator, unless
23		an applicable collective bargaining agreement provides to
24		the contrary. Evaluations at the conclusion of the
25		remediation process shall be separate and distinct from
26		the required annual evaluations of teachers and shall not

HB4844 Engrossed - 1063 - LRB103 39009 AMC 69146 b
1		be subject to the guidelines and procedures relating to
2		those annual evaluations. The evaluator may but is not
3		required to use the forms provided for the annual
4		evaluation of teachers in the district's evaluation plan.
5		(l) reinstatement to the evaluation schedule set forth
6		in the district's evaluation plan for any teacher in
7		contractual continued service who achieves a rating equal
8		to or better than "satisfactory" or "proficient" in the
9		school year following a rating of "needs improvement" or
10		"unsatisfactory".
11		(m) dismissal in accordance with subsection (d) of
12		Section 24-12 or Section 24-16.5 or 34-85 of this Code of
13		any teacher who fails to complete any applicable
14		remediation plan with a rating equal to or better than a
15		"satisfactory" or "proficient" rating. Districts and
16		teachers subject to dismissal hearings are precluded from
17		compelling the testimony of consulting teachers at such
18		hearings under subsection (d) of Section 24-12 or Section
19		24-16.5 or 34-85 of this Code, either as to the rating
20		process or for opinions of performances by teachers under
21		remediation.
22		(n) After the implementation date of an evaluation
23		system for teachers in a district as specified in Section
24		24A-2.5 of this Code, if a teacher in contractual
25		continued service successfully completes a remediation
26		plan following a rating of "unsatisfactory" in an overall

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1		performance evaluation received after the foregoing
2		implementation date and receives a subsequent rating of
3		"unsatisfactory" in any of the teacher's overall
4		performance evaluation ratings received during the
5		36-month period following the teacher's completion of the
6		remediation plan, then the school district may forgo
7		forego remediation and seek dismissal in accordance with
8		subsection (d) of Section 24-12 or Section 34-85 of this
9		Code.
10		(o) Teachers who are due to be evaluated in the last
11		year before they are set to retire shall be offered the
12		opportunity to waive their evaluation and to retain their
13		most recent rating, unless the teacher was last rated as
14		"needs improvement" or "unsatisfactory". The school
15		district may still reserve the right to evaluate a teacher
16		provided the district gives notice to the teacher at least
17		14 days before the evaluation and a reason for evaluating
18		the teacher.
19		Nothing in this Section or Section 24A-4 shall be
20		construed as preventing immediate dismissal of a teacher for
21		deficiencies which are deemed irremediable or for actions
22		which are injurious to or endanger the health or person of
23		students in the classroom or school, or preventing the
24		dismissal or non-renewal of teachers not in contractual
25		continued service for any reason not prohibited by applicable
26		employment, labor, and civil rights laws. Failure to strictly

HB4844 Engrossed - 1065 - LRB103 39009 AMC 69146 b
1		comply with the time requirements contained in Section 24A-5
2		shall not invalidate the results of the remediation plan.
3		Nothing contained in Public Act 98-648 this amendatory Act
4		of the 98th General Assembly repeals, supersedes, invalidates,
5		or nullifies final decisions in lawsuits pending on July 1,
6		2014 (the effective date of Public Act 98-648) this amendatory
7		Act of the 98th General Assembly in Illinois courts involving
8		the interpretation of Public Act 97-8.
9		If the Governor has declared a disaster due to a public
10		health emergency pursuant to Section 7 of the Illinois
11		Emergency Management Agency Act that suspends in-person
12		instruction, the timelines in this Section connected to the
13		commencement and completion of any remediation plan are
14		waived. Except if the parties mutually agree otherwise and the
15		agreement is in writing, any remediation plan that had been in
16		place for more than 45 days prior to the suspension of
17		in-person instruction shall resume when in-person instruction
18		resumes and any remediation plan that had been in place for
19		fewer than 45 days prior to the suspension of in-person
20		instruction shall be discontinued and a new remediation period
21		shall begin when in-person instruction resumes. The
22		requirements of this paragraph apply regardless of whether
23		they are included in a school district's teacher evaluation
24		plan.
25		(Source: P.A. 102-252, eff. 1-1-22; 102-729, eff. 5-6-22;
26		103-85, eff. 6-9-23; revised 9-20-23.)

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1		(105 ILCS 5/26A-40)
2		(This Section may contain text from a Public Act with a
3		delayed effective date)
4		Sec. 26A-40. Support and services.
5		(a) To facilitate the full participation of students who
6		are parents, expectant parents, or victims of domestic or
7		sexual violence, each school district must provide those
8		students with in-school support services and information
9		regarding nonschool-based support services, and the ability to
10		make up work missed on account of circumstances related to the
11		student's status as a parent, expectant parent, or victim of
12		domestic or sexual violence. Victims of domestic or sexual
13		violence must have access to those supports and services
14		regardless of when or where the violence for which they are
15		seeking supports and services occurred. All supports and
16		services must be offered for as long as necessary to maintain
17		the mental and physical well-being and safety of the student.
18		Schools may periodically check on students receiving supports
19		and services to determine whether each support and service
20		continues to be necessary to maintain the mental and physical
21		well-being and safety of the student or whether termination is
22		appropriate.
23		(b) Supports provided under subsection (a) shall include,
24		but are not limited to (i) the provision of sufficiently
25		private settings to ensure confidentiality and time off from

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1		class for meetings with counselors or other service providers,
2		(ii) assisting the student with a student success plan, (iii)
3		transferring a victim of domestic or sexual violence or the
4		student perpetrator to a different classroom or school, if
5		available, (iv) changing a seating assignment, (v)
6		implementing in-school, school grounds, and bus safety
7		procedures, (vi) honoring court orders, including orders of
8		protection and no-contact orders to the fullest extent
9		possible, and (vii) providing any other supports that may
10		facilitate the full participation in the regular education
11		program of students who are parents, expectant parents, or
12		victims of domestic or sexual violence.
13		(c) If a student who is a parent, expectant parent, or
14		victim of domestic or sexual violence is a student at risk of
15		academic failure or displays poor academic performance, the
16		student or the student's parent or guardian may request that
17		the school district provide the student with or refer the
18		student to education and support services designed to assist
19		the student in meeting State learning standards. A school
20		district may either provide education or support services
21		directly or may collaborate with public or private State,
22		local, or community-based organizations or agencies that
23		provide these services. A school district must also inform
24		those students about support services of nonschool-based
25		organizations and agencies from which those students typically
26		receive services in the community.

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1		(d) Any student who is unable, because of circumstances
2		related to the student's status as a parent, expectant parent,
3		or victim of domestic or sexual violence, to participate in
4		classes on a particular day or days or at the particular time
5		of day must be excused in accordance with the procedures set
6		forth in this Code. Upon student or parent or guardian's
7		request, the teachers and of the school administrative
8		personnel and officials shall make available to each student
9		who is unable to participate because of circumstances related
10		to the student's status as a parent, expectant parent, or
11		victim of domestic or sexual violence a meaningful opportunity
12		to make up any examination, study, or work requirement that
13		the student has missed because of the inability to participate
14		on any particular day or days or at any particular time of day.
15		For a student receiving homebound instruction, it is the
16		responsibility of the student and parent to work with the
17		school or school district to meet academic standards for
18		matriculation, as defined by school district policy. Costs
19		assessed by the school district on the student for
20		participation in those activities shall be considered waivable
21		fees for any student whose parent or guardian is unable to
22		afford them, consistent with Section 10-20.13. Each school
23		district must adopt written policies for waiver of those fees
24		in accordance with rules adopted by the State Board of
25		Education.
26		(e) If a school or school district employee or agent

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1		becomes aware of or suspects a student's status as a parent,
2		expectant parent, or victim of domestic or sexual violence, it
3		is the responsibility of the employee or agent of the school or
4		school district to refer the student to the school district's
5		domestic or sexual violence and parenting resource personnel
6		set forth in Section 26A-35. A school district must make
7		respecting a student's privacy, confidentiality, mental and
8		physical health, and safety a paramount concern.
9		(f) Each school must honor a student's and a parent's or
10		guardian's decision to obtain education and support services
11		and nonschool-based support services, to terminate the receipt
12		of those education and support services, or nonschool-based
13		support services, or to decline participation in those
14		education and support services, or nonschool-based support
15		services. No student is obligated to use education and support
16		services, or nonschool-based support services. In developing
17		educational support services, the privacy, mental and physical
18		health, and safety of the student shall be of paramount
19		concern. No adverse or prejudicial effects may result to any
20		student because of the student's availing of or declining the
21		provisions of this Section as long as the student is working
22		with the school to meet academic standards for matriculation
23		as defined by school district policy.
24		(g) Any support services must be available in any school
25		or by home or hospital instruction to the highest quality and
26		fullest extent possible for the individual setting.

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1		(h) School-based counseling services, if available, must
2		be offered to students who are parents, expectant parents, or
3		victims of domestic or sexual violence consistent with the
4		Mental Health and Developmental Disabilities Code. At least
5		once every school year, each school district must inform, in
6		writing, all school personnel and all students 12 years of age
7		or older of the availability of counseling without parental or
8		guardian consent under Section 3-5A-105 (to be renumbered as
9		Section 3-550 in a revisory bill as of the effective date of
10		this amendatory Act of the 102nd General Assembly) of the
11		Mental Health and Developmental Disabilities Code. This
12		information must also be provided to students immediately
13		after any school personnel becomes aware that a student is a
14		parent, expectant parent, or victim of domestic or sexual
15		violence.
16		(i) All domestic or sexual violence organizations and
17		their staff and any other nonschool organization and its staff
18		shall maintain confidentiality under federal and State laws
19		and their professional ethics policies regardless of when or
20		where information, advice, counseling, or any other
21		interaction with students takes place. A school or school
22		district may not request or require those organizations or
23		individuals to breach confidentiality.
24		(Source: P.A. 102-466, eff. 7-1-25; revised 4-3-23.)
25		(105 ILCS 5/27-23.1) (from Ch. 122, par. 27-23.1)

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1		Sec. 27-23.1. Parenting education.
2		(a) The State Board of Education must assist each school
3		district that offers an evidence-based parenting education
4		model. School districts may provide instruction in parenting
5		education for grades 6 through 12 and include such instruction
6		in the courses of study regularly taught therein. School
7		districts may give regular school credit for satisfactory
8		completion by the student of such courses.
9		As used in this subsection (a), "parenting education"
10		means and includes instruction in the following:
11		(1) Child growth and development, including prenatal
12		development.
13		(2) Childbirth and child care.
14		(3) Family structure, function, and management.
15		(4) Prenatal and postnatal care for mothers and
16		infants.
17		(5) Prevention of child abuse.
18		(6) The physical, mental, emotional, social, economic,
19		and psychological aspects of interpersonal and family
20		relationships.
21		(7) Parenting skill development.
22		The State Board of Education shall assist those districts
23		offering parenting education instruction, upon request, in
24		developing instructional materials, training teachers, and
25		establishing appropriate time allotments for each of the areas
26		included in such instruction.

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1		School districts may offer parenting education courses
2		during that period of the day which is not part of the regular
3		school day. Residents of the school district may enroll in
4		such courses. The school board may establish fees and collect
5		such charges as may be necessary for attendance at such
6		courses in an amount not to exceed the per capita cost of the
7		operation thereof, except that the board may waive all or part
8		of such charges if it determines that the individual is
9		indigent or that the educational needs of the individual
10		requires his or her attendance at such courses.
11		(b) Beginning with the 2019-2020 school year, from
12		appropriations made for the purposes of this Section, the
13		State Board of Education shall implement and administer a
14		7-year pilot program supporting the health and wellness
15		student-learning requirement by utilizing a unit of
16		instruction on parenting education in participating school
17		districts that maintain grades 9 through 12, to be determined
18		by the participating school districts. The program is
19		encouraged to include, but is not be limited to, instruction
20		on (i) family structure, function, and management, (ii) the
21		prevention of child abuse, (iii) the physical, mental,
22		emotional, social, economic, and psychological aspects of
23		interpersonal and family relationships, and (iv) parenting
24		education competency development that is aligned to the social
25		and emotional learning standards of the student's grade level.
26		Instruction under this subsection (b) may be included in the

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1		Comprehensive Health Education Program set forth under Section
2		3 of the Critical Health Problems and Comprehensive Health
3		Education Act. The State Board of Education is authorized to
4		make grants to school districts that apply to participate in
5		the pilot program under this subsection (b). The provisions of
6		this subsection (b), other than this sentence, are inoperative
7		at the conclusion of the pilot program.
8		(Source: P.A. 103-8, eff. 6-7-23; 103-175, eff. 6-30-23;
9		revised 9-5-23.)
10		(105 ILCS 5/27A-3)
11		Sec. 27A-3. Definitions. For purposes of this Article:
12		"At-risk pupil" means a pupil who, because of physical,
13		emotional, socioeconomic, or cultural factors, is less likely
14		to succeed in a conventional educational environment.
15		"Authorizer" means an entity authorized under this Article
16		to review applications, decide whether to approve or reject
17		applications, enter into charter contracts with applicants,
18		oversee charter schools, and decide whether to renew, not
19		renew, or revoke a charter.
20		"Local school board" means the duly elected or appointed
21		school board or board of education of a public school
22		district, including special charter districts and school
23		districts located in cities having a population of more than
24		500,000, organized under the laws of this State.
25		"State Board" means the State Board of Education.

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1		"Union neutrality clause" means a provision whereby a
2		charter school agrees: (1) to be neutral regarding the
3		unionization of any of its employees, such that the charter
4		school will not at any time express a position on the matter of
5		whether its employees will be unionized and such that the
6		charter school will not threaten, intimidate, discriminate
7		against, retaliate against, or take any adverse action against
8		any employees based on their decision to support or oppose
9		union representation; (2) to provide any bona fide labor
10		organization access at reasonable times to areas in which the
11		charter school's employees work for the purpose of meeting
12		with employees to discuss their right to representation,
13		employment rights under the law, and terms and conditions of
14		employment; and (3) that union recognition shall be through a
15		majority card check verified by a neutral third-party
16		arbitrator mutually selected by the charter school and the
17		bona fide labor organization through alternate striking from a
18		panel of arbitrators provided by the Federal Mediation and
19		Conciliation Service. As used in this definition, "bona fide
20		labor organization" means a labor organization recognized
21		under the National Labor Relations Act or the Illinois
22		Educational Labor Relations Act. As used in this definition,
23		"employees" means non-represented, non-management, and
24		non-confidential employees of a charter school.
25		(Source: P.A. 103-175, eff. 6-30-23; 103-416, eff. 8-4-23;
26		revised 9-5-23.)

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1		(105 ILCS 5/27A-5)
2		(Text of Section before amendment by P.A. 102-466 and
3		103-472)
4		Sec. 27A-5. Charter school; legal entity; requirements.
5		(a) A charter school shall be a public, nonsectarian,
6		nonreligious, non-home based, and non-profit school. A charter
7		school shall be organized and operated as a nonprofit
8		corporation or other discrete, legal, nonprofit entity
9		authorized under the laws of the State of Illinois.
10		(b) A charter school may be established under this Article
11		by creating a new school or by converting an existing public
12		school or attendance center to charter school status. In all
13		new applications to establish a charter school in a city
14		having a population exceeding 500,000, operation of the
15		charter school shall be limited to one campus. This limitation
16		does not apply to charter schools existing or approved on or
17		before April 16, 2003.
18		(b-5) (Blank).
19		(c) A charter school shall be administered and governed by
20		its board of directors or other governing body in the manner
21		provided in its charter. The governing body of a charter
22		school shall be subject to the Freedom of Information Act and
23		the Open Meetings Act. A charter school's board of directors
24		or other governing body must include at least one parent or
25		guardian of a pupil currently enrolled in the charter school

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1		who may be selected through the charter school or a charter
2		network election, appointment by the charter school's board of
3		directors or other governing body, or by the charter school's
4		Parent Teacher Organization or its equivalent.
5		(c-5) No later than January 1, 2021 or within the first
6		year of his or her first term, every voting member of a charter
7		school's board of directors or other governing body shall
8		complete a minimum of 4 hours of professional development
9		leadership training to ensure that each member has sufficient
10		familiarity with the board's or governing body's role and
11		responsibilities, including financial oversight and
12		accountability of the school, evaluating the principal's and
13		school's performance, adherence to the Freedom of Information
14		Act and the Open Meetings Act, and compliance with education
15		and labor law. In each subsequent year of his or her term, a
16		voting member of a charter school's board of directors or
17		other governing body shall complete a minimum of 2 hours of
18		professional development training in these same areas. The
19		training under this subsection may be provided or certified by
20		a statewide charter school membership association or may be
21		provided or certified by other qualified providers approved by
22		the State Board.
23		(d) For purposes of this subsection (d), "non-curricular
24		health and safety requirement" means any health and safety
25		requirement created by statute or rule to provide, maintain,
26		preserve, or safeguard safe or healthful conditions for

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1		students and school personnel or to eliminate, reduce, or
2		prevent threats to the health and safety of students and
3		school personnel. "Non-curricular health and safety
4		requirement" does not include any course of study or
5		specialized instructional requirement for which the State
6		Board has established goals and learning standards or which is
7		designed primarily to impart knowledge and skills for students
8		to master and apply as an outcome of their education.
9		A charter school shall comply with all non-curricular
10		health and safety requirements applicable to public schools
11		under the laws of the State of Illinois. The State Board shall
12		promulgate and post on its Internet website a list of
13		non-curricular health and safety requirements that a charter
14		school must meet. The list shall be updated annually no later
15		than September 1. Any charter contract between a charter
16		school and its authorizer must contain a provision that
17		requires the charter school to follow the list of all
18		non-curricular health and safety requirements promulgated by
19		the State Board and any non-curricular health and safety
20		requirements added by the State Board to such list during the
21		term of the charter. Nothing in this subsection (d) precludes
22		an authorizer from including non-curricular health and safety
23		requirements in a charter school contract that are not
24		contained in the list promulgated by the State Board,
25		including non-curricular health and safety requirements of the
26		authorizing local school board.

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1		(e) Except as otherwise provided in the School Code, a
2		charter school shall not charge tuition; provided that a
3		charter school may charge reasonable fees for textbooks,
4		instructional materials, and student activities.
5		(f) A charter school shall be responsible for the
6		management and operation of its fiscal affairs, including, but
7		not limited to, the preparation of its budget. An audit of each
8		charter school's finances shall be conducted annually by an
9		outside, independent contractor retained by the charter
10		school. The contractor shall not be an employee of the charter
11		school or affiliated with the charter school or its authorizer
12		in any way, other than to audit the charter school's finances.
13		To ensure financial accountability for the use of public
14		funds, on or before December 1 of every year of operation, each
15		charter school shall submit to its authorizer and the State
16		Board a copy of its audit and a copy of the Form 990 the
17		charter school filed that year with the federal Internal
18		Revenue Service. In addition, if deemed necessary for proper
19		financial oversight of the charter school, an authorizer may
20		require quarterly financial statements from each charter
21		school.
22		(g) A charter school shall comply with all provisions of
23		this Article, the Illinois Educational Labor Relations Act,
24		all federal and State laws and rules applicable to public
25		schools that pertain to special education and the instruction
26		of English learners, and its charter. A charter school is

HB4844 Engrossed - 1079 - LRB103 39009 AMC 69146 b
1		exempt from all other State laws and regulations in this Code
2		governing public schools and local school board policies;
3		however, a charter school is not exempt from the following:
4		(1) Sections 10-21.9 and 34-18.5 of this Code
5		regarding criminal history records checks and checks of
6		the Statewide Sex Offender Database and Statewide Murderer
7		and Violent Offender Against Youth Database of applicants
8		for employment;
9		(2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
10		34-84a of this Code regarding discipline of students;
11		(3) the Local Governmental and Governmental Employees
12		Tort Immunity Act;
13		(4) Section 108.75 of the General Not For Profit
14		Corporation Act of 1986 regarding indemnification of
15		officers, directors, employees, and agents;
16		(5) the Abused and Neglected Child Reporting Act;
17		(5.5) subsection (b) of Section 10-23.12 and
18		subsection (b) of Section 34-18.6 of this Code;
19		(6) the Illinois School Student Records Act;
20		(7) Section 10-17a of this Code regarding school
21		report cards;
22		(8) the P-20 Longitudinal Education Data System Act;
23		(9) Section 27-23.7 of this Code regarding bullying
24		prevention;
25		(10) Section 2-3.162 of this Code regarding student
26		discipline reporting;

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1		(11) Sections 22-80 and 27-8.1 of this Code;
2		(12) Sections 10-20.60 and 34-18.53 of this Code;
3		(13) Sections 10-20.63 and 34-18.56 of this Code;
4		(14) Sections 22-90 and 26-18 of this Code;
5		(15) Section 22-30 of this Code;
6		(16) Sections 24-12 and 34-85 of this Code;
7		(17) the Seizure Smart School Act;
8		(18) Section 2-3.64a-10 of this Code;
9		(19) Sections 10-20.73 and 34-21.9 of this Code;
10		(20) Section 10-22.25b of this Code;
11		(21) Section 27-9.1a of this Code;
12		(22) Section 27-9.1b of this Code;
13		(23) Section 34-18.8 of this Code;
14		(25) Section 2-3.188 of this Code;
15		(26) Section 22-85.5 of this Code;
16		(27) subsections (d-10), (d-15), and (d-20) of Section
17		10-20.56 of this Code;
18		(28) Sections 10-20.83 and 34-18.78 of this Code;
19		(29) Section 10-20.13 of this Code;
20		(30) Section 28-19.2 of this Code;
21		(31) Section 34-21.6 of this Code; and
22		(32) Section 22-85.10 of this Code.
23		The change made by Public Act 96-104 to this subsection
24		(g) is declaratory of existing law.
25		(h) A charter school may negotiate and contract with a
26		school district, the governing body of a State college or

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1		university or public community college, or any other public or
2		for-profit or nonprofit private entity for: (i) the use of a
3		school building and grounds or any other real property or
4		facilities that the charter school desires to use or convert
5		for use as a charter school site, (ii) the operation and
6		maintenance thereof, and (iii) the provision of any service,
7		activity, or undertaking that the charter school is required
8		to perform in order to carry out the terms of its charter.
9		Except as provided in subsection (i) of this Section, a school
10		district may charge a charter school reasonable rent for the
11		use of the district's buildings, grounds, and facilities. Any
12		services for which a charter school contracts with a school
13		district shall be provided by the district at cost. Any
14		services for which a charter school contracts with a local
15		school board or with the governing body of a State college or
16		university or public community college shall be provided by
17		the public entity at cost.
18		(i) In no event shall a charter school that is established
19		by converting an existing school or attendance center to
20		charter school status be required to pay rent for space that is
21		deemed available, as negotiated and provided in the charter
22		agreement, in school district facilities. However, all other
23		costs for the operation and maintenance of school district
24		facilities that are used by the charter school shall be
25		subject to negotiation between the charter school and the
26		local school board and shall be set forth in the charter.

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1		(j) A charter school may limit student enrollment by age
2		or grade level.
3		(k) If the charter school is authorized by the State
4		Board, then the charter school is its own local education
5		agency.
6		(Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22;
7		102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff.
8		8-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21;
9		102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff.
10		1-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-175,
11		eff. 6-30-23.)
12		(Text of Section after amendment by P.A. 103-472 but
13		before amendment by P.A. 102-466)
14		Sec. 27A-5. Charter school; legal entity; requirements.
15		(a) A charter school shall be a public, nonsectarian,
16		nonreligious, non-home based, and non-profit school. A charter
17		school shall be organized and operated as a nonprofit
18		corporation or other discrete, legal, nonprofit entity
19		authorized under the laws of the State of Illinois.
20		(b) A charter school may be established under this Article
21		by creating a new school or by converting an existing public
22		school or attendance center to charter school status. In all
23		new applications to establish a charter school in a city
24		having a population exceeding 500,000, operation of the
25		charter school shall be limited to one campus. This limitation

HB4844 Engrossed - 1083 - LRB103 39009 AMC 69146 b
1		does not apply to charter schools existing or approved on or
2		before April 16, 2003.
3		(b-5) (Blank).
4		(c) A charter school shall be administered and governed by
5		its board of directors or other governing body in the manner
6		provided in its charter. The governing body of a charter
7		school shall be subject to the Freedom of Information Act and
8		the Open Meetings Act. A charter school's board of directors
9		or other governing body must include at least one parent or
10		guardian of a pupil currently enrolled in the charter school
11		who may be selected through the charter school or a charter
12		network election, appointment by the charter school's board of
13		directors or other governing body, or by the charter school's
14		Parent Teacher Organization or its equivalent.
15		(c-5) No later than January 1, 2021 or within the first
16		year of his or her first term, every voting member of a charter
17		school's board of directors or other governing body shall
18		complete a minimum of 4 hours of professional development
19		leadership training to ensure that each member has sufficient
20		familiarity with the board's or governing body's role and
21		responsibilities, including financial oversight and
22		accountability of the school, evaluating the principal's and
23		school's performance, adherence to the Freedom of Information
24		Act and the Open Meetings Act, and compliance with education
25		and labor law. In each subsequent year of his or her term, a
26		voting member of a charter school's board of directors or

HB4844 Engrossed - 1084 - LRB103 39009 AMC 69146 b
1		other governing body shall complete a minimum of 2 hours of
2		professional development training in these same areas. The
3		training under this subsection may be provided or certified by
4		a statewide charter school membership association or may be
5		provided or certified by other qualified providers approved by
6		the State Board.
7		(d) For purposes of this subsection (d), "non-curricular
8		health and safety requirement" means any health and safety
9		requirement created by statute or rule to provide, maintain,
10		preserve, or safeguard safe or healthful conditions for
11		students and school personnel or to eliminate, reduce, or
12		prevent threats to the health and safety of students and
13		school personnel. "Non-curricular health and safety
14		requirement" does not include any course of study or
15		specialized instructional requirement for which the State
16		Board has established goals and learning standards or which is
17		designed primarily to impart knowledge and skills for students
18		to master and apply as an outcome of their education.
19		A charter school shall comply with all non-curricular
20		health and safety requirements applicable to public schools
21		under the laws of the State of Illinois. The State Board shall
22		promulgate and post on its Internet website a list of
23		non-curricular health and safety requirements that a charter
24		school must meet. The list shall be updated annually no later
25		than September 1. Any charter contract between a charter
26		school and its authorizer must contain a provision that

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1		requires the charter school to follow the list of all
2		non-curricular health and safety requirements promulgated by
3		the State Board and any non-curricular health and safety
4		requirements added by the State Board to such list during the
5		term of the charter. Nothing in this subsection (d) precludes
6		an authorizer from including non-curricular health and safety
7		requirements in a charter school contract that are not
8		contained in the list promulgated by the State Board,
9		including non-curricular health and safety requirements of the
10		authorizing local school board.
11		(e) Except as otherwise provided in the School Code, a
12		charter school shall not charge tuition; provided that a
13		charter school may charge reasonable fees for textbooks,
14		instructional materials, and student activities.
15		(f) A charter school shall be responsible for the
16		management and operation of its fiscal affairs, including, but
17		not limited to, the preparation of its budget. An audit of each
18		charter school's finances shall be conducted annually by an
19		outside, independent contractor retained by the charter
20		school. The contractor shall not be an employee of the charter
21		school or affiliated with the charter school or its authorizer
22		in any way, other than to audit the charter school's finances.
23		To ensure financial accountability for the use of public
24		funds, on or before December 1 of every year of operation, each
25		charter school shall submit to its authorizer and the State
26		Board a copy of its audit and a copy of the Form 990 the

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1		charter school filed that year with the federal Internal
2		Revenue Service. In addition, if deemed necessary for proper
3		financial oversight of the charter school, an authorizer may
4		require quarterly financial statements from each charter
5		school.
6		(g) A charter school shall comply with all provisions of
7		this Article, the Illinois Educational Labor Relations Act,
8		all federal and State laws and rules applicable to public
9		schools that pertain to special education and the instruction
10		of English learners, and its charter. A charter school is
11		exempt from all other State laws and regulations in this Code
12		governing public schools and local school board policies;
13		however, a charter school is not exempt from the following:
14		(1) Sections 10-21.9 and 34-18.5 of this Code
15		regarding criminal history records checks and checks of
16		the Statewide Sex Offender Database and Statewide Murderer
17		and Violent Offender Against Youth Database of applicants
18		for employment;
19		(2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
20		34-84a of this Code regarding discipline of students;
21		(3) the Local Governmental and Governmental Employees
22		Tort Immunity Act;
23		(4) Section 108.75 of the General Not For Profit
24		Corporation Act of 1986 regarding indemnification of
25		officers, directors, employees, and agents;
26		(5) the Abused and Neglected Child Reporting Act;

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1		(5.5) subsection (b) of Section 10-23.12 and
2		subsection (b) of Section 34-18.6 of this Code;
3		(6) the Illinois School Student Records Act;
4		(7) Section 10-17a of this Code regarding school
5		report cards;
6		(8) the P-20 Longitudinal Education Data System Act;
7		(9) Section 27-23.7 of this Code regarding bullying
8		prevention;
9		(10) Section 2-3.162 of this Code regarding student
10		discipline reporting;
11		(11) Sections 22-80 and 27-8.1 of this Code;
12		(12) Sections 10-20.60 and 34-18.53 of this Code;
13		(13) Sections 10-20.63 and 34-18.56 of this Code;
14		(14) Sections 22-90 and 26-18 of this Code;
15		(15) Section 22-30 of this Code;
16		(16) Sections 24-12 and 34-85 of this Code;
17		(17) the Seizure Smart School Act;
18		(18) Section 2-3.64a-10 of this Code;
19		(19) Sections 10-20.73 and 34-21.9 of this Code;
20		(20) Section 10-22.25b of this Code;
21		(21) Section 27-9.1a of this Code;
22		(22) Section 27-9.1b of this Code;
23		(23) Section 34-18.8 of this Code;
24		(25) Section 2-3.188 of this Code;
25		(26) Section 22-85.5 of this Code;
26		(27) subsections (d-10), (d-15), and (d-20) of Section

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1		10-20.56 of this Code;
2		(28) Sections 10-20.83 and 34-18.78 of this Code;
3		(29) Section 10-20.13 of this Code;
4		(30) Section 28-19.2 of this Code;
5		(31) Section 34-21.6 of this Code; and
6		(32) Section 22-85.10 of this Code;
7		(33) Section 2-3.196 of this Code;
8		(34) Section 22-95 of this Code;
9		(35) Section 34-18.62 of this Code; and
10		(36) the Illinois Human Rights Act.
11		The change made by Public Act 96-104 to this subsection
12		(g) is declaratory of existing law.
13		(h) A charter school may negotiate and contract with a
14		school district, the governing body of a State college or
15		university or public community college, or any other public or
16		for-profit or nonprofit private entity for: (i) the use of a
17		school building and grounds or any other real property or
18		facilities that the charter school desires to use or convert
19		for use as a charter school site, (ii) the operation and
20		maintenance thereof, and (iii) the provision of any service,
21		activity, or undertaking that the charter school is required
22		to perform in order to carry out the terms of its charter.
23		Except as provided in subsection (i) of this Section, a school
24		district may charge a charter school reasonable rent for the
25		use of the district's buildings, grounds, and facilities. Any
26		services for which a charter school contracts with a school

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1		district shall be provided by the district at cost. Any
2		services for which a charter school contracts with a local
3		school board or with the governing body of a State college or
4		university or public community college shall be provided by
5		the public entity at cost.
6		(i) In no event shall a charter school that is established
7		by converting an existing school or attendance center to
8		charter school status be required to pay rent for space that is
9		deemed available, as negotiated and provided in the charter
10		agreement, in school district facilities. However, all other
11		costs for the operation and maintenance of school district
12		facilities that are used by the charter school shall be
13		subject to negotiation between the charter school and the
14		local school board and shall be set forth in the charter.
15		(j) A charter school may limit student enrollment by age
16		or grade level.
17		(k) If the charter school is authorized by the State
18		Board, then the charter school is its own local education
19		agency.
20		(Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22;
21		102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff.
22		8-20-21; 102-558, eff. 8-20-21; 102-676, eff. 12-3-21;
23		102-697, eff. 4-5-22; 102-702, eff. 7-1-23; 102-805, eff.
24		1-1-23; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-175,
25		eff. 6-30-23; 103-472, eff. 8-1-24; revised 8-31-23.)

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1		(Text of Section after amendment by P.A. 102-466)
2		Sec. 27A-5. Charter school; legal entity; requirements.
3		(a) A charter school shall be a public, nonsectarian,
4		nonreligious, non-home based, and non-profit school. A charter
5		school shall be organized and operated as a nonprofit
6		corporation or other discrete, legal, nonprofit entity
7		authorized under the laws of the State of Illinois.
8		(b) A charter school may be established under this Article
9		by creating a new school or by converting an existing public
10		school or attendance center to charter school status. In all
11		new applications to establish a charter school in a city
12		having a population exceeding 500,000, operation of the
13		charter school shall be limited to one campus. This limitation
14		does not apply to charter schools existing or approved on or
15		before April 16, 2003.
16		(b-5) (Blank).
17		(c) A charter school shall be administered and governed by
18		its board of directors or other governing body in the manner
19		provided in its charter. The governing body of a charter
20		school shall be subject to the Freedom of Information Act and
21		the Open Meetings Act. A charter school's board of directors
22		or other governing body must include at least one parent or
23		guardian of a pupil currently enrolled in the charter school
24		who may be selected through the charter school or a charter
25		network election, appointment by the charter school's board of
26		directors or other governing body, or by the charter school's

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1		Parent Teacher Organization or its equivalent.
2		(c-5) No later than January 1, 2021 or within the first
3		year of his or her first term, every voting member of a charter
4		school's board of directors or other governing body shall
5		complete a minimum of 4 hours of professional development
6		leadership training to ensure that each member has sufficient
7		familiarity with the board's or governing body's role and
8		responsibilities, including financial oversight and
9		accountability of the school, evaluating the principal's and
10		school's performance, adherence to the Freedom of Information
11		Act and the Open Meetings Act, and compliance with education
12		and labor law. In each subsequent year of his or her term, a
13		voting member of a charter school's board of directors or
14		other governing body shall complete a minimum of 2 hours of
15		professional development training in these same areas. The
16		training under this subsection may be provided or certified by
17		a statewide charter school membership association or may be
18		provided or certified by other qualified providers approved by
19		the State Board.
20		(d) For purposes of this subsection (d), "non-curricular
21		health and safety requirement" means any health and safety
22		requirement created by statute or rule to provide, maintain,
23		preserve, or safeguard safe or healthful conditions for
24		students and school personnel or to eliminate, reduce, or
25		prevent threats to the health and safety of students and
26		school personnel. "Non-curricular health and safety

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1		requirement" does not include any course of study or
2		specialized instructional requirement for which the State
3		Board has established goals and learning standards or which is
4		designed primarily to impart knowledge and skills for students
5		to master and apply as an outcome of their education.
6		A charter school shall comply with all non-curricular
7		health and safety requirements applicable to public schools
8		under the laws of the State of Illinois. The State Board shall
9		promulgate and post on its Internet website a list of
10		non-curricular health and safety requirements that a charter
11		school must meet. The list shall be updated annually no later
12		than September 1. Any charter contract between a charter
13		school and its authorizer must contain a provision that
14		requires the charter school to follow the list of all
15		non-curricular health and safety requirements promulgated by
16		the State Board and any non-curricular health and safety
17		requirements added by the State Board to such list during the
18		term of the charter. Nothing in this subsection (d) precludes
19		an authorizer from including non-curricular health and safety
20		requirements in a charter school contract that are not
21		contained in the list promulgated by the State Board,
22		including non-curricular health and safety requirements of the
23		authorizing local school board.
24		(e) Except as otherwise provided in the School Code, a
25		charter school shall not charge tuition; provided that a
26		charter school may charge reasonable fees for textbooks,

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1		instructional materials, and student activities.
2		(f) A charter school shall be responsible for the
3		management and operation of its fiscal affairs, including, but
4		not limited to, the preparation of its budget. An audit of each
5		charter school's finances shall be conducted annually by an
6		outside, independent contractor retained by the charter
7		school. The contractor shall not be an employee of the charter
8		school or affiliated with the charter school or its authorizer
9		in any way, other than to audit the charter school's finances.
10		To ensure financial accountability for the use of public
11		funds, on or before December 1 of every year of operation, each
12		charter school shall submit to its authorizer and the State
13		Board a copy of its audit and a copy of the Form 990 the
14		charter school filed that year with the federal Internal
15		Revenue Service. In addition, if deemed necessary for proper
16		financial oversight of the charter school, an authorizer may
17		require quarterly financial statements from each charter
18		school.
19		(g) A charter school shall comply with all provisions of
20		this Article, the Illinois Educational Labor Relations Act,
21		all federal and State laws and rules applicable to public
22		schools that pertain to special education and the instruction
23		of English learners, and its charter. A charter school is
24		exempt from all other State laws and regulations in this Code
25		governing public schools and local school board policies;
26		however, a charter school is not exempt from the following:

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1		(1) Sections 10-21.9 and 34-18.5 of this Code
2		regarding criminal history records checks and checks of
3		the Statewide Sex Offender Database and Statewide Murderer
4		and Violent Offender Against Youth Database of applicants
5		for employment;
6		(2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
7		34-84a of this Code regarding discipline of students;
8		(3) the Local Governmental and Governmental Employees
9		Tort Immunity Act;
10		(4) Section 108.75 of the General Not For Profit
11		Corporation Act of 1986 regarding indemnification of
12		officers, directors, employees, and agents;
13		(5) the Abused and Neglected Child Reporting Act;
14		(5.5) subsection (b) of Section 10-23.12 and
15		subsection (b) of Section 34-18.6 of this Code;
16		(6) the Illinois School Student Records Act;
17		(7) Section 10-17a of this Code regarding school
18		report cards;
19		(8) the P-20 Longitudinal Education Data System Act;
20		(9) Section 27-23.7 of this Code regarding bullying
21		prevention;
22		(10) Section 2-3.162 of this Code regarding student
23		discipline reporting;
24		(11) Sections 22-80 and 27-8.1 of this Code;
25		(12) Sections 10-20.60 and 34-18.53 of this Code;
26		(13) Sections 10-20.63 and 34-18.56 of this Code;

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1		(14) Sections 22-90 and 26-18 of this Code;
2		(15) Section 22-30 of this Code;
3		(16) Sections 24-12 and 34-85 of this Code;
4		(17) the Seizure Smart School Act;
5		(18) Section 2-3.64a-10 of this Code;
6		(19) Sections 10-20.73 and 34-21.9 of this Code;
7		(20) Section 10-22.25b of this Code;
8		(21) Section 27-9.1a of this Code;
9		(22) Section 27-9.1b of this Code;
10		(23) Section 34-18.8 of this Code;
11		(24) Article 26A of this Code;
12		(25) Section 2-3.188 of this Code;
13		(26) Section 22-85.5 of this Code;
14		(27) subsections (d-10), (d-15), and (d-20) of Section
15		10-20.56 of this Code;
16		(28) Sections 10-20.83 and 34-18.78 of this Code;
17		(29) Section 10-20.13 of this Code;
18		(30) Section 28-19.2 of this Code;
19		(31) Section 34-21.6 of this Code; and
20		(32) Section 22-85.10 of this Code;
21		(33) Section 2-3.196 of this Code;
22		(34) Section 22-95 of this Code;
23		(35) Section 34-18.62 of this Code; and
24		(36) the Illinois Human Rights Act.
25		The change made by Public Act 96-104 to this subsection
26		(g) is declaratory of existing law.

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1		(h) A charter school may negotiate and contract with a
2		school district, the governing body of a State college or
3		university or public community college, or any other public or
4		for-profit or nonprofit private entity for: (i) the use of a
5		school building and grounds or any other real property or
6		facilities that the charter school desires to use or convert
7		for use as a charter school site, (ii) the operation and
8		maintenance thereof, and (iii) the provision of any service,
9		activity, or undertaking that the charter school is required
10		to perform in order to carry out the terms of its charter.
11		Except as provided in subsection (i) of this Section, a school
12		district may charge a charter school reasonable rent for the
13		use of the district's buildings, grounds, and facilities. Any
14		services for which a charter school contracts with a school
15		district shall be provided by the district at cost. Any
16		services for which a charter school contracts with a local
17		school board or with the governing body of a State college or
18		university or public community college shall be provided by
19		the public entity at cost.
20		(i) In no event shall a charter school that is established
21		by converting an existing school or attendance center to
22		charter school status be required to pay rent for space that is
23		deemed available, as negotiated and provided in the charter
24		agreement, in school district facilities. However, all other
25		costs for the operation and maintenance of school district
26		facilities that are used by the charter school shall be

HB4844 Engrossed - 1097 - LRB103 39009 AMC 69146 b
1		subject to negotiation between the charter school and the
2		local school board and shall be set forth in the charter.
3		(j) A charter school may limit student enrollment by age
4		or grade level.
5		(k) If the charter school is authorized by the State
6		Board, then the charter school is its own local education
7		agency.
8		(Source: P.A. 102-51, eff. 7-9-21; 102-157, eff. 7-1-22;
9		102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 102-466, eff.
10		7-1-25; 102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676,
11		eff. 12-3-21; 102-697, eff. 4-5-22; 102-702, eff. 7-1-23;
12		102-805, eff. 1-1-23; 102-813, eff. 5-13-22; 103-154, eff.
13		6-30-23; 103-175, eff. 6-30-23; 103-472, eff. 8-1-24; revised
14		8-31-23.)
15		(105 ILCS 5/27A-6)
16		Sec. 27A-6. Contract contents; applicability of laws and
17		regulations.
18		(a) A certified charter shall constitute a binding
19		contract and agreement between the charter school and a local
20		school board under the terms of which the local school board
21		authorizes the governing body of the charter school to operate
22		the charter school on the terms specified in the contract.
23		(b) Notwithstanding any other provision of this Article,
24		the certified charter may not waive or release the charter
25		school from the State goals, standards, and assessments

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1		established pursuant to Section 2-3.64a-5 of this Code. The
2		certified charter for a charter school operating in a city
3		having a population exceeding 500,000 shall require the
4		charter school to administer any other nationally recognized
5		standardized tests to its students that the chartering entity
6		administers to other students, and the results on such tests
7		shall be included in the chartering entity's assessment
8		reports.
9		(c) Subject to the provisions of subsection (e), a
10		material revision to a previously certified contract or a
11		renewal shall be made with the approval of both the local
12		school board and the governing body of the charter school.
13		(c-5) The proposed contract shall include a provision on
14		how both parties will address minor violations of the
15		contract.
16		(c-10) After August 4, 2023 (the effective date of Public
17		Act 103-416) this amendatory Act of the 103rd General
18		Assembly, any renewal of a certified charter must include a
19		union neutrality clause.
20		(d) The proposed contract between the governing body of a
21		proposed charter school and the local school board as
22		described in Section 27A-7 must be submitted to and certified
23		by the State Board before it can take effect. If the State
24		Board recommends that the proposed contract be modified for
25		consistency with this Article before it can be certified, the
26		modifications must be consented to by both the governing body

HB4844 Engrossed - 1099 - LRB103 39009 AMC 69146 b
1		of the charter school and the local school board, and
2		resubmitted to the State Board for its certification. If the
3		proposed contract is resubmitted in a form that is not
4		consistent with this Article, the State Board may refuse to
5		certify the charter.
6		The State Board shall assign a number to each submission
7		or resubmission in chronological order of receipt, and shall
8		determine whether the proposed contract is consistent with the
9		provisions of this Article. If the proposed contract complies,
10		the State Board shall so certify.
11		(e) No renewal of a previously certified contract is
12		effective unless and until the State Board certifies that the
13		renewal is consistent with the provisions of this Article. A
14		material revision to a previously certified contract may go
15		into effect immediately upon approval of both the local school
16		board and the governing body of the charter school, unless
17		either party requests in writing that the State Board certify
18		that the material revision is consistent with the provisions
19		of this Article. If such a request is made, the proposed
20		material revision is not effective unless and until the State
21		Board so certifies.
22		(Source: P.A. 103-175, eff. 6-30-23; 103-416, eff. 8-4-23;
23		revised 9-5-23.)
24		(105 ILCS 5/27A-7)
25		Sec. 27A-7. Charter submission.

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1		(a) A proposal to establish a charter school shall be
2		submitted to the local school board and the State Board for
3		certification under Section 27A-6 of this Code in the form of a
4		proposed contract entered into between the local school board
5		and the governing body of a proposed charter school. The
6		charter school proposal shall include:
7		(1) The name of the proposed charter school, which
8		must include the words "Charter School".
9		(2) The age or grade range, areas of focus, minimum
10		and maximum numbers of pupils to be enrolled in the
11		charter school, and any other admission criteria that
12		would be legal if used by a school district.
13		(3) A description of and address for the physical
14		plant in which the charter school will be located;
15		provided that nothing in the Article shall be deemed to
16		justify delaying or withholding favorable action on or
17		approval of a charter school proposal because the building
18		or buildings in which the charter school is to be located
19		have not been acquired or rented at the time a charter
20		school proposal is submitted or approved or a charter
21		school contract is entered into or submitted for
22		certification or certified, so long as the proposal or
23		submission identifies and names at least 2 sites that are
24		potentially available as a charter school facility by the
25		time the charter school is to open.
26		(4) The mission statement of the charter school, which

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1		must be consistent with the General Assembly's declared
2		purposes; provided that nothing in this Article shall be
3		construed to require that, in order to receive favorable
4		consideration and approval, a charter school proposal
5		demonstrate unequivocally that the charter school will be
6		able to meet each of those declared purposes, it being the
7		intention of the Charter Schools Law that those purposes
8		be recognized as goals that charter schools must aspire to
9		attain.
10		(5) The goals, objectives, and pupil performance
11		standards to be achieved by the charter school.
12		(6) In the case of a proposal to establish a charter
13		school by converting an existing public school or
14		attendance center to charter school status, evidence that
15		the proposed formation of the charter school has received
16		the approval of certified teachers, parents and guardians,
17		and, if applicable, a local school council as provided in
18		subsection (b) of Section 27A-8.
19		(7) A description of the charter school's educational
20		program, pupil performance standards, curriculum, school
21		year, school days, and hours of operation.
22		(8) A description of the charter school's plan for
23		evaluating pupil performance, the types of assessments
24		that will be used to measure pupil progress toward towards
25		achievement of the school's pupil performance standards,
26		the timeline for achievement of those standards, and the

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1		procedures for taking corrective action in the event that
2		pupil performance at the charter school falls below those
3		standards.
4		(9) Evidence that the terms of the charter as proposed
5		are economically sound for both the charter school and the
6		school district, a proposed budget for the term of the
7		charter, a description of the manner in which an annual
8		audit of the financial and administrative operations of
9		the charter school, including any services provided by the
10		school district, are to be conducted, and a plan for the
11		displacement of pupils, teachers, and other employees who
12		will not attend or be employed in the charter school.
13		(10) A description of the governance and operation of
14		the charter school, including the nature and extent of
15		parental, professional educator, and community involvement
16		in the governance and operation of the charter school.
17		(11) An explanation of the relationship that will
18		exist between the charter school and its employees,
19		including evidence that the terms and conditions of
20		employment have been addressed with affected employees and
21		their recognized representative, if any. However, a
22		bargaining unit of charter school employees shall be
23		separate and distinct from any bargaining units formed
24		from employees of a school district in which the charter
25		school is located.
26		(12) An agreement between the parties regarding their

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1		respective legal liability and applicable insurance
2		coverage.
3		(13) A description of how the charter school plans to
4		meet the transportation needs of its pupils, and a plan
5		for addressing the transportation needs of low-income and
6		at-risk pupils.
7		(14) The proposed effective date and term of the
8		charter; provided that the first day of the first academic
9		year shall be no earlier than August 15 and no later than
10		September 15 of a calendar year, and the first day of the
11		fiscal year shall be July 1.
12		(14.5) Disclosure of any known active civil or
13		criminal investigation by a local, state, or federal law
14		enforcement agency into an organization submitting the
15		charter school proposal or a criminal investigation by a
16		local, state, or federal law enforcement agency into any
17		member of the governing body of that organization. For the
18		purposes of this subdivision (14.5), a known investigation
19		means a request for an interview by a law enforcement
20		agency, a subpoena, an arrest, or an indictment. Such
21		disclosure is required for a period from the initial
22		application submission through 10 business days prior to
23		the authorizer's scheduled decision date.
24		(14.7) A union neutrality clause.
25		(15) Any other information reasonably required by the
26		State Board.

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1		(b) A proposal to establish a charter school may be
2		initiated by individuals or organizations that will have
3		majority representation on the board of directors or other
4		governing body of the corporation or other discrete legal
5		entity that is to be established to operate the proposed
6		charter school, by a board of education or an
7		intergovernmental agreement between or among boards of
8		education, or by the board of directors or other governing
9		body of a discrete legal entity already existing or
10		established to operate the proposed charter school. The
11		individuals or organizations referred to in this subsection
12		may be school teachers, school administrators, local school
13		councils, colleges or universities or their faculty members,
14		public community colleges or their instructors or other
15		representatives, corporations, or other entities or their
16		representatives. The proposal shall be submitted to the local
17		school board for consideration and, if appropriate, for
18		development of a proposed contract to be submitted to the
19		State Board for certification under Section 27A-6.
20		(c) The local school board may not without the consent of
21		the governing body of the charter school condition its
22		approval of a charter school proposal on acceptance of an
23		agreement to operate under State laws and regulations and
24		local school board policies from which the charter school is
25		otherwise exempted under this Article.
26		(Source: P.A. 103-175, eff. 6-30-23; 103-416, eff. 8-4-23;

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1		revised 9-6-23.)
2		(105 ILCS 5/27A-11.5)
3		Sec. 27A-11.5. State financing. The State Board shall make
4		the following funds available to school districts and charter
5		schools:
6		(1) From a separate appropriation made to the State
7		Board for purposes of this subdivision (1), the State
8		Board shall make transition impact aid available to school
9		districts that approve a new charter school. The amount of
10		the aid shall equal 90% of the per capita funding paid to
11		the charter school during the first year of its initial
12		charter term, 65% of the per capita funding paid to the
13		charter school during the second year of its initial term,
14		and 35% of the per capita funding paid to the charter
15		school during the third year of its initial term. This
16		transition impact aid shall be paid to the local school
17		board in equal quarterly installments, with the payment of
18		the installment for the first quarter being made by August
19		1st immediately preceding the first, second, and third
20		years of the initial term. The district shall file an
21		application for this aid with the State Board in a format
22		designated by the State Board. If the appropriation is
23		insufficient in any year to pay all approved claims, the
24		impact aid shall be prorated.. If any funds remain after
25		these claims have been paid, then the State Board may pay

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1		all other approved claims on a pro rata basis. Transition
2		impact aid shall be paid for charter schools that are in
3		the first, second, or third year of their initial term.
4		Transition impact aid shall not be paid for any charter
5		school that is proposed and created by one or more boards
6		of education, as authorized under subsection (b) of
7		Section 27A-7.
8		(2) From a separate appropriation made for the purpose
9		of this subdivision (2), the State Board shall make grants
10		to charter schools to pay their start-up costs of
11		acquiring educational materials and supplies, textbooks,
12		electronic textbooks and the technological equipment
13		necessary to gain access to and use electronic textbooks,
14		furniture, and other equipment or materials needed during
15		their initial term. The State Board shall annually
16		establish the time and manner of application for these
17		grants, which shall not exceed $250 per student enrolled
18		in the charter school.
19		(3) The Charter Schools Revolving Loan Fund is created
20		as a special fund in the State treasury. Federal funds,
21		such other funds as may be made available for costs
22		associated with the establishment of charter schools in
23		Illinois, and amounts repaid by charter schools that have
24		received a loan from the Charter Schools Revolving Loan
25		Fund shall be deposited into the Charter Schools Revolving
26		Loan Fund, and the moneys in the Charter Schools Revolving

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1		Loan Fund shall be appropriated to the State Board and
2		used to provide interest-free loans to charter schools.
3		These funds shall be used to pay start-up costs of
4		acquiring educational materials and supplies, textbooks,
5		electronic textbooks and the technological equipment
6		necessary to gain access to and use electronic textbooks,
7		furniture, and other equipment or materials needed in the
8		initial term of the charter school and for acquiring and
9		remodeling a suitable physical plant, within the initial
10		term of the charter school. Loans shall be limited to one
11		loan per charter school and shall not exceed $750 per
12		student enrolled in the charter school. A loan shall be
13		repaid by the end of the initial term of the charter
14		school. The State Board may deduct amounts necessary to
15		repay the loan from funds due to the charter school or may
16		require that the local school board that authorized the
17		charter school deduct such amounts from funds due the
18		charter school and remit these amounts to the State Board,
19		provided that the local school board shall not be
20		responsible for repayment of the loan. The State Board may
21		use up to 3% of the appropriation to contract with a
22		non-profit entity to administer the loan program.
23		(4) A charter school may apply for and receive,
24		subject to the same restrictions applicable to school
25		districts, any grant administered by the State Board that
26		is available for school districts.

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1		If a charter school fails to make payments toward
2		administrative costs, the State Board may withhold State funds
3		from that school until it has made all payments for those
4		costs.
5		(Source: P.A. 103-175, eff. 6-30-23; revised 9-20-23.)
6		(105 ILCS 5/34-18.82)
7		Sec. 34-18.82. Trauma kit; trauma response training.
8		(a) In this Section, "trauma kit" means a first aid
9		response kit that contains, at a minimum, all of the
10		following:
11		(1) One tourniquet endorsed by the Committee on
12		Tactical Combat Casualty Care.
13		(2) One compression bandage.
14		(3) One hemostatic bleeding control dressing endorsed
15		by the Committee on Tactical Combat Casualty Care.
16		(4) Protective gloves and a marker.
17		(5) Scissors.
18		(6) Instructional documents developed by the Stop the
19		Bleed national awareness campaign of the United States
20		Department of Homeland Security or the American College of
21		Surgeons' Committee on Trauma, or both.
22		(7) Any other medical materials or equipment similar
23		to those described in paragraphs (1) through (3) or any
24		other items that (i) are approved by a local law
25		enforcement agency or first responders, (ii) can

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1		adequately treat a traumatic injury, and (iii) can be
2		stored in a readily available kit.
3		(b) The school district may maintain an on-site trauma kit
4		at each school for bleeding emergencies.
5		(c) Products purchased for the trauma kit, including those
6		products endorsed by the Committee on Tactical Combat Casualty
7		Care, shall, whenever possible, be manufactured in the United
8		States.
9		(d) At least once every 2 years, the board shall conduct
10		in-service training for all school district employees on the
11		methods to respond to trauma. The training must include
12		instruction on how to respond to an incident involving
13		life-threatening bleeding and, if applicable, how to use a
14		school's trauma kit. The board may satisfy the training
15		requirements under this subsection by using the training,
16		including online training, available from the American College
17		of Surgeons or any other similar organization.
18		School district employees who are trained to respond to
19		trauma pursuant to this subsection (d) shall be immune from
20		civil liability in the use of a trauma kit unless the action
21		constitutes willful or wanton misconduct.
22		(Source: P.A. 103-128, eff. 6-30-23.)
23		(105 ILCS 5/34-18.83)
24		Sec. 34-18.83 34-18.82. Subsequent teaching endorsements
25		for employees.

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1		(a) Subsequent teaching endorsements may be granted to
2		employees licensed under Article 21B of this Code for specific
3		content areas and grade levels as part of a pilot program.
4		(b) The school district is authorized to prepare educators
5		for subsequent teaching endorsements on licenses issued under
6		paragraph (1) of Section 21B-20 of this Code to applicants who
7		meet all of the requirements for the endorsement or
8		endorsements, including passing any required content area
9		knowledge tests. If seeking to provide subsequent
10		endorsements, the school district must establish professional
11		development sequences to be offered instead of coursework
12		required for issuance of the subsequent endorsement and must
13		apply for approval of these professional development sequences
14		by the State Board of Education, in collaboration with the
15		State Educator Preparation and Licensure Board. The
16		professional development sequences under this Section shall
17		include a comprehensive review of relevant State learning
18		standards, the applicable State content-test framework, and,
19		if applicable, relevant educator preparation standards.
20		(c) The State Board of Education shall adopt any rules
21		necessary to implement this Section no later than June 30,
22		2024.
23		(Source: P.A. 103-157, eff. 6-30-23; revised 8-30-23.)
24		(105 ILCS 5/34-18.84)
25		(This Section may contain text from a Public Act with a

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1		delayed effective date)
2		Sec. 34-18.84 34-18.82. Community input on local
3		assessments.
4		(a) As used in this Section, "district-administered
5		assessment" means an assessment that requires all student test
6		takers at any grade level to answer the same questions, or a
7		selection of questions from a common bank of questions, in the
8		same manner or substantially the same questions in the same
9		manner. The term does not include an observational assessment
10		tool used to satisfy the requirements of Section 2-3.64a-10 of
11		this Code or an assessment developed by district teachers or
12		administrators that will be used to measure student progress
13		at an attendance center within the school district.
14		(b) Prior to approving a new contract for any
15		district-administered assessment, the board must hold a public
16		vote at a regular meeting of the board, at which the terms of
17		the proposal must be substantially presented and an
18		opportunity for allowing public comments must be provided,
19		subject to applicable notice requirements. However, if the
20		assessment being made available to review is subject to
21		copyright, trademark, or other intellectual property
22		protection, the review process shall include technical and
23		procedural safeguards to ensure that the materials are not
24		able to be widely disseminated to the general public in
25		violation of the intellectual property rights of the publisher
26		and to ensure content validity is not undermined.

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1		(Source: P.A. 103-393, eff. 7-1-24; revised 8-30-23.)
2		(105 ILCS 5/34-84) (from Ch. 122, par. 34-84)
3		Sec. 34-84. Appointments and promotions of teachers.
4		Appointments and promotions of teachers shall be made for
5		merit only, and after satisfactory service for a probationary
6		period of 3 years with respect to probationary employees
7		employed as full-time teachers in the public school system of
8		the district before January 1, 1998 or on or after July 1, 2023
9		and 4 years with respect to probationary employees who are
10		first employed as full-time teachers in the public school
11		system of the district on or after January 1, 1998 but before
12		July 1, 2023, during which period the board may dismiss or
13		discharge any such probationary employee upon the
14		recommendation, accompanied by the written reasons therefor,
15		of the general superintendent of schools and after which
16		period appointments of teachers shall become permanent,
17		subject to removal for cause in the manner provided by Section
18		34-85.
19		For a probationary-appointed teacher in full-time service
20		who is appointed on or after July 1, 2013 and who receives
21		ratings of "excellent" during his or her first 3 school terms
22		of full-time service, the probationary period shall be 3
23		school terms of full-time service. For a
24		probationary-appointed teacher in full-time service who is
25		appointed on or after July 1, 2013 and who had previously

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1		entered into contractual continued service in another school
2		district in this State or a program of a special education
3		joint agreement in this State, as defined in Section 24-11 of
4		this Code, the probationary period shall be 2 school terms of
5		full-time service, provided that (i) the teacher voluntarily
6		resigned or was honorably dismissed from the prior district or
7		program within the 3-month period preceding his or her
8		appointment date, (ii) the teacher's last 2 ratings in the
9		prior district or program were at least "proficient" and were
10		issued after the prior district's or program's PERA
11		implementation date, as defined in Section 24-11 of this Code,
12		and (iii) the teacher receives ratings of "excellent" during
13		his or her first 2 school terms of full-time service.
14		For a probationary-appointed teacher in full-time service
15		who has not entered into contractual continued service after 2
16		or 3 school terms of full-time service as provided in this
17		Section, the probationary period shall be 3 school terms of
18		full-time service, provided that the teacher holds a
19		Professional Educator License and receives a rating of at
20		least "proficient" in the last school term and a rating of at
21		least "proficient" in either the second or third school term.
22		As used in this Section, "school term" means the school
23		term established by the board pursuant to Section 10-19 of
24		this Code, and "full-time service" means the teacher has
25		actually worked at least 150 days during the school term. As
26		used in this Article, "teachers" means and includes all

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1		members of the teaching force excluding the general
2		superintendent and principals.
3		There shall be no reduction in teachers because of a
4		decrease in student membership or a change in subject
5		requirements within the attendance center organization after
6		the 20th day following the first day of the school year, except
7		that: (1) this provision shall not apply to desegregation
8		positions, special education positions, or any other positions
9		funded by State or federal categorical funds, and (2) at
10		attendance centers maintaining any of grades 9 through 12,
11		there may be a second reduction in teachers on the first day of
12		the second semester of the regular school term because of a
13		decrease in student membership or a change in subject
14		requirements within the attendance center organization.
15		A teacher Teachers who is are due to be evaluated in the
16		last year before the teacher is they are set to retire shall be
17		offered the opportunity to waive the their evaluation and to
18		retain the teacher's their most recent rating, unless the
19		teacher was last rated as "needs improvement" or
20		"unsatisfactory". The school district may still reserve the
21		right to evaluate a teacher provided the district gives notice
22		to the teacher at least 14 days before the evaluation and a
23		reason for evaluating the teacher.
24		The school principal shall make the decision in selecting
25		teachers to fill new and vacant positions consistent with
26		Section 34-8.1.

HB4844 Engrossed - 1115 - LRB103 39009 AMC 69146 b
1		(Source: P.A. 103-85, eff. 6-9-23; 103-500, eff. 8-4-23;
2		revised 9-6-23.)
3		Section 280. The Asbestos Abatement Act is amended by
4		changing Section 10a as follows:
5		(105 ILCS 105/10a) (from Ch. 122, par. 1410a)
6		Sec. 10a. Licensing. No inspector, management planner,
7		project designer, project manager, air sampling professional,
8		asbestos abatement contractor, worker or project supervisor
9		may be employed as a response action contractor unless that
10		individual or entity is licensed by the Department. Those
11		individuals and entities wishing to be licensed shall make
12		application on forms prescribed and furnished by the
13		Department. A license shall expire annually according to a
14		schedule determined by the Department. Applications for
15		renewal of licenses shall be filed with the Department at
16		least 30 days before the expiration date. When a licensure
17		examination is required, the application for licensure shall
18		be submitted to the Department at least 30 days prior to the
19		date of the scheduled examination. The Department shall
20		evaluate each application based on its minimum standards for
21		licensure, promulgated as rules, and render a decision. Such
22		standards may include a requirement for the successful
23		completion of a course of training approved by the Department.
24		If the Department denies the application, the applicant may

HB4844 Engrossed - 1116 - LRB103 39009 AMC 69146 b
1		appeal such decision pursuant to the provisions of the
2		"Administrative Review Law".
3		The Department, upon notification by the Illinois Workers'
4		Compensation Commission or the Department of Insurance, shall
5		refuse the issuance or renewal of a license to, or suspend or
6		revoke the license of, any individual, corporation,
7		partnership, or other business entity that has been found by
8		the Illinois Workers' Compensation Commission or the
9		Department of Insurance to have failed:
10		(a) to secure workers' compensation obligations in the
11		manner required by subsections (a) and (b) of Section 4 of
12		the Workers' Compensation Act;
13		(b) to pay in full a fine or penalty imposed by the
14		Illinois Workers' Compensation Commission or the
15		Department of Insurance due to a failure to secure
16		workers' compensation obligations in the manner required
17		by subsections (a) and (b) of Section 4 of the Workers'
18		Compensation Act; or
19		(c) to fulfill all obligations assumed pursuant to any
20		settlement reached with the Illinois Workers' Compensation
21		Commission or the Department of Insurance due to a failure
22		to secure workers' compensation obligations in the manner
23		required by subsections (a) and (b) of Section 4 of the
24		Workers' Compensation Act.
25		A complaint filed with the Department by the Illinois
26		Workers' Compensation Commission or the Department of

HB4844 Engrossed - 1117 - LRB103 39009 AMC 69146 b
1		Insurance that includes a certification, signed by its
2		Director or Chairman, or the Director or Chairman's designee,
3		attesting to a finding of the failure to secure workers'
4		compensation obligations in the manner required by subsections
5		(a) and (b) of Section 4 of the Workers' Compensation Act or
6		the failure to pay any fines or penalties or to discharge any
7		obligation under a settlement relating to the failure to
8		secure workers' compensation obligations in the manner
9		required by subsections (a) and (b) of Section 4 of the
10		Workers' Compensation Act is prima facie evidence of the
11		licensee's or applicant's failure to comply with subsections
12		(a) and (b) of Section 4 of the Workers' Compensation Act. Upon
13		receipt of that certification, the Department shall, without a
14		hearing, immediately suspend all licenses held by the licensee
15		or the processing of any application from the applicant.
16		Enforcement of the Department's order shall be stayed for 60
17		days. The Department shall provide notice of the suspension to
18		the licensee by mailing a copy of the Department's order to the
19		licensee's or applicant's address of record or emailing a copy
20		of the order to the licensee's or applicant's email address of
21		record. The notice shall advise the licensee or applicant that
22		the suspension shall be effective 60 days after the issuance
23		of the order unless the Department receives, from the licensee
24		or applicant, a request for a hearing before the Department to
25		dispute the matters contained in the order.
26		Upon receiving notice from the Illinois Workers'

HB4844 Engrossed - 1118 - LRB103 39009 AMC 69146 b
1		Compensation Commission or the Department of Insurance that
2		the violation has been corrected or otherwise resolved, the
3		Department shall vacate the order suspending a licensee's
4		license or the processing of an applicant's application.
5		No license shall be suspended or revoked until after the
6		licensee is afforded any due process protection guaranteed by
7		statute or rule adopted by the Illinois Workers' Compensation
8		Commission or the Department of Insurance.
9		(Source: P.A. 103-26, eff. 1-1-24; revised 1-2-24.)
10		Section 285. The Critical Health Problems and
11		Comprehensive Health Education Act is amended by changing
12		Section 3 as follows:
13		(105 ILCS 110/3)
14		Sec. 3. Comprehensive Health Education Program. The
15		program established under this Act shall include, but not be
16		limited to, the following major educational areas as a basis
17		for curricula in all elementary and secondary schools in this
18		State: human ecology and health; human growth and development;
19		the emotional, psychological, physiological, hygienic, and
20		social responsibilities of family life, including sexual
21		abstinence until marriage; the prevention and control of
22		disease, including instruction in grades 6 through 12 on the
23		prevention, transmission, and spread of AIDS; age-appropriate
24		sexual abuse and assault awareness and prevention education in

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1		grades pre-kindergarten through 12; public and environmental
2		health; consumer health; safety education and disaster
3		survival; mental health and illness; personal health habits;
4		alcohol and drug use and abuse, including the medical and
5		legal ramifications of alcohol, drug, and tobacco use; abuse
6		during pregnancy; evidence-based and medically accurate
7		information regarding sexual abstinence; tobacco and
8		e-cigarettes and other vapor devices; nutrition; and dental
9		health. The instruction on mental health and illness must
10		evaluate the multiple dimensions of health by reviewing the
11		relationship between physical and mental health so as to
12		enhance student understanding, attitudes, and behaviors that
13		promote health, well-being, and human dignity and must include
14		how and where to find mental health resources and specialized
15		treatment in the State. The program shall also provide course
16		material and instruction to advise pupils of the Abandoned
17		Newborn Infant Protection Act. The program shall include
18		information about cancer, including, without limitation, types
19		of cancer, signs and symptoms, risk factors, the importance of
20		early prevention and detection, and information on where to go
21		for help. Notwithstanding the above educational areas, the
22		following areas may also be included as a basis for curricula
23		in all elementary and secondary schools in this State: basic
24		first aid (including, but not limited to, cardiopulmonary
25		resuscitation and the Heimlich maneuver), heart disease,
26		diabetes, stroke, the prevention of child abuse, neglect, and

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1		suicide, and teen dating violence in grades 7 through 12.
2		Beginning with the 2014-2015 school year, training on how to
3		properly administer cardiopulmonary resuscitation (which
4		training must be in accordance with standards of the American
5		Red Cross, the American Heart Association, or another
6		nationally recognized certifying organization) and how to use
7		an automated external defibrillator shall be included as a
8		basis for curricula in all secondary schools in this State.
9		Beginning with the 2024-2025 school year in grades 9
10		through 12, the program shall include instruction, study, and
11		discussion on the dangers of allergies. Information for the
12		instruction, study, and discussion shall come from information
13		provided by the Department of Public Health and the federal
14		Centers for Disease Control and Prevention. This instruction,
15		study, and discussion shall include, at a minimum:
16		(1) recognizing the signs and symptoms of an allergic
17		reaction, including anaphylaxis;
18		(2) the steps to take to prevent exposure to
19		allergens; and
20		(3) safe emergency epinephrine administration.
21		The school board of each public elementary and secondary
22		school in the State shall encourage all teachers and other
23		school personnel to acquire, develop, and maintain the
24		knowledge and skills necessary to properly administer
25		life-saving techniques, including, without limitation, the
26		Heimlich maneuver and rescue breathing. The training shall be

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1		in accordance with standards of the American Red Cross, the
2		American Heart Association, or another nationally recognized
3		certifying organization. A school board may use the services
4		of non-governmental entities whose personnel have expertise in
5		life-saving techniques to instruct teachers and other school
6		personnel in these techniques. Each school board is encouraged
7		to have in its employ, or on its volunteer staff, at least one
8		person who is certified, by the American Red Cross or by
9		another qualified certifying agency, as qualified to
10		administer first aid and cardiopulmonary resuscitation. In
11		addition, each school board is authorized to allocate
12		appropriate portions of its institute or inservice days to
13		conduct training programs for teachers and other school
14		personnel who have expressed an interest in becoming qualified
15		to administer emergency first aid or cardiopulmonary
16		resuscitation. School boards are urged to encourage their
17		teachers and other school personnel who coach school athletic
18		programs and other extracurricular school activities to
19		acquire, develop, and maintain the knowledge and skills
20		necessary to properly administer first aid and cardiopulmonary
21		resuscitation in accordance with standards and requirements
22		established by the American Red Cross or another qualified
23		certifying agency. Subject to appropriation, the State Board
24		of Education shall establish and administer a matching grant
25		program to pay for half of the cost that a school district
26		incurs in training those teachers and other school personnel

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1		who express an interest in becoming qualified to administer
2		cardiopulmonary resuscitation (which training must be in
3		accordance with standards of the American Red Cross, the
4		American Heart Association, or another nationally recognized
5		certifying organization) or in learning how to use an
6		automated external defibrillator. A school district that
7		applies for a grant must demonstrate that it has funds to pay
8		half of the cost of the training for which matching grant money
9		is sought. The State Board of Education shall award the grants
10		on a first-come, first-serve basis.
11		No pupil shall be required to take or participate in any
12		class or course on AIDS or family life instruction or to
13		receive training on how to properly administer cardiopulmonary
14		resuscitation or how to use an automated external
15		defibrillator if his or her parent or guardian submits written
16		objection thereto, and refusal to take or participate in the
17		course or program or the training shall not be reason for
18		suspension or expulsion of the pupil.
19		Curricula developed under programs established in
20		accordance with this Act in the major educational area of
21		alcohol and drug use and abuse shall include classroom
22		instruction in grades 5 through 12. The instruction, which
23		shall include matters relating to both the physical and legal
24		effects and ramifications of drug and substance abuse, shall
25		be integrated into existing curricula; and the State Board of
26		Education shall develop and make available to all elementary

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1		and secondary schools in this State instructional materials
2		and guidelines which will assist the schools in incorporating
3		the instruction into their existing curricula. In addition,
4		school districts may offer, as part of existing curricula
5		during the school day or as part of an after-school after
6		school program, support services and instruction for pupils or
7		pupils whose parent, parents, or guardians are chemically
8		dependent. Curricula developed under programs established in
9		accordance with this Act in the major educational area of
10		alcohol and drug use and abuse shall include the instruction,
11		study, and discussion required under subsection (c) of Section
12		27-13.2 of the School Code.
13		(Source: P.A. 102-464, eff. 8-20-21; 102-558, eff. 8-20-21;
14		102-1034, eff. 1-1-23; 103-212, eff. 1-1-24; 103-365, eff.
15		1-1-24; revised 12-12-23.)
16		Section 290. The School Safety Drill Act is amended by
17		setting forth, renumbering, and changing multiple versions of
18		Section 50 as follows:
19		(105 ILCS 128/50)
20		Sec. 50. Crisis response mapping data grants.
21		(a) Subject to appropriation, a public school district, a
22		charter school, a special education cooperative or district,
23		an education for employment system, a State-approved area
24		career center, a public university laboratory school, the

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1		Illinois Mathematics and Science Academy, the Department of
2		Juvenile Justice School District, a regional office of
3		education, the Illinois School for the Deaf, the Illinois
4		School for the Visually Impaired, the Philip J. Rock Center
5		and School, an early childhood or preschool program supported
6		by the Early Childhood Block Grant, or any other public school
7		entity designated by the State Board of Education by rule, may
8		apply to the State Board of Education or the State Board of
9		Education or the State Board's designee for a grant to obtain
10		crisis response mapping data and to provide copies of the
11		crisis response mapping data to appropriate local, county,
12		State, and federal first responders for use in response to
13		emergencies. The crisis response mapping data shall be stored
14		and provided in an electronic or digital format to assist
15		first responders in responding to emergencies at the school.
16		(b) Subject to appropriation, including funding for any
17		administrative costs reasonably incurred by the State Board of
18		Education or the State Board's designee in the administration
19		of the grant program described by this Section, the State
20		Board shall provide grants to any entity in subsection (a)
21		upon approval of an application submitted by the entity to
22		cover the costs incurred in obtaining crisis response mapping
23		data under this Section. The grant application must include
24		crisis response mapping data for all schools under the
25		jurisdiction of the entity submitting the application,
26		including, in the case of a public school district, any

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1		charter schools authorized by the school board for the school
2		district.
3		(c) To be eligible for a grant under this Section, the
4		crisis response mapping data must, at a minimum:
5		(1) be compatible and integrate into security software
6		platforms in use by the specific school for which the data
7		is provided without requiring local law enforcement
8		agencies or the school district to purchase additional
9		software or requiring the integration of third-party
10		software to view the data;
11		(2) be compatible with security software platforms in
12		use by the specific school for which the data is provided
13		without requiring local public safety agencies or the
14		school district to purchase additional software or
15		requiring the integration of third-party software to view
16		the data;
17		(3) be capable of being provided in a printable
18		format;
19		(4) be verified for accuracy by an on-site
20		walk-through of the school building and grounds;
21		(5) be oriented to true north;
22		(6) be overlaid on current aerial imagery or plans of
23		the school building;
24		(7) contain site-specific labeling that matches the
25		structure of the school building, including room labels,
26		hallway names, and external door or stairwell numbers and

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1		the location of hazards, critical utilities, key boxes,
2		automated external defibrillators, and trauma kits, and
3		that matches the school grounds, including parking areas,
4		athletic fields, surrounding roads, and neighboring
5		properties; and
6		(8) be overlaid with gridded x/y coordinates.
7		(d) Subject to appropriation, the crisis response mapping
8		data may be reviewed annually to update the data as necessary.
9		(e) Crisis response mapping data obtained pursuant to this
10		Section are confidential and exempt from disclosure under the
11		Freedom of Information Act.
12		(f) The State Board may adopt rules to implement the
13		provisions of this Section.
14		(Source: P.A. 103-8, eff. 6-7-23; revised 1-20-24.)
15		(105 ILCS 128/55)
16		Sec. 55 50. Rapid entry. A school building's emergency and
17		crisis response plan, protocol, and procedures shall include a
18		plan for local law enforcement to rapidly enter a school
19		building in the event of an emergency.
20		(Source: P.A. 103-194, eff. 1-1-24; revised 1-2-24.)
21		Section 295. The University of Illinois Act is amended by
22		changing Section 115 as follows:
23		(110 ILCS 305/115)

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1		(Section scheduled to be repealed on January 1, 2025)
2		Sec. 115. Water rates report.
3		(a) Subject to appropriation, no later than June 30, 2023,
4		the Government Finance Research Center at the University of
5		Illinois at Chicago, in coordination with an intergovernmental
6		advisory committee, must issue a report evaluating the setting
7		of water rates throughout the Lake Michigan service area of
8		northeastern Illinois and, no later than December 31, 2024,
9		for the remainder of Illinois. The report must provide
10		recommendations for policy and regulatory needs at the State
11		and local level based on its findings. The report shall, at a
12		minimum, address all of the following areas:
13		(1) The components of a water bill.
14		(2) Reasons for increases in water rates.
15		(3) The definition of affordability throughout the
16		State and any variances to that definition.
17		(4) Evidence of rate-setting that utilizes
18		inappropriate practices.
19		(5) The extent to which State or local policies drive
20		cost increases or variations in rate-settings.
21		(6) Challenges within economically disadvantaged
22		communities in setting water rates.
23		(7) Opportunities for increased intergovernmental
24		coordination for setting equitable water rates.
25		(b) In developing the report under this Section, the
26		Government Finance Research Center shall form an advisory

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1		committee, which shall be composed of all of the following
2		members:
3		(1) The Director of the Environmental Protection
4		Agency, or his or her designee.
5		(2) The Director of Natural Resources, or his or her
6		designee.
7		(3) The Director of Commerce and Economic Opportunity,
8		or his or her designee.
9		(4) The Attorney General, or his or her designee.
10		(5) At least 2 members who are representatives of
11		private water utilities operating in Illinois, appointed
12		by the Director of the Government Finance Research Center.
13		(6) At least 4 members who are representatives of
14		municipal water utilities, appointed by the Director of
15		the Government Finance Research Center.
16		(7) One member who is a representative of an
17		environmental justice advocacy organization, appointed by
18		the Director of the Government Finance Research Center.
19		(8) One member who is a representative of a consumer
20		advocacy organization, appointed by the Director of the
21		Government Finance Research Center.
22		(9) One member who is a representative of an
23		environmental planning organization that serves
24		northeastern Illinois, appointed by the Director of the
25		Government Finance Research Center.
26		(10) The Director of the Illinois State Water Survey,

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1		or his or her designee.
2		(11) The Chairperson of the Illinois Commerce
3		Commission, or his or her designee.
4		(c) After all members are appointed, the committee shall
5		hold its first meeting at the call of the Director of the
6		Government Finance Research Center, at which meeting the
7		members shall select a chairperson from among themselves.
8		After its first meeting, the committee shall meet at the call
9		of the chairperson. Members of the committee shall serve
10		without compensation but may be reimbursed for their
11		reasonable and necessary expenses incurred in performing their
12		duties. The Government Finance Research Center shall provide
13		administrative and other support to the committee.
14		(d) (Blank.).
15		(e) This Section is repealed on January 1, 2025.
16		(Source: P.A. 102-507, eff. 8-20-21; 102-558, eff. 8-20-21;
17		103-4, eff. 5-31-23; revised 9-20-23.)
18		Section 300. The University of Illinois Hospital Act is
19		amended by setting forth, renumbering, and changing multiple
20		versions of Section 8h as follows:
21		(110 ILCS 330/8h)
22		Sec. 8h. Maternal milk donation education.
23		(a) To ensure an adequate supply of pasteurized donor
24		human milk for premature infants in Illinois, the University

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1		of Illinois Hospital shall provide information and
2		instructional materials to parents of each newborn, upon
3		discharge from the University of Illinois Hospital, regarding
4		the option to voluntarily donate milk to nonprofit non-profit
5		milk banks that are accredited by the Human Milk Banking
6		Association of North America or its successor organization.
7		The materials shall be provided free of charge and shall
8		include general information regarding nonprofit non-profit
9		milk banking practices and contact information for area
10		nonprofit milk banks that are accredited by the Human Milk
11		Banking Association of North America.
12		(b) The information and instructional materials described
13		in subsection (a) may be provided electronically.
14		(c) Nothing in this Section prohibits the University of
15		Illinois Hospital from obtaining free and suitable information
16		on voluntary milk donation from the Human Milk Banking
17		Association of North America, or its successor organization,
18		or their accredited members.
19		(Source: P.A. 103-160, eff. 1-1-24; revised 9-26-23.)
20		(110 ILCS 330/8i)
21		Sec. 8i 8h. Emergency room treatment; delay of treatment
22		prohibition. Notwithstanding any provision of law to the
23		contrary, the University of Illinois Hospital, in accordance
24		with Section 1395dd(a) and 1395dd(b) of the Social Security
25		Act, shall not delay provisions of a required appropriate

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1		medical screening examination or further medical examination
2		and treatment for a patient in a University of Illinois
3		Hospital emergency room in order to inquire about the
4		individual's method of payment or insurance status.
5		(Source: P.A. 103-213, eff. 1-1-24; revised 1-2-24.)
6		Section 305. The Underserved Health Care Provider
7		Workforce Act is amended by changing Section 3.09 as follows:
8		(110 ILCS 935/3.09)
9		Sec. 3.09. Eligible health care provider. "Eligible health
10		care provider" means a primary care physician, general
11		surgeon, emergency medicine physician, obstetrician,
12		chiropractic physician, anesthesiologist, advanced practice
13		registered nurse, or physician assistant who accepts Medicaid,
14		Medicare, the State's Children's Health Insurance Program,
15		private insurance, and self-pay.
16		(Source: P.A. 102-888, eff. 5-17-22; 103-219, eff. 1-1-24;
17		103-507, eff. 1-1-24; revised 9-5-23.)
18		Section 310. The Higher Education Student Assistance Act
19		is amended by changing Sections 65.100 and 67 as follows:
20		(110 ILCS 947/65.100)
21		Sec. 65.100. AIM HIGH Grant Program.
22		(a) The General Assembly makes all of the following

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1		findings:
2		(1) Both access and affordability are important
3		aspects of the Illinois Public Agenda for College and
4		Career Success report.
5		(2) This State is in the top quartile with respect to
6		the percentage of family income needed to pay for college.
7		(3) Research suggests that as loan amounts increase,
8		rather than an increase in grant amounts, the probability
9		of college attendance decreases.
10		(4) There is further research indicating that
11		socioeconomic status may affect the willingness of
12		students to use loans to attend college.
13		(5) Strategic use of tuition discounting can decrease
14		the amount of loans that students must use to pay for
15		tuition.
16		(6) A modest, individually tailored tuition discount
17		can make the difference in a student choosing to attend
18		college and enhance college access for low-income and
19		middle-income families.
20		(7) Even if the federally calculated financial need
21		for college attendance is met, the federally determined
22		Expected Family Contribution can still be a daunting
23		amount.
24		(8) This State is the second largest exporter of
25		students in the country.
26		(9) When talented Illinois students attend

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1		universities in this State, the State and those
2		universities benefit.
3		(10) State universities in other states have adopted
4		pricing and incentives that allow many Illinois residents
5		to pay less to attend an out-of-state university than to
6		remain in this State for college.
7		(11) Supporting Illinois student attendance at
8		Illinois public universities can assist in State efforts
9		to maintain and educate a highly trained workforce.
10		(12) Modest tuition discounts that are individually
11		targeted and tailored can result in enhanced revenue for
12		public universities.
13		(13) By increasing a public university's capacity to
14		strategically use tuition discounting, the public
15		university will be capable of creating enhanced tuition
16		revenue by increasing enrollment yields.
17		(b) In this Section:
18		"Eligible applicant" means a student from any high school
19		in this State, whether or not recognized by the State Board of
20		Education, who is engaged in a program of study that in due
21		course will be completed by the end of the school year and who
22		meets all of the qualifications and requirements under this
23		Section.
24		"Tuition and other necessary fees" includes the customary
25		charge for instruction and use of facilities in general and
26		the additional fixed fees charged for specified purposes that

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1		are required generally of non-grant recipients for each
2		academic period for which the grant applicant actually
3		enrolls, but does not include fees payable only once or
4		breakage fees and other contingent deposits that are
5		refundable in whole or in part. The Commission may adopt, by
6		rule not inconsistent with this Section, detailed provisions
7		concerning the computation of tuition and other necessary
8		fees.
9		(c) Beginning with the 2019-2020 academic year, each
10		public university may establish a merit-based scholarship
11		program known as the AIM HIGH Grant Program. Each year, the
12		Commission shall receive and consider applications from public
13		universities under this Section. Each participating public
14		university shall indicate that grants under the program come
15		from AIM HIGH and shall use the words "AIM HIGH" in the name of
16		any grant under the program and in any published or posted
17		materials about the program. Subject to appropriation and any
18		tuition waiver limitation established by the Board of Higher
19		Education, a public university campus may award a grant to a
20		student under this Section if it finds that the applicant
21		meets all of the following criteria:
22		(1) He or she is a resident of this State and a citizen
23		or eligible noncitizen of the United States.
24		(2) He or she files a Free Application for Federal
25		Student Aid and demonstrates financial need with a
26		household income no greater than 8 times the poverty

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1		guidelines updated periodically in the Federal Register by
2		the U.S. Department of Health and Human Services under the
3		authority of 42 U.S.C. 9902(2). The household income of
4		the applicant at the time of initial application shall be
5		deemed to be the household income of the applicant for the
6		duration of the program.
7		(3) He or she meets the minimum cumulative grade point
8		average or ACT or SAT college admissions test score, as
9		determined by the public university campus.
10		(4) He or she is enrolled in a public university as an
11		undergraduate student on a full-time basis.
12		(5) He or she has not yet received a baccalaureate
13		degree or the equivalent of 135 semester credit hours.
14		(6) He or she is not incarcerated.
15		(7) He or she is not in default on any student loan or
16		does not owe a refund or repayment on any State or federal
17		grant or scholarship.
18		(8) Any other reasonable criteria, as determined by
19		the public university campus.
20		Each public university campus shall allow qualified
21		full-time undergraduate students to apply for a grant, but may
22		choose to allow qualified part-time undergraduate students who
23		are enrolling in their final semester at the public university
24		campus to also apply.
25		(d) Each public university campus shall determine grant
26		renewal criteria consistent with the requirements under this

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1		Section.
2		(e) Each participating public university campus shall post
3		on its Internet website criteria and eligibility requirements
4		for receiving awards that use funds under this Section that
5		include a range in the sizes of these individual awards. The
6		criteria and amounts must also be reported to the Commission
7		and the Board of Higher Education, who shall post the
8		information on their respective Internet websites.
9		(f) After enactment of an appropriation for this Program,
10		the Commission shall determine an allocation of funds to each
11		public university in an amount proportionate to the number of
12		undergraduate students who are residents of this State and
13		citizens or eligible noncitizens of the United States and who
14		were enrolled at each public university campus in the previous
15		academic year. All applications must be made to the Commission
16		on or before a date determined by the Commission and on forms
17		that the Commission shall provide to each public university
18		campus. The form of the application and the information
19		required shall be determined by the Commission and shall
20		include, without limitation, the total public university
21		campus funds used to match funds received from the Commission
22		in the previous academic year under this Section, if any, the
23		total enrollment of undergraduate students who are residents
24		of this State from the previous academic year, and any
25		supporting documents as the Commission deems necessary. Each
26		public university campus shall match the amount of funds

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1		received by the Commission with financial aid for eligible
2		students.
3		A public university in which an average of at least 49% of
4		the students seeking a bachelor's degree or certificate
5		received a Pell Grant over the prior 3 academic years, as
6		reported to the Commission, shall match 35% of the amount of
7		funds awarded in a given academic year with non-loan financial
8		aid for eligible students. A public university in which an
9		average of less than 49% of the students seeking a bachelor's
10		degree or certificate received a Pell Grant over the prior 3
11		academic years, as reported to the Commission, shall match 70%
12		of the amount of funds awarded in a given academic year with
13		non-loan financial aid for eligible students.
14		A public university campus is not required to claim its
15		entire allocation. The Commission shall make available to all
16		public universities, on a date determined by the Commission,
17		any unclaimed funds and the funds must be made available to
18		those public university campuses in the proportion determined
19		under this subsection (f), excluding from the calculation
20		those public university campuses not claiming their full
21		allocations.
22		Each public university campus may determine the award
23		amounts for eligible students on an individual or broad basis,
24		but, subject to renewal eligibility, each renewed award may
25		not be less than the amount awarded to the eligible student in
26		his or her first year attending the public university campus.

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1		Notwithstanding this limitation, a renewal grant may be
2		reduced due to changes in the student's cost of attendance,
3		including, but not limited to, if a student reduces the number
4		of credit hours in which he or she is enrolled, but remains a
5		full-time student, or switches to a course of study with a
6		lower tuition rate.
7		An eligible applicant awarded grant assistance under this
8		Section is eligible to receive other financial aid. Total
9		grant aid to the student from all sources may not exceed the
10		total cost of attendance at the public university campus.
11		(g) All money allocated to a public university campus
12		under this Section may be used only for financial aid purposes
13		for students attending the public university campus during the
14		academic year, not including summer terms. Notwithstanding any
15		other provision of law to the contrary, any funds received by a
16		public university campus under this Section that are not
17		granted to students in the academic year for which the funds
18		are received may be retained by the public university campus
19		for expenditure on students participating in the Program or
20		students eligible to participate in the Program.
21		(h) Each public university campus that establishes a
22		Program under this Section must annually report to the
23		Commission, on or before a date determined by the Commission,
24		the number of undergraduate students enrolled at that campus
25		who are residents of this State.
26		(i) Each public university campus must report to the

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1		Commission the total non-loan financial aid amount given by
2		the public university campus to undergraduate students in the
3		2017-2018 academic year or the 2021-2022 academic year, not
4		including the summer terms. To be eligible to receive funds
5		under the Program, a public university campus may not decrease
6		the total amount of non-loan financial aid it gives to
7		undergraduate students, not including any funds received from
8		the Commission under this Section or any funds used to match
9		grant awards under this Section, to an amount lower than the
10		amount reported under this subsection (i) for the 2017-2018
11		academic year or the 2021-2022 academic year, whichever is
12		less, not including the summer terms.
13		(j) On or before a date determined by the Commission, each
14		public university campus that participates in the Program
15		under this Section shall annually submit a report to the
16		Commission with all of the following information:
17		(1) The Program's impact on tuition revenue and
18		enrollment goals and increase in access and affordability
19		at the public university campus.
20		(2) Total funds received by the public university
21		campus under the Program.
22		(3) Total non-loan financial aid awarded to
23		undergraduate students attending the public university
24		campus.
25		(4) Total amount of funds matched by the public
26		university campus.

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1		(5) Total amount of claimed and unexpended funds
2		retained by the public university campus.
3		(6) The percentage of total financial aid distributed
4		under the Program by the public university campus.
5		(7) The total number of students receiving grants from
6		the public university campus under the Program and those
7		students' grade level, race, gender, income level, family
8		size, Monetary Award Program eligibility, Pell Grant
9		eligibility, and zip code of residence and the amount of
10		each grant award. This information shall include unit
11		record data on those students regarding variables
12		associated with the parameters of the public university's
13		Program, including, but not limited to, a student's ACT or
14		SAT college admissions test score, high school or
15		university cumulative grade point average, or program of
16		study.
17		On or before October 1, 2020 and annually on or before
18		October 1 through 2024, the Commission shall submit a report
19		with the findings under this subsection (j) and any other
20		information regarding the AIM HIGH Grant Program to (i) the
21		Governor, (ii) the Speaker of the House of Representatives,
22		(iii) the Minority Leader of the House of Representatives,
23		(iv) the President of the Senate, and (v) the Minority Leader
24		of the Senate. The reports to the General Assembly shall be
25		filed with the Clerk of the House of Representatives and the
26		Secretary of the Senate in electronic form only, in the manner

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1		that the Clerk and the Secretary shall direct. The
2		Commission's report may not disaggregate data to a level that
3		may disclose personally identifying information of individual
4		students.
5		The sharing and reporting of student data under this
6		subsection (j) must be in accordance with the requirements
7		under the federal Family Educational Rights and Privacy Act of
8		1974 and the Illinois School Student Records Act. All parties
9		must preserve the confidentiality of the information as
10		required by law. The names of the grant recipients under this
11		Section are not subject to disclosure under the Freedom of
12		Information Act.
13		Public university campuses that fail to submit a report
14		under this subsection (j) or that fail to adhere to any other
15		requirements under this Section may not be eligible for
16		distribution of funds under the Program for the next academic
17		year, but may be eligible for distribution of funds for each
18		academic year thereafter.
19		(k) The Commission shall adopt rules to implement this
20		Section.
21		(l) (Blank).
22		(Source: P.A. 103-8, eff. 6-7-23; 103-516, eff. 8-11-23;
23		revised 9-6-23.)
24		(110 ILCS 947/67)
25		Sec. 67. Illinois DREAM Fund Commission.

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1		(a) The Illinois Student Assistance Commission shall
2		establish an Illinois DREAM Fund Commission. The Governor
3		shall appoint, with the advice and consent of the Senate,
4		members to the Illinois DREAM Fund Commission, which shall be
5		comprised of 9 members representing the geographic and ethnic
6		diversity of this State, including students, college and
7		university administrators and faculty, and other individuals
8		committed to advancing the educational opportunities of the
9		children of immigrants.
10		(b) The Illinois DREAM Fund Commission is charged with all
11		of the following responsibilities:
12		(1) Administering this Section and raising funds for
13		the Illinois DREAM Fund.
14		(2) Establishing a not-for-profit entity charged with
15		raising funds for the administration of this Section, any
16		educational or training programs the Commission is tasked
17		with administering, and funding scholarships to students
18		who are the children of immigrants to the United States.
19		(3) Publicizing the availability of scholarships from
20		the Illinois DREAM Fund.
21		(4) Selecting the recipients of scholarships funded
22		through the Illinois DREAM Fund.
23		(5) Researching issues pertaining to the availability
24		of assistance with the costs of higher education for the
25		children of immigrants and other issues regarding access
26		for and the performance of the children of immigrants

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1		within higher education.
2		(6) Overseeing implementation of the other provisions
3		of Public Act 97-233 this amendatory Act of the 97th
4		General Assembly.
5		(7) Establishing and administering training programs
6		for high school counselors and counselors, admissions
7		officers, and financial aid officers of public
8		institutions of higher education. The training programs
9		shall instruct participants on the educational
10		opportunities available to college-bound students who are
11		the children of immigrants, including, but not limited to,
12		in-state tuition and scholarship programs. The Illinois
13		DREAM Fund Commission may also establish a public
14		awareness campaign regarding educational opportunities
15		available to college bound students who are the children
16		of immigrants.
17		The Illinois DREAM Fund Commission shall establish, by
18		rule, procedures for accepting and evaluating applications for
19		scholarships from the children of immigrants and issuing
20		scholarships to selected student applicants.
21		(c) To receive a scholarship under this Section, a student
22		must meet all of the following qualifications:
23		(1) Have resided with his or her parents or guardian
24		while attending a public or private high school in this
25		State.
26		(2) Have graduated from a public or private high

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1		school or received the equivalent of a high school diploma
2		in this State.
3		(3) Have attended school in this State for at least 3
4		years as of the date he or she graduated from high school
5		or received the equivalent of a high school diploma.
6		(4) Have at least one parent who immigrated to the
7		United States.
8		(d) The Illinois Student Assistance Commission shall
9		establish an Illinois DREAM Fund to provide scholarships under
10		this Section. The Illinois DREAM Fund shall be funded entirely
11		from private contributions, gifts, grants, awards, and
12		proceeds from the scratch-off created in Section 21.16 of the
13		Illinois Lottery Law.
14		(e) The Illinois DREAM Fund Commission shall develop a
15		comprehensive program, including creation of informational
16		materials and a marketing plan, to educate people in the State
17		of Illinois about the purpose and benefits of contributions
18		made to the Illinois DREAM Fund. The Illinois DREAM Fund
19		Commission shall develop specific marketing materials for the
20		voluntary use by persons licensed pursuant to the Transmitters
21		of Money Act.
22		(Source: P.A. 103-338, eff. 7-28-23; 103-381, eff. 7-28-23;
23		revised 9-6-23.)
24		Section 315. The Illinois Educational Labor Relations Act
25		is amended by changing Section 2 as follows:

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1		(115 ILCS 5/2) (from Ch. 48, par. 1702)
2		Sec. 2. Definitions. As used in this Act:
3		(a) "Educational employer" or "employer" means the
4		governing body of a public school district, including the
5		governing body of a charter school established under Article
6		27A of the School Code or of a contract school or contract
7		turnaround school established under paragraph 30 of Section
8		34-18 of the School Code, combination of public school
9		districts, including the governing body of joint agreements of
10		any type formed by 2 or more school districts, public
11		community college district or State college or university, a
12		subcontractor of instructional services of a school district
13		(other than a school district organized under Article 34 of
14		the School Code), combination of school districts, charter
15		school established under Article 27A of the School Code, or
16		contract school or contract turnaround school established
17		under paragraph 30 of Section 34-18 of the School Code, an
18		Independent Authority created under Section 2-3.25f-5 of the
19		School Code, and any State agency whose major function is
20		providing educational services. "Educational employer" or
21		"employer" does not include (1) a Financial Oversight Panel
22		created pursuant to Section 1A-8 of the School Code due to a
23		district violating a financial plan or (2) an approved
24		nonpublic special education facility that contracts with a
25		school district or combination of school districts to provide

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1		special education services pursuant to Section 14-7.02 of the
2		School Code, but does include a School Finance Authority
3		created under Article 1E of the School Code and a Financial
4		Oversight Panel created under Article 1B or 1H of the School
5		Code. The change made by Public Act 96-104 this amendatory Act
6		of the 96th General Assembly to this paragraph (a) to make
7		clear that the governing body of a charter school is an
8		"educational employer" is declaratory of existing law.
9		(b) "Educational employee" or "employee" means any
10		individual, excluding supervisors, managerial, confidential,
11		short term employees, student, and part-time academic
12		employees of community colleges employed full or part time by
13		an educational employer, but shall not include elected
14		officials and appointees of the Governor with the advice and
15		consent of the Senate, firefighters as defined by subsection
16		(g-1) of Section 3 of the Illinois Public Labor Relations Act,
17		and peace officers employed by a State university. However,
18		with respect to an educational employer of a school district
19		organized under Article 34 of the School Code, a supervisor
20		shall be considered an educational employee under this
21		definition unless the supervisor is also a managerial
22		employee. For the purposes of this Act, part-time academic
23		employees of community colleges shall be defined as those
24		employees who provide less than 3 credit hours of instruction
25		per academic semester. In this subsection (b), the term
26		"student" does not include graduate students who are research

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1		assistants primarily performing duties that involve research,
2		graduate assistants primarily performing duties that are
3		pre-professional, graduate students who are teaching
4		assistants primarily performing duties that involve the
5		delivery and support of instruction, or any other graduate
6		assistants.
7		(c) "Employee organization" or "labor organization" means
8		an organization of any kind in which membership includes
9		educational employees, and which exists for the purpose, in
10		whole or in part, of dealing with employers concerning
11		grievances, employee-employer disputes, wages, rates of pay,
12		hours of employment, or conditions of work, but shall not
13		include any organization which practices discrimination in
14		membership because of race, color, creed, age, gender,
15		national origin or political affiliation.
16		(d) "Exclusive representative" means the labor
17		organization which has been designated by the Illinois
18		Educational Labor Relations Board as the representative of the
19		majority of educational employees in an appropriate unit, or
20		recognized by an educational employer prior to January 1, 1984
21		as the exclusive representative of the employees in an
22		appropriate unit or, after January 1, 1984, recognized by an
23		employer upon evidence that the employee organization has been
24		designated as the exclusive representative by a majority of
25		the employees in an appropriate unit.
26		(e) "Board" means the Illinois Educational Labor Relations

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1		Board.
2		(f) "Regional Superintendent" means the regional
3		superintendent of schools provided for in Articles 3 and 3A of
4		The School Code.
5		(g) "Supervisor" means any individual having authority in
6		the interests of the employer to hire, transfer, suspend, lay
7		off, recall, promote, discharge, reward or discipline other
8		employees within the appropriate bargaining unit and adjust
9		their grievances, or to effectively recommend such action if
10		the exercise of such authority is not of a merely routine or
11		clerical nature but requires the use of independent judgment.
12		The term "supervisor" includes only those individuals who
13		devote a preponderance of their employment time to such
14		exercising authority.
15		(h) "Unfair labor practice" or "unfair practice" means any
16		practice prohibited by Section 14 of this Act.
17		(i) "Person" includes an individual, educational employee,
18		educational employer, legal representative, or employee
19		organization.
20		(j) "Wages" means salaries or other forms of compensation
21		for services rendered.
22		(k) "Professional employee" means, in the case of a public
23		community college, State college or university, State agency
24		whose major function is providing educational services, the
25		Illinois School for the Deaf, and the Illinois School for the
26		Visually Impaired, (1) any employee engaged in work (i)

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1		predominantly intellectual and varied in character as opposed
2		to routine mental, manual, mechanical, or physical work; (ii)
3		involving the consistent exercise of discretion and judgment
4		in its performance; (iii) of such character that the output
5		produced or the result accomplished cannot be standardized in
6		relation to a given period of time; and (iv) requiring
7		knowledge of an advanced type in a field of science or learning
8		customarily acquired by a prolonged course of specialized
9		intellectual instruction and study in an institution of higher
10		learning or a hospital, as distinguished from a general
11		academic education or from an apprenticeship or from training
12		in the performance of routine mental, manual, or physical
13		processes; or (2) any employee, who (i) has completed the
14		courses of specialized intellectual instruction and study
15		described in clause (iv) of paragraph (1) of this subsection,
16		and (ii) is performing related work under the supervision of a
17		professional person to qualify himself or herself to become a
18		professional as defined in paragraph (l).
19		(l) "Professional employee" means, in the case of any
20		public school district, or combination of school districts
21		pursuant to joint agreement, any employee who has a license
22		issued under Article 21B of the School Code.
23		(m) "Unit" or "bargaining unit" means any group of
24		employees for which an exclusive representative is selected.
25		(n) "Confidential employee" means an employee, who (i) in
26		the regular course of his or her duties, assists and acts in a

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1		confidential capacity to persons who formulate, determine and
2		effectuate management policies with regard to labor relations
3		or who (ii) in the regular course of his or her duties has
4		access to information relating to the effectuation or review
5		of the employer's collective bargaining policies.
6		(o) "Managerial employee" means, with respect to an
7		educational employer other than an educational employer of a
8		school district organized under Article 34 of the School Code,
9		an individual who is engaged predominantly in executive and
10		management functions and is charged with the responsibility of
11		directing the effectuation of such management policies and
12		practices or, with respect to an educational employer of a
13		school district organized under Article 34 of the School Code,
14		an individual who has a significant role in the negotiation of
15		collective bargaining agreements or who formulates and
16		determines employer-wide management policies and practices.
17		"Managerial employee" includes a general superintendent of
18		schools provided for under Section 34-6 of the School Code.
19		(p) "Craft employee" means a skilled journeyman, craft
20		person, and his or her apprentice or helper.
21		(q) "Short-term employee" is an employee who is employed
22		for less than 2 consecutive calendar quarters during a
23		calendar year and who does not have a reasonable expectation
24		that he or she will be rehired by the same employer for the
25		same service in a subsequent calendar year. Nothing in this
26		subsection shall affect the employee status of individuals who

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1		were covered by a collective bargaining agreement on January
2		1, 1992 (the effective date of Public Act 87-736) this
3		amendatory Act of 1991.
4		The changes made to this Section by Public Act 102-1138
5		this amendatory Act of the 102nd General Assembly may not be
6		construed to void or change the powers and duties given to
7		local school councils under Section 34-2.3 of the School Code.
8		(Source: P.A. 101-380, eff. 1-1-20; 102-894, eff. 5-20-22;
9		102-1071, eff. 6-10-22; 102-1138, eff. 2-10-23; revised
10		3-2-23.)
11		Section 320. The Alternative Health Care Delivery Act is
12		amended by changing Section 35.2 as follows:
13		(210 ILCS 3/35.2)
14		Sec. 35.2. Maternal milk donation education.
15		(a) To ensure an adequate supply of pasteurized donor
16		human milk for premature infants in Illinois, a birth center
17		with obstetrical service beds shall provide information and
18		instructional materials to parents of each newborn, upon
19		discharge from the birth center, regarding the option to
20		voluntarily donate milk to nonprofit non-profit milk banks
21		that are accredited by the Human Milk Banking Association of
22		North America or its successor organization. The materials
23		shall be provided free of charge and shall include general
24		information regarding nonprofit non-profit milk banking

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1		practices and contact information for area nonprofit milk
2		banks that are accredited by the Human Milk Banking
3		Association of North America.
4		(b) The information and instructional materials described
5		in subsection (a) may be provided electronically.
6		(c) Nothing in this Section prohibits a birth center from
7		obtaining free and suitable information on voluntary milk
8		donation from the Human Milk Banking Association of North
9		America, or its successor organization, or its accredited
10		members.
11		(Source: P.A. 103-160, eff. 1-1-24; revised 12-22-23.)
12		Section 325. The Life Care Facilities Act is amended by
13		setting forth, renumbering, and changing multiple versions of
14		Section 10.3 as follows:
15		(210 ILCS 40/10.3)
16		Sec. 10.3. Posting of Long Term Care Ombudsman Program
17		information.
18		(a) Except as provided under subsection (b), all licensed
19		facilities shall post on the home page of the facility's
20		website the following:
21		(1) The Long Term Care Ombudsman Program's statewide
22		toll-free telephone number.
23		(2) A link to the Long Term Care Ombudsman Program's
24		website.

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1		(b) A facility:
2		(1) may comply with this Section by posting the
3		required information on the website of the facility's
4		parent company if the facility does not maintain a unique
5		website;
6		(2) is not required to comply with this Section if the
7		facility and any parent company do not maintain a website;
8		and
9		(3) is not required to comply with this Section in
10		instances where the parent company operates in multiple
11		states and the facility does not maintain a unique
12		website.
13		(Source: P.A. 103-119, eff. 1-1-24; revised 12-22-23.)
14		(210 ILCS 40/10.4)
15		Sec. 10.4 10.3. Provision of at-home continuing care.
16		(a) The Department shall adopt rules that:
17		(1) establish standards for providers of at-home
18		continuing care;
19		(2) provide for the certification and registration of
20		providers of at-home continuing care and the annual
21		renewal of certificates of registration;
22		(3) provide for and encourage the establishment of
23		at-home continuing care programs;
24		(4) set minimum requirements for any individual who is
25		employed by or under contract with a provider of at-home

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1		continuing care and who will enter a provider of at-home
2		continuing care's subscriber's home to provide at-home
3		continuing care services, including requirements for
4		criminal background checks of such an individual who will
5		have routine, direct access to a subscriber;
6		(5) establish standards for the renewal of
7		certificates of registration for providers of at-home
8		continuing care;
9		(6) establish standards for the number of executed
10		agreements necessary to begin operation as a provider of
11		at-home continuing care;
12		(7) establish standards for when and how a provider of
13		at-home continuing care or a subscriber may rescind an
14		at-home continuing care agreement before at-home
15		continuing care services are provided to the subscriber;
16		(8) allow a subscriber to rescind an agreement for
17		at-home continuing care services at any time if the terms
18		of the agreement violate this Section;
19		(9) establish that a provider may terminate an
20		agreement to provide at-home continuing care services or
21		discharge a subscriber only for just cause; and
22		(10) establish procedures to carry out a termination
23		or discharge under paragraph (9).
24		(b) The Department shall certify and register a person as
25		a provider of at-home continuing care services under this
26		Section if the Department determines that:

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1		(1) a reasonable financial plan has been developed to
2		provide at-home continuing care services, including a plan
3		for the number of agreements to be executed before
4		beginning operation;
5		(2) a market for the at-home continuing care program
6		exists;
7		(3) the provider has submitted all proposed
8		advertisements, advertising campaigns, and other
9		promotional materials for the program;
10		(4) the form and substance of all advertisements,
11		advertising campaigns, and other promotional materials
12		submitted are not deceptive, misleading, or likely to
13		mislead; and
14		(5) an actuarial forecast supports the market for the
15		program.
16		(c) A provider may not enter into an agreement to provide
17		at-home continuing care services until the Department issues a
18		preliminary certificate of registration to the provider. An
19		application for a preliminary certificate of registration
20		shall:
21		(1) be filed in a form determined by the Department by
22		rule; and
23		(2) include:
24		(A) a copy of the proposed at-home continuing care
25		agreement; and
26		(B) the form and substance of any proposed

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1		advertisements, advertising campaigns, or other
2		promotional materials for the program that are is
3		available at the time of filing the application and
4		that have has not been filed previously with the
5		Department.
6		(d) The Department shall issue a preliminary certificate
7		of registration to a provider under subsection (c) if the
8		Department determines that:
9		(1) the proposed at-home continuing care agreement is
10		satisfactory;
11		(2) the provider has submitted all proposed
12		advertisements, advertising campaigns, and other
13		promotional materials for the program; and
14		(3) the form and substance of all advertisements,
15		advertising campaigns, and other promotional materials
16		submitted are not deceptive, misleading, or likely to
17		mislead.
18		(e) A person may not provide at-home continuing care
19		services until the Department issues a certificate of
20		registration to the person. An application for a certificate
21		of registration shall:
22		(1) be filed in a form determined by the Department by
23		rule; and
24		(2) include:
25		(A) verification that the required number of
26		agreements has been executed;

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1		(B) the form and substance of any proposed
2		advertisements, advertising campaigns, or other
3		promotional materials for the program that are
4		available at the time of filing and that have not been
5		filed previously with the Department; and
6		(C) verification that any other license or
7		certificate required by other appropriate State units
8		has been issued to the provider.
9		(f) The Department shall issue a certificate of
10		registration to a provider under subsection (e) if the
11		Department determines that:
12		(1) the information and documents submitted and
13		application for a preliminary certificate of registration
14		are current and accurate or have been updated to make them
15		accurate;
16		(2) the required agreements have been executed;
17		(3) any other license or certificate required by other
18		appropriate State units has been issued to the provider;
19		(4) the provider has submitted all proposed
20		advertisements, advertising campaigns, and other
21		promotional materials for the program; and
22		(5) the material submitted is not an advertisement,
23		advertising campaign, or other promotional material that
24		is deceptive, misleading, or likely to mislead.
25		If a provider intends to advertise before the Department
26		issues a certificate of registration, the provider shall

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1		submit to the Department any advertisement, advertising
2		campaign, or other promotional material materials before using
3		it.
4		(g) Every 2 years, within 120 days after the end of a
5		provider's fiscal year, a provider shall file an application
6		for a renewal certificate of registration with the Department.
7		The application shall:
8		(A) be filed in a form determined by the
9		Department by rule; and
10		(B) contain any reasonable and pertinent
11		information that the Department requires.
12		(h) The Department shall issue a renewal certificate of
13		registration under subsection (g) if the Department determines
14		that:
15		(1) all required documents have been filed and are
16		satisfactory;
17		(2) any revised agreements for at-home continuing care
18		services meet the Department's requirements;
19		(3) the provider has submitted all proposed
20		advertisements, advertising campaigns, and other
21		promotional materials for the program; and
22		(4) the form and substance of all advertisements,
23		advertising campaigns, and other promotional materials
24		submitted are not deceptive, misleading, or likely to
25		mislead.
26		(i) The Department may deny, suspend, or revoke a

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1		preliminary, initial, or renewal certificate of registration
2		under this Section for cause. The Department shall set forth
3		in writing its reasons for a denial, suspension, or
4		revocation. A provider may appeal a denial in writing. Grounds
5		for a denial, suspension, or revocation include, but are not
6		limited to:
7		(1) violation of this Section;
8		(2) violation of a rule adopted by the Department
9		under this Section;
10		(3) misrepresentation; or
11		(4) submission of false information.
12		(Source: P.A. 103-332, eff. 1-1-24; revised 1-2-24.)
13		Section 330. The Emergency Medical Services (EMS) Systems
14		Act is amended by changing Sections 3.55 and 3.116 as follows:
15		(210 ILCS 50/3.55)
16		Sec. 3.55. Scope of practice.
17		(a) Any person currently licensed as an EMR, EMT, EMT-I,
18		A-EMT, PHRN, PHAPRN, PHPA, or Paramedic may perform emergency
19		and non-emergency medical services as defined in this Act, in
20		accordance with his or her level of education, training and
21		licensure, the standards of performance and conduct prescribed
22		by the Department in rules adopted pursuant to this Act, and
23		the requirements of the EMS System in which he or she
24		practices, as contained in the approved Program Plan for that

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1		System. The Director may, by written order, temporarily modify
2		individual scopes of practice in response to public health
3		emergencies for periods not exceeding 180 days.
4		(a-5) EMS personnel who have successfully completed a
5		Department approved course in automated defibrillator
6		operation and who are functioning within a Department approved
7		EMS System may utilize such automated defibrillator according
8		to the standards of performance and conduct prescribed by the
9		Department in rules adopted pursuant to this Act and the
10		requirements of the EMS System in which they practice, as
11		contained in the approved Program Plan for that System.
12		(a-7) An EMT, EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or
13		Paramedic who has successfully completed a Department approved
14		course in the administration of epinephrine shall be required
15		to carry epinephrine with him or her as part of the EMS
16		personnel medical supplies whenever he or she is performing
17		official duties as determined by the EMS System. The
18		epinephrine may be administered from a glass vial,
19		auto-injector, ampule, or pre-filled syringe.
20		(b) An EMR, EMT, EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or
21		Paramedic may practice as an EMR, EMT, EMT-I, A-EMT, or
22		Paramedic or utilize his or her EMR, EMT, EMT-I, A-EMT, PHRN,
23		PHAPRN, PHPA, or Paramedic license in pre-hospital or
24		inter-hospital emergency care settings or non-emergency
25		medical transport situations, under the written or verbal
26		direction of the EMS Medical Director. For purposes of this

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1		Section, a "pre-hospital emergency care setting" may include a
2		location, that is not a health care facility, which utilizes
3		EMS personnel to render pre-hospital emergency care prior to
4		the arrival of a transport vehicle. The location shall include
5		communication equipment and all of the portable equipment and
6		drugs appropriate for the EMR, EMT, EMT-I, A-EMT, or
7		Paramedic's level of care, as required by this Act, rules
8		adopted by the Department pursuant to this Act, and the
9		protocols of the EMS Systems, and shall operate only with the
10		approval and under the direction of the EMS Medical Director.
11		This Section shall not prohibit an EMR, EMT, EMT-I, A-EMT,
12		PHRN, PHAPRN, PHPA, or Paramedic from practicing within an
13		emergency department or other health care setting for the
14		purpose of receiving continuing education or training approved
15		by the EMS Medical Director. This Section shall also not
16		prohibit an EMT, EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or
17		Paramedic from seeking credentials other than his or her EMT,
18		EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or Paramedic license and
19		utilizing such credentials to work in emergency departments or
20		other health care settings under the jurisdiction of that
21		employer.
22		(c) An EMT, EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or Paramedic
23		may honor Do Not Resuscitate (DNR) orders and powers of
24		attorney for health care only in accordance with rules adopted
25		by the Department pursuant to this Act and protocols of the EMS
26		System in which he or she practices.

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1		(d) A student enrolled in a Department approved EMS
2		personnel program, while fulfilling the clinical training and
3		in-field supervised experience requirements mandated for
4		licensure or approval by the System and the Department, may
5		perform prescribed procedures under the direct supervision of
6		a physician licensed to practice medicine in all of its
7		branches, a qualified registered professional nurse, or
8		qualified EMS personnel, only when authorized by the EMS
9		Medical Director.
10		(e) An EMR, EMT, EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or
11		Paramedic may transport a police dog injured in the line of
12		duty to a veterinary clinic or similar facility if there are no
13		persons requiring medical attention or transport at that time.
14		For the purposes of this subsection, "police dog" means a dog
15		owned or used by a law enforcement department or agency in the
16		course of the department or agency's work, including a search
17		and rescue dog, service dog, accelerant detection canine, or
18		other dog that is in use by a county, municipal, or State law
19		enforcement agency.
20		(f) Nothing in this Act shall be construed to prohibit an
21		EMT, EMT-I, A-EMT, Paramedic, or PHRN from completing an
22		initial Occupational Safety and Health Administration
23		Respirator Medical Evaluation Questionnaire on behalf of fire
24		service personnel, as permitted by his or her EMS System
25		Medical Director.
26		(g) An EMT, EMT-I, A-EMT, Paramedic, PHRN, PHAPRN, or PHPA

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1		shall be eligible to work for another EMS System for a period
2		not to exceed 2 weeks if the individual is under the direct
3		supervision of another licensed individual operating at the
4		same or higher level as the EMT, EMT-I, A-EMT, Paramedic,
5		PHRN, PHAPRN, or PHPA; obtained approval in writing from the
6		EMS System's Medical Director; and tests into the EMS System
7		based upon appropriate standards as outlined in the EMS System
8		Program Plan. The EMS System within which the EMT, EMT-I,
9		A-EMT, Paramedic, PHRN, PHAPRN, or PHPA is seeking to join
10		must make all required testing available to the EMT, EMT-I,
11		A-EMT, Paramedic, PHRN, PHAPRN, or PHPA within 2 weeks after
12		the written request. Failure to do so by the EMS System shall
13		allow the EMT, EMT-I, A-EMT, Paramedic, PHRN, PHAPRN, or PHPA
14		to continue working for another EMS System until all required
15		testing becomes available.
16		(h) (g) A member of a fire department's or fire protection
17		district's collective bargaining unit shall be eligible to
18		work under a silver spanner program for another EMS System's
19		fire department or fire protection district that is not the
20		full-time employer of that member, for a period not to exceed 2
21		weeks, if the member: (1) is under the direct supervision of
22		another licensed individual operating at the same or higher
23		licensure level as the member; (2) made a written request to
24		the EMS System's Medical Director for approval to work under
25		the silver spanner program, which shall be approved or denied
26		within 24 hours after the EMS System's Medical Director

HB4844 Engrossed - 1164 - LRB103 39009 AMC 69146 b
1		received the request; and (3) tests into the EMS System based
2		upon appropriate standards as outlined in the EMS System
3		Program Plan. The EMS System within which the member is
4		seeking to join must make all required testing available to
5		the member within 2 weeks of the written request. Failure to do
6		so by the EMS System shall allow the member to continue working
7		under a silver spanner program until all required testing
8		becomes available.
9		(Source: P.A. 102-79, eff. 1-1-22; 103-521, eff. 1-1-24;
10		103-547, eff. 8-11-23; revised 8-30-23.)
11		(210 ILCS 50/3.116)
12		Sec. 3.116. Hospital Stroke Care; definitions. As used in
13		Sections 3.116 through 3.119, 3.130, and 3.200 of this Act:
14		"Acute Stroke-Ready Hospital" means a hospital that has
15		been designated by the Department as meeting the criteria for
16		providing emergent stroke care. Designation may be provided
17		after a hospital has been certified or through application and
18		designation as such.
19		"Certification" or "certified" means certification, using
20		evidence-based standards, from a nationally recognized
21		certifying body approved by the Department.
22		"Comprehensive Stroke Center" means a hospital that has
23		been certified and has been designated as such.
24		"Designation" or "designated" means the Department's
25		recognition of a hospital as a Comprehensive Stroke Center,

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1		Primary Stroke Center, or Acute Stroke-Ready Hospital.
2		"Emergent stroke care" is emergency medical care that
3		includes diagnosis and emergency medical treatment of acute
4		stroke patients.
5		"Emergent Stroke Ready Hospital" means a hospital that has
6		been designated by the Department as meeting the criteria for
7		providing emergent stroke care.
8		"Primary Stroke Center" means a hospital that has been
9		certified by a Department-approved, nationally recognized
10		certifying body and designated as such by the Department.
11		"Primary Stroke Center Plus" means a hospital that has
12		been certified by a Department-approved, nationally recognized
13		certifying body and designated as such by the Department.
14		"Regional Stroke Advisory Subcommittee" means a
15		subcommittee formed within each Regional EMS Advisory
16		Committee to advise the Director and the Region's EMS Medical
17		Directors Committee on the triage, treatment, and transport of
18		possible acute stroke patients and to select the Region's
19		representative to the State Stroke Advisory Subcommittee. At
20		minimum, the Regional Stroke Advisory Subcommittee shall
21		consist of: one representative from the EMS Medical Directors
22		Committee; one EMS coordinator from a Resource Hospital; one
23		administrative representative or his or her designee from each
24		level of stroke care, including Comprehensive Stroke Centers
25		within the Region, if any, Thrombectomy Capable Stroke Centers
26		within the Region, if any, Thrombectomy Ready Stroke Centers

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1		within the Region, if any, Primary Stroke Centers Plus within
2		the Region, if any, Primary Stroke Centers within the Region,
3		if any, and Acute Stroke-Ready Hospitals within the Region, if
4		any; one physician from each level of stroke care, including
5		one physician who is a neurologist or who provides advanced
6		stroke care at a Comprehensive Stroke Center in the Region, if
7		any, one physician who is a neurologist or who provides acute
8		stroke care at a Thrombectomy Capable Stroke Center within the
9		Region, if any, a Thrombectomy Ready Stroke Center within the
10		Region, if any, or a Primary Stroke Center Plus in the Region,
11		if any, one physician who is a neurologist or who provides
12		acute stroke care at a Primary Stroke Center in the Region, if
13		any, and one physician who provides acute stroke care at an
14		Acute Stroke-Ready Hospital in the Region, if any; one nurse
15		practicing in each level of stroke care, including one nurse
16		from a Comprehensive Stroke Center in the Region, if any, one
17		nurse from a Thrombectomy Capable Stroke Center, if any, a
18		Thrombectomy Ready Stroke Center within the Region, if any, or
19		a Primary Stroke Center Plus in the Region, if any, one nurse
20		from a Primary Stroke Center in the Region, if any, and one
21		nurse from an Acute Stroke-Ready Hospital in the Region, if
22		any; one representative from both a public and a private
23		vehicle service provider that transports possible acute stroke
24		patients within the Region; the State-designated regional EMS
25		Coordinator; and a fire chief or his or her designee from the
26		EMS Region, if the Region serves a population of more than

HB4844 Engrossed - 1167 - LRB103 39009 AMC 69146 b
1		2,000,000. The Regional Stroke Advisory Subcommittee shall
2		establish bylaws to ensure equal membership that rotates and
3		clearly delineates committee responsibilities and structure.
4		Of the members first appointed, one-third shall be appointed
5		for a term of one year, one-third shall be appointed for a term
6		of 2 years, and the remaining members shall be appointed for a
7		term of 3 years. The terms of subsequent appointees shall be 3
8		years.
9		"State Stroke Advisory Subcommittee" means a standing
10		advisory body within the State Emergency Medical Services
11		Advisory Council.
12		"Thrombectomy Capable Stroke Center" means a hospital that
13		has been certified by a Department-approved, nationally
14		recognized certifying body and designated as such by the
15		Department.
16		"Thrombectomy Ready Stroke Center" means a hospital that
17		has been certified by a Department-approved, nationally
18		recognized certifying body and designated as such by the
19		Department.
20		(Source: P.A. 102-687, eff. 12-17-21; 103-149, eff. 1-1-24;
21		103-363, eff. 7-28-23; revised 12-12-23.)
22		Section 335. The Hospital Licensing Act is amended by
23		changing Sections 10.10 and 11.9 as follows:
24		(210 ILCS 85/10.10)

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1		Sec. 10.10. Nurse staffing by patient acuity.
2		(a) Findings. The Legislature finds and declares all of
3		the following:
4		(1) The State of Illinois has a substantial interest
5		in promoting quality care and improving the delivery of
6		health care services.
7		(2) Evidence-based studies have shown that the basic
8		principles of staffing in the acute care setting should be
9		based on the complexity of patients' care needs aligned
10		with available nursing skills to promote quality patient
11		care consistent with professional nursing standards.
12		(3) Compliance with this Section promotes an
13		organizational climate that values registered nurses'
14		input in meeting the health care needs of hospital
15		patients.
16		(b) Definitions. As used in this Section:
17		"Acuity model" means an assessment tool selected and
18		implemented by a hospital, as recommended by a nursing care
19		committee, that assesses the complexity of patient care needs
20		requiring professional nursing care and skills and aligns
21		patient care needs and nursing skills consistent with
22		professional nursing standards.
23		"Department" means the Department of Public Health.
24		"Direct patient care" means care provided by a registered
25		professional nurse with direct responsibility to oversee or
26		carry out medical regimens or nursing care for one or more

HB4844 Engrossed - 1169 - LRB103 39009 AMC 69146 b
1		patients.
2		"Nursing care committee" means a hospital-wide committee
3		or committees of nurses whose functions, in part or in whole,
4		contribute to the development, recommendation, and review of
5		the hospital's nurse staffing plan established pursuant to
6		subsection (d).
7		"Registered professional nurse" means a person licensed as
8		a Registered Nurse under the Nurse Practice Act.
9		"Written staffing plan for nursing care services" means a
10		written plan for the assignment of patient care nursing staff
11		based on multiple nurse and patient considerations that yield
12		minimum staffing levels for inpatient care units and the
13		adopted acuity model aligning patient care needs with nursing
14		skills required for quality patient care consistent with
15		professional nursing standards.
16		(c) Written staffing plan.
17		(1) Every hospital shall implement a written
18		hospital-wide staffing plan, prepared by a nursing care
19		committee or committees, that provides for minimum direct
20		care professional registered nurse-to-patient staffing
21		needs for each inpatient care unit, including inpatient
22		emergency departments. If the staffing plan prepared by
23		the nursing care committee is not adopted by the hospital,
24		or if substantial changes are proposed to it, the chief
25		nursing officer shall either: (i) provide a written
26		explanation to the committee of the reasons the plan was

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1		not adopted; or (ii) provide a written explanation of any
2		substantial changes made to the proposed plan prior to it
3		being adopted by the hospital. The written hospital-wide
4		staffing plan shall include, but need not be limited to,
5		the following considerations:
6		(A) The complexity of complete care, assessment on
7		patient admission, volume of patient admissions,
8		discharges and transfers, evaluation of the progress
9		of a patient's problems, ongoing physical assessments,
10		planning for a patient's discharge, assessment after a
11		change in patient condition, and assessment of the
12		need for patient referrals.
13		(B) The complexity of clinical professional
14		nursing judgment needed to design and implement a
15		patient's nursing care plan, the need for specialized
16		equipment and technology, the skill mix of other
17		personnel providing or supporting direct patient care,
18		and involvement in quality improvement activities,
19		professional preparation, and experience.
20		(C) Patient acuity and the number of patients for
21		whom care is being provided.
22		(D) The ongoing assessments of a unit's patient
23		acuity levels and nursing staff needed shall be
24		routinely made by the unit nurse manager or his or her
25		designee.
26		(E) The identification of additional registered

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1		nurses available for direct patient care when
2		patients' unexpected needs exceed the planned workload
3		for direct care staff.
4		(2) In order to provide staffing flexibility to meet
5		patient needs, every hospital shall identify an acuity
6		model for adjusting the staffing plan for each inpatient
7		care unit.
8		(2.5) Each hospital shall implement the staffing plan
9		and assign nursing personnel to each inpatient care unit,
10		including inpatient emergency departments, in accordance
11		with the staffing plan.
12		(A) A registered nurse may report to the nursing
13		care committee any variations where the nurse
14		personnel assignment in an inpatient care unit is not
15		in accordance with the adopted staffing plan and may
16		make a written report to the nursing care committee
17		based on the variations.
18		(B) Shift-to-shift adjustments in staffing levels
19		required by the staffing plan may be made by the
20		appropriate hospital personnel overseeing inpatient
21		care operations. If a registered nurse in an inpatient
22		care unit objects to a shift-to-shift adjustment, the
23		registered nurse may submit a written report to the
24		nursing care committee.
25		(C) The nursing care committee shall develop a
26		process to examine and respond to written reports

HB4844 Engrossed - 1172 - LRB103 39009 AMC 69146 b
1		submitted under subparagraphs (A) and (B) of this
2		paragraph (2.5), including the ability to determine if
3		a specific written report is resolved or should be
4		dismissed.
5		(3) The written staffing plan shall be posted, either
6		by physical or electronic means, in a conspicuous and
7		accessible location for both patients and direct care
8		staff, as required under the Hospital Report Card Act. A
9		copy of the written staffing plan shall be provided to any
10		member of the general public upon request.
11		(d) Nursing care committee.
12		(1) Every hospital shall have a nursing care committee
13		that meets at least 6 times per year. A hospital shall
14		appoint members of a committee whereby at least 55% of the
15		members are registered professional nurses providing
16		direct inpatient care, one of whom shall be selected
17		annually by the direct inpatient care nurses to serve as
18		co-chair of the committee.
19		(2) (Blank).
20		(2.5) A nursing care committee shall prepare and
21		recommend to hospital administration the hospital's
22		written hospital-wide staffing plan. If the staffing plan
23		is not adopted by the hospital, the chief nursing officer
24		shall provide a written statement to the committee prior
25		to a staffing plan being adopted by the hospital that: (A)
26		explains the reasons the committee's proposed staffing

HB4844 Engrossed - 1173 - LRB103 39009 AMC 69146 b
1		plan was not adopted; and (B) describes the changes to the
2		committee's proposed staffing or any alternative to the
3		committee's proposed staffing plan.
4		(3) A nursing care committee's or committees' written
5		staffing plan for the hospital shall be based on the
6		principles from the staffing components set forth in
7		subsection (c). In particular, a committee or committees
8		shall provide input and feedback on the following:
9		(A) Selection, implementation, and evaluation of
10		minimum staffing levels for inpatient care units.
11		(B) Selection, implementation, and evaluation of
12		an acuity model to provide staffing flexibility that
13		aligns changing patient acuity with nursing skills
14		required.
15		(C) Selection, implementation, and evaluation of a
16		written staffing plan incorporating the items
17		described in subdivisions (c)(1) and (c)(2) of this
18		Section.
19		(D) Review the nurse staffing plans for all
20		inpatient areas and current acuity tools and measures
21		in use. The nursing care committee's review shall
22		consider:
23		(i) patient outcomes;
24		(ii) complaints regarding staffing, including
25		complaints about a delay in direct care nursing or
26		an absence of direct care nursing;

HB4844 Engrossed - 1174 - LRB103 39009 AMC 69146 b
1		(iii) the number of hours of nursing care
2		provided through an inpatient hospital unit
3		compared with the number of inpatients served by
4		the hospital unit during a 24-hour period;
5		(iv) the aggregate hours of overtime worked by
6		the nursing staff;
7		(v) the extent to which actual nurse staffing
8		for each hospital inpatient unit differs from the
9		staffing specified by the staffing plan; and
10		(vi) any other matter or change to the
11		staffing plan determined by the committee to
12		ensure that the hospital is staffed to meet the
13		health care needs of patients.
14		(4) A nursing care committee must issue a written
15		report addressing the items described in subparagraphs (A)
16		through (D) of paragraph (3) semi-annually. A written copy
17		of this report shall be made available to direct inpatient
18		care nurses by making available a paper copy of the
19		report, distributing it electronically, or posting it on
20		the hospital's website.
21		(5) A nursing care committee must issue a written
22		report at least annually to the hospital governing board
23		that addresses items including, but not limited to: the
24		items described in paragraph (3); changes made based on
25		committee recommendations and the impact of such changes;
26		and recommendations for future changes related to nurse

HB4844 Engrossed - 1175 - LRB103 39009 AMC 69146 b
1		staffing.
2		(6) A nursing care committee must annually notify the
3		hospital nursing staff of the staff's rights under this
4		Section. The annual notice must provide a phone number and
5		an email address for staff to report noncompliance with
6		the nursing staff's rights as described in this Section.
7		The notice must be provided by email or by regular mail in
8		a manner that effectively facilitates receipt of the
9		notice. The Department shall monitor and enforce the
10		requirements of this paragraph (6).
11		(e) Nothing in this Section 10.10 shall be construed to
12		limit, alter, or modify any of the terms, conditions, or
13		provisions of a collective bargaining agreement entered into
14		by the hospital.
15		(f) No hospital may discipline, discharge, or take any
16		other adverse employment action against an employee solely
17		because the employee expresses a concern or complaint
18		regarding an alleged violation of this Section or concerns
19		related to nurse staffing.
20		(g) Any employee of a hospital may file a complaint with
21		the Department regarding an alleged violation of this Section.
22		The Department must forward notification of the alleged
23		violation to the hospital in question within 10 business days
24		after the complaint is filed. Upon receiving a complaint of a
25		violation of this Section, the Department may take any action
26		authorized under Section Sections 7 or 9 of this Act.

HB4844 Engrossed - 1176 - LRB103 39009 AMC 69146 b
1		(Source: P.A. 102-4, eff. 4-27-21; 102-641, eff. 8-27-21;
2		102-813, eff. 5-13-22; 103-211, eff. 1-1-24; revised 1-2-24.)
3		(210 ILCS 85/11.9)
4		Sec. 11.9. Maternal milk donation education.
5		(a) To ensure an adequate supply of pasteurized donor
6		human milk for premature infants in Illinois, a hospital with
7		licensed obstetric beds shall provide information and
8		instructional materials to parents of each newborn, upon
9		discharge from the hospital, regarding the option to
10		voluntarily donate milk to nonprofit non-profit milk banks
11		that are accredited by the Human Milk Banking Association of
12		North America or its successor organization. The materials
13		shall be provided free of charge and shall include general
14		information regarding nonprofit non-profit milk banking
15		practices and contact information for area nonprofit milk
16		banks that are accredited by the Human Milk Banking
17		Association of North America.
18		(b) The information and instructional materials described
19		in subsection (a) may be provided electronically.
20		(c) Nothing in this Section prohibits a hospital from
21		obtaining free and suitable information on voluntary milk
22		donation from the Human Milk Banking Association of North
23		America, or its successor organization, or its accredited
24		members.
25		(Source: P.A. 103-160, eff. 1-1-24; revised 12-22-23.)

HB4844 Engrossed - 1177 - LRB103 39009 AMC 69146 b
1		Section 340. The Hospital Uninsured Patient Discount Act
2		is amended by changing Section 15 as follows:
3		(210 ILCS 89/15)
4		Sec. 15. Patient responsibility.
5		(a) Hospitals may make the availability of a discount and
6		the maximum collectible amount under this Act contingent upon
7		the uninsured patient first applying for coverage under public
8		health insurance programs, such as Medicare, Medicaid,
9		AllKids, the State Children's Health Insurance Program, the
10		Health Benefits for Immigrants program, or any other program,
11		if there is a reasonable basis to believe that the uninsured
12		patient may be eligible for such program. If the patient
13		declines to apply for a public health insurance program on the
14		basis of concern for immigration-related consequences, the
15		hospital may refer the patient to a free, unbiased resource,
16		such as an Immigrant Family Resource Program, to address the
17		patient's immigration-related concerns and assist in enrolling
18		the patient in a public health insurance program. The hospital
19		may still screen the patient for eligibility under its
20		financial assistance policy.
21		(b) Hospitals shall permit an uninsured patient to apply
22		for a discount within 90 days of the date of discharge, date of
23		service, completion of the screening under the Fair Patient
24		Billing Act, or denial of an application for a public health

HB4844 Engrossed - 1178 - LRB103 39009 AMC 69146 b
1		insurance program.
2		Hospitals shall offer uninsured patients who receive
3		community-based primary care provided by a community health
4		center or a free and charitable clinic, are referred by such an
5		entity to the hospital, and seek access to nonemergency
6		hospital-based health care services with an opportunity to be
7		screened for and assistance with applying for public health
8		insurance programs if there is a reasonable basis to believe
9		that the uninsured patient may be eligible for a public health
10		insurance program. An uninsured patient who receives
11		community-based primary care provided by a community health
12		center or free and charitable clinic and is referred by such an
13		entity to the hospital for whom there is not a reasonable basis
14		to believe that the uninsured patient may be eligible for a
15		public health insurance program shall be given the opportunity
16		to apply for hospital financial assistance when hospital
17		services are scheduled.
18		(1) Income verification. Hospitals may require an
19		uninsured patient who is requesting an uninsured discount
20		to provide documentation of family income. Acceptable
21		family income documentation shall include any one of the
22		following:
23		(A) a copy of the most recent tax return;
24		(B) a copy of the most recent W-2 form and 1099
25		forms;
26		(C) copies of the 2 most recent pay stubs;

HB4844 Engrossed - 1179 - LRB103 39009 AMC 69146 b
1		(D) written income verification from an employer
2		if paid in cash; or
3		(E) one other reasonable form of third-party third
4		party income verification deemed acceptable to the
5		hospital.
6		(2) Asset verification. Hospitals may require an
7		uninsured patient who is requesting an uninsured discount
8		to certify the existence or absence of assets owned by the
9		patient and to provide documentation of the value of such
10		assets, except for those assets referenced in paragraph
11		(4) of subsection (c) of Section 10. Acceptable
12		documentation may include statements from financial
13		institutions or some other third-party third party
14		verification of an asset's value. If no third-party third
15		party verification exists, then the patient shall certify
16		as to the estimated value of the asset.
17		(3) Illinois resident verification. Hospitals may
18		require an uninsured patient who is requesting an
19		uninsured discount to verify Illinois residency.
20		Acceptable verification of Illinois residency shall
21		include any one of the following:
22		(A) any of the documents listed in paragraph (1);
23		(B) a valid state-issued identification card;
24		(C) a recent residential utility bill;
25		(D) a lease agreement;
26		(E) a vehicle registration card;

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1		(F) a voter registration card;
2		(G) mail addressed to the uninsured patient at an
3		Illinois address from a government or other credible
4		source;
5		(H) a statement from a family member of the
6		uninsured patient who resides at the same address and
7		presents verification of residency;
8		(I) a letter from a homeless shelter, transitional
9		house or other similar facility verifying that the
10		uninsured patient resides at the facility; or
11		(J) a temporary visitor's drivers license.
12		(c) Hospital obligations toward an individual uninsured
13		patient under this Act shall cease if that patient
14		unreasonably fails or refuses to provide the hospital with
15		information or documentation requested under subsection (b) or
16		to apply for coverage under public programs when requested
17		under subsection (a) within 30 days of the hospital's request.
18		(d) In order for a hospital to determine the 12 month
19		maximum amount that can be collected from a patient deemed
20		eligible under Section 10, an uninsured patient shall inform
21		the hospital in subsequent inpatient admissions or outpatient
22		encounters that the patient has previously received health
23		care services from that hospital and was determined to be
24		entitled to the uninsured discount.
25		(e) Hospitals may require patients to certify that all of
26		the information provided in the application is true. The

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1		application may state that if any of the information is
2		untrue, any discount granted to the patient is forfeited and
3		the patient is responsible for payment of the hospital's full
4		charges.
5		(f) Hospitals shall ask for an applicant's race,
6		ethnicity, sex, and preferred language on the financial
7		assistance application. However, the questions shall be
8		clearly marked as optional responses for the patient and shall
9		note that responses or nonresponses by the patient will not
10		have any impact on the outcome of the application.
11		(Source: P.A. 102-581, eff. 1-1-22; 103-323, eff. 1-1-24;
12		103-492, eff. 1-1-24; revised 9-7-23.)
13		Section 345. The Birth Center Licensing Act is amended by
14		changing Section 46 as follows:
15		(210 ILCS 170/46)
16		Sec. 46. Maternal milk donation education.
17		(a) To ensure an adequate supply of pasteurized donor
18		human milk for premature infants in Illinois, a birth center
19		with obstetrical service beds shall provide information and
20		instructional materials to parents of each newborn, upon
21		discharge from the birth center, regarding the option to
22		voluntarily donate milk to nonprofit non-profit milk banks
23		that are accredited by the Human Milk Banking Association of
24		North America or its successor organization. The materials

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1		shall be provided free of charge and shall include general
2		information regarding nonprofit non-profit milk banking
3		practices and contact information for area nonprofit milk
4		banks that are accredited by the Human Milk Banking
5		Association of North America.
6		(b) The information and instructional materials described
7		in subsection (a) may be provided electronically.
8		(c) Nothing in this Section prohibits a birth center from
9		obtaining free and suitable information on voluntary milk
10		donation from the Human Milk Banking Association of North
11		America, or its successor organization, or its accredited
12		members.
13		(Source: P.A. 103-160, eff. 1-1-24; revised 12-22-23.)
14		Section 350. The Illinois Insurance Code is amended by
15		setting forth, renumbering, and changing multiple versions of
16		Section 356z.61 and by changing Section 370c.1 as follows:
17		(215 ILCS 5/356z.61)
18		Sec. 356z.61. Coverage for liver disease screening. A
19		group or individual policy of accident and health insurance or
20		a managed care plan that is amended, delivered, issued, or
21		renewed on or after January 1, 2025 shall provide coverage for
22		preventative liver disease screenings for individuals 35 years
23		of age or older and under the age of 65 at high risk for liver
24		disease, including liver ultrasounds and alpha-fetoprotein

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1		blood tests every 6 months, without imposing a deductible,
2		coinsurance, copayment, or any other cost-sharing requirement
3		on the coverage provided; except that this Section does not
4		apply to coverage of liver disease screenings to the extent
5		such coverage would disqualify a high-deductible health plan
6		from eligibility for a health savings account pursuant to
7		Section 223 of the Internal Revenue Code.
8		(Source: P.A. 103-84, eff. 1-1-24.)
9		(215 ILCS 5/356z.63)
10		Sec. 356z.63 356z.61. Coverage of pharmacy testing,
11		screening, vaccinations, and treatment. A group or individual
12		policy of accident and health insurance or a managed care plan
13		that is amended, delivered, issued, or renewed on or after
14		January 1, 2025 shall provide coverage for health care or
15		patient care services provided by a pharmacist if:
16		(1) the pharmacist meets the requirements and scope of
17		practice described in paragraph (15), (16), or (17) of
18		subsection (d) of Section 3 of the Pharmacy Practice Act;
19		(2) the health plan provides coverage for the same
20		service provided by a licensed physician, an advanced
21		practice registered nurse, or a physician assistant;
22		(3) the pharmacist is included in the health benefit
23		plan's network of participating providers; and
24		(4) reimbursement has been successfully negotiated in
25		good faith between the pharmacist and the health plan.

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1		(Source: P.A. 103-1, eff. 4-27-23; revised 8-29-23.)
2		(215 ILCS 5/356z.64)
3		Sec. 356z.64 356z.61. Coverage for compression sleeves. A
4		group or individual policy of accident and health insurance or
5		a managed care plan that is amended, delivered, issued, or
6		renewed on or after January 1, 2025 shall provide coverage for
7		compression sleeves that are is medically necessary for the
8		enrollee to prevent or mitigate lymphedema.
9		(Source: P.A. 103-91, eff. 1-1-24; revised 8-29-23.)
10		(215 ILCS 5/356z.65)
11		Sec. 356z.65 356z.61. Coverage for reconstructive
12		services.
13		(a) As used in this Section, "reconstructive services"
14		means treatments performed on structures of the body damaged
15		by trauma to restore physical appearance.
16		(b) A group or individual policy of accident and health
17		insurance or a managed care plan that is amended, delivered,
18		issued, or renewed on or after January 1, 2025 may not deny
19		coverage for medically necessary reconstructive services that
20		are intended to restore physical appearance.
21		(Source: P.A. 103-123, eff. 1-1-24; revised 8-29-23.)
22		(215 ILCS 5/356z.66)
23		Sec. 356z.66 356z.61. Proton beam therapy.

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1		(a) As used in this Section:
2		"Medically necessary" has the meaning given to that term
3		in the Prior Authorization Reform Act.
4		"Proton beam therapy" means a type of radiation therapy
5		treatment that utilizes protons as the radiation delivery
6		method for the treatment of tumors and cancerous cells.
7		"Radiation therapy treatment" means the delivery of
8		biological effective doses with proton therapy, intensity
9		modulated radiation therapy, brachytherapy, stereotactic body
10		radiation therapy, three-dimensional conformal radiation
11		therapy, or other forms of therapy using radiation.
12		(b) A group or individual policy of accident and health
13		insurance or managed care plan that is amended, delivered,
14		issued, or renewed on or after January 1, 2025 that provides
15		coverage for the treatment of cancer shall not apply a higher
16		standard of clinical evidence for the coverage of proton beam
17		therapy than the insurer applies for the coverage of any other
18		form of radiation therapy treatment.
19		(c) A group or individual policy of accident and health
20		insurance or managed care plan that is amended, delivered,
21		issued, or renewed on or after January 1, 2025 that provides
22		coverage or benefits to any resident of this State for
23		radiation oncology shall include coverage or benefits for
24		medically necessary proton beam therapy for the treatment of
25		cancer.
26		(Source: P.A. 103-325, eff. 1-1-24; revised 8-29-23.)

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1		(215 ILCS 5/356z.67)
2		Sec. 356z.67 356z.61. Coverage of prescription estrogen.
3		(a) A group or individual policy of accident and health
4		insurance or a managed care plan that is amended, delivered,
5		issued, or renewed on or after January 1, 2025 and that
6		provides coverage for prescription drugs shall include
7		coverage for one or more therapeutic equivalent versions of
8		vaginal estrogen in its formulary.
9		(b) If a particular vaginal estrogen product or its
10		therapeutic equivalent version approved by the United States
11		Food and Drug Administration is determined to be medically
12		necessary, the issuer must cover that service or item pursuant
13		to the cost-sharing requirement contained in subsection (c).
14		(c) A policy subject to this Section shall not impose a
15		deductible, copayment, or any other cost sharing requirement
16		that exceeds any deductible, coinsurance, copayment, or any
17		other cost-sharing requirement imposed on any prescription
18		drug authorized for the treatment of erectile dysfunction
19		covered by the policy; except that this subsection does not
20		apply to coverage of vaginal estrogen to the extent such
21		coverage would disqualify a high-deductible health plan from
22		eligibility for a health savings account pursuant to Section
23		223 of the Internal Revenue Code.
24		(d) As used in this Section, "therapeutic equivalent
25		version" has the meaning given to that term in paragraph (2) of

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1		subsection (a) of Section 356z.4.
2		(Source: P.A. 103-420, eff. 1-1-24; revised 8-29-23.)
3		(215 ILCS 5/356z.68)
4		Sec. 356z.68 356z.61. Home saliva cancer screening.
5		(a) As used in this Section, "home saliva cancer
6		screening" means an outpatient test that utilizes an
7		individual's saliva to detect biomarkers for early-stage
8		cancer.
9		(b) An individual or group policy of accident and health
10		insurance that is amended, delivered, issued, or renewed on or
11		after January 1, 2025 shall cover a medically necessary home
12		saliva cancer screening every 24 months if the patient:
13		(1) is asymptomatic and at high risk for the disease
14		being tested for; or
15		(2) demonstrates symptoms of the disease being tested
16		for at a physical exam.
17		(Source: P.A. 103-445, eff. 1-1-24; revised 8-29-23.)
18		(215 ILCS 5/356z.69)
19		Sec. 356z.69 356z.61. Coverage for children with
20		neuromuscular, neurological, or cognitive impairment. A group
21		or individual policy of accident and health insurance amended,
22		delivered, issued, or renewed on or after January 1, 2025
23		shall provide coverage for therapy, diagnostic testing, and
24		equipment necessary to increase quality of life for children

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1		who have been clinically or genetically diagnosed with any
2		disease, syndrome, or disorder that includes low tone
3		neuromuscular impairment, neurological impairment, or
4		cognitive impairment.
5		(Source: P.A. 103-458, eff. 1-1-24; revised 8-29-23.)
6		(215 ILCS 5/356z.70)
7		Sec. 356z.70 356z.61. Coverage of no-cost mental health
8		prevention and wellness visits.
9		(a) A group or individual policy of accident and health
10		insurance or managed care plan that is amended, delivered,
11		issued, or renewed on or after January 1, 2025 shall provide
12		coverage for one annual mental health prevention and wellness
13		visit for children and for adults.
14		(b) Mental health prevention and wellness visits shall
15		include any age-appropriate screening recommended by the
16		United States Preventive Services Task Force or by the
17		American Academy of Pediatrics' Bright Futures: Guidelines for
18		Health Supervision of Infants, Children, and Adolescents for
19		purposes of identifying a mental health issue, condition, or
20		disorder; discussing mental health symptoms that might be
21		present, including symptoms of a previously diagnosed mental
22		health condition or disorder; performing an evaluation of
23		adverse childhood experiences; and discussing mental health
24		and wellness.
25		(c) A mental health prevention and wellness visit shall be

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1		covered for up to 60 minutes and may be performed by a
2		physician licensed to practice medicine in all of its
3		branches, a licensed clinical psychologist, a licensed
4		clinical social worker, a licensed clinical professional
5		counselor, a licensed marriage and family therapist, a
6		licensed social worker, or a licensed professional counselor.
7		(d) A policy subject to this Section shall not impose a
8		deductible, coinsurance, copayment, or other cost-sharing
9		requirement for mental health prevention and wellness visits.
10		The cost-sharing prohibition in this subsection (d) does not
11		apply to coverage of mental health prevention and wellness
12		visits to the extent such coverage would disqualify a
13		high-deductible health plan from eligibility for a health
14		savings account pursuant to Section 223 of the Internal
15		Revenue Code.
16		(e) A mental health prevention and wellness visit shall be
17		in addition to an annual physical examination and shall not
18		replace a well-child visit or a general health or medical
19		visit.
20		(f) A mental health prevention and wellness visit shall be
21		reimbursed through the following American Medical Association
22		current procedural terminology codes and at the same rate that
23		current procedural terminology codes are reimbursed for the
24		provision of other medical care: 99381-99387 and 99391-99397.
25		The Department shall update the current procedural terminology
26		codes through adoption of rules if the codes listed in this

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1		subsection are altered, amended, changed, deleted, or
2		supplemented.
3		(g) Reimbursement of any of the current procedural
4		terminology codes listed in this Section shall comply with the
5		following:
6		(1) reimbursement may be adjusted for payment of
7		claims that are billed by a nonphysician clinician so long
8		as the methodology to determine the adjustments are
9		comparable to and applied no more stringently than the
10		methodology for adjustments made for reimbursement of
11		claims billed by nonphysician clinicians for other medical
12		care, in accordance with 45 CFR 146.136(c)(4); and
13		(2) for a mental health prevention and wellness visit
14		and for a service other than a mental health prevention
15		and wellness visit, reimbursement shall not be denied if
16		they occur on the same date by the same provider and the
17		provider is a primary care provider.
18		(h) A mental health prevention and wellness visit may be
19		incorporated into and reimbursed within any type of integrated
20		primary care service delivery method, including, but not
21		limited to, a psychiatric collaborative care model as provided
22		for under this Code.
23		(i) The Department shall adopt any rules necessary to
24		implement this Section by no later than October 31, 2024.
25		(Source: P.A. 103-535, eff. 8-11-23; revised 8-29-23.)

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1		(215 ILCS 5/370c.1)
2		Sec. 370c.1. Mental, emotional, nervous, or substance use
3		disorder or condition parity.
4		(a) On and after July 23, 2021 (the effective date of
5		Public Act 102-135), every insurer that amends, delivers,
6		issues, or renews a group or individual policy of accident and
7		health insurance or a qualified health plan offered through
8		the Health Insurance Marketplace in this State providing
9		coverage for hospital or medical treatment and for the
10		treatment of mental, emotional, nervous, or substance use
11		disorders or conditions shall ensure prior to policy issuance
12		that:
13		(1) the financial requirements applicable to such
14		mental, emotional, nervous, or substance use disorder or
15		condition benefits are no more restrictive than the
16		predominant financial requirements applied to
17		substantially all hospital and medical benefits covered by
18		the policy and that there are no separate cost-sharing
19		requirements that are applicable only with respect to
20		mental, emotional, nervous, or substance use disorder or
21		condition benefits; and
22		(2) the treatment limitations applicable to such
23		mental, emotional, nervous, or substance use disorder or
24		condition benefits are no more restrictive than the
25		predominant treatment limitations applied to substantially
26		all hospital and medical benefits covered by the policy

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1		and that there are no separate treatment limitations that
2		are applicable only with respect to mental, emotional,
3		nervous, or substance use disorder or condition benefits.
4		(b) The following provisions shall apply concerning
5		aggregate lifetime limits:
6		(1) In the case of a group or individual policy of
7		accident and health insurance or a qualified health plan
8		offered through the Health Insurance Marketplace amended,
9		delivered, issued, or renewed in this State on or after
10		September 9, 2015 (the effective date of Public Act
11		99-480) that provides coverage for hospital or medical
12		treatment and for the treatment of mental, emotional,
13		nervous, or substance use disorders or conditions the
14		following provisions shall apply:
15		(A) if the policy does not include an aggregate
16		lifetime limit on substantially all hospital and
17		medical benefits, then the policy may not impose any
18		aggregate lifetime limit on mental, emotional,
19		nervous, or substance use disorder or condition
20		benefits; or
21		(B) if the policy includes an aggregate lifetime
22		limit on substantially all hospital and medical
23		benefits (in this subsection referred to as the
24		"applicable lifetime limit"), then the policy shall
25		either:
26		(i) apply the applicable lifetime limit both

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1		to the hospital and medical benefits to which it
2		otherwise would apply and to mental, emotional,
3		nervous, or substance use disorder or condition
4		benefits and not distinguish in the application of
5		the limit between the hospital and medical
6		benefits and mental, emotional, nervous, or
7		substance use disorder or condition benefits; or
8		(ii) not include any aggregate lifetime limit
9		on mental, emotional, nervous, or substance use
10		disorder or condition benefits that is less than
11		the applicable lifetime limit.
12		(2) In the case of a policy that is not described in
13		paragraph (1) of subsection (b) of this Section and that
14		includes no or different aggregate lifetime limits on
15		different categories of hospital and medical benefits, the
16		Director shall establish rules under which subparagraph
17		(B) of paragraph (1) of subsection (b) of this Section is
18		applied to such policy with respect to mental, emotional,
19		nervous, or substance use disorder or condition benefits
20		by substituting for the applicable lifetime limit an
21		average aggregate lifetime limit that is computed taking
22		into account the weighted average of the aggregate
23		lifetime limits applicable to such categories.
24		(c) The following provisions shall apply concerning annual
25		limits:
26		(1) In the case of a group or individual policy of

HB4844 Engrossed - 1194 - LRB103 39009 AMC 69146 b
1		accident and health insurance or a qualified health plan
2		offered through the Health Insurance Marketplace amended,
3		delivered, issued, or renewed in this State on or after
4		September 9, 2015 (the effective date of Public Act
5		99-480) that provides coverage for hospital or medical
6		treatment and for the treatment of mental, emotional,
7		nervous, or substance use disorders or conditions the
8		following provisions shall apply:
9		(A) if the policy does not include an annual limit
10		on substantially all hospital and medical benefits,
11		then the policy may not impose any annual limits on
12		mental, emotional, nervous, or substance use disorder
13		or condition benefits; or
14		(B) if the policy includes an annual limit on
15		substantially all hospital and medical benefits (in
16		this subsection referred to as the "applicable annual
17		limit"), then the policy shall either:
18		(i) apply the applicable annual limit both to
19		the hospital and medical benefits to which it
20		otherwise would apply and to mental, emotional,
21		nervous, or substance use disorder or condition
22		benefits and not distinguish in the application of
23		the limit between the hospital and medical
24		benefits and mental, emotional, nervous, or
25		substance use disorder or condition benefits; or
26		(ii) not include any annual limit on mental,

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1		emotional, nervous, or substance use disorder or
2		condition benefits that is less than the
3		applicable annual limit.
4		(2) In the case of a policy that is not described in
5		paragraph (1) of subsection (c) of this Section and that
6		includes no or different annual limits on different
7		categories of hospital and medical benefits, the Director
8		shall establish rules under which subparagraph (B) of
9		paragraph (1) of subsection (c) of this Section is applied
10		to such policy with respect to mental, emotional, nervous,
11		or substance use disorder or condition benefits by
12		substituting for the applicable annual limit an average
13		annual limit that is computed taking into account the
14		weighted average of the annual limits applicable to such
15		categories.
16		(d) With respect to mental, emotional, nervous, or
17		substance use disorders or conditions, an insurer shall use
18		policies and procedures for the election and placement of
19		mental, emotional, nervous, or substance use disorder or
20		condition treatment drugs on their formulary that are no less
21		favorable to the insured as those policies and procedures the
22		insurer uses for the selection and placement of drugs for
23		medical or surgical conditions and shall follow the expedited
24		coverage determination requirements for substance abuse
25		treatment drugs set forth in Section 45.2 of the Managed Care
26		Reform and Patient Rights Act.

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1		(e) This Section shall be interpreted in a manner
2		consistent with all applicable federal parity regulations
3		including, but not limited to, the Paul Wellstone and Pete
4		Domenici Mental Health Parity and Addiction Equity Act of
5		2008, final regulations issued under the Paul Wellstone and
6		Pete Domenici Mental Health Parity and Addiction Equity Act of
7		2008 and final regulations applying the Paul Wellstone and
8		Pete Domenici Mental Health Parity and Addiction Equity Act of
9		2008 to Medicaid managed care organizations, the Children's
10		Health Insurance Program, and alternative benefit plans.
11		(f) The provisions of subsections (b) and (c) of this
12		Section shall not be interpreted to allow the use of lifetime
13		or annual limits otherwise prohibited by State or federal law.
14		(g) As used in this Section:
15		"Financial requirement" includes deductibles, copayments,
16		coinsurance, and out-of-pocket maximums, but does not include
17		an aggregate lifetime limit or an annual limit subject to
18		subsections (b) and (c).
19		"Mental, emotional, nervous, or substance use disorder or
20		condition" means a condition or disorder that involves a
21		mental health condition or substance use disorder that falls
22		under any of the diagnostic categories listed in the mental
23		and behavioral disorders chapter of the current edition of the
24		International Classification of Disease or that is listed in
25		the most recent version of the Diagnostic and Statistical
26		Manual of Mental Disorders.

HB4844 Engrossed - 1197 - LRB103 39009 AMC 69146 b
1		"Treatment limitation" includes limits on benefits based
2		on the frequency of treatment, number of visits, days of
3		coverage, days in a waiting period, or other similar limits on
4		the scope or duration of treatment. "Treatment limitation"
5		includes both quantitative treatment limitations, which are
6		expressed numerically (such as 50 outpatient visits per year),
7		and nonquantitative treatment limitations, which otherwise
8		limit the scope or duration of treatment. A permanent
9		exclusion of all benefits for a particular condition or
10		disorder shall not be considered a treatment limitation.
11		"Nonquantitative treatment" means those limitations as
12		described under federal regulations (26 CFR 54.9812-1).
13		"Nonquantitative treatment limitations" include, but are not
14		limited to, those limitations described under federal
15		regulations 26 CFR 54.9812-1, 29 CFR 2590.712, and 45 CFR
16		146.136.
17		(h) The Department of Insurance shall implement the
18		following education initiatives:
19		(1) By January 1, 2016, the Department shall develop a
20		plan for a Consumer Education Campaign on parity. The
21		Consumer Education Campaign shall focus its efforts
22		throughout the State and include trainings in the
23		northern, southern, and central regions of the State, as
24		defined by the Department, as well as each of the 5 managed
25		care regions of the State as identified by the Department
26		of Healthcare and Family Services. Under this Consumer

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1		Education Campaign, the Department shall: (1) by January
2		1, 2017, provide at least one live training in each region
3		on parity for consumers and providers and one webinar
4		training to be posted on the Department website and (2)
5		establish a consumer hotline to assist consumers in
6		navigating the parity process by March 1, 2017. By January
7		1, 2018 the Department shall issue a report to the General
8		Assembly on the success of the Consumer Education
9		Campaign, which shall indicate whether additional training
10		is necessary or would be recommended.
11		(2) The Department, in coordination with the
12		Department of Human Services and the Department of
13		Healthcare and Family Services, shall convene a working
14		group of health care insurance carriers, mental health
15		advocacy groups, substance abuse patient advocacy groups,
16		and mental health physician groups for the purpose of
17		discussing issues related to the treatment and coverage of
18		mental, emotional, nervous, or substance use disorders or
19		conditions and compliance with parity obligations under
20		State and federal law. Compliance shall be measured,
21		tracked, and shared during the meetings of the working
22		group. The working group shall meet once before January 1,
23		2016 and shall meet semiannually thereafter. The
24		Department shall issue an annual report to the General
25		Assembly that includes a list of the health care insurance
26		carriers, mental health advocacy groups, substance abuse

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1		patient advocacy groups, and mental health physician
2		groups that participated in the working group meetings,
3		details on the issues and topics covered, and any
4		legislative recommendations developed by the working
5		group.
6		(3) Not later than January 1 of each year, the
7		Department, in conjunction with the Department of
8		Healthcare and Family Services, shall issue a joint report
9		to the General Assembly and provide an educational
10		presentation to the General Assembly. The report and
11		presentation shall:
12		(A) Cover the methodology the Departments use to
13		check for compliance with the federal Paul Wellstone
14		and Pete Domenici Mental Health Parity and Addiction
15		Equity Act of 2008, 42 U.S.C. 18031(j), and any
16		federal regulations or guidance relating to the
17		compliance and oversight of the federal Paul Wellstone
18		and Pete Domenici Mental Health Parity and Addiction
19		Equity Act of 2008 and 42 U.S.C. 18031(j).
20		(B) Cover the methodology the Departments use to
21		check for compliance with this Section and Sections
22		356z.23 and 370c of this Code.
23		(C) Identify market conduct examinations or, in
24		the case of the Department of Healthcare and Family
25		Services, audits conducted or completed during the
26		preceding 12-month period regarding compliance with

HB4844 Engrossed - 1200 - LRB103 39009 AMC 69146 b
1		parity in mental, emotional, nervous, and substance
2		use disorder or condition benefits under State and
3		federal laws and summarize the results of such market
4		conduct examinations and audits. This shall include:
5		(i) the number of market conduct examinations
6		and audits initiated and completed;
7		(ii) the benefit classifications examined by
8		each market conduct examination and audit;
9		(iii) the subject matter of each market
10		conduct examination and audit, including
11		quantitative and nonquantitative treatment
12		limitations; and
13		(iv) a summary of the basis for the final
14		decision rendered in each market conduct
15		examination and audit.
16		Individually identifiable information shall be
17		excluded from the reports consistent with federal
18		privacy protections.
19		(D) Detail any educational or corrective actions
20		the Departments have taken to ensure compliance with
21		the federal Paul Wellstone and Pete Domenici Mental
22		Health Parity and Addiction Equity Act of 2008, 42
23		U.S.C. 18031(j), this Section, and Sections 356z.23
24		and 370c of this Code.
25		(E) The report must be written in non-technical,
26		readily understandable language and shall be made

HB4844 Engrossed - 1201 - LRB103 39009 AMC 69146 b
1		available to the public by, among such other means as
2		the Departments find appropriate, posting the report
3		on the Departments' websites.
4		(i) The Parity Advancement Fund is created as a special
5		fund in the State treasury. Moneys from fines and penalties
6		collected from insurers for violations of this Section shall
7		be deposited into the Fund. Moneys deposited into the Fund for
8		appropriation by the General Assembly to the Department shall
9		be used for the purpose of providing financial support of the
10		Consumer Education Campaign, parity compliance advocacy, and
11		other initiatives that support parity implementation and
12		enforcement on behalf of consumers.
13		(j) (Blank).
14		(j-5) The Department of Insurance shall collect the
15		following information:
16		(1) The number of employment disability insurance
17		plans offered in this State, including, but not limited
18		to:
19		(A) individual short-term policies;
20		(B) individual long-term policies;
21		(C) group short-term policies; and
22		(D) group long-term policies.
23		(2) The number of policies referenced in paragraph (1)
24		of this subsection that limit mental health and substance
25		use disorder benefits.
26		(3) The average defined benefit period for the

HB4844 Engrossed - 1202 - LRB103 39009 AMC 69146 b
1		policies referenced in paragraph (1) of this subsection,
2		both for those policies that limit and those policies that
3		have no limitation on mental health and substance use
4		disorder benefits.
5		(4) Whether the policies referenced in paragraph (1)
6		of this subsection are purchased on a voluntary or
7		non-voluntary basis.
8		(5) The identities of the individuals, entities, or a
9		combination of the 2, that assume the cost associated with
10		covering the policies referenced in paragraph (1) of this
11		subsection.
12		(6) The average defined benefit period for plans that
13		cover physical disability and mental health and substance
14		abuse without limitation, including, but not limited to:
15		(A) individual short-term policies;
16		(B) individual long-term policies;
17		(C) group short-term policies; and
18		(D) group long-term policies.
19		(7) The average premiums for disability income
20		insurance issued in this State for:
21		(A) individual short-term policies that limit
22		mental health and substance use disorder benefits;
23		(B) individual long-term policies that limit
24		mental health and substance use disorder benefits;
25		(C) group short-term policies that limit mental
26		health and substance use disorder benefits;

HB4844 Engrossed - 1203 - LRB103 39009 AMC 69146 b
1		(D) group long-term policies that limit mental
2		health and substance use disorder benefits;
3		(E) individual short-term policies that include
4		mental health and substance use disorder benefits
5		without limitation;
6		(F) individual long-term policies that include
7		mental health and substance use disorder benefits
8		without limitation;
9		(G) group short-term policies that include mental
10		health and substance use disorder benefits without
11		limitation; and
12		(H) group long-term policies that include mental
13		health and substance use disorder benefits without
14		limitation.
15		The Department shall present its findings regarding
16		information collected under this subsection (j-5) to the
17		General Assembly no later than April 30, 2024. Information
18		regarding a specific insurance provider's contributions to the
19		Department's report shall be exempt from disclosure under
20		paragraph (t) of subsection (1) of Section 7 of the Freedom of
21		Information Act. The aggregated information gathered by the
22		Department shall not be exempt from disclosure under paragraph
23		(t) of subsection (1) of Section 7 of the Freedom of
24		Information Act.
25		(k) An insurer that amends, delivers, issues, or renews a
26		group or individual policy of accident and health insurance or

HB4844 Engrossed - 1204 - LRB103 39009 AMC 69146 b
1		a qualified health plan offered through the health insurance
2		marketplace in this State providing coverage for hospital or
3		medical treatment and for the treatment of mental, emotional,
4		nervous, or substance use disorders or conditions shall submit
5		an annual report, the format and definitions for which will be
6		determined by the Department and the Department of Healthcare
7		and Family Services and posted on their respective websites,
8		starting on September 1, 2023 and annually thereafter, that
9		contains the following information separately for inpatient
10		in-network benefits, inpatient out-of-network benefits,
11		outpatient in-network benefits, outpatient out-of-network
12		benefits, emergency care benefits, and prescription drug
13		benefits in the case of accident and health insurance or
14		qualified health plans, or inpatient, outpatient, emergency
15		care, and prescription drug benefits in the case of medical
16		assistance:
17		(1) A summary of the plan's pharmacy management
18		processes for mental, emotional, nervous, or substance use
19		disorder or condition benefits compared to those for other
20		medical benefits.
21		(2) A summary of the internal processes of review for
22		experimental benefits and unproven technology for mental,
23		emotional, nervous, or substance use disorder or condition
24		benefits and those for other medical benefits.
25		(3) A summary of how the plan's policies and
26		procedures for utilization management for mental,

HB4844 Engrossed - 1205 - LRB103 39009 AMC 69146 b
1		emotional, nervous, or substance use disorder or condition
2		benefits compare to those for other medical benefits.
3		(4) A description of the process used to develop or
4		select the medical necessity criteria for mental,
5		emotional, nervous, or substance use disorder or condition
6		benefits and the process used to develop or select the
7		medical necessity criteria for medical and surgical
8		benefits.
9		(5) Identification of all nonquantitative treatment
10		limitations that are applied to both mental, emotional,
11		nervous, or substance use disorder or condition benefits
12		and medical and surgical benefits within each
13		classification of benefits.
14		(6) The results of an analysis that demonstrates that
15		for the medical necessity criteria described in
16		subparagraph (A) and for each nonquantitative treatment
17		limitation identified in subparagraph (B), as written and
18		in operation, the processes, strategies, evidentiary
19		standards, or other factors used in applying the medical
20		necessity criteria and each nonquantitative treatment
21		limitation to mental, emotional, nervous, or substance use
22		disorder or condition benefits within each classification
23		of benefits are comparable to, and are applied no more
24		stringently than, the processes, strategies, evidentiary
25		standards, or other factors used in applying the medical
26		necessity criteria and each nonquantitative treatment

HB4844 Engrossed - 1206 - LRB103 39009 AMC 69146 b
1		limitation to medical and surgical benefits within the
2		corresponding classification of benefits; at a minimum,
3		the results of the analysis shall:
4		(A) identify the factors used to determine that a
5		nonquantitative treatment limitation applies to a
6		benefit, including factors that were considered but
7		rejected;
8		(B) identify and define the specific evidentiary
9		standards used to define the factors and any other
10		evidence relied upon in designing each nonquantitative
11		treatment limitation;
12		(C) provide the comparative analyses, including
13		the results of the analyses, performed to determine
14		that the processes and strategies used to design each
15		nonquantitative treatment limitation, as written, for
16		mental, emotional, nervous, or substance use disorder
17		or condition benefits are comparable to, and are
18		applied no more stringently than, the processes and
19		strategies used to design each nonquantitative
20		treatment limitation, as written, for medical and
21		surgical benefits;
22		(D) provide the comparative analyses, including
23		the results of the analyses, performed to determine
24		that the processes and strategies used to apply each
25		nonquantitative treatment limitation, in operation,
26		for mental, emotional, nervous, or substance use

HB4844 Engrossed - 1207 - LRB103 39009 AMC 69146 b
1		disorder or condition benefits are comparable to, and
2		applied no more stringently than, the processes or
3		strategies used to apply each nonquantitative
4		treatment limitation, in operation, for medical and
5		surgical benefits; and
6		(E) disclose the specific findings and conclusions
7		reached by the insurer that the results of the
8		analyses described in subparagraphs (C) and (D)
9		indicate that the insurer is in compliance with this
10		Section and the Mental Health Parity and Addiction
11		Equity Act of 2008 and its implementing regulations,
12		which includes 42 CFR Parts 438, 440, and 457 and 45
13		CFR 146.136 and any other related federal regulations
14		found in the Code of Federal Regulations.
15		(7) Any other information necessary to clarify data
16		provided in accordance with this Section requested by the
17		Director, including information that may be proprietary or
18		have commercial value, under the requirements of Section
19		30 of the Viatical Settlements Act of 2009.
20		(l) An insurer that amends, delivers, issues, or renews a
21		group or individual policy of accident and health insurance or
22		a qualified health plan offered through the health insurance
23		marketplace in this State providing coverage for hospital or
24		medical treatment and for the treatment of mental, emotional,
25		nervous, or substance use disorders or conditions on or after
26		January 1, 2019 (the effective date of Public Act 100-1024)

HB4844 Engrossed - 1208 - LRB103 39009 AMC 69146 b
1		shall, in advance of the plan year, make available to the
2		Department or, with respect to medical assistance, the
3		Department of Healthcare and Family Services and to all plan
4		participants and beneficiaries the information required in
5		subparagraphs (C) through (E) of paragraph (6) of subsection
6		(k). For plan participants and medical assistance
7		beneficiaries, the information required in subparagraphs (C)
8		through (E) of paragraph (6) of subsection (k) shall be made
9		available on a publicly available publicly-available website
10		whose web address is prominently displayed in plan and managed
11		care organization informational and marketing materials.
12		(m) In conjunction with its compliance examination program
13		conducted in accordance with the Illinois State Auditing Act,
14		the Auditor General shall undertake a review of compliance by
15		the Department and the Department of Healthcare and Family
16		Services with Section 370c and this Section. Any findings
17		resulting from the review conducted under this Section shall
18		be included in the applicable State agency's compliance
19		examination report. Each compliance examination report shall
20		be issued in accordance with Section 3-14 of the Illinois
21		State Auditing Act. A copy of each report shall also be
22		delivered to the head of the applicable State agency and
23		posted on the Auditor General's website.
24		(Source: P.A. 102-135, eff. 7-23-21; 102-579, eff. 8-25-21;
25		102-813, eff. 5-13-22; 103-94, eff. 1-1-24; 103-105, eff.
26		6-27-23; revised 12-15-23.)

HB4844 Engrossed - 1209 - LRB103 39009 AMC 69146 b
1		Section 355. The Network Adequacy and Transparency Act is
2		amended by changing Section 25 as follows:
3		(215 ILCS 124/25)
4		Sec. 25. Network transparency.
5		(a) A network plan shall post electronically an
6		up-to-date, accurate, and complete provider directory for each
7		of its network plans, with the information and search
8		functions, as described in this Section.
9		(1) In making the directory available electronically,
10		the network plans shall ensure that the general public is
11		able to view all of the current providers for a plan
12		through a clearly identifiable link or tab and without
13		creating or accessing an account or entering a policy or
14		contract number.
15		(2) The network plan shall update the online provider
16		directory at least monthly. Providers shall notify the
17		network plan electronically or in writing of any changes
18		to their information as listed in the provider directory,
19		including the information required in subparagraph (K) of
20		paragraph (1) of subsection (b). The network plan shall
21		update its online provider directory in a manner
22		consistent with the information provided by the provider
23		within 10 business days after being notified of the change
24		by the provider. Nothing in this paragraph (2) shall void

HB4844 Engrossed - 1210 - LRB103 39009 AMC 69146 b
1		any contractual relationship between the provider and the
2		plan.
3		(3) The network plan shall audit periodically at least
4		25% of its provider directories for accuracy, make any
5		corrections necessary, and retain documentation of the
6		audit. The network plan shall submit the audit to the
7		Director upon request. As part of these audits, the
8		network plan shall contact any provider in its network
9		that has not submitted a claim to the plan or otherwise
10		communicated his or her intent to continue participation
11		in the plan's network.
12		(4) A network plan shall provide a printed print copy
13		of a current provider directory or a printed print copy of
14		the requested directory information upon request of a
15		beneficiary or a prospective beneficiary. Printed Print
16		copies must be updated quarterly and an errata that
17		reflects changes in the provider network must be updated
18		quarterly.
19		(5) For each network plan, a network plan shall
20		include, in plain language in both the electronic and
21		print directory, the following general information:
22		(A) in plain language, a description of the
23		criteria the plan has used to build its provider
24		network;
25		(B) if applicable, in plain language, a
26		description of the criteria the insurer or network

HB4844 Engrossed - 1211 - LRB103 39009 AMC 69146 b
1		plan has used to create tiered networks;
2		(C) if applicable, in plain language, how the
3		network plan designates the different provider tiers
4		or levels in the network and identifies for each
5		specific provider, hospital, or other type of facility
6		in the network which tier each is placed, for example,
7		by name, symbols, or grouping, in order for a
8		beneficiary-covered person or a prospective
9		beneficiary-covered person to be able to identify the
10		provider tier; and
11		(D) if applicable, a notation that authorization
12		or referral may be required to access some providers.
13		(6) A network plan shall make it clear for both its
14		electronic and print directories what provider directory
15		applies to which network plan, such as including the
16		specific name of the network plan as marketed and issued
17		in this State. The network plan shall include in both its
18		electronic and print directories a customer service email
19		address and telephone number or electronic link that
20		beneficiaries or the general public may use to notify the
21		network plan of inaccurate provider directory information
22		and contact information for the Department's Office of
23		Consumer Health Insurance.
24		(7) A provider directory, whether in electronic or
25		print format, shall accommodate the communication needs of
26		individuals with disabilities, and include a link to or

HB4844 Engrossed - 1212 - LRB103 39009 AMC 69146 b
1		information regarding available assistance for persons
2		with limited English proficiency.
3		(b) For each network plan, a network plan shall make
4		available through an electronic provider directory the
5		following information in a searchable format:
6		(1) for health care professionals:
7		(A) name;
8		(B) gender;
9		(C) participating office locations;
10		(D) specialty, if applicable;
11		(E) medical group affiliations, if applicable;
12		(F) facility affiliations, if applicable;
13		(G) participating facility affiliations, if
14		applicable;
15		(H) languages spoken other than English, if
16		applicable;
17		(I) whether accepting new patients;
18		(J) board certifications, if applicable; and
19		(K) use of telehealth or telemedicine, including,
20		but not limited to:
21		(i) whether the provider offers the use of
22		telehealth or telemedicine to deliver services to
23		patients for whom it would be clinically
24		appropriate;
25		(ii) what modalities are used and what types
26		of services may be provided via telehealth or

HB4844 Engrossed - 1213 - LRB103 39009 AMC 69146 b
1		telemedicine; and
2		(iii) whether the provider has the ability and
3		willingness to include in a telehealth or
4		telemedicine encounter a family caregiver who is
5		in a separate location than the patient if the
6		patient wishes and provides his or her consent;
7		(2) for hospitals:
8		(A) hospital name;
9		(B) hospital type (such as acute, rehabilitation,
10		children's, or cancer);
11		(C) participating hospital location; and
12		(D) hospital accreditation status; and
13		(3) for facilities, other than hospitals, by type:
14		(A) facility name;
15		(B) facility type;
16		(C) types of services performed; and
17		(D) participating facility location or locations.
18		(c) For the electronic provider directories, for each
19		network plan, a network plan shall make available all of the
20		following information in addition to the searchable
21		information required in this Section:
22		(1) for health care professionals:
23		(A) contact information; and
24		(B) languages spoken other than English by
25		clinical staff, if applicable;
26		(2) for hospitals, telephone number; and

HB4844 Engrossed - 1214 - LRB103 39009 AMC 69146 b
1		(3) for facilities other than hospitals, telephone
2		number.
3		(d) The insurer or network plan shall make available in
4		print, upon request, the following provider directory
5		information for the applicable network plan:
6		(1) for health care professionals:
7		(A) name;
8		(B) contact information;
9		(C) participating office location or locations;
10		(D) specialty, if applicable;
11		(E) languages spoken other than English, if
12		applicable;
13		(F) whether accepting new patients; and
14		(G) use of telehealth or telemedicine, including,
15		but not limited to:
16		(i) whether the provider offers the use of
17		telehealth or telemedicine to deliver services to
18		patients for whom it would be clinically
19		appropriate;
20		(ii) what modalities are used and what types
21		of services may be provided via telehealth or
22		telemedicine; and
23		(iii) whether the provider has the ability and
24		willingness to include in a telehealth or
25		telemedicine encounter a family caregiver who is
26		in a separate location than the patient if the

HB4844 Engrossed - 1215 - LRB103 39009 AMC 69146 b
1		patient wishes and provides his or her consent;
2		(2) for hospitals:
3		(A) hospital name;
4		(B) hospital type (such as acute, rehabilitation,
5		children's, or cancer); and
6		(C) participating hospital location and telephone
7		number; and
8		(3) for facilities, other than hospitals, by type:
9		(A) facility name;
10		(B) facility type;
11		(C) types of services performed; and
12		(D) participating facility location or locations
13		and telephone numbers.
14		(e) The network plan shall include a disclosure in the
15		print format provider directory that the information included
16		in the directory is accurate as of the date of printing and
17		that beneficiaries or prospective beneficiaries should consult
18		the insurer's electronic provider directory on its website and
19		contact the provider. The network plan shall also include a
20		telephone number in the print format provider directory for a
21		customer service representative where the beneficiary can
22		obtain current provider directory information.
23		(f) The Director may conduct periodic audits of the
24		accuracy of provider directories. A network plan shall not be
25		subject to any fines or penalties for information required in
26		this Section that a provider submits that is inaccurate or

HB4844 Engrossed - 1216 - LRB103 39009 AMC 69146 b
1		incomplete.
2		(Source: P.A. 102-92, eff. 7-9-21; revised 9-26-23.)
3		Section 360. The Health Maintenance Organization Act is
4		amended by changing Section 5-3 as follows:
5		(215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2)
6		Sec. 5-3. Insurance Code provisions.
7		(a) Health Maintenance Organizations shall be subject to
8		the provisions of Sections 133, 134, 136, 137, 139, 140,
9		141.1, 141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153,
10		154, 154.5, 154.6, 154.7, 154.8, 155.04, 155.22a, 155.49,
11		355.2, 355.3, 355b, 355c, 356f, 356g.5-1, 356m, 356q, 356v,
12		356w, 356x, 356z.2, 356z.3a, 356z.4, 356z.4a, 356z.5, 356z.6,
13		356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14,
14		356z.15, 356z.17, 356z.18, 356z.19, 356z.20, 356z.21, 356z.22,
15		356z.23, 356z.24, 356z.25, 356z.26, 356z.28, 356z.29, 356z.30,
16		356z.30a, 356z.31, 356z.32, 356z.33, 356z.34, 356z.35,
17		356z.36, 356z.37, 356z.38, 356z.39, 356z.40, 356z.41, 356z.44,
18		356z.45, 356z.46, 356z.47, 356z.48, 356z.49, 356z.50, 356z.51,
19		356z.53, 356z.54, 356z.55, 356z.56, 356z.57, 356z.58, 356z.59,
20		356z.60, 356z.61, 356z.62, 356z.64, 356z.65, 356z.67, 356z.68,
21		364, 364.01, 364.3, 367.2, 367.2-5, 367i, 368a, 368b, 368c,
22		368d, 368e, 370c, 370c.1, 401, 401.1, 402, 403, 403A, 408,
23		408.2, 409, 412, 444, and 444.1, paragraph (c) of subsection
24		(2) of Section 367, and Articles IIA, VIII 1/2, XII, XII 1/2,

HB4844 Engrossed - 1217 - LRB103 39009 AMC 69146 b
1		XIII, XIII 1/2, XXV, XXVI, and XXXIIB of the Illinois
2		Insurance Code.
3		(b) For purposes of the Illinois Insurance Code, except
4		for Sections 444 and 444.1 and Articles XIII and XIII 1/2,
5		Health Maintenance Organizations in the following categories
6		are deemed to be "domestic companies":
7		(1) a corporation authorized under the Dental Service
8		Plan Act or the Voluntary Health Services Plans Act;
9		(2) a corporation organized under the laws of this
10		State; or
11		(3) a corporation organized under the laws of another
12		state, 30% or more of the enrollees of which are residents
13		of this State, except a corporation subject to
14		substantially the same requirements in its state of
15		organization as is a "domestic company" under Article VIII
16		1/2 of the Illinois Insurance Code.
17		(c) In considering the merger, consolidation, or other
18		acquisition of control of a Health Maintenance Organization
19		pursuant to Article VIII 1/2 of the Illinois Insurance Code,
20		(1) the Director shall give primary consideration to
21		the continuation of benefits to enrollees and the
22		financial conditions of the acquired Health Maintenance
23		Organization after the merger, consolidation, or other
24		acquisition of control takes effect;
25		(2)(i) the criteria specified in subsection (1)(b) of
26		Section 131.8 of the Illinois Insurance Code shall not

HB4844 Engrossed - 1218 - LRB103 39009 AMC 69146 b
1		apply and (ii) the Director, in making his determination
2		with respect to the merger, consolidation, or other
3		acquisition of control, need not take into account the
4		effect on competition of the merger, consolidation, or
5		other acquisition of control;
6		(3) the Director shall have the power to require the
7		following information:
8		(A) certification by an independent actuary of the
9		adequacy of the reserves of the Health Maintenance
10		Organization sought to be acquired;
11		(B) pro forma financial statements reflecting the
12		combined balance sheets of the acquiring company and
13		the Health Maintenance Organization sought to be
14		acquired as of the end of the preceding year and as of
15		a date 90 days prior to the acquisition, as well as pro
16		forma financial statements reflecting projected
17		combined operation for a period of 2 years;
18		(C) a pro forma business plan detailing an
19		acquiring party's plans with respect to the operation
20		of the Health Maintenance Organization sought to be
21		acquired for a period of not less than 3 years; and
22		(D) such other information as the Director shall
23		require.
24		(d) The provisions of Article VIII 1/2 of the Illinois
25		Insurance Code and this Section 5-3 shall apply to the sale by
26		any health maintenance organization of greater than 10% of its

HB4844 Engrossed - 1219 - LRB103 39009 AMC 69146 b
1		enrollee population (including, without limitation, the health
2		maintenance organization's right, title, and interest in and
3		to its health care certificates).
4		(e) In considering any management contract or service
5		agreement subject to Section 141.1 of the Illinois Insurance
6		Code, the Director (i) shall, in addition to the criteria
7		specified in Section 141.2 of the Illinois Insurance Code,
8		take into account the effect of the management contract or
9		service agreement on the continuation of benefits to enrollees
10		and the financial condition of the health maintenance
11		organization to be managed or serviced, and (ii) need not take
12		into account the effect of the management contract or service
13		agreement on competition.
14		(f) Except for small employer groups as defined in the
15		Small Employer Rating, Renewability and Portability Health
16		Insurance Act and except for medicare supplement policies as
17		defined in Section 363 of the Illinois Insurance Code, a
18		Health Maintenance Organization may by contract agree with a
19		group or other enrollment unit to effect refunds or charge
20		additional premiums under the following terms and conditions:
21		(i) the amount of, and other terms and conditions with
22		respect to, the refund or additional premium are set forth
23		in the group or enrollment unit contract agreed in advance
24		of the period for which a refund is to be paid or
25		additional premium is to be charged (which period shall
26		not be less than one year); and

HB4844 Engrossed - 1220 - LRB103 39009 AMC 69146 b
1		(ii) the amount of the refund or additional premium
2		shall not exceed 20% of the Health Maintenance
3		Organization's profitable or unprofitable experience with
4		respect to the group or other enrollment unit for the
5		period (and, for purposes of a refund or additional
6		premium, the profitable or unprofitable experience shall
7		be calculated taking into account a pro rata share of the
8		Health Maintenance Organization's administrative and
9		marketing expenses, but shall not include any refund to be
10		made or additional premium to be paid pursuant to this
11		subsection (f)). The Health Maintenance Organization and
12		the group or enrollment unit may agree that the profitable
13		or unprofitable experience may be calculated taking into
14		account the refund period and the immediately preceding 2
15		plan years.
16		The Health Maintenance Organization shall include a
17		statement in the evidence of coverage issued to each enrollee
18		describing the possibility of a refund or additional premium,
19		and upon request of any group or enrollment unit, provide to
20		the group or enrollment unit a description of the method used
21		to calculate (1) the Health Maintenance Organization's
22		profitable experience with respect to the group or enrollment
23		unit and the resulting refund to the group or enrollment unit
24		or (2) the Health Maintenance Organization's unprofitable
25		experience with respect to the group or enrollment unit and
26		the resulting additional premium to be paid by the group or

HB4844 Engrossed - 1221 - LRB103 39009 AMC 69146 b
1		enrollment unit.
2		In no event shall the Illinois Health Maintenance
3		Organization Guaranty Association be liable to pay any
4		contractual obligation of an insolvent organization to pay any
5		refund authorized under this Section.
6		(g) Rulemaking authority to implement Public Act 95-1045,
7		if any, is conditioned on the rules being adopted in
8		accordance with all provisions of the Illinois Administrative
9		Procedure Act and all rules and procedures of the Joint
10		Committee on Administrative Rules; any purported rule not so
11		adopted, for whatever reason, is unauthorized.
12		(Source: P.A. 102-30, eff. 1-1-22; 102-34, eff. 6-25-21;
13		102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff.
14		1-1-22; 102-589, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665,
15		eff. 10-8-21; 102-731, eff. 1-1-23; 102-775, eff. 5-13-22;
16		102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff.
17		1-1-23; 102-860, eff. 1-1-23; 102-901, eff. 7-1-22; 102-1093,
18		eff. 1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24;
19		103-91, eff. 1-1-24; 103-123, eff. 1-1-24; 103-154, eff.
20		6-30-23; 103-420, eff. 1-1-24; 103-426, eff. 8-4-23; 103-445,
21		eff. 1-1-24; 103-551, eff. 8-11-23; revised 8-29-23.)
22		Section 365. The Limited Health Service Organization Act
23		is amended by changing Sections 3006 and 4003 as follows:
24		(215 ILCS 130/3006) (from Ch. 73, par. 1503-6)

HB4844 Engrossed - 1222 - LRB103 39009 AMC 69146 b
1		Sec. 3006. Changes in rate methodology and benefits;
2		material modifications; addition of limited health services.
3		(a) A limited health service organization shall file with
4		the Director prior to use, a notice of any change in rate
5		methodology, charges, or benefits and of any material
6		modification of any matter or document furnished pursuant to
7		Section 2001, together with such supporting documents as are
8		necessary to fully explain the change or modification.
9		(1) Contract modifications described in paragraphs (5)
10		and (6) of subsection (c) of Section 2001 shall include
11		all agreements between the organization and enrollees,
12		providers, administrators of services, and insurers of
13		limited health services; also other material transactions
14		or series of transactions, the total annual value of which
15		exceeds the greater of $100,000 or 5% of net earned
16		subscription revenue for the most current 12-month 12
17		month period as determined from filed financial
18		statements.
19		(2) Contract modification for reinsurance. Any
20		agreement between the organization and an insurer shall be
21		subject to the provisions of Article XI of the Illinois
22		Insurance Code, as now or hereafter amended. All
23		reinsurance agreements must be filed with the Director.
24		Approval of the Director in required agreements must be
25		filed. Approval of the director is required for all
26		agreements except individual stop loss, aggregate excess,

HB4844 Engrossed - 1223 - LRB103 39009 AMC 69146 b
1		hospitalization benefits, or out-of-area of the
2		participating providers, unless 20% or more of the
3		organization's total risk is reinsured, in which case all
4		reinsurance agreements shall require approval.
5		(b) If a limited health service organization desires to
6		add one or more additional limited health services, it shall
7		file a notice with the Director and, at the same time, submit
8		the information required by Section 2001 if different from
9		that filed with the prepaid limited health service
10		organization's application. Issuance of such an amended
11		certificate of authority shall be subject to the conditions of
12		Section 2002 of this Act.
13		(c) In addition to any applicable provisions of this Act,
14		premium rate filings shall be subject to subsection (i) of
15		Section 355 of the Illinois Insurance Code.
16		(Source: P.A. 103-106, eff. 1-1-24; revised 1-2-24.)
17		(215 ILCS 130/4003) (from Ch. 73, par. 1504-3)
18		Sec. 4003. Illinois Insurance Code provisions. Limited
19		health service organizations shall be subject to the
20		provisions of Sections 133, 134, 136, 137, 139, 140, 141.1,
21		141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154,
22		154.5, 154.6, 154.7, 154.8, 155.04, 155.37, 155.49, 355.2,
23		355.3, 355b, 356q, 356v, 356z.4, 356z.4a, 356z.10, 356z.21,
24		356z.22, 356z.25, 356z.26, 356z.29, 356z.30a, 356z.32,
25		356z.33, 356z.41, 356z.46, 356z.47, 356z.51, 356z.53, 356z.54,

HB4844 Engrossed - 1224 - LRB103 39009 AMC 69146 b
1		356z.57, 356z.59, 356z.61, 356z.64, 356z.67, 356z.68, 364.3,
2		368a, 401, 401.1, 402, 403, 403A, 408, 408.2, 409, 412, 444,
3		and 444.1 and Articles IIA, VIII 1/2, XII, XII 1/2, XIII, XIII
4		1/2, XXV, and XXVI of the Illinois Insurance Code. Nothing in
5		this Section shall require a limited health care plan to cover
6		any service that is not a limited health service. For purposes
7		of the Illinois Insurance Code, except for Sections 444 and
8		444.1 and Articles XIII and XIII 1/2, limited health service
9		organizations in the following categories are deemed to be
10		domestic companies:
11		(1) a corporation under the laws of this State; or
12		(2) a corporation organized under the laws of another
13		state, 30% or more of the enrollees of which are residents
14		of this State, except a corporation subject to
15		substantially the same requirements in its state of
16		organization as is a domestic company under Article VIII
17		1/2 of the Illinois Insurance Code.
18		(Source: P.A. 102-30, eff. 1-1-22; 102-203, eff. 1-1-22;
19		102-306, eff. 1-1-22; 102-642, eff. 1-1-22; 102-731, eff.
20		1-1-23; 102-775, eff. 5-13-22; 102-813, eff. 5-13-22; 102-816,
21		eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23;
22		102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91, eff.
23		1-1-24; 103-420, eff. 1-1-24; 103-426, eff. 8-4-23; 103-445,
24		eff. 1-1-24; revised 8-29-23.)
25		Section 370. The Voluntary Health Services Plans Act is

HB4844 Engrossed - 1225 - LRB103 39009 AMC 69146 b
1		amended by changing Section 10 as follows:
2		(215 ILCS 165/10) (from Ch. 32, par. 604)
3		Sec. 10. Application of Insurance Code provisions. Health
4		services plan corporations and all persons interested therein
5		or dealing therewith shall be subject to the provisions of
6		Articles IIA and XII 1/2 and Sections 3.1, 133, 136, 139, 140,
7		143, 143c, 149, 155.22a, 155.37, 354, 355.2, 355.3, 355b,
8		356g, 356g.5, 356g.5-1, 356q, 356r, 356t, 356u, 356v, 356w,
9		356x, 356y, 356z.1, 356z.2, 356z.3a, 356z.4, 356z.4a, 356z.5,
10		356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13,
11		356z.14, 356z.15, 356z.18, 356z.19, 356z.21, 356z.22, 356z.25,
12		356z.26, 356z.29, 356z.30, 356z.30a, 356z.32, 356z.33,
13		356z.40, 356z.41, 356z.46, 356z.47, 356z.51, 356z.53, 356z.54,
14		356z.56, 356z.57, 356z.59, 356z.60, 356z.61, 356z.62, 356z.64,
15		356z.67, 356z.68, 364.01, 364.3, 367.2, 368a, 401, 401.1, 402,
16		403, 403A, 408, 408.2, and 412, and paragraphs (7) and (15) of
17		Section 367 of the Illinois Insurance Code.
18		Rulemaking authority to implement Public Act 95-1045, if
19		any, is conditioned on the rules being adopted in accordance
20		with all provisions of the Illinois Administrative Procedure
21		Act and all rules and procedures of the Joint Committee on
22		Administrative Rules; any purported rule not so adopted, for
23		whatever reason, is unauthorized.
24		(Source: P.A. 102-30, eff. 1-1-22; 102-203, eff. 1-1-22;
25		102-306, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, eff.

HB4844 Engrossed - 1226 - LRB103 39009 AMC 69146 b
1		10-8-21; 102-731, eff. 1-1-23; 102-775, eff. 5-13-22; 102-804,
2		eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23;
3		102-860, eff. 1-1-23; 102-901, eff. 7-1-22; 102-1093, eff.
4		1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91,
5		eff. 1-1-24; 103-420, eff. 1-1-24; 103-445, eff. 1-1-24;
6		103-551, eff. 8-11-23; revised 8-29-23.)
7		Section 375. The Public Utilities Act is amended by
8		changing Sections 8-205, 9-222.1A, and 9-229 as follows:
9		(220 ILCS 5/8-205) (from Ch. 111 2/3, par. 8-205)
10		Sec. 8-205. (a) Termination of gas and electric utility
11		service to all residential users, including all tenants of
12		mastermetered apartment buildings, for nonpayment of bills,
13		where gas or electricity is used as the only source of space
14		heating or to control or operate the only space heating
15		equipment at the residence is prohibited: ,
16		(1) on any day when the National Weather Service
17		forecast for the following 24 hours covering the area of
18		the utility in which the residence is located includes a
19		forecast that the temperature will be 32 degrees
20		Fahrenheit or below; or
21		(2) on any day preceding a holiday or a weekend when
22		such a forecast indicated that the temperature will be 32
23		degrees Fahrenheit or below during the holiday or weekend.
24		(b) If gas or electricity is used as the only source of

HB4844 Engrossed - 1227 - LRB103 39009 AMC 69146 b
1		space cooling or to control or operate the only space cooling
2		equipment at a residence, then a utility may not terminate gas
3		or electric utility service to a residential user, including
4		all tenants of mastermetered apartment buildings, for
5		nonpayment of bills:
6		(1) on any day when the National Weather Service
7		forecast for the following 24 hours covering the area of
8		the utility in which the residence is located includes a
9		forecast that the temperature will be 90 degrees
10		Fahrenheit or above;
11		(2) on any day preceding a holiday or weekend when the
12		National Weather Service for the following 24 hours
13		covering the area of the utility in which the residence is
14		located includes a forecast that the temperature will be
15		90 degrees Fahrenheit or above during the holiday or
16		weekend; or
17		(3) when the National Weather Service issues an
18		excessive heat watch, heat advisory, or excessive heat
19		warning covering the area of the utility in which the
20		residence is located.
21		(Source: P.A. 103-19, eff. 1-1-24; revised 1-2-24.)
22		(220 ILCS 5/9-222.1A)
23		Sec. 9-222.1A. High impact business. Beginning on August
24		1, 1998 and thereafter, a business enterprise that is
25		certified as a High Impact Business by the Department of

HB4844 Engrossed - 1228 - LRB103 39009 AMC 69146 b
1		Commerce and Economic Opportunity (formerly Department of
2		Commerce and Community Affairs) is exempt from the tax imposed
3		by Section 2-4 of the Electricity Excise Tax Law, if the High
4		Impact Business is registered to self-assess that tax, and is
5		exempt from any additional charges added to the business
6		enterprise's utility bills as a pass-on of State utility taxes
7		under Section 9-222 of this Act, to the extent the tax or
8		charges are exempted by the percentage specified by the
9		Department of Commerce and Economic Opportunity for State
10		utility taxes, provided the business enterprise meets the
11		following criteria:
12		(1) (A) it intends either (i) to make a minimum
13		eligible investment of $12,000,000 that will be placed
14		in service in qualified property in Illinois and is
15		intended to create at least 500 full-time equivalent
16		jobs at a designated location in Illinois; or (ii) to
17		make a minimum eligible investment of $30,000,000 that
18		will be placed in service in qualified property in
19		Illinois and is intended to retain at least 1,500
20		full-time equivalent jobs at a designated location in
21		Illinois; or
22		(B) it meets the criteria of subdivision
23		(a)(3)(B), (a)(3)(C), (a)(3)(D), (a)(3)(F), or
24		(a)(3)(G), or (a)(3)(H) of Section 5.5 of the Illinois
25		Enterprise Zone Act;
26		(2) it is designated as a High Impact Business by the

HB4844 Engrossed - 1229 - LRB103 39009 AMC 69146 b
1		Department of Commerce and Economic Opportunity; and
2		(3) it is certified by the Department of Commerce and
3		Economic Opportunity as complying with the requirements
4		specified in clauses (1) and (2) of this Section.
5		The Department of Commerce and Economic Opportunity shall
6		determine the period during which the exemption from the
7		Electricity Excise Tax Law and the charges imposed under
8		Section 9-222 are in effect and shall specify the percentage
9		of the exemption from those taxes or additional charges.
10		The Department of Commerce and Economic Opportunity is
11		authorized to promulgate rules and regulations to carry out
12		the provisions of this Section, including procedures for
13		complying with the requirements specified in clauses (1) and
14		(2) of this Section and procedures for applying for the
15		exemptions authorized under this Section; to define the
16		amounts and types of eligible investments that business
17		enterprises must make in order to receive State utility tax
18		exemptions or exemptions from the additional charges imposed
19		under Section 9-222 and this Section; to approve such utility
20		tax exemptions for business enterprises whose investments are
21		not yet placed in service; and to require that business
22		enterprises granted tax exemptions or exemptions from
23		additional charges under Section 9-222 repay the exempted
24		amount if the business enterprise fails to comply with the
25		terms and conditions of the certification.
26		Upon certification of the business enterprises by the

HB4844 Engrossed - 1230 - LRB103 39009 AMC 69146 b
1		Department of Commerce and Economic Opportunity, the
2		Department of Commerce and Economic Opportunity shall notify
3		the Department of Revenue of the certification. The Department
4		of Revenue shall notify the public utilities of the exemption
5		status of business enterprises from the tax or pass-on charges
6		of State utility taxes. The exemption status shall take effect
7		within 3 months after certification of the business
8		enterprise.
9		(Source: P.A. 102-1125, eff. 2-3-23; 103-9, eff. 6-7-23;
10		103-561, eff. 1-1-24; revised 11-21-23.)
11		(220 ILCS 5/9-229)
12		Sec. 9-229. Consideration of attorney and expert
13		compensation as an expense and intervenor compensation fund.
14		(a) The Commission shall specifically assess the justness
15		and reasonableness of any amount expended by a public utility
16		to compensate attorneys or technical experts to prepare and
17		litigate a general rate case filing. This issue shall be
18		expressly addressed in the Commission's final order.
19		(b) The State of Illinois shall create a Consumer
20		Intervenor Compensation Fund subject to the following:
21		(1) Provision of compensation for Consumer Interest
22		Representatives that intervene in Illinois Commerce
23		Commission proceedings will increase public engagement,
24		encourage additional transparency, expand the information
25		available to the Commission, and improve decision-making.

HB4844 Engrossed - 1231 - LRB103 39009 AMC 69146 b
1		(2) As used in this Section, "Consumer interest
2		representative" means:
3		(A) a residential utility customer or group of
4		residential utility customers represented by a
5		not-for-profit group or organization registered with
6		the Illinois Attorney General under the Solicitation
7		for of Charity Act;
8		(B) representatives of not-for-profit groups or
9		organizations whose membership is limited to
10		residential utility customers; or
11		(C) representatives of not-for-profit groups or
12		organizations whose membership includes Illinois
13		residents and that address the community, economic,
14		environmental, or social welfare of Illinois
15		residents, except government agencies or intervenors
16		specifically authorized by Illinois law to participate
17		in Commission proceedings on behalf of Illinois
18		consumers.
19		(3) A consumer interest representative is eligible to
20		receive compensation from the consumer intervenor
21		compensation fund if its participation included lay or
22		expert testimony or legal briefing and argument concerning
23		the expenses, investments, rate design, rate impact, or
24		other matters affecting the pricing, rates, costs or other
25		charges associated with utility service, the Commission
26		adopts a material recommendation related to a significant

HB4844 Engrossed - 1232 - LRB103 39009 AMC 69146 b
1		issue in the docket, and participation caused a
2		significant financial hardship to the participant;
3		however, no consumer interest representative shall be
4		eligible to receive an award pursuant to this Section if
5		the consumer interest representative receives any
6		compensation, funding, or donations, directly or
7		indirectly, from parties that have a financial interest in
8		the outcome of the proceeding.
9		(4) Within 30 days after September 15, 2021 (the
10		effective date of Public Act 102-662) this amendatory Act
11		of the 102nd General Assembly, each utility that files a
12		request for an increase in rates under Article IX or
13		Article XVI shall deposit an amount equal to one half of
14		the rate case attorney and expert expense allowed by the
15		Commission, but not to exceed $500,000, into the fund
16		within 35 days of the date of the Commission's final Order
17		in the rate case or 20 days after the denial of rehearing
18		under Section 10-113 of this Act, whichever is later. The
19		Consumer Intervenor Compensation Fund shall be used to
20		provide payment to consumer interest representatives as
21		described in this Section.
22		(5) An electric public utility with 3,000,000 or more
23		retail customers shall contribute $450,000 to the Consumer
24		Intervenor Compensation Fund within 60 days after
25		September 15, 2021 (the effective date of Public Act
26		102-662) this amendatory Act of the 102nd General

HB4844 Engrossed - 1233 - LRB103 39009 AMC 69146 b
1		Assembly. A combined electric and gas public utility
2		serving fewer than 3,000,000 but more than 500,000 retail
3		customers shall contribute $225,000 to the Consumer
4		Intervenor Compensation Fund within 60 days after
5		September 15, 2021 (the effective date of Public Act
6		102-662) this amendatory Act of the 102nd General
7		Assembly. A gas public utility with 1,500,000 or more
8		retail customers that is not a combined electric and gas
9		public utility shall contribute $225,000 to the Consumer
10		Intervenor Compensation Fund within 60 days after
11		September 15, 2021 (the effective date of Public Act
12		102-662) this amendatory Act of the 102nd General
13		Assembly. A gas public utility with fewer than 1,500,000
14		retail customers but more than 300,000 retail customers
15		that is not a combined electric and gas public utility
16		shall contribute $80,000 to the Consumer Intervenor
17		Compensation Fund within 60 days after September 15, 2021
18		(the effective date of Public Act 102-662) this amendatory
19		Act of the 102nd General Assembly. A gas public utility
20		with fewer than 300,000 retail customers that is not a
21		combined electric and gas public utility shall contribute
22		$20,000 to the Consumer Intervenor Compensation Fund
23		within 60 days after September 15, 2021 (the effective
24		date of Public Act 102-662) this amendatory Act of the
25		102nd General Assembly. A combined electric and gas public
26		utility serving fewer than 500,000 retail customers shall

HB4844 Engrossed - 1234 - LRB103 39009 AMC 69146 b
1		contribute $20,000 to the Consumer Intervenor Compensation
2		Fund within 60 days after September 15, 2021 (the
3		effective date of Public Act 102-662) this amendatory Act
4		of the 102nd General Assembly. A water or sewer public
5		utility serving more than 100,000 retail customers shall
6		contribute $80,000, and a water or sewer public utility
7		serving fewer than 100,000 but more than 10,000 retail
8		customers shall contribute $20,000.
9		(6)(A) Prior to the entry of a Final Order in a
10		docketed case, the Commission Administrator shall provide
11		a payment to a consumer interest representative that
12		demonstrates through a verified application for funding
13		that the consumer interest representative's participation
14		or intervention without an award of fees or costs imposes
15		a significant financial hardship based on a schedule to be
16		developed by the Commission. The Administrator may require
17		verification of costs incurred, including statements of
18		hours spent, as a condition to paying the consumer
19		interest representative prior to the entry of a Final
20		Order in a docketed case.
21		(B) If the Commission adopts a material recommendation
22		related to a significant issue in the docket and
23		participation caused a financial hardship to the
24		participant, then the consumer interest representative
25		shall be allowed payment for some or all of the consumer
26		interest representative's reasonable attorney's or

HB4844 Engrossed - 1235 - LRB103 39009 AMC 69146 b
1		advocate's fees, reasonable expert witness fees, and other
2		reasonable costs of preparation for and participation in a
3		hearing or proceeding. Expenses related to travel or meals
4		shall not be compensable.
5		(C) The consumer interest representative shall submit
6		an itemized request for compensation to the Consumer
7		Intervenor Compensation Fund, including the advocate's or
8		attorney's reasonable fee rate, the number of hours
9		expended, reasonable expert and expert witness fees, and
10		other reasonable costs for the preparation for and
11		participation in the hearing and briefing within 30 days
12		of the Commission's final order after denial or decision
13		on rehearing, if any.
14		(7) Administration of the Fund.
15		(A) The Consumer Intervenor Compensation Fund is
16		created as a special fund in the State treasury. All
17		disbursements from the Consumer Intervenor Compensation
18		Fund shall be made only upon warrants of the Comptroller
19		drawn upon the Treasurer as custodian of the Fund upon
20		vouchers signed by the Executive Director of the
21		Commission or by the person or persons designated by the
22		Director for that purpose. The Comptroller is authorized
23		to draw the warrant upon vouchers so signed. The Treasurer
24		shall accept all warrants so signed and shall be released
25		from liability for all payments made on those warrants.
26		The Consumer Intervenor Compensation Fund shall be

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1		administered by an Administrator that is a person or
2		entity that is independent of the Commission. The
3		administrator will be responsible for the prudent
4		management of the Consumer Intervenor Compensation Fund
5		and for recommendations for the award of consumer
6		intervenor compensation from the Consumer Intervenor
7		Compensation Fund. The Commission shall issue a request
8		for qualifications for a third-party program administrator
9		to administer the Consumer Intervenor Compensation Fund.
10		The third-party administrator shall be chosen through a
11		competitive bid process based on selection criteria and
12		requirements developed by the Commission. The Illinois
13		Procurement Code does not apply to the hiring or payment
14		of the Administrator. All Administrator costs may be paid
15		for using monies from the Consumer Intervenor Compensation
16		Fund, but the Program Administrator shall strive to
17		minimize costs in the implementation of the program.
18		(B) The computation of compensation awarded from the
19		fund shall take into consideration the market rates paid
20		to persons of comparable training and experience who offer
21		similar services, but may not exceed the comparable market
22		rate for services paid by the public utility as part of its
23		rate case expense.
24		(C)(1) Recommendations on the award of compensation by
25		the administrator shall include consideration of whether
26		the Commission adopted a material recommendation related

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1		to a significant issue in the docket and whether
2		participation caused a financial hardship to the
3		participant and the payment of compensation is fair, just
4		and reasonable.
5		(2) Recommendations on the award of compensation by
6		the administrator shall be submitted to the Commission for
7		approval. Unless the Commission initiates an investigation
8		within 45 days after the notice to the Commission, the
9		award of compensation shall be allowed 45 days after
10		notice to the Commission. Such notice shall be given by
11		filing with the Commission on the Commission's e-docket
12		system, and keeping open for public inspection the award
13		for compensation proposed by the Administrator. The
14		Commission shall have power, and it is hereby given
15		authority, either upon complaint or upon its own
16		initiative without complaint, at once, and if it so
17		orders, without answer or other formal pleadings, but upon
18		reasonable notice, to enter upon a hearing concerning the
19		propriety of the award.
20		(c) The Commission may adopt rules to implement this
21		Section.
22		(Source: P.A. 102-662, eff. 9-15-21; revised 1-20-24.)
23		Section 380. The Child Care Act of 1969 is amended by
24		changing Sections 5.1, 7.2, and 18 as follows:

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1		(225 ILCS 10/5.1) (from Ch. 23, par. 2215.1)
2		Sec. 5.1. (a) The Department shall ensure that no day care
3		center, group home, or child care institution as defined in
4		this Act shall on a regular basis transport a child or children
5		with any motor vehicle unless such vehicle is operated by a
6		person who complies with the following requirements:
7		1. is 21 years of age or older;
8		2. currently holds a valid driver's license, which has
9		not been revoked or suspended for one or more traffic
10		violations during the 3 years immediately prior to the
11		date of application;
12		3. demonstrates physical fitness to operate vehicles
13		by submitting the results of a medical examination
14		conducted by a licensed physician;
15		4. has not been convicted of more than 2 offenses
16		against traffic regulations governing the movement of
17		vehicles within a 12-month twelve month period;
18		5. has not been convicted of reckless driving or
19		driving under the influence or manslaughter or reckless
20		homicide resulting from the operation of a motor vehicle
21		within the past 3 years;
22		6. has signed and submitted a written statement
23		certifying that the person has not, through the unlawful
24		operation of a motor vehicle, caused a crash which
25		resulted in the death of any person within the 5 years
26		immediately prior to the date of application.

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1		However, such day care centers, group homes, and child
2		care institutions may provide for transportation of a child or
3		children for special outings, functions, or purposes that are
4		not scheduled on a regular basis without verification that
5		drivers for such purposes meet the requirements of this
6		Section.
7		(a-5) As a means of ensuring compliance with the
8		requirements set forth in subsection (a), the Department shall
9		implement appropriate measures to verify that every individual
10		who is employed at a group home or child care institution meets
11		those requirements.
12		For every person employed at a group home or child care
13		institution who regularly transports children in the course of
14		performing the person's duties, the Department must make the
15		verification every 2 years. Upon the Department's request, the
16		Secretary of State shall provide the Department with the
17		information necessary to enable the Department to make the
18		verifications required under subsection (a).
19		In the case of an individual employed at a group home or
20		child care institution who becomes subject to subsection (a)
21		for the first time after January 1, 2007 (the effective date of
22		Public Act 94-943) this amendatory Act of the 94th General
23		Assembly, the Department must make that verification with the
24		Secretary of State before the individual operates a motor
25		vehicle to transport a child or children under the
26		circumstances described in subsection (a).

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1		In the case of an individual employed at a group home or
2		child care institution who is subject to subsection (a) on
3		January 1, 2007 (the effective date of Public Act 94-943) this
4		amendatory Act of the 94th General Assembly, the Department
5		must make that verification with the Secretary of State within
6		30 days after January 1, 2007 that effective date.
7		If the Department discovers that an individual fails to
8		meet the requirements set forth in subsection (a), the
9		Department shall promptly notify the appropriate group home or
10		child care institution.
11		(b) Any individual who holds a valid Illinois school bus
12		driver permit issued by the Secretary of State pursuant to the
13		The Illinois Vehicle Code, and who is currently employed by a
14		school district or parochial school, or by a contractor with a
15		school district or parochial school, to drive a school bus
16		transporting children to and from school, shall be deemed in
17		compliance with the requirements of subsection (a).
18		(c) The Department may, pursuant to Section 8 of this Act,
19		revoke the license of any day care center, group home, or child
20		care institution that fails to meet the requirements of this
21		Section.
22		(d) A group home or child care institution that fails to
23		meet the requirements of this Section is guilty of a petty
24		offense and is subject to a fine of not more than $1,000. Each
25		day that a group home or child care institution fails to meet
26		the requirements of this Section is a separate offense.

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1		(Source: P.A. 102-982, eff. 7-1-23; 103-22, eff. 8-8-23;
2		revised 9-21-23.)
3		(225 ILCS 10/7.2) (from Ch. 23, par. 2217.2)
4		Sec. 7.2. Employer discrimination.
5		(a) For purposes of this Section: ,
6		"Employer" "employer" means a licensee or holder of a
7		permit subject to this Act.
8		"Employee" means an employee of such an employer.
9		(b) No employer shall discharge, demote, or suspend, or
10		threaten to discharge, demote, or suspend, or in any manner
11		discriminate against any employee who:
12		(1) Makes any good faith oral or written complaint of
13		any employer's violation of any licensing or other laws
14		(including, but not limited to, laws concerning child
15		abuse or the transportation of children) which may result
16		in closure of the facility pursuant to Section 11.2 of
17		this Act to the Department or other agency having
18		statutory responsibility for the enforcement of such laws
19		or to the employer or representative of the employer;
20		(2) Institutes or causes to be instituted against any
21		employer any proceeding concerning the violation of any
22		licensing or other laws, including a proceeding to revoke
23		or to refuse to renew a license under Section 9 of this
24		Act;
25		(3) Is or will be a witness or testify in any

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1		proceeding concerning the violation of any licensing or
2		other laws, including a proceeding to revoke or to refuse
3		to renew a license under Section 9 of this Act; or
4		(4) Refuses to perform work in violation of a
5		licensing or other law or regulation after notifying the
6		employer of the violation.
7		(c)(1) A claim by an employee alleging an employer's
8		violation of subsection (b) of this Section shall be presented
9		to the employer within 30 days after the date of the action
10		complained of and shall be filed with the Department of Labor
11		within 60 days after the date of the action complained of.
12		(2) Upon receipt of the complaint, the Department of Labor
13		shall conduct whatever investigation it deems appropriate, and
14		may hold a hearing. After investigation or hearing, the
15		Department of Labor shall determine whether the employer has
16		violated subsection (b) of this Section and it shall notify
17		the employer and the employee of its determination.
18		(3) If the Department of Labor determines that the
19		employer has violated subsection (b) of this Section, and the
20		employer refuses to take remedial action to comply with the
21		determination, the Department of Labor shall so notify the
22		Attorney General, who shall bring an action against the
23		employer in the circuit court seeking enforcement of its
24		determination. The court may order any appropriate relief,
25		including rehiring and reinstatement of the employee to the
26		person's former position with backpay and other benefits.

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1		(d) Except for any grievance procedure, arbitration, or
2		hearing which is available to the employee pursuant to a
3		collective bargaining agreement, this Section shall be the
4		exclusive remedy for an employee complaining of any action
5		described in subsection (b).
6		(e) Any employer who willfully refuses to rehire, promote,
7		or otherwise restore an employee or former employee who has
8		been determined eligible for rehiring or promotion as a result
9		of any grievance procedure, arbitration, or hearing authorized
10		by law shall be guilty of a Class A misdemeanor.
11		(Source: P.A. 103-22, eff. 8-8-23; revised 9-21-23.)
12		(225 ILCS 10/18) (from Ch. 23, par. 2228)
13		Sec. 18. Any person, group of persons, association, or
14		corporation who:
15		(1) conducts, operates, or acts as a child care facility
16		without a license or permit to do so in violation of Section 3
17		of this Act;
18		(2) makes materially false statements in order to obtain a
19		license or permit;
20		(3) fails to keep the records and make the reports
21		provided under this Act;
22		(4) advertises any service not authorized by license or
23		permit held;
24		(5) publishes any advertisement in violation of this Act;
25		(6) receives within this State any child in violation of

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1		Section 16 of this Act; or
2		(7) violates any other provision of this Act or any
3		reasonable rule or regulation adopted and published by the
4		Department for the enforcement of the provisions of this Act,
5		is guilty of a Class A misdemeanor and in case of an
6		association or corporation, imprisonment may be imposed upon
7		its officers who knowingly participated in the violation.
8		Any child care facility that continues to operate after
9		its license is revoked under Section 8 of this Act or after its
10		license expires and the Department refused to renew the
11		license as provided in Section 8 of this Act is guilty of a
12		business offense and shall be fined an amount in excess of $500
13		but not exceeding $10,000, and each day of violation is a
14		separate offense.
15		In a prosecution under this Act, a defendant who relies
16		upon the relationship of any child to the defendant has the
17		burden of proof as to that relationship.
18		(Source: P.A. 103-22, eff. 8-8-23; revised 9-21-23.)
19		Section 385. The Illinois Dental Practice Act is amended
20		by changing Sections 4 and 17 as follows:
21		(225 ILCS 25/4)
22		(Section scheduled to be repealed on January 1, 2026)
23		Sec. 4. Definitions. As used in this Act:
24		"Address of record" means the designated address recorded

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1		by the Department in the applicant's or licensee's application
2		file or license file as maintained by the Department's
3		licensure maintenance unit. It is the duty of the applicant or
4		licensee to inform the Department of any change of address and
5		those changes must be made either through the Department's
6		website or by contacting the Department.
7		"Department" means the Department of Financial and
8		Professional Regulation.
9		"Secretary" means the Secretary of Financial and
10		Professional Regulation.
11		"Board" means the Board of Dentistry.
12		"Dentist" means a person who has received a general
13		license pursuant to paragraph (a) of Section 11 of this Act and
14		who may perform any intraoral and extraoral procedure required
15		in the practice of dentistry and to whom is reserved the
16		responsibilities specified in Section 17.
17		"Dental hygienist" means a person who holds a license
18		under this Act to perform dental services as authorized by
19		Section 18.
20		"Dental assistant" means an appropriately trained person
21		who, under the supervision of a dentist, provides dental
22		services as authorized by Section 17.
23		"Expanded function dental assistant" means a dental
24		assistant who has completed the training required by Section
25		17.1 of this Act.
26		"Dental laboratory" means a person, firm, or corporation

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1		which:
2		(i) engages in making, providing, repairing, or
3		altering dental prosthetic appliances and other artificial
4		materials and devices which are returned to a dentist for
5		insertion into the human oral cavity or which come in
6		contact with its adjacent structures and tissues; and
7		(ii) utilizes or employs a dental technician to
8		provide such services; and
9		(iii) performs such functions only for a dentist or
10		dentists.
11		"Supervision" means supervision of a dental hygienist or a
12		dental assistant requiring that a dentist authorize the
13		procedure, remain in the dental facility while the procedure
14		is performed, and approve the work performed by the dental
15		hygienist or dental assistant before dismissal of the patient,
16		but does not mean that the dentist must be present at all times
17		in the treatment room.
18		"General supervision" means supervision of a dental
19		hygienist requiring that the patient be a patient of record,
20		that the dentist examine the patient in accordance with
21		Section 18 prior to treatment by the dental hygienist, and
22		that the dentist authorize the procedures which are being
23		carried out by a notation in the patient's record, but not
24		requiring that a dentist be present when the authorized
25		procedures are being performed. The issuance of a prescription
26		to a dental laboratory by a dentist does not constitute

HB4844 Engrossed - 1247 - LRB103 39009 AMC 69146 b
1		general supervision.
2		"Public member" means a person who is not a health
3		professional. For purposes of board membership, any person
4		with a significant financial interest in a health service or
5		profession is not a public member.
6		"Dentistry" means the healing art which is concerned with
7		the examination, diagnosis, treatment planning, and care of
8		conditions within the human oral cavity and its adjacent
9		tissues and structures, as further specified in Section 17.
10		"Branches of dentistry" means the various specialties of
11		dentistry which, for purposes of this Act, shall be limited to
12		the following: endodontics, oral and maxillofacial surgery,
13		orthodontics and dentofacial orthopedics, pediatric dentistry,
14		periodontics, prosthodontics, oral and maxillofacial
15		radiology, and dental anesthesiology.
16		"Specialist" means a dentist who has received a specialty
17		license pursuant to Section 11(b).
18		"Dental technician" means a person who owns, operates, or
19		is employed by a dental laboratory and engages in making,
20		providing, repairing, or altering dental prosthetic appliances
21		and other artificial materials and devices which are returned
22		to a dentist for insertion into the human oral cavity or which
23		come in contact with its adjacent structures and tissues.
24		"Impaired dentist" or "impaired dental hygienist" means a
25		dentist or dental hygienist who is unable to practice with
26		reasonable skill and safety because of a physical or mental

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1		disability as evidenced by a written determination or written
2		consent based on clinical evidence, including deterioration
3		through the aging process, loss of motor skills, abuse of
4		drugs or alcohol, or a psychiatric disorder, of sufficient
5		degree to diminish the person's ability to deliver competent
6		patient care.
7		"Nurse" means a registered professional nurse, a certified
8		registered nurse anesthetist licensed as an advanced practice
9		registered nurse, or a licensed practical nurse licensed under
10		the Nurse Practice Act.
11		"Patient of record" means a patient for whom the patient's
12		most recent dentist has obtained a relevant medical and dental
13		history and on whom the dentist has performed an examination
14		and evaluated the condition to be treated.
15		"Dental responder" means a dentist or dental hygienist who
16		is appropriately certified in disaster preparedness,
17		immunizations, and dental humanitarian medical response
18		consistent with the Society of Disaster Medicine and Public
19		Health and training certified by the National Incident
20		Management System or the National Disaster Life Support
21		Foundation.
22		"Mobile dental van or portable dental unit" means any
23		self-contained or portable dental unit in which dentistry is
24		practiced that can be moved, towed, or transported from one
25		location to another in order to establish a location where
26		dental services can be provided.

HB4844 Engrossed - 1249 - LRB103 39009 AMC 69146 b
1		"Public health dental hygienist" means a hygienist who
2		holds a valid license to practice in the State, has 2 years of
3		full-time clinical experience or an equivalent of 4,000 hours
4		of clinical experience, and has completed at least 42 clock
5		hours of additional structured courses in dental education in
6		advanced areas specific to public health dentistry.
7		"Public health setting" means a federally qualified health
8		center; a federal, State, or local public health facility;
9		Head Start; a special supplemental nutrition program for
10		Women, Infants, and Children (WIC) facility; a certified
11		school-based health center or school-based oral health
12		program; a prison; or a long-term care facility.
13		"Public health supervision" means the supervision of a
14		public health dental hygienist by a licensed dentist who has a
15		written public health supervision agreement with that public
16		health dental hygienist while working in an approved facility
17		or program that allows the public health dental hygienist to
18		treat patients, without a dentist first examining the patient
19		and being present in the facility during treatment, (1) who
20		are eligible for Medicaid or (2) who are uninsured or whose
21		household income is not greater than 300% of the federal
22		poverty level.
23		"Teledentistry" means the use of telehealth systems and
24		methodologies in dentistry and includes patient care and
25		education delivery using synchronous and asynchronous
26		communications under a dentist's authority as provided under

HB4844 Engrossed - 1250 - LRB103 39009 AMC 69146 b
1		this Act.
2		(Source: P.A. 102-93, eff. 1-1-22; 102-588, eff. 8-20-21;
3		102-936, eff. 1-1-23; 103-425, eff. 1-1-24; 103-431, eff.
4		1-1-24; revised 12-15-23.)
5		(225 ILCS 25/17)
6		(Section scheduled to be repealed on January 1, 2026)
7		Sec. 17. Acts constituting the practice of dentistry. A
8		person practices dentistry, within the meaning of this Act:
9		(1) Who represents himself or herself as being able to
10		diagnose or diagnoses, treats, prescribes, or operates for
11		any disease, pain, deformity, deficiency, injury, or
12		physical condition of the human tooth, teeth, alveolar
13		process, gums, or jaw; or
14		(2) Who is a manager, proprietor, operator, or
15		conductor of a business where dental operations are
16		performed; or
17		(3) Who performs dental operations of any kind; or
18		(4) Who uses an X-Ray machine or X-Ray films for
19		dental diagnostic purposes; or
20		(5) Who extracts a human tooth or teeth, or corrects
21		or attempts to correct malpositions of the human teeth or
22		jaws; or
23		(6) Who offers or undertakes, by any means or method,
24		to diagnose, treat, or remove stains, calculus, and
25		bonding materials from human teeth or jaws; or

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1		(7) Who uses or administers local or general
2		anesthetics in the treatment of dental or oral diseases or
3		in any preparation incident to a dental operation of any
4		kind or character; or
5		(8) Who takes material or digital scans for final
6		impressions of the human tooth, teeth, or jaws or performs
7		any phase of any operation incident to the replacement of
8		a part of a tooth, a tooth, teeth, or associated tissues by
9		means of a filling, a crown, a bridge, a denture, or other
10		appliance; or
11		(9) Who offers to furnish, supply, construct,
12		reproduce, or repair, or who furnishes, supplies,
13		constructs, reproduces, or repairs, prosthetic dentures,
14		bridges, or other substitutes for natural teeth, to the
15		user or prospective user thereof; or
16		(10) Who instructs students on clinical matters or
17		performs any clinical operation included in the curricula
18		of recognized dental schools and colleges; or
19		(11) Who takes material or digital scans for final
20		impressions of human teeth or places his or her hands in
21		the mouth of any person for the purpose of applying teeth
22		whitening materials, or who takes impressions of human
23		teeth or places his or her hands in the mouth of any person
24		for the purpose of assisting in the application of teeth
25		whitening materials. A person does not practice dentistry
26		when he or she discloses to the consumer that he or she is

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1		not licensed as a dentist under this Act and (i) discusses
2		the use of teeth whitening materials with a consumer
3		purchasing these materials; (ii) provides instruction on
4		the use of teeth whitening materials with a consumer
5		purchasing these materials; or (iii) provides appropriate
6		equipment on-site to the consumer for the consumer to
7		self-apply teeth whitening materials.
8		The fact that any person engages in or performs, or offers
9		to engage in or perform, any of the practices, acts, or
10		operations set forth in this Section, shall be prima facie
11		evidence that such person is engaged in the practice of
12		dentistry.
13		The following practices, acts, and operations, however,
14		are exempt from the operation of this Act:
15		(a) The rendering of dental relief in emergency cases
16		in the practice of his or her profession by a physician or
17		surgeon, licensed as such under the laws of this State,
18		unless he or she undertakes to reproduce or reproduces
19		lost parts of the human teeth in the mouth or to restore or
20		replace lost or missing teeth in the mouth; or
21		(b) The practice of dentistry in the discharge of
22		their official duties by dentists in any branch of the
23		Armed Services of the United States, the United States
24		Public Health Service, or the United States Veterans
25		Administration; or
26		(c) The practice of dentistry by students in their

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1		course of study in dental schools or colleges approved by
2		the Department, when acting under the direction and
3		supervision of dentists acting as instructors; or
4		(d) The practice of dentistry by clinical instructors
5		in the course of their teaching duties in dental schools
6		or colleges approved by the Department:
7		(i) when acting under the direction and
8		supervision of dentists, provided that such clinical
9		instructors have instructed continuously in this State
10		since January 1, 1986; or
11		(ii) when holding the rank of full professor at
12		such approved dental school or college and possessing
13		a current valid license or authorization to practice
14		dentistry in another country; or
15		(e) The practice of dentistry by licensed dentists of
16		other states or countries at meetings of the Illinois
17		State Dental Society or component parts thereof, alumni
18		meetings of dental colleges, or any other like dental
19		organizations, while appearing as clinicians; or
20		(f) The use of X-Ray machines for exposing X-Ray films
21		of dental or oral tissues by dental hygienists or dental
22		assistants; or
23		(g) The performance of any dental service by a dental
24		assistant, if such service is performed under the
25		supervision and full responsibility of a dentist. In
26		addition, after being authorized by a dentist, a dental

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1		assistant may, for the purpose of eliminating pain or
2		discomfort, remove loose, broken, or irritating
3		orthodontic appliances on a patient of record.
4		For purposes of this paragraph (g), "dental service"
5		is defined to mean any intraoral procedure or act which
6		shall be prescribed by rule or regulation of the
7		Department. "Dental service", however, shall not include:
8		(1) Any and all diagnosis of or prescription for
9		treatment of disease, pain, deformity, deficiency,
10		injury, or physical condition of the human teeth or
11		jaws, or adjacent structures.
12		(2) Removal of, restoration of, or addition to the
13		hard or soft tissues of the oral cavity, except for the
14		placing, carving, and finishing of amalgam
15		restorations and placing, packing, and finishing
16		composite restorations by dental assistants who have
17		had additional formal education and certification.
18		A dental assistant may place, carve, and finish
19		amalgam restorations, place, pack, and finish
20		composite restorations, and place interim restorations
21		if he or she (A) has successfully completed a
22		structured training program as described in item (2)
23		of subsection (g) provided by an educational
24		institution accredited by the Commission on Dental
25		Accreditation, such as a dental school or dental
26		hygiene or dental assistant program, or (B) has at

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1		least 4,000 hours of direct clinical patient care
2		experience and has successfully completed a structured
3		training program as described in item (2) of
4		subsection (g) provided by a statewide dental
5		association, approved by the Department to provide
6		continuing education, that has developed and conducted
7		training programs for expanded functions for dental
8		assistants or hygienists. The training program must:
9		(i) include a minimum of 16 hours of didactic study and
10		14 hours of clinical manikin instruction; all training
11		programs shall include areas of study in nomenclature,
12		caries classifications, oral anatomy, periodontium,
13		basic occlusion, instrumentations, pulp protection
14		liners and bases, dental materials, matrix and wedge
15		techniques, amalgam placement and carving, rubber dam
16		clamp placement, and rubber dam placement and removal;
17		(ii) include an outcome assessment examination that
18		demonstrates competency; (iii) require the supervising
19		dentist to observe and approve the completion of 8
20		amalgam or composite restorations; and (iv) issue a
21		certificate of completion of the training program,
22		which must be kept on file at the dental office and be
23		made available to the Department upon request. A
24		dental assistant must have successfully completed an
25		approved coronal polishing and dental sealant course
26		prior to taking the amalgam and composite restoration

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1		course.
2		A dentist utilizing dental assistants shall not
3		supervise more than 4 dental assistants at any one
4		time for placing, carving, and finishing of amalgam
5		restorations or for placing, packing, and finishing
6		composite restorations.
7		(3) Any and all correction of malformation of
8		teeth or of the jaws.
9		(4) Administration of anesthetics, except for
10		monitoring of nitrous oxide, conscious sedation, deep
11		sedation, and general anesthetic as provided in
12		Section 8.1 of this Act, that may be performed only
13		after successful completion of a training program
14		approved by the Department. A dentist utilizing dental
15		assistants shall not supervise more than 4 dental
16		assistants at any one time for the monitoring of
17		nitrous oxide.
18		(5) Removal of calculus from human teeth.
19		(6) Taking of material or digital scans for final
20		impressions for the fabrication of prosthetic
21		appliances, crowns, bridges, inlays, onlays, or other
22		restorative or replacement dentistry.
23		(7) The operative procedure of dental hygiene
24		consisting of oral prophylactic procedures, except for
25		coronal polishing and pit and fissure sealants, which
26		may be performed by a dental assistant who has

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1		successfully completed a training program approved by
2		the Department. Dental assistants may perform coronal
3		polishing under the following circumstances: (i) the
4		coronal polishing shall be limited to polishing the
5		clinical crown of the tooth and existing restorations,
6		supragingivally; (ii) the dental assistant performing
7		the coronal polishing shall be limited to the use of
8		rotary instruments using a rubber cup or brush
9		polishing method (air polishing is not permitted); and
10		(iii) the supervising dentist shall not supervise more
11		than 4 dental assistants at any one time for the task
12		of coronal polishing or pit and fissure sealants.
13		In addition to coronal polishing and pit and
14		fissure sealants as described in this item (7), a
15		dental assistant who has at least 2,000 hours of
16		direct clinical patient care experience and who has
17		successfully completed a structured training program
18		provided by (1) an educational institution including,
19		but not limited to, a dental school or dental hygiene
20		or dental assistant program, (2) a continuing
21		education provider approved by the Department, or (3)
22		a statewide dental or dental hygienist association
23		that has developed and conducted a training program
24		for expanded functions for dental assistants or
25		hygienists may perform: (A) coronal scaling above the
26		gum line, supragingivally, on the clinical crown of

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1		the tooth only on patients 17 years of age or younger
2		who have an absence of periodontal disease and who are
3		not medically compromised or individuals with special
4		needs and (B) intracoronal temporization of a tooth.
5		The training program must: (I) include a minimum of 32
6		hours of instruction in both didactic and clinical
7		manikin or human subject instruction; all training
8		programs shall include areas of study in dental
9		anatomy, public health dentistry, medical history,
10		dental emergencies, and managing the pediatric
11		patient; (II) include an outcome assessment
12		examination that demonstrates competency; (III)
13		require the supervising dentist to observe and approve
14		the completion of 6 full mouth supragingival scaling
15		procedures unless the training was received as part of
16		a Commission on Dental Accreditation approved dental
17		assistant program; and (IV) issue a certificate of
18		completion of the training program, which must be kept
19		on file at the dental office and be made available to
20		the Department upon request. A dental assistant must
21		have successfully completed an approved coronal
22		polishing course prior to taking the coronal scaling
23		course. A dental assistant performing these functions
24		shall be limited to the use of hand instruments only.
25		In addition, coronal scaling as described in this
26		paragraph shall only be utilized on patients who are

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1		eligible for Medicaid, who are uninsured, or whose
2		household income is not greater than 300% of the
3		federal poverty level. A dentist may not supervise
4		more than 2 dental assistants at any one time for the
5		task of coronal scaling. This paragraph is inoperative
6		on and after January 1, 2026.
7		The limitations on the number of dental assistants a
8		dentist may supervise contained in items (2), (4), and (7)
9		of this paragraph (g) mean a limit of 4 total dental
10		assistants or dental hygienists doing expanded functions
11		covered by these Sections being supervised by one dentist;
12		or
13		(h) The practice of dentistry by an individual who:
14		(i) has applied in writing to the Department, in
15		form and substance satisfactory to the Department, for
16		a general dental license and has complied with all
17		provisions of Section 9 of this Act, except for the
18		passage of the examination specified in subsection (e)
19		of Section 9 of this Act; or
20		(ii) has applied in writing to the Department, in
21		form and substance satisfactory to the Department, for
22		a temporary dental license and has complied with all
23		provisions of subsection (c) of Section 11 of this
24		Act; and
25		(iii) has been accepted or appointed for specialty
26		or residency training by a hospital situated in this

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1		State; or
2		(iv) has been accepted or appointed for specialty
3		training in an approved dental program situated in
4		this State; or
5		(v) has been accepted or appointed for specialty
6		training in a dental public health agency situated in
7		this State.
8		The applicant shall be permitted to practice dentistry
9		for a period of 3 months from the starting date of the
10		program, unless authorized in writing by the Department to
11		continue such practice for a period specified in writing
12		by the Department.
13		The applicant shall only be entitled to perform such
14		acts as may be prescribed by and incidental to his or her
15		program of residency or specialty training and shall not
16		otherwise engage in the practice of dentistry in this
17		State.
18		The authority to practice shall terminate immediately
19		upon:
20		(1) the decision of the Department that the
21		applicant has failed the examination; or
22		(2) denial of licensure by the Department; or
23		(3) withdrawal of the application.
24		(Source: P.A. 102-558, eff. 8-20-21; 102-936, eff. 1-1-23;
25		103-425, eff. 1-1-24; 103-431, eff. 1-1-24; revised 12-15-23.)

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1		Section 390. The Health Care Worker Background Check Act
2		is amended by changing Section 25 as follows:
3		(225 ILCS 46/25)
4		Sec. 25. Hiring of people with criminal records by health
5		care employers and long-term care facilities.
6		(a) A health care employer or long-term care facility may
7		hire, employ, or retain any individual in a position involving
8		direct care for clients, patients, or residents, or access to
9		the living quarters or the financial, medical, or personal
10		records of clients, patients, or residents who has been
11		convicted of committing or attempting to commit one or more of
12		the following offenses under the laws of this State, or of an
13		offense that is substantially equivalent to the following
14		offenses under the laws of any other state or of the laws of
15		the United States, as verified by court records, records from
16		a state agency, or a Federal Bureau of Investigation criminal
17		history records check, only with a waiver described in Section
18		40: those defined in Sections 8-1(b), 8-1.1, 8-1.2, 9-1,
19		9-1.2, 9-2, 9-2.1, 9-3, 9-3.1, 9-3.2, 9-3.3, 9-3.4, 10-1,
20		10-2, 10-3, 10-3.1, 10-4, 10-5, 10-7, 11-1.20, 11-1.30,
21		11-1.40, 11-1.50, 11-1.60, 11-6, 11-9.1, 11-9.2, 11-9.3,
22		11-9.4-1, 11-9.5, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-1,
23		12-2, 12-3.05, 12-3.1, 12-3.2, 12-3.3, 12-4, 12-4.1, 12-4.2,
24		12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-7.4, 12-11, 12-13,
25		12-14, 12-14.1, 12-15, 12-16, 12-19, 12-20.5, 12-21, 12-21.5,

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1		12-21.6, 12-32, 12-33, 12C-5, 12C-10, 16-1, 16-1.3, 16-25,
2		16A-3, 17-3, 17-56, 18-1, 18-2, 18-3, 18-4, 18-5, 19-1, 19-3,
3		19-4, 19-6, 20-1, 20-1.1, 24-1, 24-1.2, 24-1.5, 24-1.8,
4		24-3.8, or 33A-2, or subdivision (a)(4) of Section 11-14.4, or
5		in subsection (a) of Section 12-3 or subsection (a) or (b) of
6		Section 12-4.4a, of the Criminal Code of 1961 or the Criminal
7		Code of 2012; those provided in Section 4 of the Wrongs to
8		Children Act; those provided in Section 53 of the Criminal
9		Jurisprudence Act; those defined in subsection (c), (d), (e),
10		(f), or (g) of Section 5 or Section 5.1, 5.2, 7, or 9 of the
11		Cannabis Control Act; those defined in the Methamphetamine
12		Control and Community Protection Act; those defined in
13		Sections 401, 401.1, 404, 405, 405.1, 407, or 407.1 of the
14		Illinois Controlled Substances Act; or subsection (a) of
15		Section 3.01, Section 3.02, or Section 3.03 of the Humane Care
16		for Animals Act.
17		(a-1) A health care employer or long-term care facility
18		may hire, employ, or retain any individual in a position
19		involving direct care for clients, patients, or residents, or
20		access to the living quarters or the financial, medical, or
21		personal records of clients, patients, or residents who has
22		been convicted of committing or attempting to commit one or
23		more of the following offenses under the laws of this State, or
24		of an offense that is substantially equivalent to the
25		following offenses under the laws of any other state or of the
26		laws of the United States, as verified by court records,

HB4844 Engrossed - 1263 - LRB103 39009 AMC 69146 b
1		records from a state agency, or a Federal Bureau of
2		Investigation criminal history records check, only with a
3		waiver described in Section 40: those offenses defined in
4		Section 12-3.3, 12-4.2-5, 16-2, 16-30, 16G-15, 16G-20, 17-33,
5		17-34, 17-36, 17-44, 18-5, 20-1.2, 24-1.1, 24-1.2-5, 24-1.6,
6		24-3.2, or 24-3.3, or subsection (b) of Section 17-32,
7		subsection (b) of Section 18-1, or subsection (b) of Section
8		20-1, of the Criminal Code of 1961 or the Criminal Code of
9		2012; Section 4, 5, 6, 8, or 17.02 of the Illinois Credit Card
10		and Debit Card Act; or Section 11-9.1A of the Criminal Code of
11		1961 or the Criminal Code of 2012 or Section 5.1 of the Wrongs
12		to Children Act; or (ii) violated Section 50-50 of the Nurse
13		Practice Act.
14		A health care employer is not required to retain an
15		individual in a position with duties involving direct care for
16		clients, patients, or residents, and no long-term care
17		facility is required to retain an individual in a position
18		with duties that involve or may involve contact with residents
19		or access to the living quarters or the financial, medical, or
20		personal records of residents, who has been convicted of
21		committing or attempting to commit one or more of the offenses
22		enumerated in this subsection.
23		(b) A health care employer shall not hire, employ, or
24		retain, whether paid or on a volunteer basis, any individual
25		in a position with duties involving direct care of clients,
26		patients, or residents, and no long-term care facility shall

HB4844 Engrossed - 1264 - LRB103 39009 AMC 69146 b
1		knowingly hire, employ, or retain, whether paid or on a
2		volunteer basis, any individual in a position with duties that
3		involve or may involve contact with residents or access to the
4		living quarters or the financial, medical, or personal records
5		of residents, if the health care employer becomes aware that
6		the individual has been convicted in another state of
7		committing or attempting to commit an offense that has the
8		same or similar elements as an offense listed in subsection
9		(a) or (a-1), as verified by court records, records from a
10		state agency, or an FBI criminal history record check, unless
11		the applicant or employee obtains a waiver pursuant to Section
12		40 of this Act. This shall not be construed to mean that a
13		health care employer has an obligation to conduct a criminal
14		history records check in other states in which an employee has
15		resided.
16		(c) A health care employer shall not hire, employ, or
17		retain, whether paid or on a volunteer basis, any individual
18		in a position with duties involving direct care of clients,
19		patients, or residents, who has a finding by the Department of
20		abuse, neglect, misappropriation of property, or theft denoted
21		on the Health Care Worker Registry.
22		(d) A health care employer shall not hire, employ, or
23		retain, whether paid or on a volunteer basis, any individual
24		in a position with duties involving direct care of clients,
25		patients, or residents if the individual has a verified and
26		substantiated finding of abuse, neglect, or financial

HB4844 Engrossed - 1265 - LRB103 39009 AMC 69146 b
1		exploitation, as identified within the Adult Protective
2		Service Registry established under Section 7.5 of the Adult
3		Protective Services Act.
4		(e) A health care employer shall not hire, employ, or
5		retain, whether paid or on a volunteer basis, any individual
6		in a position with duties involving direct care of clients,
7		patients, or residents who has a finding by the Department of
8		Human Services denoted on the Health Care Worker Registry of
9		physical or sexual abuse, financial exploitation, egregious
10		neglect, or material obstruction of an investigation.
11		(Source: P.A. 103-76, eff. 6-9-23; 103-428, eff. 1-1-24;
12		revised 12-15-23.)
13		Section 395. The Music Therapy Licensing and Practice Act
14		is amended by changing Section 95 as follows:
15		(225 ILCS 56/95)
16		(Section scheduled to be repealed on January 1, 2028)
17		Sec. 95. Grounds for discipline.
18		(a) The Department may refuse to issue, renew, or may
19		revoke, suspend, place on probation, reprimand, or take other
20		disciplinary or nondisciplinary action as the Department deems
21		appropriate, including the issuance of fines not to exceed
22		$10,000 for each violation, with regard to any license for any
23		one or more of the following:
24		(1) Material misstatement in furnishing information to

HB4844 Engrossed - 1266 - LRB103 39009 AMC 69146 b
1		the Department or to any other State agency.
2		(2) Violations or negligent or intentional disregard
3		of this Act, or any of its rules.
4		(3) Conviction by plea of guilty or nolo contendere,
5		finding of guilt, jury verdict, or entry of judgment or
6		sentencing, including, but not limited to, convictions,
7		preceding sentences of supervision, conditional discharge,
8		or first offender probation, under the laws of any
9		jurisdiction of the United States (i) that is a felony or
10		(ii) that is a misdemeanor, an essential element of which
11		is dishonesty, or that is directly related to the practice
12		of music therapy.
13		(4) Making any misrepresentation for the purpose of
14		obtaining a license, or violating any provision of this
15		Act or its rules.
16		(5) Negligence in the rendering of music therapy
17		services.
18		(6) Aiding or assisting another person in violating
19		any provision of this Act or any of its rules.
20		(7) Failing to provide information within 60 days in
21		response to a written request made by the Department.
22		(8) Engaging in dishonorable, unethical, or
23		unprofessional conduct of a character likely to deceive,
24		defraud, or harm the public and violating the rules of
25		professional conduct adopted by the Department.
26		(9) Failing to maintain the confidentiality of any

HB4844 Engrossed - 1267 - LRB103 39009 AMC 69146 b
1		information received from a client, unless otherwise
2		authorized or required by law.
3		(10) Failure to maintain client records of services
4		provided and provide copies to clients upon request.
5		(11) Exploiting a client for personal advantage,
6		profit, or interest.
7		(12) Habitual or excessive use or addiction to
8		alcohol, narcotics, stimulants, or any other chemical
9		agent or drug which results in inability to practice with
10		reasonable skill, judgment, or safety.
11		(13) Discipline by another governmental agency or unit
12		of government, by any jurisdiction of the United States,
13		or by a foreign nation, if at least one of the grounds for
14		the discipline is the same or substantially equivalent to
15		those set forth in this Section.
16		(14) Directly or indirectly giving to or receiving
17		from any person, firm, corporation, partnership, or
18		association any fee, commission, rebate, or other form of
19		compensation for any professional service not actually
20		rendered. Nothing in this paragraph affects any bona fide
21		independent contractor or employment arrangements among
22		health care professionals, health facilities, health care
23		providers, or other entities, except as otherwise
24		prohibited by law. Any employment arrangements may include
25		provisions for compensation, health insurance, pension, or
26		other employment benefits for the provision of services

HB4844 Engrossed - 1268 - LRB103 39009 AMC 69146 b
1		within the scope of the licensee's practice under this
2		Act. Nothing in this paragraph shall be construed to
3		require an employment arrangement to receive professional
4		fees for services rendered.
5		(15) A finding by the Department that the licensee,
6		after having the license placed on probationary status,
7		has violated the terms of probation.
8		(16) Failing to refer a client to other health care
9		professionals when the licensee is unable or unwilling to
10		adequately support or serve the client.
11		(17) Willfully filing false reports relating to a
12		licensee's practice, including, but not limited to, false
13		records filed with federal or State agencies or
14		departments.
15		(18) Willfully failing to report an instance of
16		suspected child abuse or neglect as required by the Abused
17		and Neglected Child Reporting Act.
18		(19) Being named as a perpetrator in an indicated
19		report by the Department of Children and Family Services
20		pursuant to the Abused and Neglected Child Reporting Act,
21		and upon proof by clear and convincing evidence that the
22		licensee has caused a child to be an abused child or
23		neglected child as defined in the Abused and Neglected
24		Child Reporting Act.
25		(20) Physical or mental disability, including
26		deterioration through the aging process or loss of

HB4844 Engrossed - 1269 - LRB103 39009 AMC 69146 b
1		abilities and skills which results in the inability to
2		practice the profession with reasonable judgment, skill,
3		or safety.
4		(21) Solicitation of professional services by using
5		false or misleading advertising.
6		(22) Fraud or making any misrepresentation in applying
7		for or procuring a license under this Act or in connection
8		with applying for renewal of a license under this Act.
9		(23) Practicing or attempting to practice under a name
10		other than the full name as shown on the license or any
11		other legally authorized name.
12		(24) Gross overcharging for professional services,
13		including filing statements for collection of fees or
14		moneys for which services are not rendered.
15		(25) Charging for professional services not rendered,
16		including filing false statements for the collection of
17		fees for which services are not rendered.
18		(26) Allowing one's license under this Act to be used
19		by an unlicensed person in violation of this Act.
20		(b) The determination by a court that a licensee is
21		subject to involuntary admission or judicial admission as
22		provided in the Mental Health and Developmental Disabilities
23		Code shall result in an automatic suspension of the licensee's
24		license. The suspension will end upon a finding by a court that
25		the licensee is no longer subject to involuntary admission or
26		judicial admission, the issuance of an order so finding and

HB4844 Engrossed - 1270 - LRB103 39009 AMC 69146 b
1		discharging the patient, and the determination of the
2		Secretary that the licensee be allowed to resume professional
3		practice.
4		(c) The Department may refuse to issue or renew or may
5		suspend without hearing the license of any person who fails to
6		file a return, to pay the tax penalty or interest shown in a
7		filed return, or to pay any final assessment of the tax,
8		penalty, or interest as required by any Act regarding the
9		payment of taxes administered by the Department of Revenue
10		until the requirements of the Act are satisfied in accordance
11		with subsection (g) of Section 2105-15 of the Department of
12		Professional Regulation Law of the Civil Administrative Code
13		of Illinois.
14		(d) In cases where the Department of Healthcare and Family
15		Services has previously determined that a licensee or a
16		potential licensee is more than 30 days delinquent in the
17		payment of child support and has subsequently certified the
18		delinquency to the Department, the Department may refuse to
19		issue or renew or may revoke or suspend that person's license
20		or may take other disciplinary action against that person
21		based solely upon the certification of delinquency made by the
22		Department of Healthcare and Family Services in accordance
23		with paragraph (5) of subsection (a) of Section 2105-15 of the
24		Department of Professional Regulation Law of the Civil
25		Administrative Code of Illinois.
26		(e) All fines or costs imposed under this Section shall be

HB4844 Engrossed - 1271 - LRB103 39009 AMC 69146 b
1		paid within 60 days after the effective date of the order
2		imposing the fine or costs or in accordance with the terms set
3		forth in the order imposing the fine.
4		(Source: P.A. 102-993, eff. 5-27-22; revised 1-3-24.)
5		Section 400. The Licensed Certified Professional Midwife
6		Practice Act is amended by changing Section 100 as follows:
7		(225 ILCS 64/100)
8		(Section scheduled to be repealed on January 1, 2027)
9		Sec. 100. Grounds for disciplinary action.
10		(a) The Department may refuse to issue or to renew, or may
11		revoke, suspend, place on probation, reprimand, or take other
12		disciplinary or non-disciplinary action with regard to any
13		license issued under this Act as the Department may deem
14		proper, including the issuance of fines not to exceed $10,000
15		for each violation, for any one or combination of the
16		following causes:
17		(1) Material misstatement in furnishing information to
18		the Department.
19		(2) Violations of this Act, or the rules adopted under
20		this Act.
21		(3) Conviction by plea of guilty or nolo contendere,
22		finding of guilt, jury verdict, or entry of judgment or
23		sentencing, including, but not limited to, convictions,
24		preceding sentences of supervision, conditional discharge,

HB4844 Engrossed - 1272 - LRB103 39009 AMC 69146 b
1		or first offender probation, under the laws of any
2		jurisdiction of the United States that is: (i) a felony;
3		or (ii) a misdemeanor, an essential element of which is
4		dishonesty, or that is directly related to the practice of
5		the profession.
6		(4) Making any misrepresentation for the purpose of
7		obtaining licenses.
8		(5) Professional incompetence.
9		(6) Aiding or assisting another person in violating
10		any provision of this Act or its rules.
11		(7) Failing, within 60 days, to provide information in
12		response to a written request made by the Department.
13		(8) Engaging in dishonorable, unethical, or
14		unprofessional conduct, as defined by rule, of a character
15		likely to deceive, defraud, or harm the public.
16		(9) Habitual or excessive use or addiction to alcohol,
17		narcotics, stimulants, or any other chemical agent or drug
18		that results in a midwife's inability to practice with
19		reasonable judgment, skill, or safety.
20		(10) Discipline by another U.S. jurisdiction or
21		foreign nation, if at least one of the grounds for
22		discipline is the same or substantially equivalent to
23		those set forth in this Section.
24		(11) Directly or indirectly giving to or receiving
25		from any person, firm, corporation, partnership, or
26		association any fee, commission, rebate or other form of

HB4844 Engrossed - 1273 - LRB103 39009 AMC 69146 b
1		compensation for any professional services not actually or
2		personally rendered. Nothing in this paragraph affects any
3		bona fide independent contractor or employment
4		arrangements, including provisions for compensation,
5		health insurance, pension, or other employment benefits,
6		with persons or entities authorized under this Act for the
7		provision of services within the scope of the licensee's
8		practice under this Act.
9		(12) A finding by the Department that the licensee,
10		after having his or her license placed on probationary
11		status, has violated the terms of probation.
12		(13) Abandonment of a patient.
13		(14) Willfully making or filing false records or
14		reports in his or her practice, including, but not limited
15		to, false records filed with state agencies or
16		departments.
17		(15) Willfully failing to report an instance of
18		suspected child abuse or neglect as required by the Abused
19		and Neglected Child Reporting Act.
20		(16) Physical illness, or mental illness or impairment
21		that results in the inability to practice the profession
22		with reasonable judgment, skill, or safety, including, but
23		not limited to, deterioration through the aging process or
24		loss of motor skill.
25		(17) Being named as a perpetrator in an indicated
26		report by the Department of Children and Family Services

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1		under the Abused and Neglected Child Reporting Act, and
2		upon proof by clear and convincing evidence that the
3		licensee has caused a child to be an abused child or
4		neglected child as defined in the Abused and Neglected
5		Child Reporting Act.
6		(18) Gross negligence resulting in permanent injury or
7		death of a patient.
8		(19) Employment of fraud, deception, or any unlawful
9		means in applying for or securing a license as a licensed
10		certified professional profession midwife.
11		(21) Immoral conduct in the commission of any act,
12		including sexual abuse, sexual misconduct, or sexual
13		exploitation related to the licensee's practice.
14		(22) Violation of the Health Care Worker Self-Referral
15		Act.
16		(23) Practicing under a false or assumed name, except
17		as provided by law.
18		(24) Making a false or misleading statement regarding
19		his or her skill or the efficacy or value of the medicine,
20		treatment, or remedy prescribed by him or her in the
21		course of treatment.
22		(25) Allowing another person to use his or her license
23		to practice.
24		(26) Prescribing, selling, administering,
25		distributing, giving, or self-administering a drug
26		classified as a controlled substance for purposes other

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1		than medically accepted medically-accepted therapeutic
2		purposes.
3		(27) Promotion of the sale of drugs, devices,
4		appliances, or goods provided for a patient in a manner to
5		exploit the patient for financial gain.
6		(28) A pattern of practice or other behavior that
7		demonstrates incapacity or incompetence to practice under
8		this Act.
9		(29) Violating State or federal laws, rules, or
10		regulations relating to controlled substances or other
11		legend drugs or ephedra as defined in the Ephedra
12		Prohibition Act.
13		(30) Failure to establish and maintain records of
14		patient care and treatment as required by law.
15		(31) Attempting to subvert or cheat on the examination
16		of the North American Registry of Midwives or its
17		successor agency.
18		(32) Willfully or negligently violating the
19		confidentiality between licensed certified professional
20		profession midwives and patient, except as required by
21		law.
22		(33) Willfully failing to report an instance of
23		suspected abuse, neglect, financial exploitation, or
24		self-neglect of an eligible adult as defined in and
25		required by the Adult Protective Services Act.
26		(34) Being named as an abuser in a verified report by

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1		the Department on Aging under the Adult Protective
2		Services Act and upon proof by clear and convincing
3		evidence that the licensee abused, neglected, or
4		financially exploited an eligible adult as defined in the
5		Adult Protective Services Act.
6		(35) Failure to report to the Department an adverse
7		final action taken against him or her by another licensing
8		jurisdiction of the United States or a foreign state or
9		country, a peer review body, a health care institution, a
10		professional society or association, a governmental
11		agency, a law enforcement agency, or a court.
12		(36) Failure to provide copies of records of patient
13		care or treatment, except as required by law.
14		(37) Failure of a licensee to report to the Department
15		surrender by the licensee of a license or authorization to
16		practice in another state or jurisdiction or current
17		surrender by the licensee of membership professional
18		association or society while under disciplinary
19		investigation by any of those authorities or bodies for
20		acts or conduct similar to acts or conduct that would
21		constitute grounds for action under this Section.
22		(38) Failing, within 90 days, to provide a response to
23		a request for information in response to a written request
24		made by the Department by certified or registered mail or
25		by email to the email address of record.
26		(39) Failure to supervise a midwife assistant or

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1		student midwife including, but not limited to, allowing a
2		midwife assistant or student midwife to exceed their
3		scope.
4		(40) Failure to adequately inform a patient about
5		their malpractice liability insurance coverage and the
6		policy limits of the coverage.
7		(41) Failure to submit an annual report to the
8		Department of Public Health.
9		(42) Failure to disclose active cardiopulmonary
10		resuscitation certification or neonatal resuscitation
11		provider status to clients.
12		(43) Engaging in one of the prohibited practices
13		provided for in Section 85 of this Act.
14		(b) The Department may, without a hearing, refuse to issue
15		or renew or may suspend the license of any person who fails to
16		file a return, or to pay the tax, penalty, or interest shown in
17		a filed return, or to pay any final assessment of the tax,
18		penalty, or interest as required by any tax Act administered
19		by the Department of Revenue, until the requirements of any
20		such tax Act are satisfied.
21		(c) The determination by a circuit court that a licensee
22		is subject to involuntary admission or judicial admission as
23		provided in the Mental Health and Developmental Disabilities
24		Code operates as an automatic suspension. The suspension will
25		end only upon a finding by a court that the patient is no
26		longer subject to involuntary admission or judicial admission

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1		and issues an order so finding and discharging the patient,
2		and upon the recommendation of the Board to the Secretary that
3		the licensee be allowed to resume his or her practice.
4		(d) In enforcing this Section, the Department, upon a
5		showing of a possible violation, may compel an individual
6		licensed to practice under this Act, or who has applied for
7		licensure under this Act, to submit to a mental or physical
8		examination, or both, including a substance abuse or sexual
9		offender evaluation, as required by and at the expense of the
10		Department.
11		The Department shall specifically designate the examining
12		physician licensed to practice medicine in all of its branches
13		or, if applicable, the multidisciplinary team involved in
14		providing the mental or physical examination or both. The
15		multidisciplinary team shall be led by a physician licensed to
16		practice medicine in all of its branches and may consist of one
17		or more or a combination of physicians licensed to practice
18		medicine in all of its branches, licensed clinical
19		psychologists, licensed clinical social workers, licensed
20		clinical professional counselors, and other professional and
21		administrative staff. Any examining physician or member of the
22		multidisciplinary team may require any person ordered to
23		submit to an examination pursuant to this Section to submit to
24		any additional supplemental testing deemed necessary to
25		complete any examination or evaluation process, including, but
26		not limited to, blood testing, urinalysis, psychological

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1		testing, or neuropsychological testing.
2		The Department may order the examining physician or any
3		member of the multidisciplinary team to provide to the
4		Department any and all records, including business records,
5		that relate to the examination and evaluation, including any
6		supplemental testing performed.
7		The Department may order the examining physician or any
8		member of the multidisciplinary team to present testimony
9		concerning the mental or physical examination of the licensee
10		or applicant. No information, report, record, or other
11		documents in any way related to the examination shall be
12		excluded by reason of any common law or statutory privilege
13		relating to communications between the licensee or applicant
14		and the examining physician or any member of the
15		multidisciplinary team. No authorization is necessary from the
16		licensee or applicant ordered to undergo an examination for
17		the examining physician or any member of the multidisciplinary
18		team to provide information, reports, records, or other
19		documents or to provide any testimony regarding the
20		examination and evaluation.
21		The individual to be examined may have, at his or her own
22		expense, another physician of his or her choice present during
23		all aspects of this examination. However, that physician shall
24		be present only to observe and may not interfere in any way
25		with the examination.
26		Failure of an individual to submit to a mental or physical

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1		examination, when ordered, shall result in an automatic
2		suspension of his or her license until the individual submits
3		to the examination.
4		If the Department finds an individual unable to practice
5		because of the reasons set forth in this Section, the
6		Department may require that individual to submit to care,
7		counseling, or treatment by physicians approved or designated
8		by the Department, as a condition, term, or restriction for
9		continued, reinstated, or renewed licensure to practice; or,
10		in lieu of care, counseling, or treatment, the Department may
11		file a complaint to immediately suspend, revoke, or otherwise
12		discipline the license of the individual. An individual whose
13		license was granted, continued, reinstated, renewed,
14		disciplined, or supervised subject to such terms, conditions,
15		or restrictions, and who fails to comply with such terms,
16		conditions, or restrictions, shall be referred to the
17		Secretary for a determination as to whether the individual
18		shall have his or her license suspended immediately, pending a
19		hearing by the Department.
20		In instances in which the Secretary immediately suspends a
21		person's license under this Section, a hearing on that
22		person's license must be convened by the Department within 30
23		days after the suspension and completed without appreciable
24		delay. The Department shall have the authority to review the
25		subject individual's record of treatment and counseling
26		regarding the impairment to the extent permitted by applicable

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1		federal statutes and regulations safeguarding the
2		confidentiality of medical records.
3		An individual licensed under this Act and affected under
4		this Section shall be afforded an opportunity to demonstrate
5		to the Department that he or she can resume practice in
6		compliance with acceptable and prevailing standards under the
7		provisions of his or her license.
8		(Source: P.A. 102-683, eff. 10-1-22; revised 1-30-24.)
9		Section 405. The Physician Assistant Practice Act of 1987
10		is amended by changing Section 7.5 as follows:
11		(225 ILCS 95/7.5)
12		(Section scheduled to be repealed on January 1, 2028)
13		Sec. 7.5. Written collaborative agreements; prescriptive
14		authority.
15		(a) A written collaborative agreement is required for all
16		physician assistants to practice in the State, except as
17		provided in Section 7.7 of this Act.
18		(1) A written collaborative agreement shall describe
19		the working relationship of the physician assistant with
20		the collaborating physician and shall describe the
21		categories of care, treatment, or procedures to be
22		provided by the physician assistant. The written
23		collaborative agreement shall promote the exercise of
24		professional judgment by the physician assistant

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1		commensurate with his or her education and experience. The
2		services to be provided by the physician assistant shall
3		be services that the collaborating physician is authorized
4		to and generally provides to his or her patients in the
5		normal course of his or her clinical medical practice. The
6		written collaborative agreement need not describe the
7		exact steps that a physician assistant must take with
8		respect to each specific condition, disease, or symptom
9		but must specify which authorized procedures require the
10		presence of the collaborating physician as the procedures
11		are being performed. The relationship under a written
12		collaborative agreement shall not be construed to require
13		the personal presence of a physician at the place where
14		services are rendered. Methods of communication shall be
15		available for consultation with the collaborating
16		physician in person or by telecommunications or electronic
17		communications as set forth in the written collaborative
18		agreement. For the purposes of this Act, "generally
19		provides to his or her patients in the normal course of his
20		or her clinical medical practice" means services, not
21		specific tasks or duties, the collaborating physician
22		routinely provides individually or through delegation to
23		other persons so that the physician has the experience and
24		ability to collaborate and provide consultation.
25		(2) The written collaborative agreement shall be
26		adequate if a physician does each of the following:

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1		(A) Participates in the joint formulation and
2		joint approval of orders or guidelines with the
3		physician assistant and he or she periodically reviews
4		such orders and the services provided patients under
5		such orders in accordance with accepted standards of
6		medical practice and physician assistant practice.
7		(B) Provides consultation at least once a month.
8		(3) A copy of the signed, written collaborative
9		agreement must be available to the Department upon request
10		from both the physician assistant and the collaborating
11		physician.
12		(4) A physician assistant shall inform each
13		collaborating physician of all written collaborative
14		agreements he or she has signed and provide a copy of these
15		to any collaborating physician upon request.
16		(b) A collaborating physician may, but is not required to,
17		delegate prescriptive authority to a physician assistant as
18		part of a written collaborative agreement. This authority may,
19		but is not required to, include prescription of, selection of,
20		orders for, administration of, storage of, acceptance of
21		samples of, and dispensing medical devices, over-the-counter
22		over the counter medications, legend drugs, medical gases, and
23		controlled substances categorized as Schedule II through V
24		controlled substances, as defined in Article II of the
25		Illinois Controlled Substances Act, and other preparations,
26		including, but not limited to, botanical and herbal remedies.

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1		The collaborating physician must have a valid, current
2		Illinois controlled substance license and federal registration
3		with the Drug Enforcement Administration to delegate the
4		authority to prescribe controlled substances.
5		(1) To prescribe Schedule II, III, IV, or V controlled
6		substances under this Section, a physician assistant must
7		obtain a mid-level practitioner controlled substances
8		license. Medication orders issued by a physician assistant
9		shall be reviewed periodically by the collaborating
10		physician.
11		(2) The collaborating physician shall file with the
12		Department notice of delegation of prescriptive authority
13		to a physician assistant and termination of delegation,
14		specifying the authority delegated or terminated. Upon
15		receipt of this notice delegating authority to prescribe
16		controlled substances, the physician assistant shall be
17		eligible to register for a mid-level practitioner
18		controlled substances license under Section 303.05 of the
19		Illinois Controlled Substances Act. Nothing in this Act
20		shall be construed to limit the delegation of tasks or
21		duties by the collaborating physician to a nurse or other
22		appropriately trained persons in accordance with Section
23		54.2 of the Medical Practice Act of 1987.
24		(3) In addition to the requirements of this subsection
25		(b), a collaborating physician may, but is not required
26		to, delegate authority to a physician assistant to

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1		prescribe Schedule II controlled substances, if all of the
2		following conditions apply:
3		(A) Specific Schedule II controlled substances by
4		oral dosage or topical or transdermal application may
5		be delegated, provided that the delegated Schedule II
6		controlled substances are routinely prescribed by the
7		collaborating physician. This delegation must identify
8		the specific Schedule II controlled substances by
9		either brand name or generic name. Schedule II
10		controlled substances to be delivered by injection or
11		other route of administration may not be delegated.
12		(B) (Blank).
13		(C) Any prescription must be limited to no more
14		than a 30-day supply, with any continuation authorized
15		only after prior approval of the collaborating
16		physician.
17		(D) The physician assistant must discuss the
18		condition of any patients for whom a controlled
19		substance is prescribed monthly with the collaborating
20		physician.
21		(E) The physician assistant meets the education
22		requirements of Section 303.05 of the Illinois
23		Controlled Substances Act.
24		(c) Nothing in this Act shall be construed to limit the
25		delegation of tasks or duties by a physician to a licensed
26		practical nurse, a registered professional nurse, or other

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1		persons. Nothing in this Act shall be construed to limit the
2		method of delegation that may be authorized by any means,
3		including, but not limited to, oral, written, electronic,
4		standing orders, protocols, guidelines, or verbal orders.
5		Nothing in this Act shall be construed to authorize a
6		physician assistant to provide health care services required
7		by law or rule to be performed by a physician. Nothing in this
8		Act shall be construed to authorize the delegation or
9		performance of operative surgery. Nothing in this Section
10		shall be construed to preclude a physician assistant from
11		assisting in surgery.
12		(c-5) Nothing in this Section shall be construed to apply
13		to any medication authority, including Schedule II controlled
14		substances of a licensed physician assistant for care provided
15		in a hospital, hospital affiliate, federally qualified health
16		center, or ambulatory surgical treatment center pursuant to
17		Section 7.7 of this Act.
18		(d) (Blank).
19		(e) Nothing in this Section shall be construed to prohibit
20		generic substitution.
21		(Source: P.A. 102-558, eff. 8-20-21; 103-65, eff. 1-1-24;
22		revised 1-2-24.)
23		Section 410. The Veterinary Medicine and Surgery Practice
24		Act of 2004 is amended by changing Section 25.2 as follows:

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1		(225 ILCS 115/25.2) (from Ch. 111, par. 7025.2)
2		(Section scheduled to be repealed on January 1, 2029)
3		Sec. 25.2. Investigation; notice and hearing. The
4		Department may investigate the actions of any applicant or of
5		any person or persons holding or claiming to hold a license or
6		certificate. The Department shall, before refusing to issue,
7		to renew or discipline a license or certificate under Section
8		25, at least 30 days prior to the date set for the hearing,
9		notify the applicant or licensee in writing of the nature of
10		the charges and the time and place for a hearing on the
11		charges. The Department shall direct the applicant,
12		certificate holder, or licensee to file a written answer to
13		the charges with the Board under oath within 20 days after the
14		service of the notice and inform the applicant, certificate
15		holder, or licensee that failure to file an answer will result
16		in default being taken against the applicant, certificate
17		holder, or licensee. At the time and place fixed in the notice,
18		the Department shall proceed to hear the charges and the
19		parties or their counsel shall be accorded ample opportunity
20		to present any pertinent statements, testimony, evidence, and
21		arguments. The Department may continue the hearing from time
22		to time. In case the person, after receiving the notice, fails
23		to file an answer, his or her license may, in the discretion of
24		the Department, be revoked, suspended, placed on probationary
25		status, or the Department may take whatever disciplinary
26		action considered proper, including limiting the scope,

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1		nature, or extent of the person's practice or the imposition
2		of a fine, without a hearing, if the act or acts charged
3		constitute sufficient grounds for that action under the Act.
4		The written notice and any notice in the subsequent proceeding
5		may be served by registered or certified mail to the
6		licensee's address of record or, if in the course of the
7		administrative proceeding the party has previously designated
8		a specific email address at which to accept electronic service
9		for that specific proceeding, by sending a copy by email to the
10		party's an email address on record.
11		(Source: P.A. 103-309, eff. 1-1-24; 103-505, eff. 1-1-24;
12		revised 9-28-23.)
13		Section 415. The Registered Surgical Assistant and
14		Registered Surgical Technologist Title Protection Act is
15		amended by changing Section 75 as follows:
16		(225 ILCS 130/75)
17		(Section scheduled to be repealed on January 1, 2029)
18		Sec. 75. Grounds for disciplinary action.
19		(a) The Department may refuse to issue, renew, or restore
20		a registration, may revoke or suspend a registration, or may
21		place on probation, reprimand, or take other disciplinary or
22		non-disciplinary action with regard to a person registered
23		under this Act, including, but not limited to, the imposition
24		of fines not to exceed $10,000 for each violation and the

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1		assessment of costs as provided for in Section 90, for any one
2		or combination of the following causes:
3		(1) Making a material misstatement in furnishing
4		information to the Department.
5		(2) Violating a provision of this Act or rules adopted
6		under this Act.
7		(3) Conviction by plea of guilty or nolo contendere,
8		finding of guilt, jury verdict, or entry of judgment or by
9		sentencing of any crime, including, but not limited to,
10		convictions, preceding sentences of supervision,
11		conditional discharge, or first offender probation, under
12		the laws of any jurisdiction of the United States that is
13		(i) a felony or (ii) a misdemeanor, an essential element
14		of which is dishonesty, or that is directly related to the
15		practice of the profession.
16		(4) Fraud or misrepresentation in applying for,
17		renewing, restoring, reinstating, or procuring a
18		registration under this Act.
19		(5) Aiding or assisting another person in violating a
20		provision of this Act or its rules.
21		(6) Failing to provide information within 60 days in
22		response to a written request made by the Department.
23		(7) Engaging in dishonorable, unethical, or
24		unprofessional conduct of a character likely to deceive,
25		defraud, or harm the public, as defined by rule of the
26		Department.

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1		(8) Discipline by another United States jurisdiction,
2		governmental agency, unit of government, or foreign
3		nation, if at least one of the grounds for discipline is
4		the same or substantially equivalent to those set forth in
5		this Section.
6		(9) Directly or indirectly giving to or receiving from
7		a person, firm, corporation, partnership, or association a
8		fee, commission, rebate, or other form of compensation for
9		professional services not actually or personally rendered.
10		Nothing in this paragraph (9) affects any bona fide
11		independent contractor or employment arrangements among
12		health care professionals, health facilities, health care
13		providers, or other entities, except as otherwise
14		prohibited by law. Any employment arrangements may include
15		provisions for compensation, health insurance, pension, or
16		other employment benefits for the provision of services
17		within the scope of the registrant's practice under this
18		Act. Nothing in this paragraph (9) shall be construed to
19		require an employment arrangement to receive professional
20		fees for services rendered.
21		(10) A finding by the Department that the registrant,
22		after having the registration placed on probationary
23		status, has violated the terms of probation.
24		(11) Willfully making or filing false records or
25		reports in the practice, including, but not limited to,
26		false records or reports filed with State agencies.

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1		(12) Willfully making or signing a false statement,
2		certificate, or affidavit to induce payment.
3		(13) Willfully failing to report an instance of
4		suspected child abuse or neglect as required under the
5		Abused and Neglected Child Reporting Act.
6		(14) Being named as a perpetrator in an indicated
7		report by the Department of Children and Family Services
8		under the Abused and Neglected Child Reporting Act and
9		upon proof by clear and convincing evidence that the
10		registrant has caused a child to be an abused child or
11		neglected child as defined in the Abused and Neglected
12		Child Reporting Act.
13		(15) (Blank).
14		(16) Failure to report to the Department (A) any
15		adverse final action taken against the registrant by
16		another registering or licensing jurisdiction, government
17		agency, law enforcement agency, or any court or (B)
18		liability for conduct that would constitute grounds for
19		action as set forth in this Section.
20		(17) Habitual or excessive use or abuse of drugs
21		defined in law as controlled substances, alcohol, or any
22		other substance that results in the inability to practice
23		with reasonable judgment, skill, or safety.
24		(18) Physical or mental illness, including, but not
25		limited to, deterioration through the aging process or
26		loss of motor skills, which results in the inability to

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1		practice the profession for which the person is registered
2		with reasonable judgment, skill, or safety.
3		(19) Gross malpractice.
4		(20) Immoral conduct in the commission of an act
5		related to the registrant's practice, including, but not
6		limited to, sexual abuse, sexual misconduct, or sexual
7		exploitation.
8		(21) Violation of the Health Care Worker Self-Referral
9		Act.
10		(b) The Department may refuse to issue or may suspend
11		without hearing the registration of a person who fails to file
12		a return, to pay the tax, penalty, or interest shown in a filed
13		return, or to pay a final assessment of the tax, penalty, or
14		interest as required by a tax Act administered by the
15		Department of Revenue, until the requirements of the tax Act
16		are satisfied in accordance with subsection (g) of Section
17		2105-15 of the Department of Regulation Law of the Civil
18		Administrative Code of Illinois.
19		(b-1) The Department shall not revoke, suspend, summarily
20		suspend, place on probation, reprimand, refuse to issue or
21		renew, or take any other disciplinary or non-disciplinary
22		action against the license issued under this Act to practice
23		as a registered surgical assistant or registered surgical
24		technologist based solely upon the registered surgical
25		assistant or registered surgical technologist providing,
26		authorizing, recommending, aiding, assisting, referring for,

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1		or otherwise participating in any health care service, so long
2		as the care was not unlawful under the laws of this State,
3		regardless of whether the patient was a resident of this State
4		or another state.
5		(b-2) The Department shall not revoke, suspend, summarily
6		suspend, place on prohibition, reprimand, refuse to issue or
7		renew, or take any other disciplinary or non-disciplinary
8		action against the license issued under this Act to practice
9		as a registered surgical assistant or registered surgical
10		technologist based upon the registered surgical assistant's or
11		registered surgical technologist's license being revoked or
12		suspended, or the registered surgical assistant's or
13		registered surgical technologist's being otherwise disciplined
14		by any other state, if that revocation, suspension, or other
15		form of discipline was based solely on the registered surgical
16		assistant or registered surgical technologist violating
17		another state's laws prohibiting the provision of,
18		authorization of, recommendation of, aiding or assisting in,
19		referring for, or participation in any health care service if
20		that health care service as provided would not have been
21		unlawful under the laws of this State and is consistent with
22		the standards of conduct for the registered surgical assistant
23		or registered surgical technologist practicing in this State.
24		(b-3) The conduct specified in subsection (b-1) or (b-2)
25		shall not constitute grounds for suspension under Section 145.
26		(b-4) An applicant seeking licensure, certification, or

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1		authorization pursuant to this Act who has been subject to
2		disciplinary action by a duly authorized professional
3		disciplinary agency of another jurisdiction solely on the
4		basis of having provided, authorized, recommended, aided,
5		assisted, referred for, or otherwise participated in health
6		care shall not be denied such licensure, certification, or
7		authorization, unless the Department determines that such
8		action would have constituted professional misconduct in this
9		State. Nothing in this Section shall be construed as
10		prohibiting the Department from evaluating the conduct of such
11		applicant and making a determination regarding the licensure,
12		certification, or authorization to practice a profession under
13		this Act.
14		(c) The determination by a circuit court that a registrant
15		is subject to involuntary admission or judicial admission as
16		provided in the Mental Health and Developmental Disabilities
17		Code operates as an automatic suspension. The suspension will
18		end only upon (1) a finding by a court that the patient is no
19		longer subject to involuntary admission or judicial admission,
20		(2) issuance of an order so finding and discharging the
21		patient, and (3) filing of a petition for restoration
22		demonstrating fitness to practice.
23		(d) (Blank).
24		(e) In cases where the Department of Healthcare and Family
25		Services has previously determined a registrant or a potential
26		registrant is more than 30 days delinquent in the payment of

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1		child support and has subsequently certified the delinquency
2		to the Department, the Department may refuse to issue or renew
3		or may revoke or suspend that person's registration or may
4		take other disciplinary action against that person based
5		solely upon the certification of delinquency made by the
6		Department of Healthcare and Family Services in accordance
7		with paragraph (5) of subsection (a) of Section 2105-15 of the
8		Department of Professional Regulation Law of the Civil
9		Administrative Code of Illinois.
10		(f) In enforcing this Section, the Department, upon a
11		showing of a possible violation, may compel any individual
12		registered under this Act or any individual who has applied
13		for registration to submit to a mental or physical examination
14		and evaluation, or both, that may include a substance abuse or
15		sexual offender evaluation, at the expense of the Department.
16		The Department shall specifically designate the examining
17		physician licensed to practice medicine in all of its branches
18		or, if applicable, the multidisciplinary team involved in
19		providing the mental or physical examination and evaluation,
20		or both. The multidisciplinary team shall be led by a
21		physician licensed to practice medicine in all of its branches
22		and may consist of one or more or a combination of physicians
23		licensed to practice medicine in all of its branches, licensed
24		chiropractic physicians, licensed clinical psychologists,
25		licensed clinical social workers, licensed clinical
26		professional counselors, and other professional and

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1		administrative staff. Any examining physician or member of the
2		multidisciplinary team may require any person ordered to
3		submit to an examination and evaluation pursuant to this
4		Section to submit to any additional supplemental testing
5		deemed necessary to complete any examination or evaluation
6		process, including, but not limited to, blood testing,
7		urinalysis, psychological testing, or neuropsychological
8		testing.
9		The Department may order the examining physician or any
10		member of the multidisciplinary team to provide to the
11		Department any and all records, including business records,
12		that relate to the examination and evaluation, including any
13		supplemental testing performed. The Department may order the
14		examining physician or any member of the multidisciplinary
15		team to present testimony concerning this examination and
16		evaluation of the registrant or applicant, including testimony
17		concerning any supplemental testing or documents relating to
18		the examination and evaluation. No information, report,
19		record, or other documents in any way related to the
20		examination and evaluation shall be excluded by reason of any
21		common law or statutory privilege relating to communication
22		between the registrant or applicant and the examining
23		physician or any member of the multidisciplinary team. No
24		authorization is necessary from the registrant or applicant
25		ordered to undergo an evaluation and examination for the
26		examining physician or any member of the multidisciplinary

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1		team to provide information, reports, records, or other
2		documents or to provide any testimony regarding the
3		examination and evaluation. The individual to be examined may
4		have, at the individual's own expense, another physician of
5		the individual's choice present during all aspects of the
6		examination.
7		Failure of any individual to submit to mental or physical
8		examination and evaluation, or both, when directed, shall
9		result in an automatic suspension without a hearing until such
10		time as the individual submits to the examination. If the
11		Department finds a registrant unable to practice because of
12		the reasons set forth in this Section, the Department shall
13		require such registrant to submit to care, counseling, or
14		treatment by physicians approved or designated by the
15		Department as a condition for continued, reinstated, or
16		renewed registration.
17		When the Secretary immediately suspends a registration
18		under this Section, a hearing upon such person's registration
19		must be convened by the Department within 15 days after such
20		suspension and completed without appreciable delay. The
21		Department shall have the authority to review the registrant's
22		record of treatment and counseling regarding the impairment to
23		the extent permitted by applicable federal statutes and
24		regulations safeguarding the confidentiality of medical
25		records.
26		Individuals registered under this Act and affected under

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1		this Section shall be afforded an opportunity to demonstrate
2		to the Department that they can resume practice in compliance
3		with acceptable and prevailing standards under the provisions
4		of their registration.
5		(g) All fines imposed under this Section shall be paid
6		within 60 days after the effective date of the order imposing
7		the fine or in accordance with the terms set forth in the order
8		imposing the fine.
9		(f) The Department may adopt rules to implement the
10		changes made by Public Act 102-1117 this amendatory Act of the
11		102nd General Assembly.
12		(Source: P.A. 102-1117, eff. 1-13-23; 103-387, eff. 1-1-24;
13		revised 12-15-23.)
14		Section 420. The Solid Waste Site Operator Certification
15		Law is amended by changing Section 1011 as follows:
16		(225 ILCS 230/1011)
17		Sec. 1011. Fees.
18		(a) Fees for the issuance or renewal of a Solid Waste Site
19		Operator Certificate shall be as follows:
20		(1)(A) $400 for issuance or renewal for Solid Waste
21		Site Operators;
22		(B) (blank); and
23		(C) $100 for issuance or renewal for special waste
24		endorsements.

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1		(2) If the fee for renewal is not paid within the grace
2		period, the above fees for renewal shall each be increased by
3		$50.
4		(b) (Blank).
5		(c) All fees collected by the Agency under this Section
6		shall be deposited into the Environmental Protection Permit
7		and Inspection Fund to be used in accordance with the
8		provisions of subsection (a) of Section 22.8 of the
9		Environmental Protection Act.
10		(Source: P.A. 102-1017, eff. 1-1-23; 102-1071, eff. 6-10-22;
11		103-154, eff. 6-30-23; revised 9-21-23.)
12		Section 425. The Illinois Plumbing License Law is amended
13		by changing Section 13.1 as follows:
14		(225 ILCS 320/13.1)
15		Sec. 13.1. Plumbing contractors; registration;
16		applications.
17		(1) On and after May 1, 2002, all persons or corporations
18		desiring to engage in the business of plumbing contractor,
19		other than any entity that maintains an audited net worth of
20		shareholders' equity equal to or exceeding $100,000,000, shall
21		register in accordance with the provisions of this Act.
22		(2) Application for registration shall be filed with the
23		Department each year, on or before the last day of September,
24		in writing and on forms prepared and furnished by the

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1		Department. All plumbing contractor registrations expire on
2		the last day of September of each year.
3		(3) Applications shall contain the name, address, and
4		telephone number of the person and the plumbing license of (i)
5		the individual, if a sole proprietorship; (ii) the partner, if
6		a partnership; or (iii) an officer, if a corporation. The
7		application shall contain the business name, address, and
8		telephone number, a current copy of the plumbing license, and
9		any other information the Department may require by rule.
10		(4) Applicants shall submit an original certificate of
11		insurance documenting that the contractor carries general
12		liability insurance with a minimum of $100,000 per occurrence,
13		a minimum of $300,000 aggregate for bodily injury, property
14		damage insurance with a minimum of $50,000 or a minimum of
15		$300,000 combined single limit, and workers compensation
16		insurance with a minimum $500,000 employer's liability. No
17		registration may be issued in the absence of this certificate.
18		Certificates must be in force at all times for registration to
19		remain valid.
20		(5) Applicants shall submit, on a form provided by the
21		Department, an indemnification bond in the amount of $20,000
22		or a letter of credit in the same amount for work performed in
23		accordance with this Act and the rules promulgated under this
24		Act.
25		(5.5) The Department, upon notification by the Illinois
26		Workers' Compensation Commission or the Department of

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1		Insurance, shall refuse the issuance or renewal of a license
2		to, or suspend or revoke the license of, any individual,
3		corporation, partnership, or other business entity that has
4		been found by the Illinois Workers' Compensation Commission or
5		the Department of Insurance to have failed:
6		(a) to secure workers' compensation obligations in the
7		manner required by subsections (a) and (b) of Section 4 of
8		the Workers' Compensation Act;
9		(b) to pay in full a fine or penalty imposed by the
10		Illinois Workers' Compensation Commission or the
11		Department of Insurance due to a failure to secure
12		workers' compensation obligations in the manner required
13		by subsections (a) and (b) of Section 4 of the Workers'
14		Compensation Act; or
15		(c) to fulfill all obligations assumed pursuant to any
16		settlement reached with the Illinois Workers' Compensation
17		Commission or the Department of Insurance due to a failure
18		to secure workers' compensation obligations in the manner
19		required by subsections (a) and (b) of Section 4 of the
20		Workers' Compensation Act.
21		A complaint filed with the Department by the Illinois
22		Workers' Compensation Commission or the Department of
23		Insurance that includes a certification, signed by its
24		Director or Chairman or designee, attesting to a finding of
25		the failure to secure workers' compensation obligations in the
26		manner required by subsections (a) and (b) of Section 4 of the

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1		Workers' Compensation Act or the failure to pay any fines or
2		penalties or to discharge any obligation under a settlement
3		relating to the failure to secure workers' compensation
4		obligations in the manner required by subsections (a) and (b)
5		of Section 4 of the Workers' Compensation Act is prima facie
6		evidence of the licensee's or applicant's failure to comply
7		with subsections (a) and (b) of Section 4 of the Workers'
8		Compensation Act. Upon receipt of that certification, the
9		Department shall, without a hearing, immediately suspend all
10		licenses held by the licensee or the processing of any
11		application from the applicant. Enforcement of the
12		Department's order shall be stayed for 60 days. The Department
13		shall provide notice of the suspension to the licensee by
14		mailing a copy of the Department's order to the licensee's or
15		applicant's address of record or emailing a copy of the order
16		to the licensee's or applicant's email address of record. The
17		notice shall advise the licensee or applicant that the
18		suspension shall be effective 60 days after the issuance of
19		the order unless the Department receives, from the licensee or
20		applicant, a request for a hearing before the Department to
21		dispute the matters contained in the order.
22		Upon receiving notice from the Illinois Workers'
23		Compensation Commission or the Department of Insurance that
24		the violation has been corrected or otherwise resolved, the
25		Department shall vacate the order suspending a licensee's
26		license or the processing of an applicant's application.

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1		No license shall be suspended or revoked until after the
2		licensee is afforded any due process protection guaranteed by
3		statute or rule adopted by the Illinois Workers' Compensation
4		Commission or the Department of Insurance.
5		(6) All employees of a registered plumbing contractor who
6		engage in plumbing work shall be licensed plumbers or
7		apprentice plumbers in accordance with this Act.
8		(7) Plumbing contractors shall submit an annual
9		registration fee in an amount to be established by rule.
10		(8) The Department shall be notified in advance of any
11		changes in the business structure, name, or location or of the
12		addition or deletion of the owner or officer who is the
13		licensed plumber listed on the application. Failure to notify
14		the Department of this information is grounds for suspension
15		or revocation of the plumbing contractor's registration.
16		(9) In the event that the plumber's license on the
17		application for registration of a plumbing contractor is a
18		license issued by the City of Chicago, it shall be the
19		responsibility of the applicant to forward a copy of the
20		plumber's license to the Department, noting the name of the
21		registered plumbing contractor, when it is renewed. In the
22		event that the plumbing contractor's registration is suspended
23		or revoked, the Department shall notify the City of Chicago
24		and any corresponding plumbing contractor's license issued by
25		the City of Chicago shall be suspended or revoked.
26		(Source: P.A. 103-26, eff. 1-1-24; revised 1-2-24.)

HB4844 Engrossed - 1304 - LRB103 39009 AMC 69146 b
1		Section 430. The Timber Buyers Licensing Act is amended by
2		changing Section 2 as follows:
3		(225 ILCS 735/2) (from Ch. 111, par. 702)
4		Sec. 2. Definitions. When used in this Act, unless the
5		context otherwise requires, the term:
6		"Agent" means any person acting on behalf of a timber
7		buyer, employed by a timber buyer, or under an agreement,
8		whether oral or written, with a timber buyer who buys timber,
9		attempts to buy timber, procures contracts for the purchase or
10		cutting of timber, or attempts to procure contracts for the
11		purchase or cutting of timber.
12		"Buying timber" means to buy, barter, cut on shares, or
13		offer to buy, barter, cut on shares, or take possession of
14		timber with the consent of the timber grower.
15		"Department" means the Department of Natural Resources.
16		"Director" means the Director of Natural Resources.
17		"Good standing" means any person who is not:
18		(1) currently serving a sentence of probation, or
19		conditional discharge, for a violation of this Act or
20		administrative rules adopted under this Act;
21		(2) owes any amount of money pursuant to a civil
22		judgment regarding the sale, cutting, or transportation of
23		timber;
24		(3) owes the Department any required fee, payment, or

HB4844 Engrossed - 1305 - LRB103 39009 AMC 69146 b
1		money required under this Act; or
2		(4) is currently serving a suspension or revocation of
3		any privilege that is granted under this Act.
4		"Liability insurance" means not less than $500,000 in
5		insurance covering a timber buyer's business and agents that
6		shall insure against the liability of the insured for the
7		death, injury, or disability of an employee or other person
8		and insurance against the liability of the insured for damage
9		to or destruction of another person's property.
10		"Payment receipt" means copy or duplicate of an original
11		receipt of payment for timber to a timber grower or duplicate
12		of electronic or direct payment verification of funds received
13		by timber grower.
14		"Person" means any person, partnership, firm, association,
15		business trust, limited liability company, or corporation.
16		"Proof of ownership" means a printed document provided by
17		the Department that serves as a written bill of lading.
18		"Resident" means a person who in good faith makes
19		application for any license or permit and verifies by
20		statement that the person has maintained the person's
21		permanent abode or headquarters in this State for a period of
22		at least 30 consecutive days immediately preceding the
23		person's application and who does not maintain a permanent
24		abode or headquarters or claim residency in another state for
25		the purposes of obtaining any of the same or similar licenses
26		or permits covered by this Act. A person's permanent abode or

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1		headquarters is the person's fixed and permanent dwelling
2		place or main location where the person conducts business, as
3		distinguished from a temporary or transient place of residence
4		or location.
5		"Timber" means trees, standing or felled, and parts
6		thereof which can be used for sawing or processing into lumber
7		for building or structural purposes or for the manufacture of
8		any article. "Timber" does not include firewood, Christmas
9		trees, fruit or ornamental trees, or wood products not used or
10		to be used for building, structural, manufacturing, or
11		processing purposes.
12		"Timber buyer" means any person licensed or unlicensed,
13		who is engaged in the business of buying timber from the timber
14		growers thereof for sawing into lumber, for processing or for
15		resale, but does not include any person who occasionally
16		purchases timber for sawing or processing for the person's own
17		use and not for resale.
18		"Timber grower" means the owner, tenant, or operator of
19		land in this State who has an interest in, or is entitled to
20		receive any part of the proceeds from the sale of timber grown
21		in this State and includes persons exercising authority to
22		sell timber.
23		"Transporter" means any person acting on behalf of a
24		timber buyer, employed by a timber buyer, or under an
25		agreement, whether oral or written, with a timber buyer who
26		takes or carries timber from one place to another by means of a

HB4844 Engrossed - 1307 - LRB103 39009 AMC 69146 b
1		motor vehicle.
2		.
3		(Source: P.A. 103-218, eff. 1-1-24; revised 1-2-24.)
4		Section 435. The Illinois Horse Racing Act of 1975 is
5		amended by changing Sections 30 and 31 as follows:
6		(230 ILCS 5/30) (from Ch. 8, par. 37-30)
7		Sec. 30. (a) The General Assembly declares that it is the
8		policy of this State to encourage the breeding of thoroughbred
9		horses in this State and the ownership of such horses by
10		residents of this State in order to provide for: sufficient
11		numbers of high quality thoroughbred horses to participate in
12		thoroughbred racing meetings in this State, and to establish
13		and preserve the agricultural and commercial benefits of such
14		breeding and racing industries to the State of Illinois. It is
15		the intent of the General Assembly to further this policy by
16		the provisions of this Act.
17		(b) Each organization licensee conducting a thoroughbred
18		racing meeting pursuant to this Act shall provide at least two
19		races each day limited to Illinois conceived and foaled horses
20		or Illinois foaled horses or both. A minimum of 6 races shall
21		be conducted each week limited to Illinois conceived and
22		foaled or Illinois foaled horses or both. No horses shall be
23		permitted to start in such races unless duly registered under
24		the rules of the Department of Agriculture.

HB4844 Engrossed - 1308 - LRB103 39009 AMC 69146 b
1		(c) Conditions of races under subsection (b) shall be
2		commensurate with past performance, quality, and class of
3		Illinois conceived and foaled and Illinois foaled horses
4		available. If, however, sufficient competition cannot be had
5		among horses of that class on any day, the races may, with
6		consent of the Board, be eliminated for that day and
7		substitute races provided.
8		(d) There is hereby created a special fund of the State
9		treasury Treasury to be known as the Illinois Thoroughbred
10		Breeders Fund.
11		Beginning on June 28, 2019 (the effective date of Public
12		Act 101-31), the Illinois Thoroughbred Breeders Fund shall
13		become a non-appropriated trust fund held separate from State
14		moneys. Expenditures from this Fund shall no longer be subject
15		to appropriation.
16		Except as provided in subsection (g) of Section 27 of this
17		Act, 8.5% of all the monies received by the State as privilege
18		taxes on Thoroughbred racing meetings shall be paid into the
19		Illinois Thoroughbred Breeders Fund.
20		Notwithstanding any provision of law to the contrary,
21		amounts deposited into the Illinois Thoroughbred Breeders Fund
22		from revenues generated by gaming pursuant to an organization
23		gaming license issued under the Illinois Gambling Act after
24		June 28, 2019 (the effective date of Public Act 101-31) shall
25		be in addition to tax and fee amounts paid under this Section
26		for calendar year 2019 and thereafter.

HB4844 Engrossed - 1309 - LRB103 39009 AMC 69146 b
1		(e) The Illinois Thoroughbred Breeders Fund shall be
2		administered by the Department of Agriculture with the advice
3		and assistance of the Advisory Board created in subsection (f)
4		of this Section.
5		(f) The Illinois Thoroughbred Breeders Fund Advisory Board
6		shall consist of the Director of the Department of
7		Agriculture, who shall serve as Chairman; a member of the
8		Illinois Racing Board, designated by it; 2 representatives of
9		the organization licensees conducting thoroughbred racing
10		meetings, recommended by them; 2 representatives of the
11		Illinois Thoroughbred Breeders and Owners Foundation,
12		recommended by it; one representative of the Horsemen's
13		Benevolent Protective Association; and one representative from
14		the Illinois Thoroughbred Horsemen's Association. Advisory
15		Board members shall serve for 2 years commencing January 1 of
16		each odd numbered year. If representatives of the organization
17		licensees conducting thoroughbred racing meetings, the
18		Illinois Thoroughbred Breeders and Owners Foundation, the
19		Horsemen's Benevolent Protection Association, and the Illinois
20		Thoroughbred Horsemen's Association have not been recommended
21		by January 1, of each odd numbered year, the Director of the
22		Department of Agriculture shall make an appointment for the
23		organization failing to so recommend a member of the Advisory
24		Board. Advisory Board members shall receive no compensation
25		for their services as members but shall be reimbursed for all
26		actual and necessary expenses and disbursements incurred in

HB4844 Engrossed - 1310 - LRB103 39009 AMC 69146 b
1		the execution of their official duties.
2		(g) Monies expended from the Illinois Thoroughbred
3		Breeders Fund shall be expended by the Department of
4		Agriculture, with the advice and assistance of the Illinois
5		Thoroughbred Breeders Fund Advisory Board, for the following
6		purposes only:
7		(1) To provide purse supplements to owners of horses
8		participating in races limited to Illinois conceived and
9		foaled and Illinois foaled horses. Any such purse
10		supplements shall not be included in and shall be paid in
11		addition to any purses, stakes, or breeders' awards
12		offered by each organization licensee as determined by
13		agreement between such organization licensee and an
14		organization representing the horsemen. No monies from the
15		Illinois Thoroughbred Breeders Fund shall be used to
16		provide purse supplements for claiming races in which the
17		minimum claiming price is less than $7,500.
18		(2) To provide stakes and awards to be paid to the
19		owners of the winning horses in certain races limited to
20		Illinois conceived and foaled and Illinois foaled horses
21		designated as stakes races.
22		(2.5) To provide an award to the owner or owners of an
23		Illinois conceived and foaled or Illinois foaled horse
24		that wins a maiden special weight, an allowance, overnight
25		handicap race, or claiming race with claiming price of
26		$10,000 or more providing the race is not restricted to

HB4844 Engrossed - 1311 - LRB103 39009 AMC 69146 b
1		Illinois conceived and foaled or Illinois foaled horses.
2		Awards shall also be provided to the owner or owners of
3		Illinois conceived and foaled and Illinois foaled horses
4		that place second or third in those races. To the extent
5		that additional moneys are required to pay the minimum
6		additional awards of 40% of the purse the horse earns for
7		placing first, second, or third in those races for
8		Illinois foaled horses and of 60% of the purse the horse
9		earns for placing first, second, or third in those races
10		for Illinois conceived and foaled horses, those moneys
11		shall be provided from the purse account at the track
12		where earned.
13		(3) To provide stallion awards to the owner or owners
14		of any stallion that is duly registered with the Illinois
15		Thoroughbred Breeders Fund Program whose duly registered
16		Illinois conceived and foaled offspring wins a race
17		conducted at an Illinois thoroughbred racing meeting other
18		than a claiming race, provided that the stallion stood
19		service within Illinois at the time the offspring was
20		conceived and that the stallion did not stand for service
21		outside of Illinois at any time during the year in which
22		the offspring was conceived.
23		(4) To provide $75,000 annually for purses to be
24		distributed to county fairs that provide for the running
25		of races during each county fair exclusively for the
26		thoroughbreds conceived and foaled in Illinois. The

HB4844 Engrossed - 1312 - LRB103 39009 AMC 69146 b
1		conditions of the races shall be developed by the county
2		fair association and reviewed by the Department with the
3		advice and assistance of the Illinois Thoroughbred
4		Breeders Fund Advisory Board. There shall be no wagering
5		of any kind on the running of Illinois conceived and
6		foaled races at county fairs.
7		(4.1) To provide purse money for an Illinois stallion
8		stakes program.
9		(5) No less than 90% of all monies expended from the
10		Illinois Thoroughbred Breeders Fund shall be expended for
11		the purposes in (1), (2), (2.5), (3), (4), (4.1), and (5)
12		as shown above.
13		(6) To provide for educational programs regarding the
14		thoroughbred breeding industry.
15		(7) To provide for research programs concerning the
16		health, development and care of the thoroughbred horse.
17		(8) To provide for a scholarship and training program
18		for students of equine veterinary medicine.
19		(9) To provide for dissemination of public information
20		designed to promote the breeding of thoroughbred horses in
21		Illinois.
22		(10) To provide for all expenses incurred in the
23		administration of the Illinois Thoroughbred Breeders Fund.
24		(h) The Illinois Thoroughbred Breeders Fund is not subject
25		to administrative charges or chargebacks, including, but not
26		limited to, those authorized under Section 8h of the State

HB4844 Engrossed - 1313 - LRB103 39009 AMC 69146 b
1		Finance Act.
2		(i) A sum equal to 13% of the first prize money of every
3		purse won by an Illinois foaled or Illinois conceived and
4		foaled horse in races not limited to Illinois foaled horses or
5		Illinois conceived and foaled horses, or both, shall be paid
6		by the organization licensee conducting the horse race
7		meeting. Such sum shall be paid 50% from the organization
8		licensee's share of the money wagered and 50% from the purse
9		account as follows: 11 1/2% to the breeder of the winning horse
10		and 1 1/2% to the organization representing thoroughbred
11		breeders and owners who representative serves on the Illinois
12		Thoroughbred Breeders Fund Advisory Board for verifying the
13		amounts of breeders' awards earned, ensuring their
14		distribution in accordance with this Act, and servicing and
15		promoting the Illinois thoroughbred horse racing industry.
16		Beginning in the calendar year in which an organization
17		licensee that is eligible to receive payments under paragraph
18		(13) of subsection (g) of Section 26 of this Act begins to
19		receive funds from gaming pursuant to an organization gaming
20		license issued under the Illinois Gambling Act, a sum equal to
21		21 1/2% of the first prize money of every purse won by an
22		Illinois foaled or an Illinois conceived and foaled horse in
23		races not limited to an Illinois conceived and foaled horse,
24		or both, shall be paid 30% from the organization licensee's
25		account and 70% from the purse account as follows: 20% to the
26		breeder of the winning horse and 1 1/2% to the organization

HB4844 Engrossed - 1314 - LRB103 39009 AMC 69146 b
1		representing thoroughbred breeders and owners whose
2		representatives serve on the Illinois Thoroughbred Breeders
3		Fund Advisory Board for verifying the amounts of breeders'
4		awards earned, ensuring their distribution in accordance with
5		this Act, and servicing and promoting the Illinois
6		Thoroughbred racing industry. The organization representing
7		thoroughbred breeders and owners shall cause all expenditures
8		of monies received under this subsection (i) to be audited at
9		least annually by a registered public accountant. The
10		organization shall file copies of each annual audit with the
11		Racing Board, the Clerk of the House of Representatives and
12		the Secretary of the Senate, and shall make copies of each
13		annual audit available to the public upon request and upon
14		payment of the reasonable cost of photocopying the requested
15		number of copies. Such payments shall not reduce any award to
16		the owner of the horse or reduce the taxes payable under this
17		Act. Upon completion of its racing meet, each organization
18		licensee shall deliver to the organization representing
19		thoroughbred breeders and owners whose representative serves
20		on the Illinois Thoroughbred Breeders Fund Advisory Board a
21		listing of all the Illinois foaled and the Illinois conceived
22		and foaled horses which won breeders' awards and the amount of
23		such breeders' awards under this subsection to verify accuracy
24		of payments and assure proper distribution of breeders' awards
25		in accordance with the provisions of this Act. Such payments
26		shall be delivered by the organization licensee within 30 days

HB4844 Engrossed - 1315 - LRB103 39009 AMC 69146 b
1		of the end of each race meeting.
2		(j) A sum equal to 13% of the first prize money won in
3		every race limited to Illinois foaled horses or Illinois
4		conceived and foaled horses, or both, shall be paid in the
5		following manner by the organization licensee conducting the
6		horse race meeting, 50% from the organization licensee's share
7		of the money wagered and 50% from the purse account as follows:
8		11 1/2% to the breeders of the horses in each such race which
9		are the official first, second, third, and fourth finishers
10		and 1 1/2% to the organization representing thoroughbred
11		breeders and owners whose representatives serve on the
12		Illinois Thoroughbred Breeders Fund Advisory Board for
13		verifying the amounts of breeders' awards earned, ensuring
14		their proper distribution in accordance with this Act, and
15		servicing and promoting the Illinois horse racing industry.
16		Beginning in the calendar year in which an organization
17		licensee that is eligible to receive payments under paragraph
18		(13) of subsection (g) of Section 26 of this Act begins to
19		receive funds from gaming pursuant to an organization gaming
20		license issued under the Illinois Gambling Act, a sum of 21
21		1/2% of every purse in a race limited to Illinois foaled horses
22		or Illinois conceived and foaled horses, or both, shall be
23		paid by the organization licensee conducting the horse race
24		meeting. Such sum shall be paid 30% from the organization
25		licensee's account and 70% from the purse account as follows:
26		20% to the breeders of the horses in each such race who are

HB4844 Engrossed - 1316 - LRB103 39009 AMC 69146 b
1		official first, second, third and fourth finishers and 1 1/2%
2		to the organization representing thoroughbred breeders and
3		owners whose representatives serve on the Illinois
4		Thoroughbred Breeders Fund Advisory Board for verifying the
5		amounts of breeders' awards earned, ensuring their proper
6		distribution in accordance with this Act, and servicing and
7		promoting the Illinois thoroughbred horse racing industry. The
8		organization representing thoroughbred breeders and owners
9		shall cause all expenditures of moneys received under this
10		subsection (j) to be audited at least annually by a registered
11		public accountant. The organization shall file copies of each
12		annual audit with the Racing Board, the Clerk of the House of
13		Representatives and the Secretary of the Senate, and shall
14		make copies of each annual audit available to the public upon
15		request and upon payment of the reasonable cost of
16		photocopying the requested number of copies. The copies of the
17		audit to the General Assembly shall be filed with the Clerk of
18		the House of Representatives and the Secretary of the Senate
19		in electronic form only, in the manner that the Clerk and the
20		Secretary shall direct.
21		The amounts paid to the breeders in accordance with this
22		subsection shall be distributed as follows:
23		(1) 60% of such sum shall be paid to the breeder of the
24		horse which finishes in the official first position;
25		(2) 20% of such sum shall be paid to the breeder of the
26		horse which finishes in the official second position;

HB4844 Engrossed - 1317 - LRB103 39009 AMC 69146 b
1		(3) 15% of such sum shall be paid to the breeder of the
2		horse which finishes in the official third position; and
3		(4) 5% of such sum shall be paid to the breeder of the
4		horse which finishes in the official fourth position.
5		Such payments shall not reduce any award to the owners of a
6		horse or reduce the taxes payable under this Act. Upon
7		completion of its racing meet, each organization licensee
8		shall deliver to the organization representing thoroughbred
9		breeders and owners whose representative serves on the
10		Illinois Thoroughbred Breeders Fund Advisory Board a listing
11		of all the Illinois foaled and the Illinois conceived and
12		foaled horses which won breeders' awards and the amount of
13		such breeders' awards in accordance with the provisions of
14		this Act. Such payments shall be delivered by the organization
15		licensee within 30 days of the end of each race meeting.
16		(k) The term "breeder", as used herein, means the owner of
17		the mare at the time the foal is dropped. An "Illinois foaled
18		horse" is a foal dropped by a mare which enters this State on
19		or before December 1, in the year in which the horse is bred,
20		provided the mare remains continuously in this State until its
21		foal is born. An "Illinois foaled horse" also means a foal born
22		of a mare in the same year as the mare enters this State on or
23		before March 1, and remains in this State at least 30 days
24		after foaling, is bred back during the season of the foaling to
25		an Illinois Registered Stallion (unless a veterinarian
26		certifies that the mare should not be bred for health

HB4844 Engrossed - 1318 - LRB103 39009 AMC 69146 b
1		reasons), and is not bred to a stallion standing in any other
2		state during the season of foaling. An "Illinois foaled horse"
3		also means a foal born in Illinois of a mare purchased at
4		public auction subsequent to the mare entering this State on
5		or before March 1 of the foaling year providing the mare is
6		owned solely by one or more Illinois residents or an Illinois
7		entity that is entirely owned by one or more Illinois
8		residents.
9		(l) The Department of Agriculture shall, by rule, with the
10		advice and assistance of the Illinois Thoroughbred Breeders
11		Fund Advisory Board:
12		(1) Qualify stallions for Illinois breeding; such
13		stallions to stand for service within the State of
14		Illinois at the time of a foal's conception. Such stallion
15		must not stand for service at any place outside the State
16		of Illinois during the calendar year in which the foal is
17		conceived. The Department of Agriculture may assess and
18		collect an application fee of up to $500 for the
19		registration of Illinois-eligible stallions. All fees
20		collected are to be held in trust accounts for the
21		purposes set forth in this Act and in accordance with
22		Section 205-15 of the Department of Agriculture Law.
23		(2) Provide for the registration of Illinois conceived
24		and foaled horses and Illinois foaled horses. No such
25		horse shall compete in the races limited to Illinois
26		conceived and foaled horses or Illinois foaled horses or

HB4844 Engrossed - 1319 - LRB103 39009 AMC 69146 b
1		both unless registered with the Department of Agriculture.
2		The Department of Agriculture may prescribe such forms as
3		are necessary to determine the eligibility of such horses.
4		The Department of Agriculture may assess and collect
5		application fees for the registration of Illinois-eligible
6		foals. All fees collected are to be held in trust accounts
7		for the purposes set forth in this Act and in accordance
8		with Section 205-15 of the Department of Agriculture Law.
9		No person shall knowingly prepare or cause preparation of
10		an application for registration of such foals containing
11		false information.
12		(m) The Department of Agriculture, with the advice and
13		assistance of the Illinois Thoroughbred Breeders Fund Advisory
14		Board, shall provide that certain races limited to Illinois
15		conceived and foaled and Illinois foaled horses be stakes
16		races and determine the total amount of stakes and awards to be
17		paid to the owners of the winning horses in such races.
18		In determining the stakes races and the amount of awards
19		for such races, the Department of Agriculture shall consider
20		factors, including, but not limited to, the amount of money
21		transferred into the Illinois Thoroughbred Breeders Fund,
22		organization licensees' contributions, availability of stakes
23		caliber horses as demonstrated by past performances, whether
24		the race can be coordinated into the proposed racing dates
25		within organization licensees' racing dates, opportunity for
26		colts and fillies and various age groups to race, public

HB4844 Engrossed - 1320 - LRB103 39009 AMC 69146 b
1		wagering on such races, and the previous racing schedule.
2		(n) The Board and the organization licensee shall notify
3		the Department of the conditions and minimum purses for races
4		limited to Illinois conceived and foaled and Illinois foaled
5		horses conducted for each organization licensee conducting a
6		thoroughbred racing meeting. The Department of Agriculture
7		with the advice and assistance of the Illinois Thoroughbred
8		Breeders Fund Advisory Board may allocate monies for purse
9		supplements for such races. In determining whether to allocate
10		money and the amount, the Department of Agriculture shall
11		consider factors, including, but not limited to, the amount of
12		money transferred into the Illinois Thoroughbred Breeders
13		Fund, the number of races that may occur, and the organization
14		licensee's purse structure.
15		(o) (Blank).
16		(Source: P.A. 103-8, eff. 6-7-23; revised 9-26-23.)
17		(230 ILCS 5/31) (from Ch. 8, par. 37-31)
18		Sec. 31. (a) The General Assembly declares that it is the
19		policy of this State to encourage the breeding of standardbred
20		horses in this State and the ownership of such horses by
21		residents of this State in order to provide for: sufficient
22		numbers of high quality standardbred horses to participate in
23		harness racing meetings in this State, and to establish and
24		preserve the agricultural and commercial benefits of such
25		breeding and racing industries to the State of Illinois. It is

HB4844 Engrossed - 1321 - LRB103 39009 AMC 69146 b
1		the intent of the General Assembly to further this policy by
2		the provisions of this Section of this Act.
3		(b) Each organization licensee conducting a harness racing
4		meeting pursuant to this Act shall provide for at least two
5		races each race program limited to Illinois conceived and
6		foaled horses. A minimum of 6 races shall be conducted each
7		week limited to Illinois conceived and foaled horses. No
8		horses shall be permitted to start in such races unless duly
9		registered under the rules of the Department of Agriculture.
10		(b-5) Organization licensees, not including the Illinois
11		State Fair or the DuQuoin State Fair, shall provide stake
12		races and early closer races for Illinois conceived and foaled
13		horses so that purses distributed for such races shall be no
14		less than 17% of total purses distributed for harness racing
15		in that calendar year in addition to any stakes payments and
16		starting fees contributed by horse owners.
17		(b-10) Each organization licensee conducting a harness
18		racing meeting pursuant to this Act shall provide an owner
19		award to be paid from the purse account equal to 12% of the
20		amount earned by Illinois conceived and foaled horses
21		finishing in the first 3 positions in races that are not
22		restricted to Illinois conceived and foaled horses. The owner
23		awards shall not be paid on races below the $10,000 claiming
24		class.
25		(c) Conditions of races under subsection (b) shall be
26		commensurate with past performance, quality, and class of

HB4844 Engrossed - 1322 - LRB103 39009 AMC 69146 b
1		Illinois conceived and foaled horses available. If, however,
2		sufficient competition cannot be had among horses of that
3		class on any day, the races may, with consent of the Board, be
4		eliminated for that day and substitute races provided.
5		(d) There is hereby created a special fund of the State
6		treasury Treasury to be known as the Illinois Standardbred
7		Breeders Fund. Beginning on June 28, 2019 (the effective date
8		of Public Act 101-31), the Illinois Standardbred Breeders Fund
9		shall become a non-appropriated trust fund held separate and
10		apart from State moneys. Expenditures from this Fund shall no
11		longer be subject to appropriation.
12		During the calendar year 1981, and each year thereafter,
13		except as provided in subsection (g) of Section 27 of this Act,
14		eight and one-half per cent of all the monies received by the
15		State as privilege taxes on harness racing meetings shall be
16		paid into the Illinois Standardbred Breeders Fund.
17		(e) Notwithstanding any provision of law to the contrary,
18		amounts deposited into the Illinois Standardbred Breeders Fund
19		from revenues generated by gaming pursuant to an organization
20		gaming license issued under the Illinois Gambling Act after
21		June 28, 2019 (the effective date of Public Act 101-31) shall
22		be in addition to tax and fee amounts paid under this Section
23		for calendar year 2019 and thereafter. The Illinois
24		Standardbred Breeders Fund shall be administered by the
25		Department of Agriculture with the assistance and advice of
26		the Advisory Board created in subsection (f) of this Section.

HB4844 Engrossed - 1323 - LRB103 39009 AMC 69146 b
1		(f) The Illinois Standardbred Breeders Fund Advisory Board
2		is hereby created. The Advisory Board shall consist of the
3		Director of the Department of Agriculture, who shall serve as
4		Chairman; the Superintendent of the Illinois State Fair; a
5		member of the Illinois Racing Board, designated by it; a
6		representative of the largest association of Illinois
7		standardbred owners and breeders, recommended by it; a
8		representative of a statewide association representing
9		agricultural fairs in Illinois, recommended by it, such
10		representative to be from a fair at which Illinois conceived
11		and foaled racing is conducted; a representative of the
12		organization licensees conducting harness racing meetings,
13		recommended by them; a representative of the Breeder's
14		Committee of the association representing the largest number
15		of standardbred owners, breeders, trainers, caretakers, and
16		drivers, recommended by it; and a representative of the
17		association representing the largest number of standardbred
18		owners, breeders, trainers, caretakers, and drivers,
19		recommended by it. Advisory Board members shall serve for 2
20		years commencing January 1 of each odd numbered year. If
21		representatives of the largest association of Illinois
22		standardbred owners and breeders, a statewide association of
23		agricultural fairs in Illinois, the association representing
24		the largest number of standardbred owners, breeders, trainers,
25		caretakers, and drivers, a member of the Breeder's Committee
26		of the association representing the largest number of

HB4844 Engrossed - 1324 - LRB103 39009 AMC 69146 b
1		standardbred owners, breeders, trainers, caretakers, and
2		drivers, and the organization licensees conducting harness
3		racing meetings have not been recommended by January 1 of each
4		odd numbered year, the Director of the Department of
5		Agriculture shall make an appointment for the organization
6		failing to so recommend a member of the Advisory Board.
7		Advisory Board members shall receive no compensation for their
8		services as members but shall be reimbursed for all actual and
9		necessary expenses and disbursements incurred in the execution
10		of their official duties.
11		(g) Monies expended from the Illinois Standardbred
12		Breeders Fund shall be expended by the Department of
13		Agriculture, with the assistance and advice of the Illinois
14		Standardbred Breeders Fund Advisory Board for the following
15		purposes only:
16		1. To provide purses for races limited to Illinois
17		conceived and foaled horses at the State Fair and the
18		DuQuoin State Fair.
19		2. To provide purses for races limited to Illinois
20		conceived and foaled horses at county fairs.
21		3. To provide purse supplements for races limited to
22		Illinois conceived and foaled horses conducted by
23		associations conducting harness racing meetings.
24		4. No less than 75% of all monies in the Illinois
25		Standardbred Breeders Fund shall be expended for purses in
26		1, 2, and 3 as shown above.

HB4844 Engrossed - 1325 - LRB103 39009 AMC 69146 b
1		5. In the discretion of the Department of Agriculture
2		to provide awards to harness breeders of Illinois
3		conceived and foaled horses which win races conducted by
4		organization licensees conducting harness racing meetings.
5		A breeder is the owner of a mare at the time of conception.
6		No more than 10% of all moneys transferred into the
7		Illinois Standardbred Breeders Fund shall be expended for
8		such harness breeders awards. No more than 25% of the
9		amount expended for harness breeders awards shall be
10		expended for expenses incurred in the administration of
11		such harness breeders awards.
12		6. To pay for the improvement of racing facilities
13		located at the State Fair and County fairs.
14		7. To pay the expenses incurred in the administration
15		of the Illinois Standardbred Breeders Fund.
16		8. To promote the sport of harness racing, including
17		grants up to a maximum of $7,500 per fair per year for
18		conducting pari-mutuel wagering during the advertised
19		dates of a county fair.
20		9. To pay up to $50,000 annually for the Department of
21		Agriculture to conduct drug testing at county fairs racing
22		standardbred horses.
23		(h) The Illinois Standardbred Breeders Fund is not subject
24		to administrative charges or chargebacks, including, but not
25		limited to, those authorized under Section 8h of the State
26		Finance Act.

HB4844 Engrossed - 1326 - LRB103 39009 AMC 69146 b
1		(i) A sum equal to 13% of the first prize money of the
2		gross purse won by an Illinois conceived and foaled horse
3		shall be paid 50% by the organization licensee conducting the
4		horse race meeting to the breeder of such winning horse from
5		the organization licensee's account and 50% from the purse
6		account of the licensee. Such payment shall not reduce any
7		award to the owner of the horse or reduce the taxes payable
8		under this Act. Such payment shall be delivered by the
9		organization licensee at the end of each quarter.
10		(j) The Department of Agriculture shall, by rule, with the
11		assistance and advice of the Illinois Standardbred Breeders
12		Fund Advisory Board:
13		1. Qualify stallions for Illinois Standardbred
14		Breeders Fund breeding. Such stallion shall stand for
15		service at and within the State of Illinois at the time of
16		a foal's conception, and such stallion must not stand for
17		service at any place outside the State of Illinois during
18		that calendar year in which the foal is conceived.
19		However, on and after January 1, 2018, semen from an
20		Illinois stallion may be transported outside the State of
21		Illinois.
22		2. Provide for the registration of Illinois conceived
23		and foaled horses and no such horse shall compete in the
24		races limited to Illinois conceived and foaled horses
25		unless registered with the Department of Agriculture. The
26		Department of Agriculture may prescribe such forms as may

HB4844 Engrossed - 1327 - LRB103 39009 AMC 69146 b
1		be necessary to determine the eligibility of such horses.
2		No person shall knowingly prepare or cause preparation of
3		an application for registration of such foals containing
4		false information. A mare (dam) must be in the State at
5		least 30 days prior to foaling or remain in the State at
6		least 30 days at the time of foaling. However, the
7		requirement that a mare (dam) must be in the State at least
8		30 days before foaling or remain in the State at least 30
9		days at the time of foaling shall not be in effect from
10		January 1, 2018 until January 1, 2022. Beginning with the
11		1996 breeding season and for foals of 1997 and thereafter,
12		a foal conceived by transported semen may be eligible for
13		Illinois conceived and foaled registration provided all
14		breeding and foaling requirements are met. The stallion
15		must be qualified for Illinois Standardbred Breeders Fund
16		breeding at the time of conception. The foal must be
17		dropped in Illinois and properly registered with the
18		Department of Agriculture in accordance with this Act.
19		However, from January 1, 2018 until January 1, 2022, the
20		requirement for a mare to be inseminated within the State
21		of Illinois and the requirement for a foal to be dropped in
22		Illinois are inapplicable.
23		3. Provide that at least a 5-day racing program shall
24		be conducted at the State Fair each year, unless an
25		alternate racing program is requested by the Illinois
26		Standardbred Breeders Fund Advisory Board, which program

HB4844 Engrossed - 1328 - LRB103 39009 AMC 69146 b
1		shall include at least the following races limited to
2		Illinois conceived and foaled horses: (a) a 2-year-old
3		Trot and Pace, and Filly Division of each; (b) a
4		3-year-old Trot and Pace, and Filly Division of each; (c)
5		an aged Trot and Pace, and Mare Division of each.
6		4. Provide for the payment of nominating, sustaining,
7		and starting fees for races promoting the sport of harness
8		racing and for the races to be conducted at the State Fair
9		as provided in paragraph subsection (j) 3 of this
10		subsection Section provided that the nominating,
11		sustaining, and starting payment required from an entrant
12		shall not exceed 2% of the purse of such race. All
13		nominating, sustaining, and starting payments shall be
14		held for the benefit of entrants and shall be paid out as
15		part of the respective purses for such races. Nominating,
16		sustaining, and starting fees shall be held in trust
17		accounts for the purposes as set forth in this Act and in
18		accordance with Section 205-15 of the Department of
19		Agriculture Law.
20		5. Provide for the registration with the Department of
21		Agriculture of Colt Associations or county fairs desiring
22		to sponsor races at county fairs.
23		6. Provide for the promotion of producing standardbred
24		racehorses by providing a bonus award program for owners
25		of 2-year-old horses that win multiple major stakes races
26		that are limited to Illinois conceived and foaled horses.

HB4844 Engrossed - 1329 - LRB103 39009 AMC 69146 b
1		(k) The Department of Agriculture, with the advice and
2		assistance of the Illinois Standardbred Breeders Fund Advisory
3		Board, may allocate monies for purse supplements for such
4		races. In determining whether to allocate money and the
5		amount, the Department of Agriculture shall consider factors,
6		including, but not limited to, the amount of money transferred
7		into the Illinois Standardbred Breeders Fund, the number of
8		races that may occur, and an organization licensee's purse
9		structure. The organization licensee shall notify the
10		Department of Agriculture of the conditions and minimum purses
11		for races limited to Illinois conceived and foaled horses to
12		be conducted by each organization licensee conducting a
13		harness racing meeting for which purse supplements have been
14		negotiated.
15		(l) All races held at county fairs and the State Fair which
16		receive funds from the Illinois Standardbred Breeders Fund
17		shall be conducted in accordance with the rules of the United
18		States Trotting Association unless otherwise modified by the
19		Department of Agriculture.
20		(m) At all standardbred race meetings held or conducted
21		under authority of a license granted by the Board, and at all
22		standardbred races held at county fairs which are approved by
23		the Department of Agriculture or at the Illinois or DuQuoin
24		State Fairs, no one shall jog, train, warm up, or drive a
25		standardbred horse unless he or she is wearing a protective
26		safety helmet, with the chin strap fastened and in place,

HB4844 Engrossed - 1330 - LRB103 39009 AMC 69146 b
1		which meets the standards and requirements as set forth in the
2		1984 Standard for Protective Headgear for Use in Harness
3		Racing and Other Equestrian Sports published by the Snell
4		Memorial Foundation, or any standards and requirements for
5		headgear the Illinois Racing Board may approve. Any other
6		standards and requirements so approved by the Board shall
7		equal or exceed those published by the Snell Memorial
8		Foundation. Any equestrian helmet bearing the Snell label
9		shall be deemed to have met those standards and requirements.
10		(Source: P.A. 102-558, eff. 8-20-21; 102-689, eff. 12-17-21;
11		103-8, eff. 6-7-23; revised 9-26-23.)
12		Section 440. The Liquor Control Act of 1934 is amended by
13		changing Section 5-3 as follows:
14		(235 ILCS 5/5-3) (from Ch. 43, par. 118)
15		Sec. 5-3. License fees. Except as otherwise provided
16		herein, at the time application is made to the State
17		Commission for a license of any class, the applicant shall pay
18		to the State Commission the fee hereinafter provided for the
19		kind of license applied for.
20		The fee for licenses issued by the State Commission shall
21		be as follows:
22 Online Initial 23 renewal license 24 or

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1 non-online 2 renewal

3 For a manufacturer's license: 4 Class 1. Distiller ................. $4,000 $5,000 5 Class 2. Rectifier ................. 4,000 5,000 6 Class 3. Brewer .................... 1,200 1,500 7 Class 4. First-class Wine 8 Manufacturer ................... 750 900 9 Class 5. Second-class 10 Wine Manufacturer .............. 1,500 1,750 11 Class 6. First-class wine-maker .... 750 900 12 Class 7. Second-class wine-maker ... 1,500 1,750 13 Class 8. Limited Wine 14 Manufacturer.................... 250 350 15 Class 9. Craft Distiller............ 2,000 2,500 16 Class 10. Class 1 Craft Distiller... 50 75 17 Class 11. Class 2 Craft Distiller... 75 100 18 Class 12. Class 1 Brewer............ 50 75 19 Class 13. Class 2 Brewer............ 75 100 20 Class 14. Class 3 Brewer............ 25 50 21 For a Brew Pub License.............. 1,200 1,500 22 For a Distilling Pub License........ 1,200 1,500 23 For a caterer retailer's license.... 350 500 24 For a foreign importer's license ... 25 25 25 For an importing distributor's 26 license......................... 25 25

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1 For a distributor's license 2 (11,250,000 gallons 3 or over)........................ 1,450 2,200 4 For a distributor's license 5 (over 4,500,000 gallons, but 6 under 11,250,000 gallons)....... 950 1,450 7 For a distributor's license 8 (4,500,000 gallons or under).... 300 450 9 For a non-resident dealer's license 10 (500,000 gallons or over) 11 or with self-distribution 12 privileges ..................... 1,200 1,500 13 For a non-resident dealer's license 14 (under 500,000 gallons) ........ 250 350 15 For a wine-maker's premises 16 license ........................ 250 500 17 For a winery shipper's license 18 (under 250,000 gallons)......... 200 350 19 For a winery shipper's license 20 (250,000 or over, but 21 under 500,000 gallons).......... 750 1,000 22 For a winery shipper's license 23 (500,000 gallons or over)....... 1,200 1,500 24 For a wine-maker's premises 25 license, second location ....... 500 1,000 26 For a wine-maker's premises

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1 license, third location ........ 500 1,000 2 For a retailer's license ........... 600 750 3 For a special event retailer's 4 license, (not-for-profit) ...... 25 25 5 For a beer showcase permit, 6 one day only ................... 100 150 7 2 days or more ................. 150 250 8 For a special use permit license, 9 one day only ................... 100 150 10 2 days or more ................. 150 250 11 For a railroad license ............. 100 150 12 For a boat license ................. 500 1,000 13 For an airplane license, times the 14 licensee's maximum number of 15 aircraft in flight, serving 16 liquor over the State at any 17 given time, which either 18 originate, terminate, or make 19 an intermediate stop in 20 the State....................... 100 150 21 For a non-beverage user's license: 22 Class 1 ........................ 24 24 23 Class 2 ........................ 60 60 24 Class 3 ........................ 120 120 25 Class 4 ........................ 240 240 26 Class 5 ........................ 600 600

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1 For a broker's license ............. 750 1,000 2 For an auction liquor license ...... 100 150 3 For a homebrewer special 4 event permit.................... 25 25 5 For a craft distiller 6 tasting permit.................. 25 25 7 For a BASSET trainer license........ 300 350 8 For a tasting representative 9 license......................... 200 300 10 For a brewer warehouse permit....... 25 25 11 For a craft distiller 12 warehouse permit................ 25 25
13		Fees collected under this Section shall be paid into the
14		Dram Shop Fund. The State Commission shall waive license
15		renewal fees for those retailers' licenses that are designated
16		as "1A" by the State Commission and expire on or after July 1,
17		2022, and on or before June 30, 2023. One-half of the funds
18		received for a retailer's license shall be paid into the Dram
19		Shop Fund and one-half of the funds received for a retailer's
20		license shall be paid into the General Revenue Fund.
21		No fee shall be paid for licenses issued by the State
22		Commission to the following non-beverage users:
23		(a) Hospitals, sanitariums, or clinics when their use
24		of alcoholic liquor is exclusively medicinal, mechanical,
25		or scientific.
26		(b) Universities, colleges of learning, or schools

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1		when their use of alcoholic liquor is exclusively
2		medicinal, mechanical, or scientific.
3		(c) Laboratories when their use is exclusively for the
4		purpose of scientific research.
5		(Source: P.A. 102-442, eff. 8-20-21; 102-558, eff. 8-20-21;
6		102-699, eff. 4-19-22; 102-1142, eff. 2-17-23; 103-154, eff.
7		6-30-23; revised 9-5-23.)
8		Section 445. The Illinois Public Aid Code is amended by
9		changing Sections 5-4.2, 5-5, 5-5.01a, 5-5.05, 5-5.2, 5-16.8,
10		5A-12.7, 6-9, and 6-12, by setting forth, renumbering, and
11		changing multiple versions of Section 5-47, and by setting
12		forth and renumbering multiple versions of Section 12-4.57 as
13		follows:
14		(305 ILCS 5/5-4.2)
15		Sec. 5-4.2. Ambulance services payments.
16		(a) For ambulance services provided to a recipient of aid
17		under this Article on or after January 1, 1993, the Illinois
18		Department shall reimburse ambulance service providers at
19		rates calculated in accordance with this Section. It is the
20		intent of the General Assembly to provide adequate
21		reimbursement for ambulance services so as to ensure adequate
22		access to services for recipients of aid under this Article
23		and to provide appropriate incentives to ambulance service
24		providers to provide services in an efficient and

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1		cost-effective manner. Thus, it is the intent of the General
2		Assembly that the Illinois Department implement a
3		reimbursement system for ambulance services that, to the
4		extent practicable and subject to the availability of funds
5		appropriated by the General Assembly for this purpose, is
6		consistent with the payment principles of Medicare. To ensure
7		uniformity between the payment principles of Medicare and
8		Medicaid, the Illinois Department shall follow, to the extent
9		necessary and practicable and subject to the availability of
10		funds appropriated by the General Assembly for this purpose,
11		the statutes, laws, regulations, policies, procedures,
12		principles, definitions, guidelines, and manuals used to
13		determine the amounts paid to ambulance service providers
14		under Title XVIII of the Social Security Act (Medicare).
15		(b) For ambulance services provided to a recipient of aid
16		under this Article on or after January 1, 1996, the Illinois
17		Department shall reimburse ambulance service providers based
18		upon the actual distance traveled if a natural disaster,
19		weather conditions, road repairs, or traffic congestion
20		necessitates the use of a route other than the most direct
21		route.
22		(c) For purposes of this Section, "ambulance services"
23		includes medical transportation services provided by means of
24		an ambulance, air ambulance, medi-car, service car, or taxi.
25		(c-1) For purposes of this Section, "ground ambulance
26		service" means medical transportation services that are

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1		described as ground ambulance services by the Centers for
2		Medicare and Medicaid Services and provided in a vehicle that
3		is licensed as an ambulance by the Illinois Department of
4		Public Health pursuant to the Emergency Medical Services (EMS)
5		Systems Act.
6		(c-2) For purposes of this Section, "ground ambulance
7		service provider" means a vehicle service provider as
8		described in the Emergency Medical Services (EMS) Systems Act
9		that operates licensed ambulances for the purpose of providing
10		emergency ambulance services, or non-emergency ambulance
11		services, or both. For purposes of this Section, this includes
12		both ambulance providers and ambulance suppliers as described
13		by the Centers for Medicare and Medicaid Services.
14		(c-3) For purposes of this Section, "medi-car" means
15		transportation services provided to a patient who is confined
16		to a wheelchair and requires the use of a hydraulic or electric
17		lift or ramp and wheelchair lockdown when the patient's
18		condition does not require medical observation, medical
19		supervision, medical equipment, the administration of
20		medications, or the administration of oxygen.
21		(c-4) For purposes of this Section, "service car" means
22		transportation services provided to a patient by a passenger
23		vehicle where that patient does not require the specialized
24		modes described in subsection (c-1) or (c-3).
25		(c-5) For purposes of this Section, "air ambulance
26		service" means medical transport by helicopter or airplane for

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1		patients, as defined in 29 U.S.C. 1185f(c)(1), and any service
2		that is described as an air ambulance service by the federal
3		Centers for Medicare and Medicaid Services.
4		(d) This Section does not prohibit separate billing by
5		ambulance service providers for oxygen furnished while
6		providing advanced life support services.
7		(e) Beginning with services rendered on or after July 1,
8		2008, all providers of non-emergency medi-car and service car
9		transportation must certify that the driver and employee
10		attendant, as applicable, have completed a safety program
11		approved by the Department to protect both the patient and the
12		driver, prior to transporting a patient. The provider must
13		maintain this certification in its records. The provider shall
14		produce such documentation upon demand by the Department or
15		its representative. Failure to produce documentation of such
16		training shall result in recovery of any payments made by the
17		Department for services rendered by a non-certified driver or
18		employee attendant. Medi-car and service car providers must
19		maintain legible documentation in their records of the driver
20		and, as applicable, employee attendant that actually
21		transported the patient. Providers must recertify all drivers
22		and employee attendants every 3 years. If they meet the
23		established training components set forth by the Department,
24		providers of non-emergency medi-car and service car
25		transportation that are either directly or through an
26		affiliated company licensed by the Department of Public Health

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1		shall be approved by the Department to have in-house safety
2		programs for training their own staff.
3		Notwithstanding the requirements above, any public
4		transportation provider of medi-car and service car
5		transportation that receives federal funding under 49 U.S.C.
6		5307 and 5311 need not certify its drivers and employee
7		attendants under this Section, since safety training is
8		already federally mandated.
9		(f) With respect to any policy or program administered by
10		the Department or its agent regarding approval of
11		non-emergency medical transportation by ground ambulance
12		service providers, including, but not limited to, the
13		Non-Emergency Transportation Services Prior Approval Program
14		(NETSPAP), the Department shall establish by rule a process by
15		which ground ambulance service providers of non-emergency
16		medical transportation may appeal any decision by the
17		Department or its agent for which no denial was received prior
18		to the time of transport that either (i) denies a request for
19		approval for payment of non-emergency transportation by means
20		of ground ambulance service or (ii) grants a request for
21		approval of non-emergency transportation by means of ground
22		ambulance service at a level of service that entitles the
23		ground ambulance service provider to a lower level of
24		compensation from the Department than the ground ambulance
25		service provider would have received as compensation for the
26		level of service requested. The rule shall be filed by

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1		December 15, 2012 and shall provide that, for any decision
2		rendered by the Department or its agent on or after the date
3		the rule takes effect, the ground ambulance service provider
4		shall have 60 days from the date the decision is received to
5		file an appeal. The rule established by the Department shall
6		be, insofar as is practical, consistent with the Illinois
7		Administrative Procedure Act. The Director's decision on an
8		appeal under this Section shall be a final administrative
9		decision subject to review under the Administrative Review
10		Law.
11		(f-5) Beginning 90 days after July 20, 2012 (the effective
12		date of Public Act 97-842), (i) no denial of a request for
13		approval for payment of non-emergency transportation by means
14		of ground ambulance service, and (ii) no approval of
15		non-emergency transportation by means of ground ambulance
16		service at a level of service that entitles the ground
17		ambulance service provider to a lower level of compensation
18		from the Department than would have been received at the level
19		of service submitted by the ground ambulance service provider,
20		may be issued by the Department or its agent unless the
21		Department has submitted the criteria for determining the
22		appropriateness of the transport for first notice publication
23		in the Illinois Register pursuant to Section 5-40 of the
24		Illinois Administrative Procedure Act.
25		(f-6) Within 90 days after June 2, 2022 (the effective
26		date of Public Act 102-1037) this amendatory Act of the 102nd

HB4844 Engrossed - 1341 - LRB103 39009 AMC 69146 b
1		General Assembly and subject to federal approval, the
2		Department shall file rules to allow for the approval of
3		ground ambulance services when the sole purpose of the
4		transport is for the navigation of stairs or the assisting or
5		lifting of a patient at a medical facility or during a medical
6		appointment in instances where the Department or a contracted
7		Medicaid managed care organization or their transportation
8		broker is unable to secure transportation through any other
9		transportation provider.
10		(f-7) For non-emergency ground ambulance claims properly
11		denied under Department policy at the time the claim is filed
12		due to failure to submit a valid Medical Certification for
13		Non-Emergency Ambulance on and after December 15, 2012 and
14		prior to January 1, 2021, the Department shall allot
15		$2,000,000 to a pool to reimburse such claims if the provider
16		proves medical necessity for the service by other means.
17		Providers must submit any such denied claims for which they
18		seek compensation to the Department no later than December 31,
19		2021 along with documentation of medical necessity. No later
20		than May 31, 2022, the Department shall determine for which
21		claims medical necessity was established. Such claims for
22		which medical necessity was established shall be paid at the
23		rate in effect at the time of the service, provided the
24		$2,000,000 is sufficient to pay at those rates. If the pool is
25		not sufficient, claims shall be paid at a uniform percentage
26		of the applicable rate such that the pool of $2,000,000 is

HB4844 Engrossed - 1342 - LRB103 39009 AMC 69146 b
1		exhausted. The appeal process described in subsection (f)
2		shall not be applicable to the Department's determinations
3		made in accordance with this subsection.
4		(g) Whenever a patient covered by a medical assistance
5		program under this Code or by another medical program
6		administered by the Department, including a patient covered
7		under the State's Medicaid managed care program, is being
8		transported from a facility and requires non-emergency
9		transportation including ground ambulance, medi-car, or
10		service car transportation, a Physician Certification
11		Statement as described in this Section shall be required for
12		each patient. Facilities shall develop procedures for a
13		licensed medical professional to provide a written and signed
14		Physician Certification Statement. The Physician Certification
15		Statement shall specify the level of transportation services
16		needed and complete a medical certification establishing the
17		criteria for approval of non-emergency ambulance
18		transportation, as published by the Department of Healthcare
19		and Family Services, that is met by the patient. This
20		certification shall be completed prior to ordering the
21		transportation service and prior to patient discharge. The
22		Physician Certification Statement is not required prior to
23		transport if a delay in transport can be expected to
24		negatively affect the patient outcome. If the ground ambulance
25		provider, medi-car provider, or service car provider is unable
26		to obtain the required Physician Certification Statement

HB4844 Engrossed - 1343 - LRB103 39009 AMC 69146 b
1		within 10 calendar days following the date of the service, the
2		ground ambulance provider, medi-car provider, or service car
3		provider must document its attempt to obtain the requested
4		certification and may then submit the claim for payment.
5		Acceptable documentation includes a signed return receipt from
6		the U.S. Postal Service, facsimile receipt, email receipt, or
7		other similar service that evidences that the ground ambulance
8		provider, medi-car provider, or service car provider attempted
9		to obtain the required Physician Certification Statement.
10		The medical certification specifying the level and type of
11		non-emergency transportation needed shall be in the form of
12		the Physician Certification Statement on a standardized form
13		prescribed by the Department of Healthcare and Family
14		Services. Within 75 days after July 27, 2018 (the effective
15		date of Public Act 100-646), the Department of Healthcare and
16		Family Services shall develop a standardized form of the
17		Physician Certification Statement specifying the level and
18		type of transportation services needed in consultation with
19		the Department of Public Health, Medicaid managed care
20		organizations, a statewide association representing ambulance
21		providers, a statewide association representing hospitals, 3
22		statewide associations representing nursing homes, and other
23		stakeholders. The Physician Certification Statement shall
24		include, but is not limited to, the criteria necessary to
25		demonstrate medical necessity for the level of transport
26		needed as required by (i) the Department of Healthcare and

HB4844 Engrossed - 1344 - LRB103 39009 AMC 69146 b
1		Family Services and (ii) the federal Centers for Medicare and
2		Medicaid Services as outlined in the Centers for Medicare and
3		Medicaid Services' Medicare Benefit Policy Manual, Pub.
4		100-02, Chap. 10, Sec. 10.2.1, et seq. The use of the Physician
5		Certification Statement shall satisfy the obligations of
6		hospitals under Section 6.22 of the Hospital Licensing Act and
7		nursing homes under Section 2-217 of the Nursing Home Care
8		Act. Implementation and acceptance of the Physician
9		Certification Statement shall take place no later than 90 days
10		after the issuance of the Physician Certification Statement by
11		the Department of Healthcare and Family Services.
12		Pursuant to subsection (E) of Section 12-4.25 of this
13		Code, the Department is entitled to recover overpayments paid
14		to a provider or vendor, including, but not limited to, from
15		the discharging physician, the discharging facility, and the
16		ground ambulance service provider, in instances where a
17		non-emergency ground ambulance service is rendered as the
18		result of improper or false certification.
19		Beginning October 1, 2018, the Department of Healthcare
20		and Family Services shall collect data from Medicaid managed
21		care organizations and transportation brokers, including the
22		Department's NETSPAP broker, regarding denials and appeals
23		related to the missing or incomplete Physician Certification
24		Statement forms and overall compliance with this subsection.
25		The Department of Healthcare and Family Services shall publish
26		quarterly results on its website within 15 days following the

HB4844 Engrossed - 1345 - LRB103 39009 AMC 69146 b
1		end of each quarter.
2		(h) On and after July 1, 2012, the Department shall reduce
3		any rate of reimbursement for services or other payments or
4		alter any methodologies authorized by this Code to reduce any
5		rate of reimbursement for services or other payments in
6		accordance with Section 5-5e.
7		(i) Subject to federal approval, on and after January 1,
8		2024 through June 30, 2026, the Department shall increase the
9		base rate of reimbursement for both base charges and mileage
10		charges for ground ambulance service providers not
11		participating in the Ground Emergency Medical Transportation
12		(GEMT) Program for medical transportation services provided by
13		means of a ground ambulance to a level not lower than 140% of
14		the base rate in effect as of January 1, 2023.
15		(j) For the purpose of understanding ground ambulance
16		transportation services cost structures and their impact on
17		the Medical Assistance Program, the Department shall engage
18		stakeholders, including, but not limited to, a statewide
19		association representing private ground ambulance service
20		providers in Illinois, to develop recommendations for a plan
21		for the regular collection of cost data for all ground
22		ambulance transportation providers reimbursed under the
23		Illinois Title XIX State Plan. Cost data obtained through this
24		process shall be used to inform on and to ensure the
25		effectiveness and efficiency of Illinois Medicaid rates. The
26		Department shall establish a process to limit public

HB4844 Engrossed - 1346 - LRB103 39009 AMC 69146 b
1		availability of portions of the cost report data determined to
2		be proprietary. This process shall be concluded and
3		recommendations shall be provided no later than April 1, 2024.
4		(k) (j) Subject to federal approval, beginning on January
5		1, 2024, the Department shall increase the base rate of
6		reimbursement for both base charges and mileage charges for
7		medical transportation services provided by means of an air
8		ambulance to a level not lower than 50% of the Medicare
9		ambulance fee schedule rates, by designated Medicare locality,
10		in effect on January 1, 2023.
11		(Source: P.A. 102-364, eff. 1-1-22; 102-650, eff. 8-27-21;
12		102-813, eff. 5-13-22; 102-1037, eff. 6-2-22; 103-102, Article
13		70, Section 70-5, eff. 1-1-24; 103-102, Article 80, Section
14		80-5, eff. 1-1-24; revised 12-15-23.)
15		(305 ILCS 5/5-5)
16		Sec. 5-5. Medical services. The Illinois Department, by
17		rule, shall determine the quantity and quality of and the rate
18		of reimbursement for the medical assistance for which payment
19		will be authorized, and the medical services to be provided,
20		which may include all or part of the following: (1) inpatient
21		hospital services; (2) outpatient hospital services; (3) other
22		laboratory and X-ray services; (4) skilled nursing home
23		services; (5) physicians' services whether furnished in the
24		office, the patient's home, a hospital, a skilled nursing
25		home, or elsewhere; (6) medical care, or any other type of

HB4844 Engrossed - 1347 - LRB103 39009 AMC 69146 b
1		remedial care furnished by licensed practitioners; (7) home
2		health care services; (8) private duty nursing service; (9)
3		clinic services; (10) dental services, including prevention
4		and treatment of periodontal disease and dental caries disease
5		for pregnant individuals, provided by an individual licensed
6		to practice dentistry or dental surgery; for purposes of this
7		item (10), "dental services" means diagnostic, preventive, or
8		corrective procedures provided by or under the supervision of
9		a dentist in the practice of his or her profession; (11)
10		physical therapy and related services; (12) prescribed drugs,
11		dentures, and prosthetic devices; and eyeglasses prescribed by
12		a physician skilled in the diseases of the eye, or by an
13		optometrist, whichever the person may select; (13) other
14		diagnostic, screening, preventive, and rehabilitative
15		services, including to ensure that the individual's need for
16		intervention or treatment of mental disorders or substance use
17		disorders or co-occurring mental health and substance use
18		disorders is determined using a uniform screening, assessment,
19		and evaluation process inclusive of criteria, for children and
20		adults; for purposes of this item (13), a uniform screening,
21		assessment, and evaluation process refers to a process that
22		includes an appropriate evaluation and, as warranted, a
23		referral; "uniform" does not mean the use of a singular
24		instrument, tool, or process that all must utilize; (14)
25		transportation and such other expenses as may be necessary;
26		(15) medical treatment of sexual assault survivors, as defined

HB4844 Engrossed - 1348 - LRB103 39009 AMC 69146 b
1		in Section 1a of the Sexual Assault Survivors Emergency
2		Treatment Act, for injuries sustained as a result of the
3		sexual assault, including examinations and laboratory tests to
4		discover evidence which may be used in criminal proceedings
5		arising from the sexual assault; (16) the diagnosis and
6		treatment of sickle cell anemia; (16.5) services performed by
7		a chiropractic physician licensed under the Medical Practice
8		Act of 1987 and acting within the scope of his or her license,
9		including, but not limited to, chiropractic manipulative
10		treatment; and (17) any other medical care, and any other type
11		of remedial care recognized under the laws of this State. The
12		term "any other type of remedial care" shall include nursing
13		care and nursing home service for persons who rely on
14		treatment by spiritual means alone through prayer for healing.
15		Notwithstanding any other provision of this Section, a
16		comprehensive tobacco use cessation program that includes
17		purchasing prescription drugs or prescription medical devices
18		approved by the Food and Drug Administration shall be covered
19		under the medical assistance program under this Article for
20		persons who are otherwise eligible for assistance under this
21		Article.
22		Notwithstanding any other provision of this Code,
23		reproductive health care that is otherwise legal in Illinois
24		shall be covered under the medical assistance program for
25		persons who are otherwise eligible for medical assistance
26		under this Article.

HB4844 Engrossed - 1349 - LRB103 39009 AMC 69146 b
1		Notwithstanding any other provision of this Section, all
2		tobacco cessation medications approved by the United States
3		Food and Drug Administration and all individual and group
4		tobacco cessation counseling services and telephone-based
5		counseling services and tobacco cessation medications provided
6		through the Illinois Tobacco Quitline shall be covered under
7		the medical assistance program for persons who are otherwise
8		eligible for assistance under this Article. The Department
9		shall comply with all federal requirements necessary to obtain
10		federal financial participation, as specified in 42 CFR
11		433.15(b)(7), for telephone-based counseling services provided
12		through the Illinois Tobacco Quitline, including, but not
13		limited to: (i) entering into a memorandum of understanding or
14		interagency agreement with the Department of Public Health, as
15		administrator of the Illinois Tobacco Quitline; and (ii)
16		developing a cost allocation plan for Medicaid-allowable
17		Illinois Tobacco Quitline services in accordance with 45 CFR
18		95.507. The Department shall submit the memorandum of
19		understanding or interagency agreement, the cost allocation
20		plan, and all other necessary documentation to the Centers for
21		Medicare and Medicaid Services for review and approval.
22		Coverage under this paragraph shall be contingent upon federal
23		approval.
24		Notwithstanding any other provision of this Code, the
25		Illinois Department may not require, as a condition of payment
26		for any laboratory test authorized under this Article, that a

HB4844 Engrossed - 1350 - LRB103 39009 AMC 69146 b
1		physician's handwritten signature appear on the laboratory
2		test order form. The Illinois Department may, however, impose
3		other appropriate requirements regarding laboratory test order
4		documentation.
5		Upon receipt of federal approval of an amendment to the
6		Illinois Title XIX State Plan for this purpose, the Department
7		shall authorize the Chicago Public Schools (CPS) to procure a
8		vendor or vendors to manufacture eyeglasses for individuals
9		enrolled in a school within the CPS system. CPS shall ensure
10		that its vendor or vendors are enrolled as providers in the
11		medical assistance program and in any capitated Medicaid
12		managed care entity (MCE) serving individuals enrolled in a
13		school within the CPS system. Under any contract procured
14		under this provision, the vendor or vendors must serve only
15		individuals enrolled in a school within the CPS system. Claims
16		for services provided by CPS's vendor or vendors to recipients
17		of benefits in the medical assistance program under this Code,
18		the Children's Health Insurance Program, or the Covering ALL
19		KIDS Health Insurance Program shall be submitted to the
20		Department or the MCE in which the individual is enrolled for
21		payment and shall be reimbursed at the Department's or the
22		MCE's established rates or rate methodologies for eyeglasses.
23		On and after July 1, 2012, the Department of Healthcare
24		and Family Services may provide the following services to
25		persons eligible for assistance under this Article who are
26		participating in education, training or employment programs

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1		operated by the Department of Human Services as successor to
2		the Department of Public Aid:
3		(1) dental services provided by or under the
4		supervision of a dentist; and
5		(2) eyeglasses prescribed by a physician skilled in
6		the diseases of the eye, or by an optometrist, whichever
7		the person may select.
8		On and after July 1, 2018, the Department of Healthcare
9		and Family Services shall provide dental services to any adult
10		who is otherwise eligible for assistance under the medical
11		assistance program. As used in this paragraph, "dental
12		services" means diagnostic, preventative, restorative, or
13		corrective procedures, including procedures and services for
14		the prevention and treatment of periodontal disease and dental
15		caries disease, provided by an individual who is licensed to
16		practice dentistry or dental surgery or who is under the
17		supervision of a dentist in the practice of his or her
18		profession.
19		On and after July 1, 2018, targeted dental services, as
20		set forth in Exhibit D of the Consent Decree entered by the
21		United States District Court for the Northern District of
22		Illinois, Eastern Division, in the matter of Memisovski v.
23		Maram, Case No. 92 C 1982, that are provided to adults under
24		the medical assistance program shall be established at no less
25		than the rates set forth in the "New Rate" column in Exhibit D
26		of the Consent Decree for targeted dental services that are

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1		provided to persons under the age of 18 under the medical
2		assistance program.
3		Notwithstanding any other provision of this Code and
4		subject to federal approval, the Department may adopt rules to
5		allow a dentist who is volunteering his or her service at no
6		cost to render dental services through an enrolled
7		not-for-profit health clinic without the dentist personally
8		enrolling as a participating provider in the medical
9		assistance program. A not-for-profit health clinic shall
10		include a public health clinic or Federally Qualified Health
11		Center or other enrolled provider, as determined by the
12		Department, through which dental services covered under this
13		Section are performed. The Department shall establish a
14		process for payment of claims for reimbursement for covered
15		dental services rendered under this provision.
16		On and after January 1, 2022, the Department of Healthcare
17		and Family Services shall administer and regulate a
18		school-based dental program that allows for the out-of-office
19		delivery of preventative dental services in a school setting
20		to children under 19 years of age. The Department shall
21		establish, by rule, guidelines for participation by providers
22		and set requirements for follow-up referral care based on the
23		requirements established in the Dental Office Reference Manual
24		published by the Department that establishes the requirements
25		for dentists participating in the All Kids Dental School
26		Program. Every effort shall be made by the Department when

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1		developing the program requirements to consider the different
2		geographic differences of both urban and rural areas of the
3		State for initial treatment and necessary follow-up care. No
4		provider shall be charged a fee by any unit of local government
5		to participate in the school-based dental program administered
6		by the Department. Nothing in this paragraph shall be
7		construed to limit or preempt a home rule unit's or school
8		district's authority to establish, change, or administer a
9		school-based dental program in addition to, or independent of,
10		the school-based dental program administered by the
11		Department.
12		The Illinois Department, by rule, may distinguish and
13		classify the medical services to be provided only in
14		accordance with the classes of persons designated in Section
15		5-2.
16		The Department of Healthcare and Family Services must
17		provide coverage and reimbursement for amino acid-based
18		elemental formulas, regardless of delivery method, for the
19		diagnosis and treatment of (i) eosinophilic disorders and (ii)
20		short bowel syndrome when the prescribing physician has issued
21		a written order stating that the amino acid-based elemental
22		formula is medically necessary.
23		The Illinois Department shall authorize the provision of,
24		and shall authorize payment for, screening by low-dose
25		mammography for the presence of occult breast cancer for
26		individuals 35 years of age or older who are eligible for

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1		medical assistance under this Article, as follows:
2		(A) A baseline mammogram for individuals 35 to 39
3		years of age.
4		(B) An annual mammogram for individuals 40 years of
5		age or older.
6		(C) A mammogram at the age and intervals considered
7		medically necessary by the individual's health care
8		provider for individuals under 40 years of age and having
9		a family history of breast cancer, prior personal history
10		of breast cancer, positive genetic testing, or other risk
11		factors.
12		(D) A comprehensive ultrasound screening and MRI of an
13		entire breast or breasts if a mammogram demonstrates
14		heterogeneous or dense breast tissue or when medically
15		necessary as determined by a physician licensed to
16		practice medicine in all of its branches.
17		(E) A screening MRI when medically necessary, as
18		determined by a physician licensed to practice medicine in
19		all of its branches.
20		(F) A diagnostic mammogram when medically necessary,
21		as determined by a physician licensed to practice medicine
22		in all its branches, advanced practice registered nurse,
23		or physician assistant.
24		The Department shall not impose a deductible, coinsurance,
25		copayment, or any other cost-sharing requirement on the
26		coverage provided under this paragraph; except that this

HB4844 Engrossed - 1355 - LRB103 39009 AMC 69146 b
1		sentence does not apply to coverage of diagnostic mammograms
2		to the extent such coverage would disqualify a high-deductible
3		health plan from eligibility for a health savings account
4		pursuant to Section 223 of the Internal Revenue Code (26
5		U.S.C. 223).
6		All screenings shall include a physical breast exam,
7		instruction on self-examination and information regarding the
8		frequency of self-examination and its value as a preventative
9		tool.
10		For purposes of this Section:
11		"Diagnostic mammogram" means a mammogram obtained using
12		diagnostic mammography.
13		"Diagnostic mammography" means a method of screening that
14		is designed to evaluate an abnormality in a breast, including
15		an abnormality seen or suspected on a screening mammogram or a
16		subjective or objective abnormality otherwise detected in the
17		breast.
18		"Low-dose mammography" means the x-ray examination of the
19		breast using equipment dedicated specifically for mammography,
20		including the x-ray tube, filter, compression device, and
21		image receptor, with an average radiation exposure delivery of
22		less than one rad per breast for 2 views of an average size
23		breast. The term also includes digital mammography and
24		includes breast tomosynthesis.
25		"Breast tomosynthesis" means a radiologic procedure that
26		involves the acquisition of projection images over the

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1		stationary breast to produce cross-sectional digital
2		three-dimensional images of the breast.
3		If, at any time, the Secretary of the United States
4		Department of Health and Human Services, or its successor
5		agency, promulgates rules or regulations to be published in
6		the Federal Register or publishes a comment in the Federal
7		Register or issues an opinion, guidance, or other action that
8		would require the State, pursuant to any provision of the
9		Patient Protection and Affordable Care Act (Public Law
10		111-148), including, but not limited to, 42 U.S.C.
11		18031(d)(3)(B) or any successor provision, to defray the cost
12		of any coverage for breast tomosynthesis outlined in this
13		paragraph, then the requirement that an insurer cover breast
14		tomosynthesis is inoperative other than any such coverage
15		authorized under Section 1902 of the Social Security Act, 42
16		U.S.C. 1396a, and the State shall not assume any obligation
17		for the cost of coverage for breast tomosynthesis set forth in
18		this paragraph.
19		On and after January 1, 2016, the Department shall ensure
20		that all networks of care for adult clients of the Department
21		include access to at least one breast imaging Center of
22		Imaging Excellence as certified by the American College of
23		Radiology.
24		On and after January 1, 2012, providers participating in a
25		quality improvement program approved by the Department shall
26		be reimbursed for screening and diagnostic mammography at the

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1		same rate as the Medicare program's rates, including the
2		increased reimbursement for digital mammography and, after
3		January 1, 2023 (the effective date of Public Act 102-1018),
4		breast tomosynthesis.
5		The Department shall convene an expert panel including
6		representatives of hospitals, free-standing mammography
7		facilities, and doctors, including radiologists, to establish
8		quality standards for mammography.
9		On and after January 1, 2017, providers participating in a
10		breast cancer treatment quality improvement program approved
11		by the Department shall be reimbursed for breast cancer
12		treatment at a rate that is no lower than 95% of the Medicare
13		program's rates for the data elements included in the breast
14		cancer treatment quality program.
15		The Department shall convene an expert panel, including
16		representatives of hospitals, free-standing breast cancer
17		treatment centers, breast cancer quality organizations, and
18		doctors, including breast surgeons, reconstructive breast
19		surgeons, oncologists, and primary care providers to establish
20		quality standards for breast cancer treatment.
21		Subject to federal approval, the Department shall
22		establish a rate methodology for mammography at federally
23		qualified health centers and other encounter-rate clinics.
24		These clinics or centers may also collaborate with other
25		hospital-based mammography facilities. By January 1, 2016, the
26		Department shall report to the General Assembly on the status

HB4844 Engrossed - 1358 - LRB103 39009 AMC 69146 b
1		of the provision set forth in this paragraph.
2		The Department shall establish a methodology to remind
3		individuals who are age-appropriate for screening mammography,
4		but who have not received a mammogram within the previous 18
5		months, of the importance and benefit of screening
6		mammography. The Department shall work with experts in breast
7		cancer outreach and patient navigation to optimize these
8		reminders and shall establish a methodology for evaluating
9		their effectiveness and modifying the methodology based on the
10		evaluation.
11		The Department shall establish a performance goal for
12		primary care providers with respect to their female patients
13		over age 40 receiving an annual mammogram. This performance
14		goal shall be used to provide additional reimbursement in the
15		form of a quality performance bonus to primary care providers
16		who meet that goal.
17		The Department shall devise a means of case-managing or
18		patient navigation for beneficiaries diagnosed with breast
19		cancer. This program shall initially operate as a pilot
20		program in areas of the State with the highest incidence of
21		mortality related to breast cancer. At least one pilot program
22		site shall be in the metropolitan Chicago area and at least one
23		site shall be outside the metropolitan Chicago area. On or
24		after July 1, 2016, the pilot program shall be expanded to
25		include one site in western Illinois, one site in southern
26		Illinois, one site in central Illinois, and 4 sites within

HB4844 Engrossed - 1359 - LRB103 39009 AMC 69146 b
1		metropolitan Chicago. An evaluation of the pilot program shall
2		be carried out measuring health outcomes and cost of care for
3		those served by the pilot program compared to similarly
4		situated patients who are not served by the pilot program.
5		The Department shall require all networks of care to
6		develop a means either internally or by contract with experts
7		in navigation and community outreach to navigate cancer
8		patients to comprehensive care in a timely fashion. The
9		Department shall require all networks of care to include
10		access for patients diagnosed with cancer to at least one
11		academic commission on cancer-accredited cancer program as an
12		in-network covered benefit.
13		The Department shall provide coverage and reimbursement
14		for a human papillomavirus (HPV) vaccine that is approved for
15		marketing by the federal Food and Drug Administration for all
16		persons between the ages of 9 and 45. Subject to federal
17		approval, the Department shall provide coverage and
18		reimbursement for a human papillomavirus (HPV) vaccine for
19		persons of the age of 46 and above who have been diagnosed with
20		cervical dysplasia with a high risk of recurrence or
21		progression. The Department shall disallow any
22		preauthorization requirements for the administration of the
23		human papillomavirus (HPV) vaccine.
24		On or after July 1, 2022, individuals who are otherwise
25		eligible for medical assistance under this Article shall
26		receive coverage for perinatal depression screenings for the

HB4844 Engrossed - 1360 - LRB103 39009 AMC 69146 b
1		12-month period beginning on the last day of their pregnancy.
2		Medical assistance coverage under this paragraph shall be
3		conditioned on the use of a screening instrument approved by
4		the Department.
5		Any medical or health care provider shall immediately
6		recommend, to any pregnant individual who is being provided
7		prenatal services and is suspected of having a substance use
8		disorder as defined in the Substance Use Disorder Act,
9		referral to a local substance use disorder treatment program
10		licensed by the Department of Human Services or to a licensed
11		hospital which provides substance abuse treatment services.
12		The Department of Healthcare and Family Services shall assure
13		coverage for the cost of treatment of the drug abuse or
14		addiction for pregnant recipients in accordance with the
15		Illinois Medicaid Program in conjunction with the Department
16		of Human Services.
17		All medical providers providing medical assistance to
18		pregnant individuals under this Code shall receive information
19		from the Department on the availability of services under any
20		program providing case management services for addicted
21		individuals, including information on appropriate referrals
22		for other social services that may be needed by addicted
23		individuals in addition to treatment for addiction.
24		The Illinois Department, in cooperation with the
25		Departments of Human Services (as successor to the Department
26		of Alcoholism and Substance Abuse) and Public Health, through

HB4844 Engrossed - 1361 - LRB103 39009 AMC 69146 b
1		a public awareness campaign, may provide information
2		concerning treatment for alcoholism and drug abuse and
3		addiction, prenatal health care, and other pertinent programs
4		directed at reducing the number of drug-affected infants born
5		to recipients of medical assistance.
6		Neither the Department of Healthcare and Family Services
7		nor the Department of Human Services shall sanction the
8		recipient solely on the basis of the recipient's substance
9		abuse.
10		The Illinois Department shall establish such regulations
11		governing the dispensing of health services under this Article
12		as it shall deem appropriate. The Department should seek the
13		advice of formal professional advisory committees appointed by
14		the Director of the Illinois Department for the purpose of
15		providing regular advice on policy and administrative matters,
16		information dissemination and educational activities for
17		medical and health care providers, and consistency in
18		procedures to the Illinois Department.
19		The Illinois Department may develop and contract with
20		Partnerships of medical providers to arrange medical services
21		for persons eligible under Section 5-2 of this Code.
22		Implementation of this Section may be by demonstration
23		projects in certain geographic areas. The Partnership shall be
24		represented by a sponsor organization. The Department, by
25		rule, shall develop qualifications for sponsors of
26		Partnerships. Nothing in this Section shall be construed to

HB4844 Engrossed - 1362 - LRB103 39009 AMC 69146 b
1		require that the sponsor organization be a medical
2		organization.
3		The sponsor must negotiate formal written contracts with
4		medical providers for physician services, inpatient and
5		outpatient hospital care, home health services, treatment for
6		alcoholism and substance abuse, and other services determined
7		necessary by the Illinois Department by rule for delivery by
8		Partnerships. Physician services must include prenatal and
9		obstetrical care. The Illinois Department shall reimburse
10		medical services delivered by Partnership providers to clients
11		in target areas according to provisions of this Article and
12		the Illinois Health Finance Reform Act, except that:
13		(1) Physicians participating in a Partnership and
14		providing certain services, which shall be determined by
15		the Illinois Department, to persons in areas covered by
16		the Partnership may receive an additional surcharge for
17		such services.
18		(2) The Department may elect to consider and negotiate
19		financial incentives to encourage the development of
20		Partnerships and the efficient delivery of medical care.
21		(3) Persons receiving medical services through
22		Partnerships may receive medical and case management
23		services above the level usually offered through the
24		medical assistance program.
25		Medical providers shall be required to meet certain
26		qualifications to participate in Partnerships to ensure the

HB4844 Engrossed - 1363 - LRB103 39009 AMC 69146 b
1		delivery of high quality medical services. These
2		qualifications shall be determined by rule of the Illinois
3		Department and may be higher than qualifications for
4		participation in the medical assistance program. Partnership
5		sponsors may prescribe reasonable additional qualifications
6		for participation by medical providers, only with the prior
7		written approval of the Illinois Department.
8		Nothing in this Section shall limit the free choice of
9		practitioners, hospitals, and other providers of medical
10		services by clients. In order to ensure patient freedom of
11		choice, the Illinois Department shall immediately promulgate
12		all rules and take all other necessary actions so that
13		provided services may be accessed from therapeutically
14		certified optometrists to the full extent of the Illinois
15		Optometric Practice Act of 1987 without discriminating between
16		service providers.
17		The Department shall apply for a waiver from the United
18		States Health Care Financing Administration to allow for the
19		implementation of Partnerships under this Section.
20		The Illinois Department shall require health care
21		providers to maintain records that document the medical care
22		and services provided to recipients of Medical Assistance
23		under this Article. Such records must be retained for a period
24		of not less than 6 years from the date of service or as
25		provided by applicable State law, whichever period is longer,
26		except that if an audit is initiated within the required

HB4844 Engrossed - 1364 - LRB103 39009 AMC 69146 b
1		retention period then the records must be retained until the
2		audit is completed and every exception is resolved. The
3		Illinois Department shall require health care providers to
4		make available, when authorized by the patient, in writing,
5		the medical records in a timely fashion to other health care
6		providers who are treating or serving persons eligible for
7		Medical Assistance under this Article. All dispensers of
8		medical services shall be required to maintain and retain
9		business and professional records sufficient to fully and
10		accurately document the nature, scope, details and receipt of
11		the health care provided to persons eligible for medical
12		assistance under this Code, in accordance with regulations
13		promulgated by the Illinois Department. The rules and
14		regulations shall require that proof of the receipt of
15		prescription drugs, dentures, prosthetic devices and
16		eyeglasses by eligible persons under this Section accompany
17		each claim for reimbursement submitted by the dispenser of
18		such medical services. No such claims for reimbursement shall
19		be approved for payment by the Illinois Department without
20		such proof of receipt, unless the Illinois Department shall
21		have put into effect and shall be operating a system of
22		post-payment audit and review which shall, on a sampling
23		basis, be deemed adequate by the Illinois Department to assure
24		that such drugs, dentures, prosthetic devices and eyeglasses
25		for which payment is being made are actually being received by
26		eligible recipients. Within 90 days after September 16, 1984

HB4844 Engrossed - 1365 - LRB103 39009 AMC 69146 b
1		(the effective date of Public Act 83-1439), the Illinois
2		Department shall establish a current list of acquisition costs
3		for all prosthetic devices and any other items recognized as
4		medical equipment and supplies reimbursable under this Article
5		and shall update such list on a quarterly basis, except that
6		the acquisition costs of all prescription drugs shall be
7		updated no less frequently than every 30 days as required by
8		Section 5-5.12.
9		Notwithstanding any other law to the contrary, the
10		Illinois Department shall, within 365 days after July 22, 2013
11		(the effective date of Public Act 98-104), establish
12		procedures to permit skilled care facilities licensed under
13		the Nursing Home Care Act to submit monthly billing claims for
14		reimbursement purposes. Following development of these
15		procedures, the Department shall, by July 1, 2016, test the
16		viability of the new system and implement any necessary
17		operational or structural changes to its information
18		technology platforms in order to allow for the direct
19		acceptance and payment of nursing home claims.
20		Notwithstanding any other law to the contrary, the
21		Illinois Department shall, within 365 days after August 15,
22		2014 (the effective date of Public Act 98-963), establish
23		procedures to permit ID/DD facilities licensed under the ID/DD
24		Community Care Act and MC/DD facilities licensed under the
25		MC/DD Act to submit monthly billing claims for reimbursement
26		purposes. Following development of these procedures, the

HB4844 Engrossed - 1366 - LRB103 39009 AMC 69146 b
1		Department shall have an additional 365 days to test the
2		viability of the new system and to ensure that any necessary
3		operational or structural changes to its information
4		technology platforms are implemented.
5		The Illinois Department shall require all dispensers of
6		medical services, other than an individual practitioner or
7		group of practitioners, desiring to participate in the Medical
8		Assistance program established under this Article to disclose
9		all financial, beneficial, ownership, equity, surety or other
10		interests in any and all firms, corporations, partnerships,
11		associations, business enterprises, joint ventures, agencies,
12		institutions or other legal entities providing any form of
13		health care services in this State under this Article.
14		The Illinois Department may require that all dispensers of
15		medical services desiring to participate in the medical
16		assistance program established under this Article disclose,
17		under such terms and conditions as the Illinois Department may
18		by rule establish, all inquiries from clients and attorneys
19		regarding medical bills paid by the Illinois Department, which
20		inquiries could indicate potential existence of claims or
21		liens for the Illinois Department.
22		Enrollment of a vendor shall be subject to a provisional
23		period and shall be conditional for one year. During the
24		period of conditional enrollment, the Department may terminate
25		the vendor's eligibility to participate in, or may disenroll
26		the vendor from, the medical assistance program without cause.

HB4844 Engrossed - 1367 - LRB103 39009 AMC 69146 b
1		Unless otherwise specified, such termination of eligibility or
2		disenrollment is not subject to the Department's hearing
3		process. However, a disenrolled vendor may reapply without
4		penalty.
5		The Department has the discretion to limit the conditional
6		enrollment period for vendors based upon the category of risk
7		of the vendor.
8		Prior to enrollment and during the conditional enrollment
9		period in the medical assistance program, all vendors shall be
10		subject to enhanced oversight, screening, and review based on
11		the risk of fraud, waste, and abuse that is posed by the
12		category of risk of the vendor. The Illinois Department shall
13		establish the procedures for oversight, screening, and review,
14		which may include, but need not be limited to: criminal and
15		financial background checks; fingerprinting; license,
16		certification, and authorization verifications; unscheduled or
17		unannounced site visits; database checks; prepayment audit
18		reviews; audits; payment caps; payment suspensions; and other
19		screening as required by federal or State law.
20		The Department shall define or specify the following: (i)
21		by provider notice, the "category of risk of the vendor" for
22		each type of vendor, which shall take into account the level of
23		screening applicable to a particular category of vendor under
24		federal law and regulations; (ii) by rule or provider notice,
25		the maximum length of the conditional enrollment period for
26		each category of risk of the vendor; and (iii) by rule, the

HB4844 Engrossed - 1368 - LRB103 39009 AMC 69146 b
1		hearing rights, if any, afforded to a vendor in each category
2		of risk of the vendor that is terminated or disenrolled during
3		the conditional enrollment period.
4		To be eligible for payment consideration, a vendor's
5		payment claim or bill, either as an initial claim or as a
6		resubmitted claim following prior rejection, must be received
7		by the Illinois Department, or its fiscal intermediary, no
8		later than 180 days after the latest date on the claim on which
9		medical goods or services were provided, with the following
10		exceptions:
11		(1) In the case of a provider whose enrollment is in
12		process by the Illinois Department, the 180-day period
13		shall not begin until the date on the written notice from
14		the Illinois Department that the provider enrollment is
15		complete.
16		(2) In the case of errors attributable to the Illinois
17		Department or any of its claims processing intermediaries
18		which result in an inability to receive, process, or
19		adjudicate a claim, the 180-day period shall not begin
20		until the provider has been notified of the error.
21		(3) In the case of a provider for whom the Illinois
22		Department initiates the monthly billing process.
23		(4) In the case of a provider operated by a unit of
24		local government with a population exceeding 3,000,000
25		when local government funds finance federal participation
26		for claims payments.

HB4844 Engrossed - 1369 - LRB103 39009 AMC 69146 b
1		For claims for services rendered during a period for which
2		a recipient received retroactive eligibility, claims must be
3		filed within 180 days after the Department determines the
4		applicant is eligible. For claims for which the Illinois
5		Department is not the primary payer, claims must be submitted
6		to the Illinois Department within 180 days after the final
7		adjudication by the primary payer.
8		In the case of long term care facilities, within 120
9		calendar days of receipt by the facility of required
10		prescreening information, new admissions with associated
11		admission documents shall be submitted through the Medical
12		Electronic Data Interchange (MEDI) or the Recipient
13		Eligibility Verification (REV) System or shall be submitted
14		directly to the Department of Human Services using required
15		admission forms. Effective September 1, 2014, admission
16		documents, including all prescreening information, must be
17		submitted through MEDI or REV. Confirmation numbers assigned
18		to an accepted transaction shall be retained by a facility to
19		verify timely submittal. Once an admission transaction has
20		been completed, all resubmitted claims following prior
21		rejection are subject to receipt no later than 180 days after
22		the admission transaction has been completed.
23		Claims that are not submitted and received in compliance
24		with the foregoing requirements shall not be eligible for
25		payment under the medical assistance program, and the State
26		shall have no liability for payment of those claims.

HB4844 Engrossed - 1370 - LRB103 39009 AMC 69146 b
1		To the extent consistent with applicable information and
2		privacy, security, and disclosure laws, State and federal
3		agencies and departments shall provide the Illinois Department
4		access to confidential and other information and data
5		necessary to perform eligibility and payment verifications and
6		other Illinois Department functions. This includes, but is not
7		limited to: information pertaining to licensure;
8		certification; earnings; immigration status; citizenship; wage
9		reporting; unearned and earned income; pension income;
10		employment; supplemental security income; social security
11		numbers; National Provider Identifier (NPI) numbers; the
12		National Practitioner Data Bank (NPDB); program and agency
13		exclusions; taxpayer identification numbers; tax delinquency;
14		corporate information; and death records.
15		The Illinois Department shall enter into agreements with
16		State agencies and departments, and is authorized to enter
17		into agreements with federal agencies and departments, under
18		which such agencies and departments shall share data necessary
19		for medical assistance program integrity functions and
20		oversight. The Illinois Department shall develop, in
21		cooperation with other State departments and agencies, and in
22		compliance with applicable federal laws and regulations,
23		appropriate and effective methods to share such data. At a
24		minimum, and to the extent necessary to provide data sharing,
25		the Illinois Department shall enter into agreements with State
26		agencies and departments, and is authorized to enter into

HB4844 Engrossed - 1371 - LRB103 39009 AMC 69146 b
1		agreements with federal agencies and departments, including,
2		but not limited to: the Secretary of State; the Department of
3		Revenue; the Department of Public Health; the Department of
4		Human Services; and the Department of Financial and
5		Professional Regulation.
6		Beginning in fiscal year 2013, the Illinois Department
7		shall set forth a request for information to identify the
8		benefits of a pre-payment, post-adjudication, and post-edit
9		claims system with the goals of streamlining claims processing
10		and provider reimbursement, reducing the number of pending or
11		rejected claims, and helping to ensure a more transparent
12		adjudication process through the utilization of: (i) provider
13		data verification and provider screening technology; and (ii)
14		clinical code editing; and (iii) pre-pay, pre-adjudicated, or
15		post-adjudicated predictive modeling with an integrated case
16		management system with link analysis. Such a request for
17		information shall not be considered as a request for proposal
18		or as an obligation on the part of the Illinois Department to
19		take any action or acquire any products or services.
20		The Illinois Department shall establish policies,
21		procedures, standards and criteria by rule for the
22		acquisition, repair and replacement of orthotic and prosthetic
23		devices and durable medical equipment. Such rules shall
24		provide, but not be limited to, the following services: (1)
25		immediate repair or replacement of such devices by recipients;
26		and (2) rental, lease, purchase or lease-purchase of durable

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1		medical equipment in a cost-effective manner, taking into
2		consideration the recipient's medical prognosis, the extent of
3		the recipient's needs, and the requirements and costs for
4		maintaining such equipment. Subject to prior approval, such
5		rules shall enable a recipient to temporarily acquire and use
6		alternative or substitute devices or equipment pending repairs
7		or replacements of any device or equipment previously
8		authorized for such recipient by the Department.
9		Notwithstanding any provision of Section 5-5f to the contrary,
10		the Department may, by rule, exempt certain replacement
11		wheelchair parts from prior approval and, for wheelchairs,
12		wheelchair parts, wheelchair accessories, and related seating
13		and positioning items, determine the wholesale price by
14		methods other than actual acquisition costs.
15		The Department shall require, by rule, all providers of
16		durable medical equipment to be accredited by an accreditation
17		organization approved by the federal Centers for Medicare and
18		Medicaid Services and recognized by the Department in order to
19		bill the Department for providing durable medical equipment to
20		recipients. No later than 15 months after the effective date
21		of the rule adopted pursuant to this paragraph, all providers
22		must meet the accreditation requirement.
23		In order to promote environmental responsibility, meet the
24		needs of recipients and enrollees, and achieve significant
25		cost savings, the Department, or a managed care organization
26		under contract with the Department, may provide recipients or

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1		managed care enrollees who have a prescription or Certificate
2		of Medical Necessity access to refurbished durable medical
3		equipment under this Section (excluding prosthetic and
4		orthotic devices as defined in the Orthotics, Prosthetics, and
5		Pedorthics Practice Act and complex rehabilitation technology
6		products and associated services) through the State's
7		assistive technology program's reutilization program, using
8		staff with the Assistive Technology Professional (ATP)
9		Certification if the refurbished durable medical equipment:
10		(i) is available; (ii) is less expensive, including shipping
11		costs, than new durable medical equipment of the same type;
12		(iii) is able to withstand at least 3 years of use; (iv) is
13		cleaned, disinfected, sterilized, and safe in accordance with
14		federal Food and Drug Administration regulations and guidance
15		governing the reprocessing of medical devices in health care
16		settings; and (v) equally meets the needs of the recipient or
17		enrollee. The reutilization program shall confirm that the
18		recipient or enrollee is not already in receipt of the same or
19		similar equipment from another service provider, and that the
20		refurbished durable medical equipment equally meets the needs
21		of the recipient or enrollee. Nothing in this paragraph shall
22		be construed to limit recipient or enrollee choice to obtain
23		new durable medical equipment or place any additional prior
24		authorization conditions on enrollees of managed care
25		organizations.
26		The Department shall execute, relative to the nursing home

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1		prescreening project, written inter-agency agreements with the
2		Department of Human Services and the Department on Aging, to
3		effect the following: (i) intake procedures and common
4		eligibility criteria for those persons who are receiving
5		non-institutional services; and (ii) the establishment and
6		development of non-institutional services in areas of the
7		State where they are not currently available or are
8		undeveloped; and (iii) notwithstanding any other provision of
9		law, subject to federal approval, on and after July 1, 2012, an
10		increase in the determination of need (DON) scores from 29 to
11		37 for applicants for institutional and home and
12		community-based long term care; if and only if federal
13		approval is not granted, the Department may, in conjunction
14		with other affected agencies, implement utilization controls
15		or changes in benefit packages to effectuate a similar savings
16		amount for this population; and (iv) no later than July 1,
17		2013, minimum level of care eligibility criteria for
18		institutional and home and community-based long term care; and
19		(v) no later than October 1, 2013, establish procedures to
20		permit long term care providers access to eligibility scores
21		for individuals with an admission date who are seeking or
22		receiving services from the long term care provider. In order
23		to select the minimum level of care eligibility criteria, the
24		Governor shall establish a workgroup that includes affected
25		agency representatives and stakeholders representing the
26		institutional and home and community-based long term care

HB4844 Engrossed - 1375 - LRB103 39009 AMC 69146 b
1		interests. This Section shall not restrict the Department from
2		implementing lower level of care eligibility criteria for
3		community-based services in circumstances where federal
4		approval has been granted.
5		The Illinois Department shall develop and operate, in
6		cooperation with other State Departments and agencies and in
7		compliance with applicable federal laws and regulations,
8		appropriate and effective systems of health care evaluation
9		and programs for monitoring of utilization of health care
10		services and facilities, as it affects persons eligible for
11		medical assistance under this Code.
12		The Illinois Department shall report annually to the
13		General Assembly, no later than the second Friday in April of
14		1979 and each year thereafter, in regard to:
15		(a) actual statistics and trends in utilization of
16		medical services by public aid recipients;
17		(b) actual statistics and trends in the provision of
18		the various medical services by medical vendors;
19		(c) current rate structures and proposed changes in
20		those rate structures for the various medical vendors; and
21		(d) efforts at utilization review and control by the
22		Illinois Department.
23		The period covered by each report shall be the 3 years
24		ending on the June 30 prior to the report. The report shall
25		include suggested legislation for consideration by the General
26		Assembly. The requirement for reporting to the General

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1		Assembly shall be satisfied by filing copies of the report as
2		required by Section 3.1 of the General Assembly Organization
3		Act, and filing such additional copies with the State
4		Government Report Distribution Center for the General Assembly
5		as is required under paragraph (t) of Section 7 of the State
6		Library Act.
7		Rulemaking authority to implement Public Act 95-1045, if
8		any, is conditioned on the rules being adopted in accordance
9		with all provisions of the Illinois Administrative Procedure
10		Act and all rules and procedures of the Joint Committee on
11		Administrative Rules; any purported rule not so adopted, for
12		whatever reason, is unauthorized.
13		On and after July 1, 2012, the Department shall reduce any
14		rate of reimbursement for services or other payments or alter
15		any methodologies authorized by this Code to reduce any rate
16		of reimbursement for services or other payments in accordance
17		with Section 5-5e.
18		Because kidney transplantation can be an appropriate,
19		cost-effective alternative to renal dialysis when medically
20		necessary and notwithstanding the provisions of Section 1-11
21		of this Code, beginning October 1, 2014, the Department shall
22		cover kidney transplantation for noncitizens with end-stage
23		renal disease who are not eligible for comprehensive medical
24		benefits, who meet the residency requirements of Section 5-3
25		of this Code, and who would otherwise meet the financial
26		requirements of the appropriate class of eligible persons

HB4844 Engrossed - 1377 - LRB103 39009 AMC 69146 b
1		under Section 5-2 of this Code. To qualify for coverage of
2		kidney transplantation, such person must be receiving
3		emergency renal dialysis services covered by the Department.
4		Providers under this Section shall be prior approved and
5		certified by the Department to perform kidney transplantation
6		and the services under this Section shall be limited to
7		services associated with kidney transplantation.
8		Notwithstanding any other provision of this Code to the
9		contrary, on or after July 1, 2015, all FDA approved forms of
10		medication assisted treatment prescribed for the treatment of
11		alcohol dependence or treatment of opioid dependence shall be
12		covered under both fee-for-service fee for service and managed
13		care medical assistance programs for persons who are otherwise
14		eligible for medical assistance under this Article and shall
15		not be subject to any (1) utilization control, other than
16		those established under the American Society of Addiction
17		Medicine patient placement criteria, (2) prior authorization
18		mandate, or (3) lifetime restriction limit mandate.
19		On or after July 1, 2015, opioid antagonists prescribed
20		for the treatment of an opioid overdose, including the
21		medication product, administration devices, and any pharmacy
22		fees or hospital fees related to the dispensing, distribution,
23		and administration of the opioid antagonist, shall be covered
24		under the medical assistance program for persons who are
25		otherwise eligible for medical assistance under this Article.
26		As used in this Section, "opioid antagonist" means a drug that

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1		binds to opioid receptors and blocks or inhibits the effect of
2		opioids acting on those receptors, including, but not limited
3		to, naloxone hydrochloride or any other similarly acting drug
4		approved by the U.S. Food and Drug Administration. The
5		Department shall not impose a copayment on the coverage
6		provided for naloxone hydrochloride under the medical
7		assistance program.
8		Upon federal approval, the Department shall provide
9		coverage and reimbursement for all drugs that are approved for
10		marketing by the federal Food and Drug Administration and that
11		are recommended by the federal Public Health Service or the
12		United States Centers for Disease Control and Prevention for
13		pre-exposure prophylaxis and related pre-exposure prophylaxis
14		services, including, but not limited to, HIV and sexually
15		transmitted infection screening, treatment for sexually
16		transmitted infections, medical monitoring, assorted labs, and
17		counseling to reduce the likelihood of HIV infection among
18		individuals who are not infected with HIV but who are at high
19		risk of HIV infection.
20		A federally qualified health center, as defined in Section
21		1905(l)(2)(B) of the federal Social Security Act, shall be
22		reimbursed by the Department in accordance with the federally
23		qualified health center's encounter rate for services provided
24		to medical assistance recipients that are performed by a
25		dental hygienist, as defined under the Illinois Dental
26		Practice Act, working under the general supervision of a

HB4844 Engrossed - 1379 - LRB103 39009 AMC 69146 b
1		dentist and employed by a federally qualified health center.
2		Within 90 days after October 8, 2021 (the effective date
3		of Public Act 102-665), the Department shall seek federal
4		approval of a State Plan amendment to expand coverage for
5		family planning services that includes presumptive eligibility
6		to individuals whose income is at or below 208% of the federal
7		poverty level. Coverage under this Section shall be effective
8		beginning no later than December 1, 2022.
9		Subject to approval by the federal Centers for Medicare
10		and Medicaid Services of a Title XIX State Plan amendment
11		electing the Program of All-Inclusive Care for the Elderly
12		(PACE) as a State Medicaid option, as provided for by Subtitle
13		I (commencing with Section 4801) of Title IV of the Balanced
14		Budget Act of 1997 (Public Law 105-33) and Part 460
15		(commencing with Section 460.2) of Subchapter E of Title 42 of
16		the Code of Federal Regulations, PACE program services shall
17		become a covered benefit of the medical assistance program,
18		subject to criteria established in accordance with all
19		applicable laws.
20		Notwithstanding any other provision of this Code,
21		community-based pediatric palliative care from a trained
22		interdisciplinary team shall be covered under the medical
23		assistance program as provided in Section 15 of the Pediatric
24		Palliative Care Act.
25		Notwithstanding any other provision of this Code, within
26		12 months after June 2, 2022 (the effective date of Public Act

HB4844 Engrossed - 1380 - LRB103 39009 AMC 69146 b
1		102-1037) and subject to federal approval, acupuncture
2		services performed by an acupuncturist licensed under the
3		Acupuncture Practice Act who is acting within the scope of his
4		or her license shall be covered under the medical assistance
5		program. The Department shall apply for any federal waiver or
6		State Plan amendment, if required, to implement this
7		paragraph. The Department may adopt any rules, including
8		standards and criteria, necessary to implement this paragraph.
9		Notwithstanding any other provision of this Code, the
10		medical assistance program shall, subject to appropriation and
11		federal approval, reimburse hospitals for costs associated
12		with a newborn screening test for the presence of
13		metachromatic leukodystrophy, as required under the Newborn
14		Metabolic Screening Act, at a rate not less than the fee
15		charged by the Department of Public Health. The Department
16		shall seek federal approval before the implementation of the
17		newborn screening test fees by the Department of Public
18		Health.
19		Notwithstanding any other provision of this Code,
20		beginning on January 1, 2024, subject to federal approval,
21		cognitive assessment and care planning services provided to a
22		person who experiences signs or symptoms of cognitive
23		impairment, as defined by the Diagnostic and Statistical
24		Manual of Mental Disorders, Fifth Edition, shall be covered
25		under the medical assistance program for persons who are
26		otherwise eligible for medical assistance under this Article.

HB4844 Engrossed - 1381 - LRB103 39009 AMC 69146 b
1		Notwithstanding any other provision of this Code,
2		medically necessary reconstructive services that are intended
3		to restore physical appearance shall be covered under the
4		medical assistance program for persons who are otherwise
5		eligible for medical assistance under this Article. As used in
6		this paragraph, "reconstructive services" means treatments
7		performed on structures of the body damaged by trauma to
8		restore physical appearance.
9		(Source: P.A. 102-43, Article 30, Section 30-5, eff. 7-6-21;
10		102-43, Article 35, Section 35-5, eff. 7-6-21; 102-43, Article
11		55, Section 55-5, eff. 7-6-21; 102-95, eff. 1-1-22; 102-123,
12		eff. 1-1-22; 102-558, eff. 8-20-21; 102-598, eff. 1-1-22;
13		102-655, eff. 1-1-22; 102-665, eff. 10-8-21; 102-813, eff.
14		5-13-22; 102-1018, eff. 1-1-23; 102-1037, eff. 6-2-22;
15		102-1038, eff. 1-1-23; 103-102, Article 15, Section 15-5, eff.
16		1-1-24; 103-102, Article 95, Section 95-15, eff. 1-1-24;
17		103-123, eff. 1-1-24; 103-154, eff. 6-30-23; 103-368, eff.
18		1-1-24; revised 12-15-23.)
19		(305 ILCS 5/5-5.01a)
20		Sec. 5-5.01a. Supportive living facilities program.
21		(a) The Department shall establish and provide oversight
22		for a program of supportive living facilities that seek to
23		promote resident independence, dignity, respect, and
24		well-being in the most cost-effective manner.
25		A supportive living facility is (i) a free-standing

HB4844 Engrossed - 1382 - LRB103 39009 AMC 69146 b
1		facility or (ii) a distinct physical and operational entity
2		within a mixed-use building that meets the criteria
3		established in subsection (d). A supportive living facility
4		integrates housing with health, personal care, and supportive
5		services and is a designated setting that offers residents
6		their own separate, private, and distinct living units.
7		Sites for the operation of the program shall be selected
8		by the Department based upon criteria that may include the
9		need for services in a geographic area, the availability of
10		funding, and the site's ability to meet the standards.
11		(b) Beginning July 1, 2014, subject to federal approval,
12		the Medicaid rates for supportive living facilities shall be
13		equal to the supportive living facility Medicaid rate
14		effective on June 30, 2014 increased by 8.85%. Once the
15		assessment imposed at Article V-G of this Code is determined
16		to be a permissible tax under Title XIX of the Social Security
17		Act, the Department shall increase the Medicaid rates for
18		supportive living facilities effective on July 1, 2014 by
19		9.09%. The Department shall apply this increase retroactively
20		to coincide with the imposition of the assessment in Article
21		V-G of this Code in accordance with the approval for federal
22		financial participation by the Centers for Medicare and
23		Medicaid Services.
24		The Medicaid rates for supportive living facilities
25		effective on July 1, 2017 must be equal to the rates in effect
26		for supportive living facilities on June 30, 2017 increased by

HB4844 Engrossed - 1383 - LRB103 39009 AMC 69146 b
1		2.8%.
2		The Medicaid rates for supportive living facilities
3		effective on July 1, 2018 must be equal to the rates in effect
4		for supportive living facilities on June 30, 2018.
5		Subject to federal approval, the Medicaid rates for
6		supportive living services on and after July 1, 2019 must be at
7		least 54.3% of the average total nursing facility services per
8		diem for the geographic areas defined by the Department while
9		maintaining the rate differential for dementia care and must
10		be updated whenever the total nursing facility service per
11		diems are updated. Beginning July 1, 2022, upon the
12		implementation of the Patient Driven Payment Model, Medicaid
13		rates for supportive living services must be at least 54.3% of
14		the average total nursing services per diem rate for the
15		geographic areas. For purposes of this provision, the average
16		total nursing services per diem rate shall include all add-ons
17		for nursing facilities for the geographic area provided for in
18		Section 5-5.2. The rate differential for dementia care must be
19		maintained in these rates and the rates shall be updated
20		whenever nursing facility per diem rates are updated.
21		Subject to federal approval, beginning January 1, 2024,
22		the dementia care rate for supportive living services must be
23		no less than the non-dementia care supportive living services
24		rate multiplied by 1.5.
25		(c) The Department may adopt rules to implement this
26		Section. Rules that establish or modify the services,

HB4844 Engrossed - 1384 - LRB103 39009 AMC 69146 b
1		standards, and conditions for participation in the program
2		shall be adopted by the Department in consultation with the
3		Department on Aging, the Department of Rehabilitation
4		Services, and the Department of Mental Health and
5		Developmental Disabilities (or their successor agencies).
6		(d) Subject to federal approval by the Centers for
7		Medicare and Medicaid Services, the Department shall accept
8		for consideration of certification under the program any
9		application for a site or building where distinct parts of the
10		site or building are designated for purposes other than the
11		provision of supportive living services, but only if:
12		(1) those distinct parts of the site or building are
13		not designated for the purpose of providing assisted
14		living services as required under the Assisted Living and
15		Shared Housing Act;
16		(2) those distinct parts of the site or building are
17		completely separate from the part of the building used for
18		the provision of supportive living program services,
19		including separate entrances;
20		(3) those distinct parts of the site or building do
21		not share any common spaces with the part of the building
22		used for the provision of supportive living program
23		services; and
24		(4) those distinct parts of the site or building do
25		not share staffing with the part of the building used for
26		the provision of supportive living program services.

HB4844 Engrossed - 1385 - LRB103 39009 AMC 69146 b
1		(e) Facilities or distinct parts of facilities which are
2		selected as supportive living facilities and are in good
3		standing with the Department's rules are exempt from the
4		provisions of the Nursing Home Care Act and the Illinois
5		Health Facilities Planning Act.
6		(f) Section 9817 of the American Rescue Plan Act of 2021
7		(Public Law 117-2) authorizes a 10% enhanced federal medical
8		assistance percentage for supportive living services for a
9		12-month period from April 1, 2021 through March 31, 2022.
10		Subject to federal approval, including the approval of any
11		necessary waiver amendments or other federally required
12		documents or assurances, for a 12-month period the Department
13		must pay a supplemental $26 per diem rate to all supportive
14		living facilities with the additional federal financial
15		participation funds that result from the enhanced federal
16		medical assistance percentage from April 1, 2021 through March
17		31, 2022. The Department may issue parameters around how the
18		supplemental payment should be spent, including quality
19		improvement activities. The Department may alter the form,
20		methods, or timeframes concerning the supplemental per diem
21		rate to comply with any subsequent changes to federal law,
22		changes made by guidance issued by the federal Centers for
23		Medicare and Medicaid Services, or other changes necessary to
24		receive the enhanced federal medical assistance percentage.
25		(g) All applications for the expansion of supportive
26		living dementia care settings involving sites not approved by

HB4844 Engrossed - 1386 - LRB103 39009 AMC 69146 b
1		the Department on January 1, 2024 (the effective date of
2		Public Act 103-102) this amendatory Act of the 103rd General
3		Assembly may allow new elderly non-dementia units in addition
4		to new dementia care units. The Department may approve such
5		applications only if the application has: (1) no more than one
6		non-dementia care unit for each dementia care unit and (2) the
7		site is not located within 4 miles of an existing supportive
8		living program site in Cook County (including the City of
9		Chicago), not located within 12 miles of an existing
10		supportive living program site in DuPage County, Kane County,
11		Lake County, McHenry County, or Will County, or not located
12		within 25 miles of an existing supportive living program site
13		in any other county.
14		(Source: P.A. 102-43, eff. 7-6-21; 102-699, eff. 4-19-22;
15		103-102, Article 20, Section 20-5, eff. 1-1-24; 103-102,
16		Article 100, Section 100-5, eff. 1-1-24; revised 12-15-23.)
17		(305 ILCS 5/5-5.05)
18		Sec. 5-5.05. Hospitals; psychiatric services.
19		(a) On and after January 1, 2024, the inpatient, per diem
20		rate to be paid to a hospital for inpatient psychiatric
21		services shall be not less than 90% of the per diem rate
22		established in accordance with subsection paragraph (b-5) of
23		this Section, subject to the provisions of Section 14-12.5.
24		(b) For purposes of this Section, "hospital" means a
25		hospital with a distinct part unit for psychiatric services.

HB4844 Engrossed - 1387 - LRB103 39009 AMC 69146 b
1		For purposes of this Section, "inpatient psychiatric
2		services" means those services provided to patients who are in
3		need of short-term acute inpatient hospitalization for active
4		treatment of an emotional or mental disorder.
5		(b-5) Notwithstanding any other provision of this Section,
6		the inpatient, per diem rate to be paid to all safety-net
7		hospitals for inpatient psychiatric services on and after
8		January 1, 2021 shall be at least $630, subject to the
9		provisions of Section 14-12.5.
10		(b-10) Notwithstanding any other provision of this
11		Section, effective with dates of service on and after January
12		1, 2022, any general acute care hospital with more than 9,500
13		inpatient psychiatric Medicaid days in any calendar year shall
14		be paid the inpatient per diem rate of no less than $630,
15		subject to the provisions of Section 14-12.5.
16		(c) No rules shall be promulgated to implement this
17		Section. For purposes of this Section, "rules" is given the
18		meaning contained in Section 1-70 of the Illinois
19		Administrative Procedure Act.
20		(d) (Blank).
21		(e) On and after July 1, 2012, the Department shall reduce
22		any rate of reimbursement for services or other payments or
23		alter any methodologies authorized by this Code to reduce any
24		rate of reimbursement for services or other payments in
25		accordance with Section 5-5e.
26		(Source: P.A. 102-4, eff. 4-27-21; 102-674, eff. 11-30-21;

HB4844 Engrossed - 1388 - LRB103 39009 AMC 69146 b
1		103-102, eff. 6-16-23; revised 9-21-23.)
2		(305 ILCS 5/5-5.2)
3		Sec. 5-5.2. Payment.
4		(a) All nursing facilities that are grouped pursuant to
5		Section 5-5.1 of this Act shall receive the same rate of
6		payment for similar services.
7		(b) It shall be a matter of State policy that the Illinois
8		Department shall utilize a uniform billing cycle throughout
9		the State for the long-term care providers.
10		(c) (Blank).
11		(c-1) Notwithstanding any other provisions of this Code,
12		the methodologies for reimbursement of nursing services as
13		provided under this Article shall no longer be applicable for
14		bills payable for nursing services rendered on or after a new
15		reimbursement system based on the Patient Driven Payment Model
16		(PDPM) has been fully operationalized, which shall take effect
17		for services provided on or after the implementation of the
18		PDPM reimbursement system begins. For the purposes of Public
19		Act 102-1035 this amendatory Act of the 102nd General
20		Assembly, the implementation date of the PDPM reimbursement
21		system and all related provisions shall be July 1, 2022 if the
22		following conditions are met: (i) the Centers for Medicare and
23		Medicaid Services has approved corresponding changes in the
24		reimbursement system and bed assessment; and (ii) the
25		Department has filed rules to implement these changes no later

HB4844 Engrossed - 1389 - LRB103 39009 AMC 69146 b
1		than June 1, 2022. Failure of the Department to file rules to
2		implement the changes provided in Public Act 102-1035 this
3		amendatory Act of the 102nd General Assembly no later than
4		June 1, 2022 shall result in the implementation date being
5		delayed to October 1, 2022.
6		(d) The new nursing services reimbursement methodology
7		utilizing the Patient Driven Payment Model, which shall be
8		referred to as the PDPM reimbursement system, taking effect
9		July 1, 2022, upon federal approval by the Centers for
10		Medicare and Medicaid Services, shall be based on the
11		following:
12		(1) The methodology shall be resident-centered,
13		facility-specific, cost-based, and based on guidance from
14		the Centers for Medicare and Medicaid Services.
15		(2) Costs shall be annually rebased and case mix index
16		quarterly updated. The nursing services methodology will
17		be assigned to the Medicaid enrolled residents on record
18		as of 30 days prior to the beginning of the rate period in
19		the Department's Medicaid Management Information System
20		(MMIS) as present on the last day of the second quarter
21		preceding the rate period based upon the Assessment
22		Reference Date of the Minimum Data Set (MDS).
23		(3) Regional wage adjustors based on the Health
24		Service Areas (HSA) groupings and adjusters in effect on
25		April 30, 2012 shall be included, except no adjuster shall
26		be lower than 1.06.

HB4844 Engrossed - 1390 - LRB103 39009 AMC 69146 b
1		(4) PDPM nursing case mix indices in effect on March
2		1, 2022 shall be assigned to each resident class at no less
3		than 0.7858 of the Centers for Medicare and Medicaid
4		Services PDPM unadjusted case mix values, in effect on
5		March 1, 2022.
6		(5) The pool of funds available for distribution by
7		case mix and the base facility rate shall be determined
8		using the formula contained in subsection (d-1).
9		(6) The Department shall establish a variable per diem
10		staffing add-on in accordance with the most recent
11		available federal staffing report, currently the Payroll
12		Based Journal, for the same period of time, and if
13		applicable adjusted for acuity using the same quarter's
14		MDS. The Department shall rely on Payroll Based Journals
15		provided to the Department of Public Health to make a
16		determination of non-submission. If the Department is
17		notified by a facility of missing or inaccurate Payroll
18		Based Journal data or an incorrect calculation of
19		staffing, the Department must make a correction as soon as
20		the error is verified for the applicable quarter.
21		Facilities with at least 70% of the staffing indicated
22		by the STRIVE study shall be paid a per diem add-on of $9,
23		increasing by equivalent steps for each whole percentage
24		point until the facilities reach a per diem of $14.88.
25		Facilities with at least 80% of the staffing indicated by
26		the STRIVE study shall be paid a per diem add-on of $14.88,

HB4844 Engrossed - 1391 - LRB103 39009 AMC 69146 b
1		increasing by equivalent steps for each whole percentage
2		point until the facilities reach a per diem add-on of
3		$23.80. Facilities with at least 92% of the staffing
4		indicated by the STRIVE study shall be paid a per diem
5		add-on of $23.80, increasing by equivalent steps for each
6		whole percentage point until the facilities reach a per
7		diem add-on of $29.75. Facilities with at least 100% of
8		the staffing indicated by the STRIVE study shall be paid a
9		per diem add-on of $29.75, increasing by equivalent steps
10		for each whole percentage point until the facilities reach
11		a per diem add-on of $35.70. Facilities with at least 110%
12		of the staffing indicated by the STRIVE study shall be
13		paid a per diem add-on of $35.70, increasing by equivalent
14		steps for each whole percentage point until the facilities
15		reach a per diem add-on of $38.68. Facilities with at
16		least 125% or higher of the staffing indicated by the
17		STRIVE study shall be paid a per diem add-on of $38.68.
18		Beginning April 1, 2023, no nursing facility's variable
19		staffing per diem add-on shall be reduced by more than 5%
20		in 2 consecutive quarters. For the quarters beginning July
21		1, 2022 and October 1, 2022, no facility's variable per
22		diem staffing add-on shall be calculated at a rate lower
23		than 85% of the staffing indicated by the STRIVE study. No
24		facility below 70% of the staffing indicated by the STRIVE
25		study shall receive a variable per diem staffing add-on
26		after December 31, 2022.

HB4844 Engrossed - 1392 - LRB103 39009 AMC 69146 b
1		(7) For dates of services beginning July 1, 2022, the
2		PDPM nursing component per diem for each nursing facility
3		shall be the product of the facility's (i) statewide PDPM
4		nursing base per diem rate, $92.25, adjusted for the
5		facility average PDPM case mix index calculated quarterly
6		and (ii) the regional wage adjuster, and then add the
7		Medicaid access adjustment as defined in (e-3) of this
8		Section. Transition rates for services provided between
9		July 1, 2022 and October 1, 2023 shall be the greater of
10		the PDPM nursing component per diem or:
11		(A) for the quarter beginning July 1, 2022, the
12		RUG-IV nursing component per diem;
13		(B) for the quarter beginning October 1, 2022, the
14		sum of the RUG-IV nursing component per diem
15		multiplied by 0.80 and the PDPM nursing component per
16		diem multiplied by 0.20;
17		(C) for the quarter beginning January 1, 2023, the
18		sum of the RUG-IV nursing component per diem
19		multiplied by 0.60 and the PDPM nursing component per
20		diem multiplied by 0.40;
21		(D) for the quarter beginning April 1, 2023, the
22		sum of the RUG-IV nursing component per diem
23		multiplied by 0.40 and the PDPM nursing component per
24		diem multiplied by 0.60;
25		(E) for the quarter beginning July 1, 2023, the
26		sum of the RUG-IV nursing component per diem

HB4844 Engrossed - 1393 - LRB103 39009 AMC 69146 b
1		multiplied by 0.20 and the PDPM nursing component per
2		diem multiplied by 0.80; or
3		(F) for the quarter beginning October 1, 2023 and
4		each subsequent quarter, the transition rate shall end
5		and a nursing facility shall be paid 100% of the PDPM
6		nursing component per diem.
7		(d-1) Calculation of base year Statewide RUG-IV nursing
8		base per diem rate.
9		(1) Base rate spending pool shall be:
10		(A) The base year resident days which are
11		calculated by multiplying the number of Medicaid
12		residents in each nursing home as indicated in the MDS
13		data defined in paragraph (4) by 365.
14		(B) Each facility's nursing component per diem in
15		effect on July 1, 2012 shall be multiplied by
16		subsection (A).
17		(C) Thirteen million is added to the product of
18		subparagraph (A) and subparagraph (B) to adjust for
19		the exclusion of nursing homes defined in paragraph
20		(5).
21		(2) For each nursing home with Medicaid residents as
22		indicated by the MDS data defined in paragraph (4),
23		weighted days adjusted for case mix and regional wage
24		adjustment shall be calculated. For each home this
25		calculation is the product of:
26		(A) Base year resident days as calculated in

HB4844 Engrossed - 1394 - LRB103 39009 AMC 69146 b
1		subparagraph (A) of paragraph (1).
2		(B) The nursing home's regional wage adjustor
3		based on the Health Service Areas (HSA) groupings and
4		adjustors in effect on April 30, 2012.
5		(C) Facility weighted case mix which is the number
6		of Medicaid residents as indicated by the MDS data
7		defined in paragraph (4) multiplied by the associated
8		case weight for the RUG-IV 48 grouper model using
9		standard RUG-IV procedures for index maximization.
10		(D) The sum of the products calculated for each
11		nursing home in subparagraphs (A) through (C) above
12		shall be the base year case mix, rate adjusted
13		weighted days.
14		(3) The Statewide RUG-IV nursing base per diem rate:
15		(A) on January 1, 2014 shall be the quotient of the
16		paragraph (1) divided by the sum calculated under
17		subparagraph (D) of paragraph (2);
18		(B) on and after July 1, 2014 and until July 1,
19		2022, shall be the amount calculated under
20		subparagraph (A) of this paragraph (3) plus $1.76; and
21		(C) beginning July 1, 2022 and thereafter, $7
22		shall be added to the amount calculated under
23		subparagraph (B) of this paragraph (3) of this
24		Section.
25		(4) Minimum Data Set (MDS) comprehensive assessments
26		for Medicaid residents on the last day of the quarter used

HB4844 Engrossed - 1395 - LRB103 39009 AMC 69146 b
1		to establish the base rate.
2		(5) Nursing facilities designated as of July 1, 2012
3		by the Department as "Institutions for Mental Disease"
4		shall be excluded from all calculations under this
5		subsection. The data from these facilities shall not be
6		used in the computations described in paragraphs (1)
7		through (4) above to establish the base rate.
8		(e) Beginning July 1, 2014, the Department shall allocate
9		funding in the amount up to $10,000,000 for per diem add-ons to
10		the RUGS methodology for dates of service on and after July 1,
11		2014:
12		(1) $0.63 for each resident who scores in I4200
13		Alzheimer's Disease or I4800 non-Alzheimer's Dementia.
14		(2) $2.67 for each resident who scores either a "1" or
15		"2" in any items S1200A through S1200I and also scores in
16		RUG groups PA1, PA2, BA1, or BA2.
17		(e-1) (Blank).
18		(e-2) For dates of services beginning January 1, 2014 and
19		ending September 30, 2023, the RUG-IV nursing component per
20		diem for a nursing home shall be the product of the statewide
21		RUG-IV nursing base per diem rate, the facility average case
22		mix index, and the regional wage adjustor. For dates of
23		service beginning July 1, 2022 and ending September 30, 2023,
24		the Medicaid access adjustment described in subsection (e-3)
25		shall be added to the product.
26		(e-3) A Medicaid Access Adjustment of $4 adjusted for the

HB4844 Engrossed - 1396 - LRB103 39009 AMC 69146 b
1		facility average PDPM case mix index calculated quarterly
2		shall be added to the statewide PDPM nursing per diem for all
3		facilities with annual Medicaid bed days of at least 70% of all
4		occupied bed days adjusted quarterly. For each new calendar
5		year and for the 6-month period beginning July 1, 2022, the
6		percentage of a facility's occupied bed days comprised of
7		Medicaid bed days shall be determined by the Department
8		quarterly. For dates of service beginning January 1, 2023, the
9		Medicaid Access Adjustment shall be increased to $4.75. This
10		subsection shall be inoperative on and after January 1, 2028.
11		(e-4) Subject to federal approval, on and after January 1,
12		2024, the Department shall increase the rate add-on at
13		paragraph (7) subsection (a) under 89 Ill. Adm. Code 147.335
14		for ventilator services from $208 per day to $481 per day.
15		Payment is subject to the criteria and requirements under 89
16		Ill. Adm. Code 147.335.
17		(f) (Blank).
18		(g) Notwithstanding any other provision of this Code, on
19		and after July 1, 2012, for facilities not designated by the
20		Department of Healthcare and Family Services as "Institutions
21		for Mental Disease", rates effective May 1, 2011 shall be
22		adjusted as follows:
23		(1) (Blank);
24		(2) (Blank);
25		(3) Facility rates for the capital and support
26		components shall be reduced by 1.7%.

HB4844 Engrossed - 1397 - LRB103 39009 AMC 69146 b
1		(h) Notwithstanding any other provision of this Code, on
2		and after July 1, 2012, nursing facilities designated by the
3		Department of Healthcare and Family Services as "Institutions
4		for Mental Disease" and "Institutions for Mental Disease" that
5		are facilities licensed under the Specialized Mental Health
6		Rehabilitation Act of 2013 shall have the nursing,
7		socio-developmental, capital, and support components of their
8		reimbursement rate effective May 1, 2011 reduced in total by
9		2.7%.
10		(i) On and after July 1, 2014, the reimbursement rates for
11		the support component of the nursing facility rate for
12		facilities licensed under the Nursing Home Care Act as skilled
13		or intermediate care facilities shall be the rate in effect on
14		June 30, 2014 increased by 8.17%.
15		(i-1) Subject to federal approval, on and after January 1,
16		2024, the reimbursement rates for the support component of the
17		nursing facility rate for facilities licensed under the
18		Nursing Home Care Act as skilled or intermediate care
19		facilities shall be the rate in effect on June 30, 2023
20		increased by 12%.
21		(j) Notwithstanding any other provision of law, subject to
22		federal approval, effective July 1, 2019, sufficient funds
23		shall be allocated for changes to rates for facilities
24		licensed under the Nursing Home Care Act as skilled nursing
25		facilities or intermediate care facilities for dates of
26		services on and after July 1, 2019: (i) to establish, through

HB4844 Engrossed - 1398 - LRB103 39009 AMC 69146 b
1		June 30, 2022 a per diem add-on to the direct care per diem
2		rate not to exceed $70,000,000 annually in the aggregate
3		taking into account federal matching funds for the purpose of
4		addressing the facility's unique staffing needs, adjusted
5		quarterly and distributed by a weighted formula based on
6		Medicaid bed days on the last day of the second quarter
7		preceding the quarter for which the rate is being adjusted.
8		Beginning July 1, 2022, the annual $70,000,000 described in
9		the preceding sentence shall be dedicated to the variable per
10		diem add-on for staffing under paragraph (6) of subsection
11		(d); and (ii) in an amount not to exceed $170,000,000 annually
12		in the aggregate taking into account federal matching funds to
13		permit the support component of the nursing facility rate to
14		be updated as follows:
15		(1) 80%, or $136,000,000, of the funds shall be used
16		to update each facility's rate in effect on June 30, 2019
17		using the most recent cost reports on file, which have had
18		a limited review conducted by the Department of Healthcare
19		and Family Services and will not hold up enacting the rate
20		increase, with the Department of Healthcare and Family
21		Services.
22		(2) After completing the calculation in paragraph (1),
23		any facility whose rate is less than the rate in effect on
24		June 30, 2019 shall have its rate restored to the rate in
25		effect on June 30, 2019 from the 20% of the funds set
26		aside.

HB4844 Engrossed - 1399 - LRB103 39009 AMC 69146 b
1		(3) The remainder of the 20%, or $34,000,000, shall be
2		used to increase each facility's rate by an equal
3		percentage.
4		(k) During the first quarter of State Fiscal Year 2020,
5		the Department of Healthcare of Family Services must convene a
6		technical advisory group consisting of members of all trade
7		associations representing Illinois skilled nursing providers
8		to discuss changes necessary with federal implementation of
9		Medicare's Patient-Driven Payment Model. Implementation of
10		Medicare's Patient-Driven Payment Model shall, by September 1,
11		2020, end the collection of the MDS data that is necessary to
12		maintain the current RUG-IV Medicaid payment methodology. The
13		technical advisory group must consider a revised reimbursement
14		methodology that takes into account transparency,
15		accountability, actual staffing as reported under the
16		federally required Payroll Based Journal system, changes to
17		the minimum wage, adequacy in coverage of the cost of care, and
18		a quality component that rewards quality improvements.
19		(l) The Department shall establish per diem add-on
20		payments to improve the quality of care delivered by
21		facilities, including:
22		(1) Incentive payments determined by facility
23		performance on specified quality measures in an initial
24		amount of $70,000,000. Nothing in this subsection shall be
25		construed to limit the quality of care payments in the
26		aggregate statewide to $70,000,000, and, if quality of

HB4844 Engrossed - 1400 - LRB103 39009 AMC 69146 b
1		care has improved across nursing facilities, the
2		Department shall adjust those add-on payments accordingly.
3		The quality payment methodology described in this
4		subsection must be used for at least State Fiscal Year
5		2023. Beginning with the quarter starting July 1, 2023,
6		the Department may add, remove, or change quality metrics
7		and make associated changes to the quality payment
8		methodology as outlined in subparagraph (E). Facilities
9		designated by the Centers for Medicare and Medicaid
10		Services as a special focus facility or a hospital-based
11		nursing home do not qualify for quality payments.
12		(A) Each quality pool must be distributed by
13		assigning a quality weighted score for each nursing
14		home which is calculated by multiplying the nursing
15		home's quality base period Medicaid days by the
16		nursing home's star rating weight in that period.
17		(B) Star rating weights are assigned based on the
18		nursing home's star rating for the LTS quality star
19		rating. As used in this subparagraph, "LTS quality
20		star rating" means the long-term stay quality rating
21		for each nursing facility, as assigned by the Centers
22		for Medicare and Medicaid Services under the Five-Star
23		Quality Rating System. The rating is a number ranging
24		from 0 (lowest) to 5 (highest).
25		(i) Zero-star or one-star rating has a weight
26		of 0.

HB4844 Engrossed - 1401 - LRB103 39009 AMC 69146 b
1		(ii) Two-star rating has a weight of 0.75.
2		(iii) Three-star rating has a weight of 1.5.
3		(iv) Four-star rating has a weight of 2.5.
4		(v) Five-star rating has a weight of 3.5.
5		(C) Each nursing home's quality weight score is
6		divided by the sum of all quality weight scores for
7		qualifying nursing homes to determine the proportion
8		of the quality pool to be paid to the nursing home.
9		(D) The quality pool is no less than $70,000,000
10		annually or $17,500,000 per quarter. The Department
11		shall publish on its website the estimated payments
12		and the associated weights for each facility 45 days
13		prior to when the initial payments for the quarter are
14		to be paid. The Department shall assign each facility
15		the most recent and applicable quarter's STAR value
16		unless the facility notifies the Department within 15
17		days of an issue and the facility provides reasonable
18		evidence demonstrating its timely compliance with
19		federal data submission requirements for the quarter
20		of record. If such evidence cannot be provided to the
21		Department, the STAR rating assigned to the facility
22		shall be reduced by one from the prior quarter.
23		(E) The Department shall review quality metrics
24		used for payment of the quality pool and make
25		recommendations for any associated changes to the
26		methodology for distributing quality pool payments in

HB4844 Engrossed - 1402 - LRB103 39009 AMC 69146 b
1		consultation with associations representing long-term
2		care providers, consumer advocates, organizations
3		representing workers of long-term care facilities, and
4		payors. The Department may establish, by rule, changes
5		to the methodology for distributing quality pool
6		payments.
7		(F) The Department shall disburse quality pool
8		payments from the Long-Term Care Provider Fund on a
9		monthly basis in amounts proportional to the total
10		quality pool payment determined for the quarter.
11		(G) The Department shall publish any changes in
12		the methodology for distributing quality pool payments
13		prior to the beginning of the measurement period or
14		quality base period for any metric added to the
15		distribution's methodology.
16		(2) Payments based on CNA tenure, promotion, and CNA
17		training for the purpose of increasing CNA compensation.
18		It is the intent of this subsection that payments made in
19		accordance with this paragraph be directly incorporated
20		into increased compensation for CNAs. As used in this
21		paragraph, "CNA" means a certified nursing assistant as
22		that term is described in Section 3-206 of the Nursing
23		Home Care Act, Section 3-206 of the ID/DD Community Care
24		Act, and Section 3-206 of the MC/DD Act. The Department
25		shall establish, by rule, payments to nursing facilities
26		equal to Medicaid's share of the tenure wage increments

HB4844 Engrossed - 1403 - LRB103 39009 AMC 69146 b
1		specified in this paragraph for all reported CNA employee
2		hours compensated according to a posted schedule
3		consisting of increments at least as large as those
4		specified in this paragraph. The increments are as
5		follows: an additional $1.50 per hour for CNAs with at
6		least one and less than 2 years' experience plus another
7		$1 per hour for each additional year of experience up to a
8		maximum of $6.50 for CNAs with at least 6 years of
9		experience. For purposes of this paragraph, Medicaid's
10		share shall be the ratio determined by paid Medicaid bed
11		days divided by total bed days for the applicable time
12		period used in the calculation. In addition, and additive
13		to any tenure increments paid as specified in this
14		paragraph, the Department shall establish, by rule,
15		payments supporting Medicaid's share of the
16		promotion-based wage increments for CNA employee hours
17		compensated for that promotion with at least a $1.50
18		hourly increase. Medicaid's share shall be established as
19		it is for the tenure increments described in this
20		paragraph. Qualifying promotions shall be defined by the
21		Department in rules for an expected 10-15% subset of CNAs
22		assigned intermediate, specialized, or added roles such as
23		CNA trainers, CNA scheduling "captains", and CNA
24		specialists for resident conditions like dementia or
25		memory care or behavioral health.
26		(m) The Department shall work with nursing facility

HB4844 Engrossed - 1404 - LRB103 39009 AMC 69146 b
1		industry representatives to design policies and procedures to
2		permit facilities to address the integrity of data from
3		federal reporting sites used by the Department in setting
4		facility rates.
5		(Source: P.A. 102-77, eff. 7-9-21; 102-558, eff. 8-20-21;
6		102-1035, eff. 5-31-22; 102-1118, eff. 1-18-23; 103-102,
7		Article 40, Section 40-5, eff. 1-1-24; 103-102, Article 50,
8		Section 50-5, eff. 1-1-24; revised 12-15-23.)
9		(305 ILCS 5/5-16.8)
10		Sec. 5-16.8. Required health benefits. The medical
11		assistance program shall (i) provide the post-mastectomy care
12		benefits required to be covered by a policy of accident and
13		health insurance under Section 356t and the coverage required
14		under Sections 356g.5, 356q, 356u, 356w, 356x, 356z.6,
15		356z.26, 356z.29, 356z.32, 356z.33, 356z.34, 356z.35, 356z.46,
16		356z.47, 356z.51, 356z.53, 356z.56, 356z.59, 356z.60, and
17		356z.61, 356z.64, and 356z.67 of the Illinois Insurance Code,
18		(ii) be subject to the provisions of Sections 356z.19,
19		356z.44, 356z.49, 364.01, 370c, and 370c.1 of the Illinois
20		Insurance Code, and (iii) be subject to the provisions of
21		subsection (d-5) of Section 10 of the Network Adequacy and
22		Transparency Act.
23		The Department, by rule, shall adopt a model similar to
24		the requirements of Section 356z.39 of the Illinois Insurance
25		Code.

HB4844 Engrossed - 1405 - LRB103 39009 AMC 69146 b
1		On and after July 1, 2012, the Department shall reduce any
2		rate of reimbursement for services or other payments or alter
3		any methodologies authorized by this Code to reduce any rate
4		of reimbursement for services or other payments in accordance
5		with Section 5-5e.
6		To ensure full access to the benefits set forth in this
7		Section, on and after January 1, 2016, the Department shall
8		ensure that provider and hospital reimbursement for
9		post-mastectomy care benefits required under this Section are
10		no lower than the Medicare reimbursement rate.
11		(Source: P.A. 102-30, eff. 1-1-22; 102-144, eff. 1-1-22;
12		102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-530, eff.
13		1-1-22; 102-642, eff. 1-1-22; 102-804, eff. 1-1-23; 102-813,
14		eff. 5-13-22; 102-816, eff. 1-1-23; 102-1093, eff. 1-1-23;
15		102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91, eff.
16		1-1-24; 103-420, eff. 1-1-24; revised 12-15-23.)
17		(305 ILCS 5/5-47)
18		Sec. 5-47. Medicaid reimbursement rates; substance use
19		disorder treatment providers and facilities.
20		(a) Beginning on January 1, 2024, subject to federal
21		approval, the Department of Healthcare and Family Services, in
22		conjunction with the Department of Human Services' Division of
23		Substance Use Prevention and Recovery, shall provide a 30%
24		increase in reimbursement rates for all Medicaid-covered ASAM
25		Level 3 residential/inpatient substance use disorder treatment

HB4844 Engrossed - 1406 - LRB103 39009 AMC 69146 b
1		services.
2		No existing or future reimbursement rates or add-ons shall
3		be reduced or changed to address this proposed rate increase.
4		No later than 3 months after June 16, 2023 (the effective date
5		of Public Act 103-102) this amendatory Act of the 103rd
6		General Assembly, the Department of Healthcare and Family
7		Services shall submit any necessary application to the federal
8		Centers for Medicare and Medicaid Services to implement the
9		requirements of this Section.
10		(b) Parity in community-based behavioral health rates;
11		implementation plan for cost reporting. For the purpose of
12		understanding behavioral health services cost structures and
13		their impact on the Medical Assistance Program, the Department
14		of Healthcare and Family Services shall engage stakeholders to
15		develop a plan for the regular collection of cost reporting
16		for all entity-based substance use disorder providers. Data
17		shall be used to inform on the effectiveness and efficiency of
18		Illinois Medicaid rates. The Department and stakeholders shall
19		develop a plan by April 1, 2024. The Department shall engage
20		stakeholders on implementation of the plan. The plan, at
21		minimum, shall consider all of the following:
22		(1) Alignment with certified community behavioral
23		health clinic requirements, standards, policies, and
24		procedures.
25		(2) Inclusion of prospective costs to measure what is
26		needed to increase services and capacity.

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1		(3) Consideration of differences in collection and
2		policies based on the size of providers.
3		(4) Consideration of additional administrative time
4		and costs.
5		(5) Goals, purposes, and usage of data collected from
6		cost reports.
7		(6) Inclusion of qualitative data in addition to
8		quantitative data.
9		(7) Technical assistance for providers for completing
10		cost reports including initial training by the Department
11		for providers.
12		(8) Implementation of a timeline which allows an
13		initial grace period for providers to adjust internal
14		procedures and data collection.
15		Details from collected cost reports shall be made publicly
16		available on the Department's website and costs shall be used
17		to ensure the effectiveness and efficiency of Illinois
18		Medicaid rates.
19		(c) Reporting; access to substance use disorder treatment
20		services and recovery supports. By no later than April 1,
21		2024, the Department of Healthcare and Family Services, with
22		input from the Department of Human Services' Division of
23		Substance Use Prevention and Recovery, shall submit a report
24		to the General Assembly regarding access to treatment services
25		and recovery supports for persons diagnosed with a substance
26		use disorder. The report shall include, but is not limited to,

HB4844 Engrossed - 1408 - LRB103 39009 AMC 69146 b
1		the following information:
2		(1) The number of providers enrolled in the Illinois
3		Medical Assistance Program certified to provide substance
4		use disorder treatment services, aggregated by ASAM level
5		of care, and recovery supports.
6		(2) The number of Medicaid customers in Illinois with
7		a diagnosed substance use disorder receiving substance use
8		disorder treatment, aggregated by provider type and ASAM
9		level of care.
10		(3) A comparison of Illinois' substance use disorder
11		licensure and certification requirements with those of
12		comparable state Medicaid programs.
13		(4) Recommendations for and an analysis of the impact
14		of aligning reimbursement rates for outpatient substance
15		use disorder treatment services with reimbursement rates
16		for community-based mental health treatment services.
17		(5) Recommendations for expanding substance use
18		disorder treatment to other qualified provider entities
19		and licensed professionals of the healing arts. The
20		recommendations shall include an analysis of the
21		opportunities to maximize the flexibilities permitted by
22		the federal Centers for Medicare and Medicaid Services for
23		expanding access to the number and types of qualified
24		substance use disorder providers.
25		(Source: P.A. 103-102, eff. 6-16-23; revised 9-26-23.)

HB4844 Engrossed - 1409 - LRB103 39009 AMC 69146 b
1		(305 ILCS 5/5-50)
2		Sec. 5-50 5-47. Coverage for mental health and substance
3		use disorder telehealth services.
4		(a) As used in this Section:
5		"Behavioral health care professional" has the meaning
6		given to "health care professional" in Section 5 of the
7		Telehealth Act, but only with respect to professionals
8		licensed or certified by the Division of Mental Health or
9		Division of Substance Use Prevention and Recovery of the
10		Department of Human Services engaged in the delivery of mental
11		health or substance use disorder treatment or services.
12		"Behavioral health facility" means a community mental
13		health center, a behavioral health clinic, a substance use
14		disorder treatment program, or a facility or provider licensed
15		or certified by the Division of Mental Health or Division of
16		Substance Use Prevention and Recovery of the Department of
17		Human Services.
18		"Behavioral telehealth services" has the meaning given to
19		the term "telehealth services" in Section 5 of the Telehealth
20		Act, but limited solely to mental health and substance use
21		disorder treatment or services to a patient, regardless of
22		patient location.
23		"Distant site" has the meaning given to that term in
24		Section 5 of the Telehealth Act.
25		"Originating site" has the meaning given to that term in
26		Section 5 of the Telehealth Act.

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1		(b) The Department and any managed care plans under
2		contract with the Department for the medical assistance
3		program shall provide for coverage of mental health and
4		substance use disorder treatment or services delivered as
5		behavioral telehealth services as specified in this Section.
6		The Department and any managed care plans under contract with
7		the Department for the medical assistance program may also
8		provide reimbursement to a behavioral health facility that
9		serves as the originating site at the time a behavioral
10		telehealth service is rendered.
11		(c) To ensure behavioral telehealth services are equitably
12		provided, coverage required under this Section shall comply
13		with all of the following:
14		(1) The Department and any managed care plans under
15		contract with the Department for the medical assistance
16		program shall not:
17		(A) require that in-person contact occur between a
18		behavioral health care professional and a patient
19		before the provision of a behavioral telehealth
20		service;
21		(B) require patients, behavioral health care
22		professionals, or behavioral health facilities to
23		prove or document a hardship or access barrier to an
24		in-person consultation for coverage and reimbursement
25		of behavioral telehealth services;
26		(C) require the use of behavioral telehealth

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1		services when the behavioral health care professional
2		has determined that it is not appropriate;
3		(D) require the use of behavioral telehealth
4		services when a patient chooses an in-person
5		consultation;
6		(E) require a behavioral health care professional
7		to be physically present in the same room as the
8		patient at the originating site, unless deemed
9		medically necessary by the behavioral health care
10		professional providing the behavioral telehealth
11		service;
12		(F) create geographic or facility restrictions or
13		requirements for behavioral telehealth services;
14		(G) require behavioral health care professionals
15		or behavioral health facilities to offer or provide
16		behavioral telehealth services;
17		(H) require patients to use behavioral telehealth
18		services or require patients to use a separate panel
19		of behavioral health care professionals or behavioral
20		health facilities to receive behavioral telehealth
21		services; or
22		(I) impose upon behavioral telehealth services
23		utilization review requirements that are unnecessary,
24		duplicative, or unwarranted or impose any treatment
25		limitations, prior authorization, documentation, or
26		recordkeeping requirements that are more stringent

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1		than the requirements applicable to the same
2		behavioral health care service when rendered
3		in-person, except that procedure code modifiers may be
4		required to document behavioral telehealth.
5		(2) Any cost sharing applicable to services provided
6		through behavioral telehealth shall not exceed the cost
7		sharing required by the medical assistance program for the
8		same services provided through in-person consultation.
9		(3) The Department and any managed care plans under
10		contract with the Department for the medical assistance
11		program shall notify behavioral health care professionals
12		and behavioral health facilities of any instructions
13		necessary to facilitate billing for behavioral telehealth
14		services.
15		(d) For purposes of reimbursement, the Department and any
16		managed care plans under contract with the Department for the
17		medical assistance program shall reimburse a behavioral health
18		care professional or behavioral health facility for behavioral
19		telehealth services on the same basis, in the same manner, and
20		at the same reimbursement rate that would apply to the
21		services if the services had been delivered via an in-person
22		encounter by a behavioral health care professional or
23		behavioral health facility. This subsection applies only to
24		those services provided by behavioral telehealth that may
25		otherwise be billed as an in-person service.
26		(e) Behavioral health care professionals and behavioral

HB4844 Engrossed - 1413 - LRB103 39009 AMC 69146 b
1		health facilities shall determine the appropriateness of
2		specific sites, technology platforms, and technology vendors
3		for a behavioral telehealth service, as long as delivered
4		services adhere to all federal and State privacy, security,
5		and confidentiality laws, rules, or regulations, including,
6		but not limited to, the Health Insurance Portability and
7		Accountability Act of 1996, 42 CFR Part 2, and the Mental
8		Health and Developmental Disabilities Confidentiality Act.
9		(f) Nothing in this Section shall be deemed as precluding
10		the Department and any managed care plans under contract with
11		the Department for the medical assistance program from
12		providing benefits for other telehealth services.
13		(g) There shall be no restrictions on originating site
14		requirements for behavioral telehealth coverage or
15		reimbursement to the distant site under this Section other
16		than requiring the behavioral telehealth services to be
17		medically necessary and clinically appropriate.
18		(h) Nothing in this Section shall be deemed as precluding
19		the Department and any managed care plans under contract with
20		the Department for the medical assistance program from
21		establishing limits on the use of telehealth for a particular
22		behavioral health service when the limits are consistent with
23		generally accepted standards of mental, emotional, nervous, or
24		substance use disorder or condition care.
25		(i) The Department may adopt rules to implement the
26		provisions of this Section.

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1		(Source: P.A. 103-243, eff. 1-1-24; revised 1-2-24.)
2		(305 ILCS 5/5-51)
3		Sec. 5-51 5-47. Proton beam therapy; managed care.
4		Notwithstanding any other provision of this Article, a managed
5		care organization under contract with the Department to
6		provide services to recipients of medical assistance shall
7		provide coverage for proton beam therapy.
8		As used in this Section: ,
9		"Proton "proton beam therapy" means a type of radiation
10		therapy treatment that utilizes protons as the radiation
11		delivery method for the treatment of tumors and cancerous
12		cells.
13		"Radiation therapy treatment" means the delivery of
14		biological effective doses with proton therapy, intensity
15		modulated radiation therapy, brachytherapy, stereotactic body
16		radiation therapy, three-dimensional conformal radiation
17		therapy, or other forms of therapy using radiation.
18		(Source: P.A. 103-325, eff. 1-1-24; revised 1-2-24.)
19		(305 ILCS 5/5A-12.7)
20		(Section scheduled to be repealed on December 31, 2026)
21		Sec. 5A-12.7. Continuation of hospital access payments on
22		and after July 1, 2020.
23		(a) To preserve and improve access to hospital services,
24		for hospital services rendered on and after July 1, 2020, the

HB4844 Engrossed - 1415 - LRB103 39009 AMC 69146 b
1		Department shall, except for hospitals described in subsection
2		(b) of Section 5A-3, make payments to hospitals or require
3		capitated managed care organizations to make payments as set
4		forth in this Section. Payments under this Section are not due
5		and payable, however, until: (i) the methodologies described
6		in this Section are approved by the federal government in an
7		appropriate State Plan amendment or directed payment preprint;
8		and (ii) the assessment imposed under this Article is
9		determined to be a permissible tax under Title XIX of the
10		Social Security Act. In determining the hospital access
11		payments authorized under subsection (g) of this Section, if a
12		hospital ceases to qualify for payments from the pool, the
13		payments for all hospitals continuing to qualify for payments
14		from such pool shall be uniformly adjusted to fully expend the
15		aggregate net amount of the pool, with such adjustment being
16		effective on the first day of the second month following the
17		date the hospital ceases to receive payments from such pool.
18		(b) Amounts moved into claims-based rates and distributed
19		in accordance with Section 14-12 shall remain in those
20		claims-based rates.
21		(c) Graduate medical education.
22		(1) The calculation of graduate medical education
23		payments shall be based on the hospital's Medicare cost
24		report ending in Calendar Year 2018, as reported in the
25		Healthcare Cost Report Information System file, release
26		date September 30, 2019. An Illinois hospital reporting

HB4844 Engrossed - 1416 - LRB103 39009 AMC 69146 b
1		intern and resident cost on its Medicare cost report shall
2		be eligible for graduate medical education payments.
3		(2) Each hospital's annualized Medicaid Intern
4		Resident Cost is calculated using annualized intern and
5		resident total costs obtained from Worksheet B Part I,
6		Columns 21 and 22 the sum of Lines 30-43, 50-76, 90-93,
7		96-98, and 105-112 multiplied by the percentage that the
8		hospital's Medicaid days (Worksheet S3 Part I, Column 7,
9		Lines 2, 3, 4, 14, 16-18, and 32) comprise of the
10		hospital's total days (Worksheet S3 Part I, Column 8,
11		Lines 14, 16-18, and 32).
12		(3) An annualized Medicaid indirect medical education
13		(IME) payment is calculated for each hospital using its
14		IME payments (Worksheet E Part A, Line 29, Column 1)
15		multiplied by the percentage that its Medicaid days
16		(Worksheet S3 Part I, Column 7, Lines 2, 3, 4, 14, 16-18,
17		and 32) comprise of its Medicare days (Worksheet S3 Part
18		I, Column 6, Lines 2, 3, 4, 14, and 16-18).
19		(4) For each hospital, its annualized Medicaid Intern
20		Resident Cost and its annualized Medicaid IME payment are
21		summed, and, except as capped at 120% of the average cost
22		per intern and resident for all qualifying hospitals as
23		calculated under this paragraph, is multiplied by the
24		applicable reimbursement factor as described in this
25		paragraph, to determine the hospital's final graduate
26		medical education payment. Each hospital's average cost

HB4844 Engrossed - 1417 - LRB103 39009 AMC 69146 b
1		per intern and resident shall be calculated by summing its
2		total annualized Medicaid Intern Resident Cost plus its
3		annualized Medicaid IME payment and dividing that amount
4		by the hospital's total Full Time Equivalent Residents and
5		Interns. If the hospital's average per intern and resident
6		cost is greater than 120% of the same calculation for all
7		qualifying hospitals, the hospital's per intern and
8		resident cost shall be capped at 120% of the average cost
9		for all qualifying hospitals.
10		(A) For the period of July 1, 2020 through
11		December 31, 2022, the applicable reimbursement factor
12		shall be 22.6%.
13		(B) For the period of January 1, 2023 through
14		December 31, 2026, the applicable reimbursement factor
15		shall be 35% for all qualified safety-net hospitals,
16		as defined in Section 5-5e.1 of this Code, and all
17		hospitals with 100 or more Full Time Equivalent
18		Residents and Interns, as reported on the hospital's
19		Medicare cost report ending in Calendar Year 2018, and
20		for all other qualified hospitals the applicable
21		reimbursement factor shall be 30%.
22		(d) Fee-for-service supplemental payments. For the period
23		of July 1, 2020 through December 31, 2022, each Illinois
24		hospital shall receive an annual payment equal to the amounts
25		below, to be paid in 12 equal installments on or before the
26		seventh State business day of each month, except that no

HB4844 Engrossed - 1418 - LRB103 39009 AMC 69146 b
1		payment shall be due within 30 days after the later of the date
2		of notification of federal approval of the payment
3		methodologies required under this Section or any waiver
4		required under 42 CFR 433.68, at which time the sum of amounts
5		required under this Section prior to the date of notification
6		is due and payable.
7		(1) For critical access hospitals, $385 per covered
8		inpatient day contained in paid fee-for-service claims and
9		$530 per paid fee-for-service outpatient claim for dates
10		of service in Calendar Year 2019 in the Department's
11		Enterprise Data Warehouse as of May 11, 2020.
12		(2) For safety-net hospitals, $960 per covered
13		inpatient day contained in paid fee-for-service claims and
14		$625 per paid fee-for-service outpatient claim for dates
15		of service in Calendar Year 2019 in the Department's
16		Enterprise Data Warehouse as of May 11, 2020.
17		(3) For long term acute care hospitals, $295 per
18		covered inpatient day contained in paid fee-for-service
19		claims for dates of service in Calendar Year 2019 in the
20		Department's Enterprise Data Warehouse as of May 11, 2020.
21		(4) For freestanding psychiatric hospitals, $125 per
22		covered inpatient day contained in paid fee-for-service
23		claims and $130 per paid fee-for-service outpatient claim
24		for dates of service in Calendar Year 2019 in the
25		Department's Enterprise Data Warehouse as of May 11, 2020.
26		(5) For freestanding rehabilitation hospitals, $355

HB4844 Engrossed - 1419 - LRB103 39009 AMC 69146 b
1		per covered inpatient day contained in paid
2		fee-for-service claims for dates of service in Calendar
3		Year 2019 in the Department's Enterprise Data Warehouse as
4		of May 11, 2020.
5		(6) For all general acute care hospitals and high
6		Medicaid hospitals as defined in subsection (f), $350 per
7		covered inpatient day for dates of service in Calendar
8		Year 2019 contained in paid fee-for-service claims and
9		$620 per paid fee-for-service outpatient claim in the
10		Department's Enterprise Data Warehouse as of May 11, 2020.
11		(7) Alzheimer's treatment access payment. Each
12		Illinois academic medical center or teaching hospital, as
13		defined in Section 5-5e.2 of this Code, that is identified
14		as the primary hospital affiliate of one of the Regional
15		Alzheimer's Disease Assistance Centers, as designated by
16		the Alzheimer's Disease Assistance Act and identified in
17		the Department of Public Health's Alzheimer's Disease
18		State Plan dated December 2016, shall be paid an
19		Alzheimer's treatment access payment equal to the product
20		of the qualifying hospital's State Fiscal Year 2018 total
21		inpatient fee-for-service days multiplied by the
22		applicable Alzheimer's treatment rate of $226.30 for
23		hospitals located in Cook County and $116.21 for hospitals
24		located outside Cook County.
25		(d-2) Fee-for-service supplemental payments. Beginning
26		January 1, 2023, each Illinois hospital shall receive an

HB4844 Engrossed - 1420 - LRB103 39009 AMC 69146 b
1		annual payment equal to the amounts listed below, to be paid in
2		12 equal installments on or before the seventh State business
3		day of each month, except that no payment shall be due within
4		30 days after the later of the date of notification of federal
5		approval of the payment methodologies required under this
6		Section or any waiver required under 42 CFR 433.68, at which
7		time the sum of amounts required under this Section prior to
8		the date of notification is due and payable. The Department
9		may adjust the rates in paragraphs (1) through (7) to comply
10		with the federal upper payment limits, with such adjustments
11		being determined so that the total estimated spending by
12		hospital class, under such adjusted rates, remains
13		substantially similar to the total estimated spending under
14		the original rates set forth in this subsection.
15		(1) For critical access hospitals, as defined in
16		subsection (f), $750 per covered inpatient day contained
17		in paid fee-for-service claims and $750 per paid
18		fee-for-service outpatient claim for dates of service in
19		Calendar Year 2019 in the Department's Enterprise Data
20		Warehouse as of August 6, 2021.
21		(2) For safety-net hospitals, as described in
22		subsection (f), $1,350 per inpatient day contained in paid
23		fee-for-service claims and $1,350 per paid fee-for-service
24		outpatient claim for dates of service in Calendar Year
25		2019 in the Department's Enterprise Data Warehouse as of
26		August 6, 2021.

HB4844 Engrossed - 1421 - LRB103 39009 AMC 69146 b
1		(3) For long term acute care hospitals, $550 per
2		covered inpatient day contained in paid fee-for-service
3		claims for dates of service in Calendar Year 2019 in the
4		Department's Enterprise Data Warehouse as of August 6,
5		2021.
6		(4) For freestanding psychiatric hospitals, $200 per
7		covered inpatient day contained in paid fee-for-service
8		claims and $200 per paid fee-for-service outpatient claim
9		for dates of service in Calendar Year 2019 in the
10		Department's Enterprise Data Warehouse as of August 6,
11		2021.
12		(5) For freestanding rehabilitation hospitals, $550
13		per covered inpatient day contained in paid
14		fee-for-service claims and $125 per paid fee-for-service
15		outpatient claim for dates of service in Calendar Year
16		2019 in the Department's Enterprise Data Warehouse as of
17		August 6, 2021.
18		(6) For all general acute care hospitals and high
19		Medicaid hospitals as defined in subsection (f), $500 per
20		covered inpatient day for dates of service in Calendar
21		Year 2019 contained in paid fee-for-service claims and
22		$500 per paid fee-for-service outpatient claim in the
23		Department's Enterprise Data Warehouse as of August 6,
24		2021.
25		(7) For public hospitals, as defined in subsection
26		(f), $275 per covered inpatient day contained in paid

HB4844 Engrossed - 1422 - LRB103 39009 AMC 69146 b
1		fee-for-service claims and $275 per paid fee-for-service
2		outpatient claim for dates of service in Calendar Year
3		2019 in the Department's Enterprise Data Warehouse as of
4		August 6, 2021.
5		(8) Alzheimer's treatment access payment. Each
6		Illinois academic medical center or teaching hospital, as
7		defined in Section 5-5e.2 of this Code, that is identified
8		as the primary hospital affiliate of one of the Regional
9		Alzheimer's Disease Assistance Centers, as designated by
10		the Alzheimer's Disease Assistance Act and identified in
11		the Department of Public Health's Alzheimer's Disease
12		State Plan dated December 2016, shall be paid an
13		Alzheimer's treatment access payment equal to the product
14		of the qualifying hospital's Calendar Year 2019 total
15		inpatient fee-for-service days, in the Department's
16		Enterprise Data Warehouse as of August 6, 2021, multiplied
17		by the applicable Alzheimer's treatment rate of $244.37
18		for hospitals located in Cook County and $312.03 for
19		hospitals located outside Cook County.
20		(e) The Department shall require managed care
21		organizations (MCOs) to make directed payments and
22		pass-through payments according to this Section. Each calendar
23		year, the Department shall require MCOs to pay the maximum
24		amount out of these funds as allowed as pass-through payments
25		under federal regulations. The Department shall require MCOs
26		to make such pass-through payments as specified in this

HB4844 Engrossed - 1423 - LRB103 39009 AMC 69146 b
1		Section. The Department shall require the MCOs to pay the
2		remaining amounts as directed Payments as specified in this
3		Section. The Department shall issue payments to the
4		Comptroller by the seventh business day of each month for all
5		MCOs that are sufficient for MCOs to make the directed
6		payments and pass-through payments according to this Section.
7		The Department shall require the MCOs to make pass-through
8		payments and directed payments using electronic funds
9		transfers (EFT), if the hospital provides the information
10		necessary to process such EFTs, in accordance with directions
11		provided monthly by the Department, within 7 business days of
12		the date the funds are paid to the MCOs, as indicated by the
13		"Paid Date" on the website of the Office of the Comptroller if
14		the funds are paid by EFT and the MCOs have received directed
15		payment instructions. If funds are not paid through the
16		Comptroller by EFT, payment must be made within 7 business
17		days of the date actually received by the MCO. The MCO will be
18		considered to have paid the pass-through payments when the
19		payment remittance number is generated or the date the MCO
20		sends the check to the hospital, if EFT information is not
21		supplied. If an MCO is late in paying a pass-through payment or
22		directed payment as required under this Section (including any
23		extensions granted by the Department), it shall pay a penalty,
24		unless waived by the Department for reasonable cause, to the
25		Department equal to 5% of the amount of the pass-through
26		payment or directed payment not paid on or before the due date

HB4844 Engrossed - 1424 - LRB103 39009 AMC 69146 b
1		plus 5% of the portion thereof remaining unpaid on the last day
2		of each 30-day period thereafter. Payments to MCOs that would
3		be paid consistent with actuarial certification and enrollment
4		in the absence of the increased capitation payments under this
5		Section shall not be reduced as a consequence of payments made
6		under this subsection. The Department shall publish and
7		maintain on its website for a period of no less than 8 calendar
8		quarters, the quarterly calculation of directed payments and
9		pass-through payments owed to each hospital from each MCO. All
10		calculations and reports shall be posted no later than the
11		first day of the quarter for which the payments are to be
12		issued.
13		(f)(1) For purposes of allocating the funds included in
14		capitation payments to MCOs, Illinois hospitals shall be
15		divided into the following classes as defined in
16		administrative rules:
17		(A) Beginning July 1, 2020 through December 31, 2022,
18		critical access hospitals. Beginning January 1, 2023,
19		"critical access hospital" means a hospital designated by
20		the Department of Public Health as a critical access
21		hospital, excluding any hospital meeting the definition of
22		a public hospital in subparagraph (F).
23		(B) Safety-net hospitals, except that stand-alone
24		children's hospitals that are not specialty children's
25		hospitals will not be included. For the calendar year
26		beginning January 1, 2023, and each calendar year

HB4844 Engrossed - 1425 - LRB103 39009 AMC 69146 b
1		thereafter, assignment to the safety-net class shall be
2		based on the annual safety-net rate year beginning 15
3		months before the beginning of the first Payout Quarter of
4		the calendar year.
5		(C) Long term acute care hospitals.
6		(D) Freestanding psychiatric hospitals.
7		(E) Freestanding rehabilitation hospitals.
8		(F) Beginning January 1, 2023, "public hospital" means
9		a hospital that is owned or operated by an Illinois
10		Government body or municipality, excluding a hospital
11		provider that is a State agency, a State university, or a
12		county with a population of 3,000,000 or more.
13		(G) High Medicaid hospitals.
14		(i) As used in this Section, "high Medicaid
15		hospital" means a general acute care hospital that:
16		(I) For the payout periods July 1, 2020
17		through December 31, 2022, is not a safety-net
18		hospital or critical access hospital and that has
19		a Medicaid Inpatient Utilization Rate above 30% or
20		a hospital that had over 35,000 inpatient Medicaid
21		days during the applicable period. For the period
22		July 1, 2020 through December 31, 2020, the
23		applicable period for the Medicaid Inpatient
24		Utilization Rate (MIUR) is the rate year 2020 MIUR
25		and for the number of inpatient days it is State
26		fiscal year 2018. Beginning in calendar year 2021,

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1		the Department shall use the most recently
2		determined MIUR, as defined in subsection (h) of
3		Section 5-5.02, and for the inpatient day
4		threshold, the State fiscal year ending 18 months
5		prior to the beginning of the calendar year. For
6		purposes of calculating MIUR under this Section,
7		children's hospitals and affiliated general acute
8		care hospitals shall be considered a single
9		hospital.
10		(II) For the calendar year beginning January
11		1, 2023, and each calendar year thereafter, is not
12		a public hospital, safety-net hospital, or
13		critical access hospital and that qualifies as a
14		regional high volume hospital or is a hospital
15		that has a Medicaid Inpatient Utilization Rate
16		(MIUR) above 30%. As used in this item, "regional
17		high volume hospital" means a hospital which ranks
18		in the top 2 quartiles based on total hospital
19		services volume, of all eligible general acute
20		care hospitals, when ranked in descending order
21		based on total hospital services volume, within
22		the same Medicaid managed care region, as
23		designated by the Department, as of January 1,
24		2022. As used in this item, "total hospital
25		services volume" means the total of all Medical
26		Assistance hospital inpatient admissions plus all

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1		Medical Assistance hospital outpatient visits. For
2		purposes of determining regional high volume
3		hospital inpatient admissions and outpatient
4		visits, the Department shall use dates of service
5		provided during State Fiscal Year 2020 for the
6		Payout Quarter beginning January 1, 2023. The
7		Department shall use dates of service from the
8		State fiscal year ending 18 month before the
9		beginning of the first Payout Quarter of the
10		subsequent annual determination period.
11		(ii) For the calendar year beginning January 1,
12		2023, the Department shall use the Rate Year 2022
13		Medicaid inpatient utilization rate (MIUR), as defined
14		in subsection (h) of Section 5-5.02. For each
15		subsequent annual determination, the Department shall
16		use the MIUR applicable to the rate year ending
17		September 30 of the year preceding the beginning of
18		the calendar year.
19		(H) General acute care hospitals. As used under this
20		Section, "general acute care hospitals" means all other
21		Illinois hospitals not identified in subparagraphs (A)
22		through (G).
23		(2) Hospitals' qualification for each class shall be
24		assessed prior to the beginning of each calendar year and the
25		new class designation shall be effective January 1 of the next
26		year. The Department shall publish by rule the process for

HB4844 Engrossed - 1428 - LRB103 39009 AMC 69146 b
1		establishing class determination.
2		(3) Beginning January 1, 2024, the Department may reassign
3		hospitals or entire hospital classes as defined above, if
4		federal limits on the payments to the class to which the
5		hospitals are assigned based on the criteria in this
6		subsection prevent the Department from making payments to the
7		class that would otherwise be due under this Section. The
8		Department shall publish the criteria and composition of each
9		new class based on the reassignments, and the projected impact
10		on payments to each hospital under the new classes on its
11		website by November 15 of the year before the year in which the
12		class changes become effective.
13		(g) Fixed pool directed payments. Beginning July 1, 2020,
14		the Department shall issue payments to MCOs which shall be
15		used to issue directed payments to qualified Illinois
16		safety-net hospitals and critical access hospitals on a
17		monthly basis in accordance with this subsection. Prior to the
18		beginning of each Payout Quarter beginning July 1, 2020, the
19		Department shall use encounter claims data from the
20		Determination Quarter, accepted by the Department's Medicaid
21		Management Information System for inpatient and outpatient
22		services rendered by safety-net hospitals and critical access
23		hospitals to determine a quarterly uniform per unit add-on for
24		each hospital class.
25		(1) Inpatient per unit add-on. A quarterly uniform per
26		diem add-on shall be derived by dividing the quarterly

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1		Inpatient Directed Payments Pool amount allocated to the
2		applicable hospital class by the total inpatient days
3		contained on all encounter claims received during the
4		Determination Quarter, for all hospitals in the class.
5		(A) Each hospital in the class shall have a
6		quarterly inpatient directed payment calculated that
7		is equal to the product of the number of inpatient days
8		attributable to the hospital used in the calculation
9		of the quarterly uniform class per diem add-on,
10		multiplied by the calculated applicable quarterly
11		uniform class per diem add-on of the hospital class.
12		(B) Each hospital shall be paid 1/3 of its
13		quarterly inpatient directed payment in each of the 3
14		months of the Payout Quarter, in accordance with
15		directions provided to each MCO by the Department.
16		(2) Outpatient per unit add-on. A quarterly uniform
17		per claim add-on shall be derived by dividing the
18		quarterly Outpatient Directed Payments Pool amount
19		allocated to the applicable hospital class by the total
20		outpatient encounter claims received during the
21		Determination Quarter, for all hospitals in the class.
22		(A) Each hospital in the class shall have a
23		quarterly outpatient directed payment calculated that
24		is equal to the product of the number of outpatient
25		encounter claims attributable to the hospital used in
26		the calculation of the quarterly uniform class per

HB4844 Engrossed - 1430 - LRB103 39009 AMC 69146 b
1		claim add-on, multiplied by the calculated applicable
2		quarterly uniform class per claim add-on of the
3		hospital class.
4		(B) Each hospital shall be paid 1/3 of its
5		quarterly outpatient directed payment in each of the 3
6		months of the Payout Quarter, in accordance with
7		directions provided to each MCO by the Department.
8		(3) Each MCO shall pay each hospital the Monthly
9		Directed Payment as identified by the Department on its
10		quarterly determination report.
11		(4) Definitions. As used in this subsection:
12		(A) "Payout Quarter" means each 3 month calendar
13		quarter, beginning July 1, 2020.
14		(B) "Determination Quarter" means each 3 month
15		calendar quarter, which ends 3 months prior to the
16		first day of each Payout Quarter.
17		(5) For the period July 1, 2020 through December 2020,
18		the following amounts shall be allocated to the following
19		hospital class directed payment pools for the quarterly
20		development of a uniform per unit add-on:
21		(A) $2,894,500 for hospital inpatient services for
22		critical access hospitals.
23		(B) $4,294,374 for hospital outpatient services
24		for critical access hospitals.
25		(C) $29,109,330 for hospital inpatient services
26		for safety-net hospitals.

HB4844 Engrossed - 1431 - LRB103 39009 AMC 69146 b
1		(D) $35,041,218 for hospital outpatient services
2		for safety-net hospitals.
3		(6) For the period January 1, 2023 through December
4		31, 2023, the Department shall establish the amounts that
5		shall be allocated to the hospital class directed payment
6		fixed pools identified in this paragraph for the quarterly
7		development of a uniform per unit add-on. The Department
8		shall establish such amounts so that the total amount of
9		payments to each hospital under this Section in calendar
10		year 2023 is projected to be substantially similar to the
11		total amount of such payments received by the hospital
12		under this Section in calendar year 2021, adjusted for
13		increased funding provided for fixed pool directed
14		payments under subsection (g) in calendar year 2022,
15		assuming that the volume and acuity of claims are held
16		constant. The Department shall publish the directed
17		payment fixed pool amounts to be established under this
18		paragraph on its website by November 15, 2022.
19		(A) Hospital inpatient services for critical
20		access hospitals.
21		(B) Hospital outpatient services for critical
22		access hospitals.
23		(C) Hospital inpatient services for public
24		hospitals.
25		(D) Hospital outpatient services for public
26		hospitals.

HB4844 Engrossed - 1432 - LRB103 39009 AMC 69146 b
1		(E) Hospital inpatient services for safety-net
2		hospitals.
3		(F) Hospital outpatient services for safety-net
4		hospitals.
5		(7) Semi-annual rate maintenance review. The
6		Department shall ensure that hospitals assigned to the
7		fixed pools in paragraph (6) are paid no less than 95% of
8		the annual initial rate for each 6-month period of each
9		annual payout period. For each calendar year, the
10		Department shall calculate the annual initial rate per day
11		and per visit for each fixed pool hospital class listed in
12		paragraph (6), by dividing the total of all applicable
13		inpatient or outpatient directed payments issued in the
14		preceding calendar year to the hospitals in each fixed
15		pool class for the calendar year, plus any increase
16		resulting from the annual adjustments described in
17		subsection (i), by the actual applicable total service
18		units for the preceding calendar year which were the basis
19		of the total applicable inpatient or outpatient directed
20		payments issued to the hospitals in each fixed pool class
21		in the calendar year, except that for calendar year 2023,
22		the service units from calendar year 2021 shall be used.
23		(A) The Department shall calculate the effective
24		rate, per day and per visit, for the payout periods of
25		January to June and July to December of each year, for
26		each fixed pool listed in paragraph (6), by dividing

HB4844 Engrossed - 1433 - LRB103 39009 AMC 69146 b
1		50% of the annual pool by the total applicable
2		reported service units for the 2 applicable
3		determination quarters.
4		(B) If the effective rate calculated in
5		subparagraph (A) is less than 95% of the annual
6		initial rate assigned to the class for each pool under
7		paragraph (6), the Department shall adjust the payment
8		for each hospital to a level equal to no less than 95%
9		of the annual initial rate, by issuing a retroactive
10		adjustment payment for the 6-month period under review
11		as identified in subparagraph (A).
12		(h) Fixed rate directed payments. Effective July 1, 2020,
13		the Department shall issue payments to MCOs which shall be
14		used to issue directed payments to Illinois hospitals not
15		identified in paragraph (g) on a monthly basis. Prior to the
16		beginning of each Payout Quarter beginning July 1, 2020, the
17		Department shall use encounter claims data from the
18		Determination Quarter, accepted by the Department's Medicaid
19		Management Information System for inpatient and outpatient
20		services rendered by hospitals in each hospital class
21		identified in paragraph (f) and not identified in paragraph
22		(g). For the period July 1, 2020 through December 2020, the
23		Department shall direct MCOs to make payments as follows:
24		(1) For general acute care hospitals an amount equal
25		to $1,750 multiplied by the hospital's category of service
26		20 case mix index for the determination quarter multiplied

HB4844 Engrossed - 1434 - LRB103 39009 AMC 69146 b
1		by the hospital's total number of inpatient admissions for
2		category of service 20 for the determination quarter.
3		(2) For general acute care hospitals an amount equal
4		to $160 multiplied by the hospital's category of service
5		21 case mix index for the determination quarter multiplied
6		by the hospital's total number of inpatient admissions for
7		category of service 21 for the determination quarter.
8		(3) For general acute care hospitals an amount equal
9		to $80 multiplied by the hospital's category of service 22
10		case mix index for the determination quarter multiplied by
11		the hospital's total number of inpatient admissions for
12		category of service 22 for the determination quarter.
13		(4) For general acute care hospitals an amount equal
14		to $375 multiplied by the hospital's category of service
15		24 case mix index for the determination quarter multiplied
16		by the hospital's total number of category of service 24
17		paid EAPG (EAPGs) for the determination quarter.
18		(5) For general acute care hospitals an amount equal
19		to $240 multiplied by the hospital's category of service
20		27 and 28 case mix index for the determination quarter
21		multiplied by the hospital's total number of category of
22		service 27 and 28 paid EAPGs for the determination
23		quarter.
24		(6) For general acute care hospitals an amount equal
25		to $290 multiplied by the hospital's category of service
26		29 case mix index for the determination quarter multiplied

HB4844 Engrossed - 1435 - LRB103 39009 AMC 69146 b
1		by the hospital's total number of category of service 29
2		paid EAPGs for the determination quarter.
3		(7) For high Medicaid hospitals an amount equal to
4		$1,800 multiplied by the hospital's category of service 20
5		case mix index for the determination quarter multiplied by
6		the hospital's total number of inpatient admissions for
7		category of service 20 for the determination quarter.
8		(8) For high Medicaid hospitals an amount equal to
9		$160 multiplied by the hospital's category of service 21
10		case mix index for the determination quarter multiplied by
11		the hospital's total number of inpatient admissions for
12		category of service 21 for the determination quarter.
13		(9) For high Medicaid hospitals an amount equal to $80
14		multiplied by the hospital's category of service 22 case
15		mix index for the determination quarter multiplied by the
16		hospital's total number of inpatient admissions for
17		category of service 22 for the determination quarter.
18		(10) For high Medicaid hospitals an amount equal to
19		$400 multiplied by the hospital's category of service 24
20		case mix index for the determination quarter multiplied by
21		the hospital's total number of category of service 24 paid
22		EAPG outpatient claims for the determination quarter.
23		(11) For high Medicaid hospitals an amount equal to
24		$240 multiplied by the hospital's category of service 27
25		and 28 case mix index for the determination quarter
26		multiplied by the hospital's total number of category of

HB4844 Engrossed - 1436 - LRB103 39009 AMC 69146 b
1		service 27 and 28 paid EAPGs for the determination
2		quarter.
3		(12) For high Medicaid hospitals an amount equal to
4		$290 multiplied by the hospital's category of service 29
5		case mix index for the determination quarter multiplied by
6		the hospital's total number of category of service 29 paid
7		EAPGs for the determination quarter.
8		(13) For long term acute care hospitals the amount of
9		$495 multiplied by the hospital's total number of
10		inpatient days for the determination quarter.
11		(14) For psychiatric hospitals the amount of $210
12		multiplied by the hospital's total number of inpatient
13		days for category of service 21 for the determination
14		quarter.
15		(15) For psychiatric hospitals the amount of $250
16		multiplied by the hospital's total number of outpatient
17		claims for category of service 27 and 28 for the
18		determination quarter.
19		(16) For rehabilitation hospitals the amount of $410
20		multiplied by the hospital's total number of inpatient
21		days for category of service 22 for the determination
22		quarter.
23		(17) For rehabilitation hospitals the amount of $100
24		multiplied by the hospital's total number of outpatient
25		claims for category of service 29 for the determination
26		quarter.

HB4844 Engrossed - 1437 - LRB103 39009 AMC 69146 b
1		(18) Effective for the Payout Quarter beginning
2		January 1, 2023, for the directed payments to hospitals
3		required under this subsection, the Department shall
4		establish the amounts that shall be used to calculate such
5		directed payments using the methodologies specified in
6		this paragraph. The Department shall use a single, uniform
7		rate, adjusted for acuity as specified in paragraphs (1)
8		through (12), for all categories of inpatient services
9		provided by each class of hospitals and a single uniform
10		rate, adjusted for acuity as specified in paragraphs (1)
11		through (12), for all categories of outpatient services
12		provided by each class of hospitals. The Department shall
13		establish such amounts so that the total amount of
14		payments to each hospital under this Section in calendar
15		year 2023 is projected to be substantially similar to the
16		total amount of such payments received by the hospital
17		under this Section in calendar year 2021, adjusted for
18		increased funding provided for fixed pool directed
19		payments under subsection (g) in calendar year 2022,
20		assuming that the volume and acuity of claims are held
21		constant. The Department shall publish the directed
22		payment amounts to be established under this subsection on
23		its website by November 15, 2022.
24		(19) Each hospital shall be paid 1/3 of their
25		quarterly inpatient and outpatient directed payment in
26		each of the 3 months of the Payout Quarter, in accordance

HB4844 Engrossed - 1438 - LRB103 39009 AMC 69146 b
1		with directions provided to each MCO by the Department.
2		(20) Each MCO shall pay each hospital the Monthly
3		Directed Payment amount as identified by the Department on
4		its quarterly determination report.
5		Notwithstanding any other provision of this subsection, if
6		the Department determines that the actual total hospital
7		utilization data that is used to calculate the fixed rate
8		directed payments is substantially different than anticipated
9		when the rates in this subsection were initially determined
10		for unforeseeable circumstances (such as the COVID-19 pandemic
11		or some other public health emergency), the Department may
12		adjust the rates specified in this subsection so that the
13		total directed payments approximate the total spending amount
14		anticipated when the rates were initially established.
15		Definitions. As used in this subsection:
16		(A) "Payout Quarter" means each calendar quarter,
17		beginning July 1, 2020.
18		(B) "Determination Quarter" means each calendar
19		quarter which ends 3 months prior to the first day of
20		each Payout Quarter.
21		(C) "Case mix index" means a hospital specific
22		calculation. For inpatient claims the case mix index
23		is calculated each quarter by summing the relative
24		weight of all inpatient Diagnosis-Related Group (DRG)
25		claims for a category of service in the applicable
26		Determination Quarter and dividing the sum by the

HB4844 Engrossed - 1439 - LRB103 39009 AMC 69146 b
1		number of sum total of all inpatient DRG admissions
2		for the category of service for the associated claims.
3		The case mix index for outpatient claims is calculated
4		each quarter by summing the relative weight of all
5		paid EAPGs in the applicable Determination Quarter and
6		dividing the sum by the sum total of paid EAPGs for the
7		associated claims.
8		(i) Beginning January 1, 2021, the rates for directed
9		payments shall be recalculated in order to spend the
10		additional funds for directed payments that result from
11		reduction in the amount of pass-through payments allowed under
12		federal regulations. The additional funds for directed
13		payments shall be allocated proportionally to each class of
14		hospitals based on that class' proportion of services.
15		(1) Beginning January 1, 2024, the fixed pool directed
16		payment amounts and the associated annual initial rates
17		referenced in paragraph (6) of subsection (f) for each
18		hospital class shall be uniformly increased by a ratio of
19		not less than, the ratio of the total pass-through
20		reduction amount pursuant to paragraph (4) of subsection
21		(j), for the hospitals comprising the hospital fixed pool
22		directed payment class for the next calendar year, to the
23		total inpatient and outpatient directed payments for the
24		hospitals comprising the hospital fixed pool directed
25		payment class paid during the preceding calendar year.
26		(2) Beginning January 1, 2024, the fixed rates for the

HB4844 Engrossed - 1440 - LRB103 39009 AMC 69146 b
1		directed payments referenced in paragraph (18) of
2		subsection (h) for each hospital class shall be uniformly
3		increased by a ratio of not less than, the ratio of the
4		total pass-through reduction amount pursuant to paragraph
5		(4) of subsection (j), for the hospitals comprising the
6		hospital directed payment class for the next calendar
7		year, to the total inpatient and outpatient directed
8		payments for the hospitals comprising the hospital fixed
9		rate directed payment class paid during the preceding
10		calendar year.
11		(j) Pass-through payments.
12		(1) For the period July 1, 2020 through December 31,
13		2020, the Department shall assign quarterly pass-through
14		payments to each class of hospitals equal to one-fourth of
15		the following annual allocations:
16		(A) $390,487,095 to safety-net hospitals.
17		(B) $62,553,886 to critical access hospitals.
18		(C) $345,021,438 to high Medicaid hospitals.
19		(D) $551,429,071 to general acute care hospitals.
20		(E) $27,283,870 to long term acute care hospitals.
21		(F) $40,825,444 to freestanding psychiatric
22		hospitals.
23		(G) $9,652,108 to freestanding rehabilitation
24		hospitals.
25		(2) For the period of July 1, 2020 through December
26		31, 2020, the pass-through payments shall at a minimum

HB4844 Engrossed - 1441 - LRB103 39009 AMC 69146 b
1		ensure hospitals receive a total amount of monthly
2		payments under this Section as received in calendar year
3		2019 in accordance with this Article and paragraph (1) of
4		subsection (d-5) of Section 14-12, exclusive of amounts
5		received through payments referenced in subsection (b).
6		(3) For the calendar year beginning January 1, 2023,
7		the Department shall establish the annual pass-through
8		allocation to each class of hospitals and the pass-through
9		payments to each hospital so that the total amount of
10		payments to each hospital under this Section in calendar
11		year 2023 is projected to be substantially similar to the
12		total amount of such payments received by the hospital
13		under this Section in calendar year 2021, adjusted for
14		increased funding provided for fixed pool directed
15		payments under subsection (g) in calendar year 2022,
16		assuming that the volume and acuity of claims are held
17		constant. The Department shall publish the pass-through
18		allocation to each class and the pass-through payments to
19		each hospital to be established under this subsection on
20		its website by November 15, 2022.
21		(4) For the calendar years beginning January 1, 2021
22		and January 1, 2022, each hospital's pass-through payment
23		amount shall be reduced proportionally to the reduction of
24		all pass-through payments required by federal regulations.
25		Beginning January 1, 2024, the Department shall reduce
26		total pass-through payments by the minimum amount

HB4844 Engrossed - 1442 - LRB103 39009 AMC 69146 b
1		necessary to comply with federal regulations. Pass-through
2		payments to safety-net hospitals, as defined in Section
3		5-5e.1 of this Code, shall not be reduced until all
4		pass-through payments to other hospitals have been
5		eliminated. All other hospitals shall have their
6		pass-through payments reduced proportionally.
7		(k) At least 30 days prior to each calendar year, the
8		Department shall notify each hospital of changes to the
9		payment methodologies in this Section, including, but not
10		limited to, changes in the fixed rate directed payment rates,
11		the aggregate pass-through payment amount for all hospitals,
12		and the hospital's pass-through payment amount for the
13		upcoming calendar year.
14		(l) Notwithstanding any other provisions of this Section,
15		the Department may adopt rules to change the methodology for
16		directed and pass-through payments as set forth in this
17		Section, but only to the extent necessary to obtain federal
18		approval of a necessary State Plan amendment or Directed
19		Payment Preprint or to otherwise conform to federal law or
20		federal regulation.
21		(m) As used in this subsection, "managed care
22		organization" or "MCO" means an entity which contracts with
23		the Department to provide services where payment for medical
24		services is made on a capitated basis, excluding contracted
25		entities for dual eligible or Department of Children and
26		Family Services youth populations.

HB4844 Engrossed - 1443 - LRB103 39009 AMC 69146 b
1		(n) In order to address the escalating infant mortality
2		rates among minority communities in Illinois, the State shall,
3		subject to appropriation, create a pool of funding of at least
4		$50,000,000 annually to be disbursed among safety-net
5		hospitals that maintain perinatal designation from the
6		Department of Public Health. The funding shall be used to
7		preserve or enhance OB/GYN services or other specialty
8		services at the receiving hospital, with the distribution of
9		funding to be established by rule and with consideration to
10		perinatal hospitals with safe birthing levels and quality
11		metrics for healthy mothers and babies.
12		(o) In order to address the growing challenges of
13		providing stable access to healthcare in rural Illinois,
14		including perinatal services, behavioral healthcare including
15		substance use disorder services (SUDs) and other specialty
16		services, and to expand access to telehealth services among
17		rural communities in Illinois, the Department of Healthcare
18		and Family Services shall administer a program to provide at
19		least $10,000,000 in financial support annually to critical
20		access hospitals for delivery of perinatal and OB/GYN
21		services, behavioral healthcare including SUDS, other
22		specialty services and telehealth services. The funding shall
23		be used to preserve or enhance perinatal and OB/GYN services,
24		behavioral healthcare including SUDS, other specialty
25		services, as well as the explanation of telehealth services by
26		the receiving hospital, with the distribution of funding to be

HB4844 Engrossed - 1444 - LRB103 39009 AMC 69146 b
1		established by rule.
2		(p) For calendar year 2023, the final amounts, rates, and
3		payments under subsections (c), (d-2), (g), (h), and (j) shall
4		be established by the Department, so that the sum of the total
5		estimated annual payments under subsections (c), (d-2), (g),
6		(h), and (j) for each hospital class for calendar year 2023, is
7		no less than:
8		(1) $858,260,000 to safety-net hospitals.
9		(2) $86,200,000 to critical access hospitals.
10		(3) $1,765,000,000 to high Medicaid hospitals.
11		(4) $673,860,000 to general acute care hospitals.
12		(5) $48,330,000 to long term acute care hospitals.
13		(6) $89,110,000 to freestanding psychiatric hospitals.
14		(7) $24,300,000 to freestanding rehabilitation
15		hospitals.
16		(8) $32,570,000 to public hospitals.
17		(q) Hospital Pandemic Recovery Stabilization Payments. The
18		Department shall disburse a pool of $460,000,000 in stability
19		payments to hospitals prior to April 1, 2023. The allocation
20		of the pool shall be based on the hospital directed payment
21		classes and directed payments issued, during Calendar Year
22		2022 with added consideration to safety net hospitals, as
23		defined in subdivision (f)(1)(B) of this Section, and critical
24		access hospitals.
25		(Source: P.A. 102-4, eff. 4-27-21; 102-16, eff. 6-17-21;
26		102-886, eff. 5-17-22; 102-1115, eff. 1-9-23; 103-102, eff.

HB4844 Engrossed - 1445 - LRB103 39009 AMC 69146 b
1		6-16-23; revised 9-21-23.)
2		(305 ILCS 5/6-9) (from Ch. 23, par. 6-9)
3		Sec. 6-9. (a)(1) A local governmental unit may provide
4		assistance to households under its General Assistance program
5		following a declaration by the President of the United States
6		of a major disaster or emergency pursuant to the Federal
7		Disaster Relief Act of 1974, as now or hereafter amended, if
8		the local governmental unit is within the area designated
9		under the declaration. A local governmental government unit
10		may also provide assistance to households under its General
11		Assistance program following a disaster proclamation issued by
12		the Governor if the local governmental unit is within the area
13		designated under the proclamation. Assistance under this
14		Section may be provided to households which have suffered
15		damage, loss, or hardships as a result of the major disaster or
16		emergency. Assistance under this Section may be provided to
17		households without regard to the eligibility requirements and
18		other requirements of this Code. Assistance under this Section
19		may be provided only during the 90-day period following the
20		date of declaration of a major disaster or emergency.
21		(2) A local governmental unit shall not use State funds to
22		provide assistance under this Section. If a local governmental
23		unit receives State funds to provide General Assistance under
24		this Article, assistance provided by the local governmental
25		unit under this Section shall not be considered in determining

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1		whether a local governmental unit has qualified to receive
2		State funds under Article XII. A local governmental unit which
3		provides assistance under this Section shall not, as a result
4		of payment of such assistance, change the nature or amount of
5		assistance provided to any other individual or family under
6		this Article.
7		(3) This Section shall not apply to any municipality of
8		more than 500,000 population in which a separate program has
9		been established by the Illinois Department under Section 6-1.
10		(b)(1) A local governmental unit may provide assistance to
11		households for food and temporary shelter. To qualify for
12		assistance a household shall submit to the local governmental
13		unit: (A) such application as the local governmental unit may
14		require; (B) a copy of an application to the Federal Emergency
15		Management Agency (hereinafter "FEMA") or the Small Business
16		Administration (hereinafter "SBA") for assistance; (C) such
17		other proof of damage, loss, or hardship as the local
18		governmental unit may require; and (D) an agreement to
19		reimburse the local governmental unit for the amount of any
20		assistance received by the household under this subsection
21		(b).
22		(2) Assistance under this subsection (b) may be in the
23		form of cash or vouchers. The amount of assistance provided to
24		a household in any month under this subsection (b) shall not
25		exceed the maximum amount payable under Section 6-2.
26		(3) No assistance shall be provided to a household after

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1		it receives a determination of its application to FEMA or SBA
2		for assistance.
3		(4) A household which has received assistance under this
4		subsection (b) shall reimburse the local governmental unit in
5		full for any assistance received under this subsection. If the
6		household receives assistance from FEMA or SBA in the form of
7		loans or grants, the household shall reimburse the local
8		governmental unit from those funds. If the household's request
9		for assistance is denied or rejected by the FEMA or SBA, the
10		household shall repay the local governmental unit in
11		accordance with a repayment schedule prescribed by the local
12		governmental unit.
13		(c)(1) A local governmental unit may provide assistance to
14		households for structural repairs to homes or for repair or
15		replacement of home electrical or heating systems, bedding,
16		and food refrigeration equipment. To qualify for assistance a
17		household shall submit to the local governmental unit: (A)
18		such application as the local governmental unit may require;
19		(B) a copy of claim to an insurance company for reimbursement
20		for the damage or loss for which assistance is sought; (C) such
21		other proof of damage, loss, or hardship as the local
22		governmental unit may require; and (D) an agreement to
23		reimburse the local governmental unit for the amount of any
24		assistance received by the household under this subsection
25		(c).
26		(2) Any assistance provided under this subsection (c)

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1		shall be in the form of direct payments to vendors, and shall
2		not be made directly to a household. The total amount of
3		assistance provided to a household under this subsection (c)
4		shall not exceed $1,500.
5		(3) No assistance shall be provided to a household after
6		it receives a determination of its insurance claims.
7		(4) A household which has received assistance under this
8		subsection (c) shall reimburse the local governmental unit in
9		full for any assistance received under this subsection. If the
10		household's insurance claim is approved, the household shall
11		reimburse the local governmental unit from the proceeds. If
12		the household's insurance claim is denied, the household shall
13		repay the local governmental unit in accordance with a
14		repayment schedule prescribed by the local governmental unit.
15		(Source: P.A. 103-192, eff. 1-1-24; revised 1-2-24.)
16		(305 ILCS 5/6-12) (from Ch. 23, par. 6-12)
17		Sec. 6-12. General Assistance not funded by State. General
18		Assistance programs in local governments that do not receive
19		State funds shall continue to be governed by Sections 6-1
20		through 6-10, as applicable, as well as other relevant parts
21		of this Code and other laws. However, notwithstanding any
22		other provision of this Code, any unit of local government
23		that does not receive State funds may implement a General
24		Assistance program that complies with Sections Section 6-11
25		and 6-11a. So long as the program complies with either Section

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1		6-11 or 6-12, the program shall not be deemed out of compliance
2		with or in violation of this Code.
3		(Source: P.A. 103-192, eff. 1-1-24; revised 1-2-24.)
4		(305 ILCS 5/12-4.57)
5		Sec. 12-4.57. Prospective Payment System rates; increase
6		for federally qualified health centers. Beginning January 1,
7		2024, subject to federal approval, the Department of
8		Healthcare and Family Services shall increase the Prospective
9		Payment System rates for federally qualified health centers to
10		a level calculated to spend an additional $50,000,000 in the
11		first year of application using an alternative payment method
12		acceptable to the Centers for Medicare and Medicaid Services
13		and a trade association representing a majority of federally
14		qualified health centers operating in Illinois, including a
15		rate increase that is an equal percentage increase to the
16		rates paid to each federally qualified health center.
17		(Source: P.A. 103-102, eff. 1-1-24.)
18		(305 ILCS 5/12-4.58)
19		Sec. 12-4.58 12-4.57. Stolen SNAP benefits via card
20		skimming; data collection and reports.
21		(a) As the State administrator of benefits provided under
22		the federally funded Supplemental Nutrition Assistance Program
23		(SNAP), the Department of Human Services shall track and
24		collect data on the scope and frequency of SNAP benefits fraud

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1		in this State where a SNAP recipient's benefits are stolen
2		from the recipient's electronic benefits transfer card by
3		means of card skimming, card cloning, or some other similar
4		fraudulent method. The Department shall specifically keep a
5		record of every report made to the Department by a SNAP
6		recipient alleging the theft of benefits due to no fault of the
7		recipient, the benefit amount stolen, and, if practicable, how
8		those stolen benefits were used and the location of those
9		thefts.
10		(b) The Department shall report its findings to the
11		General Assembly on an annual basis beginning on January 1,
12		2024. The Department shall file an annual report no later than
13		the 60th day of the following year following each reporting
14		period. A SNAP recipient's personally identifiable information
15		shall be excluded from the reports consistent with State and
16		federal privacy protections. Each annual report shall also be
17		posted on the Department's official website.
18		(c) If the Department determines that a SNAP recipient has
19		made a substantiated report of stolen benefits due to card
20		skimming, card cloning, or some other similar fraudulent
21		method, the Department shall refer the matter to the State's
22		Attorney who has jurisdiction over the alleged theft or fraud
23		and shall provide any assistance to that State's Attorney in
24		the prosecution of the alleged theft or fraud.
25		(Source: P.A. 103-297, eff. 1-1-24; revised 1-2-24.)

HB4844 Engrossed - 1451 - LRB103 39009 AMC 69146 b
1		Section 450. The Abandoned Newborn Infant Protection Act
2		is amended by changing Sections 10, 30, and 35 as follows:
3		(325 ILCS 2/10)
4		Sec. 10. Definitions. In this Act:
5		"Abandon" has the same meaning as in the Abused and
6		Neglected Child Reporting Act.
7		"Abused child" has the same meaning as in the Abused and
8		Neglected Child Reporting Act.
9		"Child welfare agency" means an Illinois licensed public
10		or private agency that receives a child for the purpose of
11		placing or arranging for the placement of the child in a foster
12		or pre-adoptive family home or other facility for child care,
13		apart from the custody of the child's parents.
14		"Department" or "DCFS" means the Illinois Department of
15		Children and Family Services.
16		"Emergency medical facility" means a freestanding
17		emergency center or trauma center, as defined in the Emergency
18		Medical Services (EMS) Systems Act.
19		"Emergency medical professional" includes licensed
20		physicians, and any emergency medical technician, emergency
21		medical technician-intermediate, advanced emergency medical
22		technician, paramedic, trauma nurse specialist, and
23		pre-hospital registered nurse, as defined in the Emergency
24		Medical Services (EMS) Systems Act.
25		"Fire station" means a fire station within the State with

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1		at least one staff person.
2		"Hospital" has the same meaning as in the Hospital
3		Licensing Act.
4		"Legal custody" means the relationship created by a court
5		order in the best interest of a newborn infant that imposes on
6		the infant's custodian the responsibility of physical
7		possession of the infant, the duty to protect, train, and
8		discipline the infant, and the duty to provide the infant with
9		food, shelter, education, and medical care, except as these
10		are limited by parental rights and responsibilities.
11		"Neglected child" has the same meaning as in the Abused
12		and Neglected Child Reporting Act.
13		"Newborn infant" means a child who a licensed physician
14		reasonably believes is 30 days old or less at the time the
15		child is initially relinquished to a hospital, police station,
16		fire station, or emergency medical facility, and who is not an
17		abused or a neglected child.
18		"Parent" or "biological parent" or "birth parent" means a
19		person who has established maternity or paternity of the
20		newborn infant through genetic testing.
21		"Police station" means a municipal police station, a
22		county sheriff's office, a campus police department located on
23		any college or university owned or controlled by the State or
24		any private college or private university that is not owned or
25		controlled by the State when employees of the campus police
26		department are present, or any of the district headquarters of

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1		the Illinois State Police.
2		"Relinquish" means to bring a newborn infant, who a
3		licensed physician reasonably believes is 30 days old or less,
4		to a hospital, police station, fire station, or emergency
5		medical facility and to leave the infant with personnel of the
6		facility, if the person leaving the infant does not express an
7		intent to return for the infant or states that the person will
8		not return for the infant. In the case of a person who gives
9		birth to an infant in a hospital, the person's act of leaving
10		that newborn infant at the hospital (i) without expressing an
11		intent to return for the infant or (ii) stating that the person
12		will not return for the infant is not a "relinquishment" under
13		this Act.
14		"Temporary protective custody" means the temporary
15		placement of a newborn infant within a hospital or other
16		medical facility out of the custody of the infant's parent.
17		(Source: P.A. 103-22, eff. 8-8-23; 103-501, eff. 1-1-24;
18		revised 9-14-23.)
19		(325 ILCS 2/30)
20		Sec. 30. Anonymity of relinquishing person. If there is
21		no evidence of abuse or neglect of a relinquished newborn
22		infant, the relinquishing person has the right to remain
23		anonymous and to leave the hospital, police station, fire
24		station, or emergency medical facility at any time and not be
25		pursued or followed. Before the relinquishing person leaves

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1		the hospital, police station, fire station, or emergency
2		medical facility, the hospital, police station, fire station,
3		or emergency medical facility personnel shall (i) verbally
4		inform the relinquishing person that by relinquishing the
5		child anonymously, the relinquishing person will have to
6		petition the court if the relinquishing person desires to
7		prevent the termination of parental rights and regain custody
8		of the child and (ii) shall offer the relinquishing person the
9		information packet described in Section 35 of this Act.
10		However, nothing in this Act shall be construed as precluding
11		the relinquishing person from providing the relinquishing
12		person's identity or completing the application forms for the
13		Illinois Adoption Registry and Medical Information Exchange
14		and requesting that the hospital, police station, fire
15		station, or emergency medical facility forward those forms to
16		the Illinois Adoption Registry and Medical Information
17		Exchange.
18		(Source: P.A. 103-22, eff. 8-8-23; revised 9-25-23.)
19		(325 ILCS 2/35)
20		Sec. 35. Information for relinquishing person.
21		(a) The hospital, police station, fire station, or
22		emergency medical facility that receives a newborn infant
23		relinquished in accordance with this Act shall offer to the
24		relinquishing person information about the relinquishment
25		process and, either in writing or by referring such person to a

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1		website or other electronic resource, such information shall
2		state that the relinquishing person's acceptance of the
3		information is completely voluntary. The information packet
4		must include all of the following:
5		(1) (Blank).
6		(2) Written notice of the following:
7		(A) No sooner than 60 days following the date of
8		the initial relinquishment of the infant to a
9		hospital, police station, fire station, or emergency
10		medical facility, the child welfare agency or the
11		Department will commence proceedings for the
12		termination of parental rights and placement of the
13		infant for adoption.
14		(B) Failure of a parent of the infant to contact
15		the Department and petition for the return of custody
16		of the infant before termination of parental rights
17		bars any future action asserting legal rights with
18		respect to the infant.
19		(3) A resource list of providers of counseling
20		services including grief counseling, pregnancy counseling,
21		and counseling regarding adoption and other available
22		options for placement of the infant.
23		Upon request of a parent, the Department of Public Health
24		shall provide the application forms for the Illinois Adoption
25		Registry and Medical Information Exchange.
26		(b) The information offered to a relinquishing person in

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1		accordance with this Act shall include, in addition to other
2		information required under this Act, the following:
3		(1) Information that describes this Act and the rights
4		of birth parents, including an option for the parent to
5		complete and mail to the Department of Children and Family
6		Services a form that shall ask for basic anonymous
7		background information about the relinquished child. This
8		form shall be maintained by the Department on its website.
9		(2) Information about the Illinois Adoption Registry,
10		including a toll-free number and website information.
11		(3) Information about a mother's postpartum health.
12		The information provided in writing or through electronic
13		means shall be designed in coordination between the Office of
14		Vital Records and the Department of Children and Family
15		Services. The Failure to provide such information under this
16		Section or the failure of the relinquishing person to accept
17		such information shall not invalidate the relinquishment under
18		this Act.
19		(Source: P.A. 103-22, eff. 8-8-23; 103-501, eff. 1-1-24;
20		revised 9-15-23.)
21		Section 455. The Abused and Neglected Child Reporting Act
22		is amended by changing Sections 4.5 and 7.4 as follows:
23		(325 ILCS 5/4.5)
24		Sec. 4.5. Electronic and information technology workers;

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1		reporting child pornography.
2		(a) In this Section:
3		"Child pornography" means child pornography as described
4		in Section 11-20.1 of the Criminal Code of 2012.
5		"Electronic and information technology equipment" means
6		equipment used in the creation, manipulation, storage,
7		display, or transmission of data, including internet and
8		intranet systems, software applications, operating systems,
9		video and multimedia, telecommunications products, kiosks,
10		information transaction machines, copiers, printers, and
11		desktop and portable computers.
12		"Electronic and information technology equipment worker"
13		means a person who in the scope and course of the person's
14		employment or business installs, repairs, or otherwise
15		services electronic and information technology equipment for a
16		fee but does not include (i) an employee, independent
17		contractor, or other agent of a telecommunications carrier or
18		telephone or telecommunications cooperative, as those terms
19		are defined in the Public Utilities Act, or (ii) an employee,
20		independent contractor, or other agent of a provider of
21		commercial mobile radio service, as defined in 47 CFR C.F.R.
22		20.3.
23		(b) If an electronic and information technology equipment
24		worker discovers any depiction of child pornography while
25		installing, repairing, or otherwise servicing an item of
26		electronic and information technology equipment, that worker

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1		or the worker's employer shall immediately report the
2		discovery to the local law enforcement agency or to the Cyber
3		Tipline at the National Center for Missing and Exploited
4		Children.
5		(c) If a report is filed in accordance with the
6		requirements of 42 U.S.C. 13032, the requirements of this
7		Section 4.5 will be deemed to have been met.
8		(d) An electronic and information technology equipment
9		worker or electronic and information technology equipment
10		worker's employer who reports a discovery of child pornography
11		as required under this Section is immune from any criminal,
12		civil, or administrative liability in connection with making
13		the report, except for willful or wanton misconduct.
14		(e) Failure to report a discovery of child pornography as
15		required under this Section is a business offense subject to a
16		fine of $1,001.
17		(Source: P.A. 103-22, eff. 8-8-23; revised 9-25-23.)
18		(325 ILCS 5/7.4)
19		Sec. 7.4. (a) The Department shall be capable of receiving
20		reports of suspected child abuse or neglect 24 hours a day, 7
21		days a week. Whenever the Department receives a report
22		alleging that a child is a truant as defined in Section 26-2a
23		of the School Code, as now or hereafter amended, the
24		Department shall notify the superintendent of the school
25		district in which the child resides and the appropriate

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1		superintendent of the educational service region. The
2		notification to the appropriate officials by the Department
3		shall not be considered an allegation of abuse or neglect
4		under this Act.
5		(a-5) The Department of Children and Family Services may
6		implement a "differential response program" in accordance with
7		criteria, standards, and procedures prescribed by rule. The
8		program may provide that, upon receiving a report, the
9		Department shall determine whether to conduct a family
10		assessment or an investigation as appropriate to prevent or
11		provide a remedy for child abuse or neglect.
12		For purposes of this subsection (a-5), "family assessment"
13		means a comprehensive assessment of child safety, risk of
14		subsequent child maltreatment, and family strengths and needs
15		that is applied to a child maltreatment report that does not
16		allege substantial child endangerment. "Family assessment"
17		does not include a determination as to whether child
18		maltreatment occurred but does determine the need for services
19		to address the safety of family members and the risk of
20		subsequent maltreatment.
21		For purposes of this subsection (a-5), "investigation"
22		means fact-gathering related to the current safety of a child
23		and the risk of subsequent abuse or neglect that determines
24		whether a report of suspected child abuse or neglect should be
25		indicated or unfounded and whether child protective services
26		are needed.

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1		Under the "differential response program" implemented
2		under this subsection (a-5), the Department:
3		(1) Shall conduct an investigation on reports
4		involving substantial child abuse or neglect.
5		(2) Shall begin an immediate investigation if, at any
6		time when it is using a family assessment response, it
7		determines that there is reason to believe that
8		substantial child abuse or neglect or a serious threat to
9		the child's safety exists.
10		(3) May conduct a family assessment for reports that
11		do not allege substantial child endangerment. In
12		determining that a family assessment is appropriate, the
13		Department may consider issues, including, but not limited
14		to, child safety, parental cooperation, and the need for
15		an immediate response.
16		(4) Shall promulgate criteria, standards, and
17		procedures that shall be applied in making this
18		determination, taking into consideration the Safety-Based
19		Child Welfare Intervention System of the Department.
20		(5) May conduct a family assessment on a report that
21		was initially screened and assigned for an investigation.
22		In determining that a complete investigation is not
23		required, the Department must document the reason for
24		terminating the investigation and notify the local law
25		enforcement agency or the Illinois State Police if the local
26		law enforcement agency or Illinois State Police is conducting

HB4844 Engrossed - 1461 - LRB103 39009 AMC 69146 b
1		a joint investigation.
2		Once it is determined that a "family assessment" will be
3		implemented, the case shall not be reported to the central
4		register of abuse and neglect reports.
5		During a family assessment, the Department shall collect
6		any available and relevant information to determine child
7		safety, risk of subsequent abuse or neglect, and family
8		strengths.
9		Information collected includes, but is not limited to,
10		when relevant: information with regard to the person reporting
11		the alleged abuse or neglect, including the nature of the
12		reporter's relationship to the child and to the alleged
13		offender, and the basis of the reporter's knowledge for the
14		report; the child allegedly being abused or neglected; the
15		alleged offender; the child's caretaker; and other collateral
16		sources having relevant information related to the alleged
17		abuse or neglect. Information relevant to the assessment must
18		be asked for, and may include:
19		(A) The child's sex and age, prior reports of abuse or
20		neglect, information relating to developmental
21		functioning, credibility of the child's statement, and
22		whether the information provided under this paragraph (A)
23		is consistent with other information collected during the
24		course of the assessment or investigation.
25		(B) The alleged offender's age, a record check for
26		prior reports of abuse or neglect, and criminal charges

HB4844 Engrossed - 1462 - LRB103 39009 AMC 69146 b
1		and convictions. The alleged offender may submit
2		supporting documentation relevant to the assessment.
3		(C) Collateral source information regarding the
4		alleged abuse or neglect and care of the child. Collateral
5		information includes, when relevant: (i) a medical
6		examination of the child; (ii) prior medical records
7		relating to the alleged maltreatment or care of the child
8		maintained by any facility, clinic, or health care
9		professional, and an interview with the treating
10		professionals; and (iii) interviews with the child's
11		caretakers, including the child's parent, guardian, foster
12		parent, child care provider, teachers, counselors, family
13		members, relatives, and other persons who may have
14		knowledge regarding the alleged maltreatment and the care
15		of the child.
16		(D) Information on the existence of domestic abuse and
17		violence in the home of the child, and substance abuse.
18		Nothing in this subsection (a-5) precludes the Department
19		from collecting other relevant information necessary to
20		conduct the assessment or investigation. Nothing in this
21		subsection (a-5) shall be construed to allow the name or
22		identity of a reporter to be disclosed in violation of the
23		protections afforded under Section 7.19 of this Act.
24		After conducting the family assessment, the Department
25		shall determine whether services are needed to address the
26		safety of the child and other family members and the risk of

HB4844 Engrossed - 1463 - LRB103 39009 AMC 69146 b
1		subsequent abuse or neglect.
2		Upon completion of the family assessment, if the
3		Department concludes that no services shall be offered, then
4		the case shall be closed. If the Department concludes that
5		services shall be offered, the Department shall develop a
6		family preservation plan and offer or refer services to the
7		family.
8		At any time during a family assessment, if the Department
9		believes there is any reason to stop the assessment and
10		conduct an investigation based on the information discovered,
11		the Department shall do so.
12		The procedures available to the Department in conducting
13		investigations under this Act shall be followed as appropriate
14		during a family assessment.
15		If the Department implements a differential response
16		program authorized under this subsection (a-5), the Department
17		shall arrange for an independent evaluation of the program for
18		at least the first 3 years of implementation to determine
19		whether it is meeting the goals in accordance with Section 2 of
20		this Act.
21		The Department may adopt administrative rules necessary
22		for the execution of this Section, in accordance with Section
23		4 of the Children and Family Services Act.
24		The Department shall submit a report to the General
25		Assembly by January 15, 2018 on the implementation progress
26		and recommendations for additional needed legislative changes.

HB4844 Engrossed - 1464 - LRB103 39009 AMC 69146 b
1		(b)(1) The following procedures shall be followed in the
2		investigation of all reports of suspected abuse or neglect of
3		a child, except as provided in subsection (c) of this Section.
4		(2) If, during a family assessment authorized by
5		subsection (a-5) or an investigation, it appears that the
6		immediate safety or well-being of a child is endangered, that
7		the family may flee or the child disappear, or that the facts
8		otherwise so warrant, the Child Protective Service Unit shall
9		commence an investigation immediately, regardless of the time
10		of day or night. All other investigations shall be commenced
11		within 24 hours of receipt of the report. Upon receipt of a
12		report, the Child Protective Service Unit shall conduct a
13		family assessment authorized by subsection (a-5) or begin an
14		initial investigation and make an initial determination
15		whether the report is a good faith indication of alleged child
16		abuse or neglect.
17		(3) Based on an initial investigation, if the Unit
18		determines the report is a good faith indication of alleged
19		child abuse or neglect, then a formal investigation shall
20		commence and, pursuant to Section 7.12 of this Act, may or may
21		not result in an indicated report. The formal investigation
22		shall include: direct contact with the subject or subjects of
23		the report as soon as possible after the report is received; an
24		evaluation of the environment of the child named in the report
25		and any other children in the same environment; a
26		determination of the risk to such children if they continue to

HB4844 Engrossed - 1465 - LRB103 39009 AMC 69146 b
1		remain in the existing environments, as well as a
2		determination of the nature, extent and cause of any condition
3		enumerated in such report; the name, age and condition of
4		other children in the environment; and an evaluation as to
5		whether there would be an immediate and urgent necessity to
6		remove the child from the environment if appropriate family
7		preservation services were provided. After seeing to the
8		safety of the child or children, the Department shall
9		forthwith notify the subjects of the report in writing, of the
10		existence of the report and their rights existing under this
11		Act in regard to amendment or expungement. To fulfill the
12		requirements of this Section, the Child Protective Service
13		Unit shall have the capability of providing or arranging for
14		comprehensive emergency services to children and families at
15		all times of the day or night.
16		(4) If (i) at the conclusion of the Unit's initial
17		investigation of a report, the Unit determines the report to
18		be a good faith indication of alleged child abuse or neglect
19		that warrants a formal investigation by the Unit, the
20		Department, any law enforcement agency or any other
21		responsible agency and (ii) the person who is alleged to have
22		caused the abuse or neglect is employed or otherwise engaged
23		in an activity resulting in frequent contact with children and
24		the alleged abuse or neglect are in the course of such
25		employment or activity, then the Department shall, except in
26		investigations where the Director determines that such

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1		notification would be detrimental to the Department's
2		investigation, inform the appropriate supervisor or
3		administrator of that employment or activity that the Unit has
4		commenced a formal investigation pursuant to this Act, which
5		may or may not result in an indicated report. The Department
6		shall also notify the person being investigated, unless the
7		Director determines that such notification would be
8		detrimental to the Department's investigation.
9		(c) In an investigation of a report of suspected abuse or
10		neglect of a child by a school employee at a school or on
11		school grounds, the Department shall make reasonable efforts
12		to follow the following procedures:
13		(1) Investigations involving teachers shall not, to
14		the extent possible, be conducted when the teacher is
15		scheduled to conduct classes. Investigations involving
16		other school employees shall be conducted so as to
17		minimize disruption of the school day. The school employee
18		accused of child abuse or neglect may have the school
19		employee's superior, the school employee's association or
20		union representative, and the school employee's attorney
21		present at any interview or meeting at which the teacher
22		or administrator is present. The accused school employee
23		shall be informed by a representative of the Department,
24		at any interview or meeting, of the accused school
25		employee's due process rights and of the steps in the
26		investigation process. These due process rights shall also

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1		include the right of the school employee to present
2		countervailing evidence regarding the accusations. In an
3		investigation in which the alleged perpetrator of abuse or
4		neglect is a school employee, including, but not limited
5		to, a school teacher or administrator, and the
6		recommendation is to determine the report to be indicated,
7		in addition to other procedures as set forth and defined
8		in Department rules and procedures, the employee's due
9		process rights shall also include: (i) the right to a copy
10		of the investigation summary; (ii) the right to review the
11		specific allegations which gave rise to the investigation;
12		and (iii) the right to an administrator's teleconference
13		which shall be convened to provide the school employee
14		with the opportunity to present documentary evidence or
15		other information that supports the school employee's
16		position and to provide information before a final finding
17		is entered.
18		(2) If a report of neglect or abuse of a child by a
19		teacher or administrator does not involve allegations of
20		sexual abuse or extreme physical abuse, the Child
21		Protective Service Unit shall make reasonable efforts to
22		conduct the initial investigation in coordination with the
23		employee's supervisor.
24		If the Unit determines that the report is a good faith
25		indication of potential child abuse or neglect, it shall
26		then commence a formal investigation under paragraph (3)

HB4844 Engrossed - 1468 - LRB103 39009 AMC 69146 b
1		of subsection (b) of this Section.
2		(3) If a report of neglect or abuse of a child by a
3		teacher or administrator involves an allegation of sexual
4		abuse or extreme physical abuse, the Child Protective Unit
5		shall commence an investigation under paragraph (2) of
6		subsection (b) of this Section.
7		(c-5) In any instance in which a report is made or caused
8		to made by a school district employee involving the conduct of
9		a person employed by the school district, at the time the
10		report was made, as required under Section 4 of this Act, the
11		Child Protective Service Unit shall send a copy of its final
12		finding report to the general superintendent of that school
13		district.
14		(c-10) The Department may recommend that a school district
15		remove a school employee who is the subject of an
16		investigation from the school employee's employment position
17		pending the outcome of the investigation; however, all
18		employment decisions regarding school personnel shall be the
19		sole responsibility of the school district or employer. The
20		Department may not require a school district to remove a
21		school employee from the school employee's employment position
22		or limit the school employee's duties pending the outcome of
23		an investigation.
24		(d) If the Department has contact with an employer, or
25		with a religious institution or religious official having
26		supervisory or hierarchical authority over a member of the

HB4844 Engrossed - 1469 - LRB103 39009 AMC 69146 b
1		clergy accused of the abuse of a child, in the course of its
2		investigation, the Department shall notify the employer or the
3		religious institution or religious official, in writing, when
4		a report is unfounded so that any record of the investigation
5		can be expunged from the employee's or member of the clergy's
6		personnel or other records. The Department shall also notify
7		the employee or the member of the clergy, in writing, that
8		notification has been sent to the employer or to the
9		appropriate religious institution or religious official
10		informing the employer or religious institution or religious
11		official that the Department's investigation has resulted in
12		an unfounded report.
13		(d-1) Whenever a report alleges that a child was abused or
14		neglected while receiving care in a hospital, including a
15		freestanding psychiatric hospital licensed by the Department
16		of Public Health, the Department shall send a copy of its final
17		finding to the Director of Public Health and the Director of
18		Healthcare and Family Services.
19		(e) Upon request by the Department, the Illinois State
20		Police and law enforcement agencies are authorized to provide
21		criminal history record information as defined in the Illinois
22		Uniform Conviction Information Act and information maintained
23		in the adjudicatory and dispositional record system as defined
24		in Section 2605-355 of the Illinois State Police Law to
25		properly designated employees of the Department of Children
26		and Family Services if the Department determines the

HB4844 Engrossed - 1470 - LRB103 39009 AMC 69146 b
1		information is necessary to perform its duties under the
2		Abused and Neglected Child Reporting Act, the Child Care Act
3		of 1969, and the Children and Family Services Act. The request
4		shall be in the form and manner required by the Illinois State
5		Police. Any information obtained by the Department of Children
6		and Family Services under this Section is confidential and may
7		not be transmitted outside the Department of Children and
8		Family Services other than to a court of competent
9		jurisdiction or unless otherwise authorized by law. Any
10		employee of the Department of Children and Family Services who
11		transmits confidential information in violation of this
12		Section or causes the information to be transmitted in
13		violation of this Section is guilty of a Class A misdemeanor
14		unless the transmittal of the information is authorized by
15		this Section or otherwise authorized by law.
16		(f) For purposes of this Section, "child abuse or neglect"
17		includes abuse or neglect of an adult resident as defined in
18		this Act.
19		(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23;
20		103-460, eff. 1-1-24; revised 9-15-23.)
21		Section 460. The Intergovernmental Missing Child Recovery
22		Act of 1984 is amended by changing Section 6 as follows:
23		(325 ILCS 40/6) (from Ch. 23, par. 2256)
24		Sec. 6. The Illinois State Police shall:

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1		(a) Utilize the statewide Law Enforcement Agencies
2		Data System (LEADS) for the purpose of effecting an
3		immediate law enforcement response to reports of missing
4		children. The Illinois State Police shall implement an
5		automated data exchange system to compile, to maintain,
6		and to make available for dissemination to Illinois and
7		out-of-State law enforcement agencies, data which can
8		assist appropriate agencies in recovering missing
9		children.
10		(b) Establish contacts and exchange information
11		regarding lost, missing, or runaway children with
12		nationally recognized "missing person and runaway" service
13		organizations and monitor national research and publicize
14		important developments.
15		(c) Provide a uniform reporting format for the entry
16		of pertinent information regarding reports of missing
17		children into LEADS.
18		(d) Develop and implement a policy whereby a statewide
19		or regional alert would be used in situations relating to
20		the disappearances of children, based on criteria and in a
21		format established by the Illinois State Police. Such a
22		format shall include, but not be limited to, the age and
23		physical description of the missing child and the
24		suspected circumstances of the disappearance.
25		(e) Notify all law enforcement agencies that reports
26		of missing persons shall be entered as soon as the minimum

HB4844 Engrossed - 1472 - LRB103 39009 AMC 69146 b
1		level of data specified by the Illinois State Police is
2		available to the reporting agency and that no waiting
3		period for entry of such data exists.
4		(f) Provide a procedure for prompt confirmation of the
5		receipt and entry of the missing child report into LEADS
6		to the parent or guardian of the missing child.
7		(g) Compile and retain information regarding missing
8		children in a separate data file, in a manner that allows
9		such information to be used by law enforcement and other
10		agencies deemed appropriate by the Director, for
11		investigative purposes. Such files shall be updated to
12		reflect and include information relating to the
13		disposition of the case.
14		(h) Compile and maintain a an historic data repository
15		relating to missing children in order (1) to develop and
16		improve techniques utilized by law enforcement agencies
17		when responding to reports of missing children and (2) to
18		provide a factual and statistical base for research that
19		would address the problem of missing children.
20		(i) Create a quality control program to assess the
21		timeliness of entries of missing children reports into
22		LEADS and conduct performance audits of all entering
23		agencies.
24		(j) Prepare a periodic information bulletin concerning
25		missing children who it determines may be present in this
26		State, compiling such bulletin from information contained

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1		in both the National Crime Information Center computer and
2		from reports, alerts, and other information entered into
3		LEADS or otherwise compiled and retained by the Illinois
4		State Police pursuant to this Act. The bulletin shall
5		indicate the name, age, physical description, suspected
6		circumstances of disappearance if that information is
7		available, a photograph if one is available, the name of
8		the law enforcement agency investigating the case, and
9		such other information as the Director considers
10		appropriate concerning each missing child who the Illinois
11		State Police determines may be present in this State. The
12		Illinois State Police shall send a copy of each periodic
13		information bulletin to the State Board of Education for
14		its use in accordance with Section 2-3.48 of the School
15		Code. The Illinois State Police shall provide a copy of
16		the bulletin, upon request, to law enforcement agencies of
17		this or any other state or of the federal government, and
18		may provide a copy of the bulletin, upon request, to other
19		persons or entities, if deemed appropriate by the
20		Director, and may establish limitations on its use and a
21		reasonable fee for so providing the same, except that no
22		fee shall be charged for providing the periodic
23		information bulletin to the State Board of Education,
24		appropriate units of local government, State agencies, or
25		law enforcement agencies of this or any other state or of
26		the federal government.

HB4844 Engrossed - 1474 - LRB103 39009 AMC 69146 b
1		(k) Provide for the entry into LEADS of the names and
2		addresses of sex offenders as defined in the Sex Offender
3		Registration Act who are required to register under that
4		Act. The information shall be immediately accessible to
5		law enforcement agencies and peace officers of this State
6		or any other state or of the federal government. Similar
7		information may be requested from any other state or of
8		the federal government for purposes of this Act.
9		(l) Provide for the entry into LEADS of the names and
10		addresses of violent offenders against youth as defined in
11		the Murderer and Violent Offender Against Youth
12		Registration Act who are required to register under that
13		Act. The information shall be immediately accessible to
14		law enforcement agencies and peace officers of this State
15		or any other state or of the federal government. Similar
16		information may be requested from any other state or of
17		the federal government for purposes of this Act.
18		(Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24;
19		revised 1-2-24.)
20		Section 465. The Smart Start Illinois Act is amended by
21		changing Section 95-10 as follows:
22		(325 ILCS 85/95-10)
23		Sec. 95-10. Smart Start Child Care Workforce Compensation
24		Program.

HB4844 Engrossed - 1475 - LRB103 39009 AMC 69146 b
1		(a) The Department of Human Services shall create and
2		establish the Smart Start Child Care Workforce Compensation
3		Program. The purpose of the Smart Start Child Care Workforce
4		Compensation Program is to invest in early childhood education
5		and care service providers, including, but not limited to,
6		providers participating in the Child Care Assistance Program;
7		to expand the supply of high-quality early childhood education
8		and care; and to create a strong and stable early childhood
9		education and care system with attractive wages, high-quality
10		services, and affordable costs cost.
11		(b) The purpose of the Smart Start Child Care Workforce
12		Compensation Program is to stabilize community-based early
13		childhood education and care service providers, raise the
14		wages of early childhood educators, and support quality
15		enhancements that can position service providers to
16		participate in other public funding streams, such as Preschool
17		for All, in order to further enhance and expand quality
18		service delivery.
19		(c) Subject to appropriation, the Department of Human
20		Services shall implement the Smart Start Child Care Workforce
21		Compensation Program for eligible licensed day care centers,
22		licensed day care homes, and licensed group day care homes by
23		October 1, 2024, or as soon as practicable, following
24		completion of a planning and transition year. By October 1,
25		2025, or as soon as practicable, and for each year thereafter,
26		subject to appropriation, the Department of Human Services

HB4844 Engrossed - 1476 - LRB103 39009 AMC 69146 b
1		shall continue to operate the Smart Start Child Care Workforce
2		Compensation Program annually with all licensed day care
3		centers, and licensed day care homes, and licensed group day
4		care homes that meet eligibility requirements. The Smart Start
5		Child Care Workforce Compensation Program shall operate
6		separately from and shall not supplant the Child Care
7		Assistance Program as provided for in Section 9A-11 of the
8		Illinois Public Aid Code.
9		(d) The Department of Human Services shall adopt
10		administrative rules by October 1, 2024, to facilitate
11		administration of the Smart Start Child Care Workforce
12		Compensation Program, including, but not limited to,
13		provisions for program eligibility, the application and
14		funding calculation process, eligible expenses, required wage
15		floors, and requirements for financial and personnel reporting
16		and monitoring requirements. Eligibility and funding
17		provisions shall be based on appropriation and a current model
18		of the cost to provide child care services by a licensed child
19		care center or licensed family child care home.
20		(Source: P.A. 103-8, eff. 6-7-23; revised 9-25-23.)
21		Section 467. The Community Mental Health Act is amended by
22		changing Section 3e as follows:
23		(405 ILCS 20/3e) (from Ch. 91 1/2, par. 303e)
24		Sec. 3e. Board's powers and duties.

HB4844 Engrossed - 1477 - LRB103 39009 AMC 69146 b
1		(1) Every community mental health board shall, within 30
2		days after members are first appointed and within 30 days
3		after members are appointed or reappointed upon the expiration
4		of a member's term, meet and organize, by the election of one
5		of its number as president and one as secretary and such other
6		officers as it may deem necessary. It shall make rules and
7		regulations concerning the rendition or operation of services
8		and facilities which it directs, supervises or funds, not
9		inconsistent with the provisions of this Act. It shall:
10		(a) Hold a meeting prior to July 1 of each year at
11		which officers shall be elected for the ensuing year
12		beginning July 1;
13		(b) Hold meetings at least quarterly;
14		(c) Hold special meetings upon a written request
15		signed by at least 2 members and filed with the secretary;
16		(d) Review and evaluate community mental health
17		services and facilities, including services and facilities
18		for the treatment of alcoholism, drug addiction,
19		developmental disabilities, and intellectual
20		disabilities;
21		(e) Authorize the disbursement of money from the
22		community mental health fund for payment for the ordinary
23		and contingent expenses of the board;
24		(f) Submit to the appointing officer and the members
25		of the governing body a written plan for a program of
26		community mental health services and facilities for

HB4844 Engrossed - 1478 - LRB103 39009 AMC 69146 b
1		persons with a mental illness, a developmental disability,
2		or a substance use disorder. Such plan shall be for the
3		ensuing 12 month period. In addition, a plan shall be
4		developed for the ensuing 3 year period and such plan
5		shall be reviewed at the end of every 12 month period and
6		shall be modified as deemed advisable; .
7		(g) Within amounts appropriated therefor, execute such
8		programs and maintain such services and facilities as may
9		be authorized under such appropriations, including amounts
10		appropriated under bond issues, if any;
11		(h) Publish the annual budget and report within 120
12		days after the end of the fiscal year in a newspaper
13		distributed within the jurisdiction of the board, or, if
14		no newspaper is published within the jurisdiction of the
15		board, then one published in the county, or, if no
16		newspaper is published in the county, then in a newspaper
17		having general circulation within the jurisdiction of the
18		board. The report shall show the condition of its trust of
19		that year, the sums of money received from all sources,
20		giving the name of any donor, how all monies have been
21		expended and for what purpose, and such other statistics
22		and program information in regard to the work of the board
23		as it may deem of general interest. A copy of the budget
24		and the annual report shall be made available to the
25		Department of Human Services and to members of the General
26		Assembly whose districts include any part of the

HB4844 Engrossed - 1479 - LRB103 39009 AMC 69146 b
1		jurisdiction of such board. The names of all employees,
2		consultants, and other personnel shall be set forth along
3		with the amounts of money received;
4		(i) Consult with other appropriate private and public
5		agencies in the development of local plans for the most
6		efficient delivery of mental health, developmental
7		disabilities, and substance use disorder services. The
8		Board is authorized to join and to participate in the
9		activities of associations organized for the purpose of
10		promoting more efficient and effective services and
11		programs;
12		(j) Have the authority to review and comment on all
13		applications for grants by any person, corporation, or
14		governmental unit providing services within the
15		geographical area of the board which provides mental
16		health facilities and services, including services for the
17		person with a mental illness, a developmental disability,
18		or a substance use disorder. The board may require funding
19		applicants to send a copy of their funding application to
20		the board at the time such application is submitted to the
21		Department of Human Services or to any other local, State
22		or federal funding source or governmental agency. Within
23		60 days of the receipt of any application, the board shall
24		submit its review and comments to the Department of Human
25		Services or to any other appropriate local, State or
26		federal funding source or governmental agency. A copy of

HB4844 Engrossed - 1480 - LRB103 39009 AMC 69146 b
1		the review and comments shall be submitted to the funding
2		applicant. Within 60 days thereafter, the Department of
3		Human Services or any other appropriate local or State
4		governmental agency shall issue a written response to the
5		board and the funding applicant. The Department of Human
6		Services shall supply any community mental health board
7		such information about purchase-of-care funds, State
8		facility utilization, and costs in its geographical area
9		as the board may request provided that the information
10		requested is for the purpose of the Community Mental
11		Health Board complying with the requirements of Section
12		3f, subsection (f) of this Act;
13		(k) Perform such other acts as may be necessary or
14		proper to carry out the purposes of this Act.
15		(2) The community mental health board has the following
16		powers:
17		(a) The board may enter into multiple-year contracts
18		for rendition or operation of services, facilities and
19		educational programs.
20		(b) The board may arrange through intergovernmental
21		agreements or intragovernmental agreements or both for the
22		rendition of services and operation of facilities by other
23		agencies or departments of the governmental unit or county
24		in which the governmental unit is located with the
25		approval of the governing body.
26		(c) To employ, establish compensation for, and set

HB4844 Engrossed - 1481 - LRB103 39009 AMC 69146 b
1		policies for its personnel, including legal counsel, as
2		may be necessary to carry out the purposes of this Act and
3		prescribe the duties thereof. The board may enter into
4		multiple-year employment contracts as may be necessary for
5		the recruitment and retention of personnel and the proper
6		functioning of the board.
7		(d) The board may enter into multiple-year joint
8		agreements, which shall be written, with other mental
9		health boards and boards of health to provide jointly
10		agreed upon community mental health facilities and
11		services and to pool such funds as may be deemed necessary
12		and available for this purpose.
13		(e) The board may organize a not-for-profit
14		corporation for the purpose of providing direct recipient
15		services. Such corporations shall have, in addition to all
16		other lawful powers, the power to contract with persons to
17		furnish services for recipients of the corporation's
18		facilities, including psychiatrists and other physicians
19		licensed in this State to practice medicine in all of its
20		branches. Such physicians shall be considered independent
21		contractors, and liability for any malpractice shall not
22		extend to such corporation, nor to the community mental
23		health board, except for gross negligence in entering into
24		such a contract.
25		(f) The board shall not operate any direct recipient
26		services for more than a 2-year period when such services

HB4844 Engrossed - 1482 - LRB103 39009 AMC 69146 b
1		are being provided in the governmental unit, but shall
2		encourage, by financial support, the development of
3		private agencies to deliver such needed services, pursuant
4		to regulations of the board.
5		(g) Where there are multiple boards within the same
6		planning area, as established by the Department of Human
7		Services, services may be purchased through a single
8		delivery system. In such areas, a coordinating body with
9		representation from each board shall be established to
10		carry out the service functions of this Act. In the event
11		any such coordinating body purchases or improves real
12		property, such body shall first obtain the approval of the
13		governing bodies of the governmental units in which the
14		coordinating body is located.
15		(h) The board may enter into multiple-year joint
16		agreements with other governmental units located within
17		the geographical area of the board. Such agreements shall
18		be written and shall provide for the rendition of services
19		by the board to the residents of such governmental units.
20		(i) The board may enter into multiple-year joint
21		agreements with federal, State, and local governments,
22		including the Department of Human Services, whereby the
23		board will provide certain services. All such joint
24		agreements must provide for the exchange of relevant data.
25		However, nothing in this Act shall be construed to permit
26		the abridgement of the confidentiality of patient records.

HB4844 Engrossed - 1483 - LRB103 39009 AMC 69146 b
1		(j) The board may receive gifts from private sources
2		for purposes not inconsistent with the provisions of this
3		Act.
4		(k) The board may receive federal Federal, State, and
5		local funds for purposes not inconsistent with the
6		provisions of this Act.
7		(l) The board may establish scholarship programs. Such
8		programs shall require equivalent service or reimbursement
9		pursuant to regulations of the board.
10		(m) The board may sell, rent, or lease real property
11		for purposes consistent with this Act.
12		(n) The board may: (i) own real property, lease real
13		property as lessee, or acquire real property by purchase,
14		construction, lease-purchase agreement, or otherwise; (ii)
15		take title to the property in the board's name; (iii)
16		borrow money and issue debt instruments, mortgages,
17		purchase-money mortgages, and other security instruments
18		with respect to the property; and (iv) maintain, repair,
19		remodel, or improve the property. All of these activities
20		must be for purposes consistent with this Act as may be
21		reasonably necessary for the housing and proper
22		functioning of the board. The board may use moneys in the
23		Community Mental Health Fund for these purposes.
24		(o) The board may organize a not-for-profit
25		corporation (i) for the purpose of raising money to be
26		distributed by the board for providing community mental

HB4844 Engrossed - 1484 - LRB103 39009 AMC 69146 b
1		health services and facilities for the treatment of
2		alcoholism, drug addiction, developmental disabilities,
3		and intellectual disabilities or (ii) for other purposes
4		not inconsistent with this Act.
5		(p) The board may fix a fiscal year for the board.
6		(q) The board has the responsibility to set, maintain,
7		and implement the budget.
8		Every board shall be subject to the requirements under the
9		Freedom of Information Act and the Open Meetings Act.
10		(Source: P.A. 103-274, eff. 1-1-24; revised 1-20-24.)
11		Section 470. The Lead Poisoning Prevention Act is amended
12		by changing Section 8.1 as follows:
13		(410 ILCS 45/8.1) (from Ch. 111 1/2, par. 1308.1)
14		Sec. 8.1. Licensing of lead inspectors and lead risk
15		assessors.
16		(a) The Department shall establish standards and licensing
17		procedures for lead inspectors and lead risk assessors. An
18		integral element of these procedures shall be an education and
19		training program prescribed by the Department, which shall
20		include, but not be limited to, scientific sampling,
21		chemistry, and construction techniques. No person shall make
22		inspections or risk assessments without first being licensed
23		by the Department. The penalty for inspection or risk
24		assessment without a license shall be a Class A misdemeanor

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1		and an administrative fine.
2		(b) The Department shall charge licensed lead inspectors
3		and lead risk assessors reasonable license fees and the fees
4		shall be placed in the Lead Poisoning Screening, Prevention,
5		and Abatement Fund and used to fund the Department's licensing
6		of lead inspectors and lead risk assessors and any other
7		activities prescribed by this Act. A licensed lead inspector
8		or lead risk assessor employed by the Department or its
9		delegate agency shall not be charged a license fee.
10		(c) The Department, upon notification by the Illinois
11		Workers' Compensation Commission or the Department of
12		Insurance, shall refuse the issuance or renewal of a license
13		to, or suspend or revoke the license of, any individual,
14		corporation, partnership, or other business entity that has
15		been found by the Illinois Workers' Compensation Commission or
16		the Department of Insurance to have failed:
17		(1) to secure workers' compensation obligations in the
18		manner required by subsections (a) and (b) of Section 4 of
19		the Workers' Compensation Act;
20		(2) to pay in full a fine or penalty imposed by the
21		Illinois Workers' Compensation Commission or the
22		Department of Insurance due to a failure to secure
23		workers' compensation obligations in the manner required
24		by subsections (a) and (b) of Section 4 of the Workers'
25		Compensation Act; or
26		(3) to fulfill all obligations assumed pursuant to any

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1		settlement reached with the Illinois Workers' Compensation
2		Commission or the Department of Insurance due to a failure
3		to secure workers' compensation obligations in the manner
4		required by subsections (a) and (b) of Section 4 of the
5		Workers' Compensation Act.
6		A complaint filed with the Department by the Illinois
7		Workers' Compensation Commission or the Department of
8		Insurance that includes a certification, signed by its
9		Director or Chairman or designee, attesting to a finding of
10		the failure to secure workers' compensation obligations in the
11		manner required by subsections (a) and (b) of Section 4 of the
12		Workers' Compensation Act or the failure to pay any fines or
13		penalties or to discharge any obligation under a settlement
14		relating to the failure to secure workers' compensation
15		obligations in the manner required by subsections (a) and (b)
16		of Section 4 of the Workers' Compensation Act is prima facie
17		evidence of the licensee's or applicant's failure to comply
18		with subsections (a) and (b) of Section 4 of the Workers'
19		Compensation Act. Upon receipt of that certification, the
20		Department shall, without a hearing, immediately suspend all
21		licenses held by the licensee or the processing of any
22		application from the applicant. Enforcement of the
23		Department's order shall be stayed for 60 days. The Department
24		shall provide notice of the suspension to the licensee by
25		mailing a copy of the Department's order to the licensee's or
26		applicant's address of record or emailing a copy of the order

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1		to the licensee's or applicant's email address of record. The
2		notice shall advise the licensee or applicant that the
3		suspension shall be effective 60 days after the issuance of
4		the order unless the Department receives, from the licensee or
5		applicant, a request for a hearing before the Department to
6		dispute the matters contained in the order.
7		Upon receiving notice from the Illinois Workers'
8		Compensation Commission or the Department of Insurance that
9		the violation has been corrected or otherwise resolved, the
10		Department shall vacate the order suspending a licensee's
11		license or the processing of an applicant's application.
12		No license shall be suspended or revoked until after the
13		licensee is afforded any due process protection guaranteed by
14		statute or rule adopted by the Illinois Workers' Compensation
15		Commission or the Department of Insurance.
16		(Source: P.A. 103-26, eff. 1-1-24; revised 1-2-24.)
17		Section 475. The Smoke Free Illinois Act is amended by
18		changing Section 35 as follows:
19		(410 ILCS 82/35)
20		Sec. 35. Exemptions. Notwithstanding any other provision
21		of this Act, smoking is allowed in the following areas:
22		(1) Private residences or dwelling places, except when
23		used as a child care, adult day care, or healthcare
24		facility or any other home-based business open to the

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1		public.
2		(2) Retail tobacco stores as defined in Section 10 of
3		this Act in operation prior to January 1, 2008 (the
4		effective date of Public Act 95-17) this amendatory Act of
5		the 95th General Assembly. The retail tobacco store shall
6		annually file with the Department by January 31st an
7		affidavit stating the percentage of its gross income
8		during the prior calendar year that was derived from the
9		sale of loose tobacco, plants, or herbs and cigars,
10		cigarettes, pipes, or other smoking devices for smoking
11		tobacco and related smoking accessories. Any retail
12		tobacco store that begins operation after January 1, 2008
13		(the effective date of Public Act 95-17) this amendatory
14		Act may only qualify for an exemption if located in a
15		freestanding structure occupied solely by the business and
16		smoke from the business does not migrate into an enclosed
17		area where smoking is prohibited. A retail tobacco store
18		that derives at least 80% of its gross revenue from the
19		sale of electronic cigarettes and electronic cigarette
20		equipment and accessories in operation before January 1,
21		2024 (the effective date of Public Act 103-272) this
22		amendatory Act of the 103rd General Assembly qualifies for
23		this exemption for electronic cigarettes only. A retail
24		tobacco store claiming an exemption for electronic
25		cigarettes shall annually file with the Department by
26		January 31 an affidavit stating the percentage of its

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1		gross income during the prior calendar year that was
2		derived from the sale of electronic cigarettes. A retail
3		tobacco store may, with authorization or permission from a
4		unit of local government, including a home rule unit, or
5		any non-home rule county within the unincorporated
6		territory of the county, allow the on-premises consumption
7		of cannabis in a specially designated areas.
8		(3) (Blank).
9		(4) Hotel and motel sleeping rooms that are rented to
10		guests and are designated as smoking rooms, provided that
11		all smoking rooms on the same floor must be contiguous and
12		smoke from these rooms must not infiltrate into nonsmoking
13		rooms or other areas where smoking is prohibited. Not more
14		than 25% of the rooms rented to guests in a hotel or motel
15		may be designated as rooms where smoking is allowed. The
16		status of rooms as smoking or nonsmoking may not be
17		changed, except to permanently add additional nonsmoking
18		rooms.
19		(5) Enclosed laboratories that are excluded from the
20		definition of "place of employment" in Section 10 of this
21		Act. Rulemaking authority to implement Public Act 95-1029
22		this amendatory Act of the 95th General Assembly, if any,
23		is conditioned on the rules being adopted in accordance
24		with all provisions of the Illinois Administrative
25		Procedure Act and all rules and procedures of the Joint
26		Committee on Administrative Rules; any purported rule not

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1		so adopted, for whatever reason, is unauthorized.
2		(6) Common smoking rooms in long-term care facilities
3		operated under the authority of the Illinois Department of
4		Veterans' Affairs or licensed under the Nursing Home Care
5		Act that are accessible only to residents who are smokers
6		and have requested in writing to have access to the common
7		smoking room where smoking is permitted and the smoke
8		shall not infiltrate other areas of the long-term care
9		facility. Rulemaking authority to implement Public Act
10		95-1029 this amendatory Act of the 95th General Assembly,
11		if any, is conditioned on the rules being adopted in
12		accordance with all provisions of the Illinois
13		Administrative Procedure Act and all rules and procedures
14		of the Joint Committee on Administrative Rules; any
15		purported rule not so adopted, for whatever reason, is
16		unauthorized.
17		(7) A convention hall of the Donald E. Stephens
18		Convention Center where a meeting or trade show for
19		manufacturers and suppliers of tobacco and tobacco
20		products and accessories is being held, during the time
21		the meeting or trade show is occurring, if the meeting or
22		trade show:
23		(i) is a trade-only event and not open to the
24		public;
25		(ii) is limited to attendees and exhibitors that
26		are 21 years of age or older;

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1		(iii) is being produced or organized by a business
2		relating to tobacco or a professional association for
3		convenience stores; and
4		(iv) involves the display of tobacco products.
5		Smoking is not allowed in any public area outside of
6		the hall designated for the meeting or trade show.
7		This paragraph (7) is inoperative on and after October
8		1, 2015.
9		(8) A dispensing organization, as defined in the
10		Cannabis Regulation and Tax Act, authorized or permitted
11		by a unit local government to allow on-site consumption of
12		cannabis, if the establishment: (1) maintains a specially
13		designated area or areas for the purpose of heating,
14		burning, smoking, or lighting cannabis; (2) is limited to
15		individuals 21 or older; and (3) maintains a locked door
16		or barrier to any specially designated areas for the
17		purpose of heating, burning, smoking or lighting cannabis.
18		(Source: P.A. 103-272, eff. 1-1-24; revised 1-2-24.)
19		Section 480. The Health Care Professional Credentials Data
20		Collection Act is amended by changing Section 5 as follows:
21		(410 ILCS 517/5)
22		Sec. 5. Definitions. As used in this Act:
23		"Credentials data" means those data, information, or
24		answers to questions required by a health care entity, health

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1		care plan, or hospital to complete the credentialing or
2		recredentialing of a health care professional.
3		"Credentialing" means the process of assessing and
4		validating the qualifications of a health care professional.
5		"Department" means the Department of Public Health.
6		"Director" means the Director of the Department of Public
7		Health.
8		"Health care entity" means any of the following which
9		require the submission of credentials data: (i) a health care
10		facility or other health care organization licensed or
11		certified to provide medical or health services in Illinois,
12		other than a hospital; (ii) a health care professional
13		partnership, corporation, limited liability company,
14		professional services corporation or group practice; or (iii)
15		an independent practice association or physician hospital
16		organization. Nothing in this definition shall be construed to
17		mean that a hospital is a health care entity.
18		"Health care plan" means any entity licensed by the
19		Department of Insurance as a prepaid health care plan or
20		health maintenance organization or as an insurer which
21		requires the submission of credentials data.
22		"Health care professional" means any person licensed under
23		the Medical Practice Act of 1987 or any person licensed under
24		any other Act subsequently made subject to this Act by the
25		Department.
26		"Hospital" means a hospital licensed under the Hospital

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1		Licensing Act or any hospital organized under the University
2		of Illinois Hospital Act.
3		"Recredentialing" means a process undertaken for a period
4		not to exceed 3 years by which a health care entity, health
5		care plan, or hospital ensures that a health care professional
6		who is currently credentialed by the health care entity,
7		health care plan, or hospital continues to meet the
8		credentialing criteria used by the health care entity, health
9		care plan, or hospital 3.
10		"Single credentialing cycle" means a process undertaken
11		for a period not to exceed 3 years whereby for purposes of
12		recredentialing each health care professional's credentials
13		data are collected by all health care entities and health care
14		plans that credential the health care professional during the
15		same time period 3.
16		"Site survey" means a process by which a health care
17		entity or health care plan assesses the office locations and
18		medical record keeping practices of a health care
19		professional.
20		"Single site survey" means a process by which, for
21		purposes of recredentialing, each health care professional
22		receives a site visit only once every two years.
23		"Uniform health care credentials form" means the form
24		prescribed by the Department under Section 15 to collect the
25		credentials data commonly requested by health care entities
26		and health care plans for purposes of credentialing.

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1		"Uniform health care recredentials form" means the form
2		prescribed by the Department under Section 15 to collect the
3		credentials data commonly requested by health care entities
4		and health care plans for purposes of recredentialing.
5		"Uniform hospital credentials form" means the form
6		prescribed by the Department under Section 15 to collect the
7		credentials data commonly requested by hospitals for purposes
8		of credentialing.
9		"Uniform hospital recredentials form" means the form
10		prescribed by the Department under Section 15 to collect the
11		credentials data commonly requested by hospitals for purposes
12		of recredentialing.
13		"Uniform site survey instrument" means the instrument
14		developed by the Department under Section 25 to complete a
15		single site survey as part of a credentialing or
16		recredentialing process.
17		"Uniform updating form" means the standardized form
18		prescribed by the Department for reporting of corrections,
19		updates, and modifications to credentials data to health care
20		entities, health care plans, and hospitals when those data
21		change following credentialing or recredentialing of a health
22		care professional.
23		(Source: P.A. 103-96, eff. 1-1-24; 103-436, eff. 8-4-23;
24		revised 12-15-23.)
25		Section 485. The Vital Records Act is amended by changing

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1		Section 25 and by setting forth and renumbering multiple
2		versions of Section 25.6 as follows:
3		(410 ILCS 535/25)
4		Sec. 25. In accordance with Section 24 of this Act, and the
5		regulations adopted pursuant thereto:
6		(1) The State Registrar of Vital Records shall search
7		the files of birth, death, and fetal death records, upon
8		receipt of a written request and a fee of $10 from any
9		applicant entitled to such search. A search fee shall not
10		be required for commemorative birth certificates issued by
11		the State Registrar. A search fee shall not be required
12		for a birth record search from a person (1) upon release on
13		parole, mandatory supervised release, final discharge, or
14		pardon from the Department of Corrections if the person
15		presents a prescribed verification form completed by the
16		Department of Corrections verifying the person's date of
17		birth and social security number, or (2) placed on
18		aftercare release under the Juvenile Court Act of 1987,
19		upon release on parole, mandatory supervised release,
20		final discharge, or pardon from the Department of Juvenile
21		Justice if the person presents a prescribed verification
22		form completed by the Department of Juvenile Justice
23		verifying the person's date of birth and social security
24		number; however, the person is entitled to only one search
25		fee waiver. If, upon search, the record requested is

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1		found, the State Registrar shall furnish the applicant one
2		certification of such record, under the seal of such
3		office. If the request is for a certified copy of the
4		record, an additional fee of $5 shall be required. An
5		additional fee for a certified copy of the record shall
6		not be required from a person (1) upon release on parole,
7		mandatory supervised release, final discharge, or pardon
8		from the Department of Corrections if the person presents
9		a prescribed verification form completed by the Department
10		of Corrections verifying the released person's date of
11		birth and social security number, or (2) placed on
12		aftercare release under the Juvenile Court Act of 1987,
13		upon release on parole, mandatory supervised release,
14		final discharge, or pardon from the Department of Juvenile
15		Justice if the person presents a prescribed verification
16		form completed by the Department of Juvenile Justice
17		verifying the person's date of birth and social security
18		number; however, the person is entitled to only one
19		certified copy fee waiver. If the request is for a
20		certified copy of a death certificate or a fetal death
21		certificate, an additional fee of $2 is required. The
22		additional fee shall be deposited into the Death
23		Certificate Surcharge Fund. A further fee of $2 shall be
24		required for each additional certification or certified
25		copy requested. If the requested record is not found, the
26		State Registrar shall furnish the applicant a

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1		certification attesting to that fact, if so requested by
2		the applicant. A further fee of $2 shall be required for
3		each additional certification that no record has been
4		found.
5		Any local registrar or county clerk shall search the
6		files of birth, death, and fetal death records, upon
7		receipt of a written request from any applicant entitled
8		to such search. If upon search the record requested is
9		found, such local registrar or county clerk shall furnish
10		the applicant one certification or certified copy of such
11		record, under the seal of such office, upon payment of the
12		applicable fees. If the requested record is not found, the
13		local registrar or county clerk shall furnish the
14		applicant a certification attesting to that fact, if so
15		requested by the applicant and upon payment of applicable
16		fee. The local registrar or county clerk must charge a $2
17		fee for each certified copy of a death certificate. The
18		fee is in addition to any other fees that are charged by
19		the local registrar or county clerk. The additional fees
20		must be transmitted to the State Registrar monthly and
21		deposited into the Death Certificate Surcharge Fund. The
22		local registrar or county clerk may charge fees for
23		providing other services for which the State Registrar may
24		charge fees under this Section.
25		Upon receipt of a written request from an applicant
26		entitled to such a search, a local registrar or county

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1		clerk shall search available files for the death
2		certificate of an active duty service member or honorably
3		discharged veteran of the United States military. If the
4		death certificate requested by the applicant is found, the
5		local registrar or county clerk shall furnish the
6		applicant with one certified copy of the death
7		certificate, under the seal of the local registrar's or
8		county clerk's office, at no cost to the applicant. If the
9		requested death certificate of the service member or
10		honorably discharged veteran is not found, the local
11		registrar or county clerk shall furnish the applicant, at
12		no cost, with certification attesting to that fact if so
13		requested by the applicant. A local registrar or county
14		clerk shall not require a fee from the applicant of more
15		than $6 for any subsequent copy of the service member's or
16		honorably discharged veteran's death certificate or
17		certification attesting that the death certificate of the
18		service member or honorably discharged veteran was not
19		found.
20		A request to any custodian of vital records for a
21		search of the death record indexes for genealogical
22		research shall require a fee of $10 per name for a 5-year 5
23		year search. An additional fee of $1 for each additional
24		year searched shall be required. If the requested record
25		is found, one uncertified copy shall be issued without
26		additional charge.

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1		Any fee received by the State Registrar pursuant to
2		this Section which is of an insufficient amount may be
3		returned by the State Registrar upon his recording the
4		receipt of such fee and the reason for its return. The
5		State Registrar is authorized to maintain a 2-signature 2
6		signature, revolving checking account with a suitable
7		commercial bank for the purpose of depositing and
8		withdrawing-for-return cash received and determined
9		insufficient for the service requested.
10		No fee imposed under this Section may be assessed
11		against an organization chartered by Congress that
12		requests a certificate for the purpose of death
13		verification.
14		No fee imposed under this Section may be assessed
15		against a victim of domestic violence as defined in the
16		Illinois Domestic Violence Act of 1986. To qualify for the
17		waiver of a fee, the person seeking the vital record must
18		provide a certification letter as described in Section
19		25.6.
20		Any custodian of vital records, whether it may be the
21		Department of Public Health, a local registrar, or a
22		county clerk shall charge an additional $2 for each
23		certified copy of a death certificate and that additional
24		fee shall be collected on behalf of the Department of
25		Financial and Professional Regulation for deposit into the
26		Cemetery Oversight Licensing and Disciplinary Fund.

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1		As used in this paragraph, "veteran" means an
2		individual who served in the Armed Forces of the United
3		States, National Guard, or the reserves of the Armed
4		Forces of the United States.
5		(2) The certification of birth may contain only the
6		name, sex, date of birth, and place of birth, of the person
7		to whom it relates, the name, age and birthplace of the
8		parents, and the file number; and none of the other data on
9		the certificate of birth except as authorized under
10		subsection (5) of this Section.
11		(3) The certification of death shall contain only the
12		name, Social Security Number, sex, date of death, and
13		place of death of the person to whom it relates, and file
14		number; and none of the other data on the certificate of
15		death except as authorized under subsection (5) of this
16		Section.
17		(4) Certification or a certified copy of a certificate
18		shall be issued:
19		(a) Upon the order of a court of competent
20		jurisdiction; or
21		(b) In case of a birth certificate, upon the
22		specific written request for a certification or
23		certified copy by the person, if of legal age, by a
24		parent or other legal representative of the person to
25		whom the record of birth relates, or by a person having
26		a genealogical interest; or

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1		(c) Upon the specific written request for a
2		certification or certified copy by a department of the
3		State state or a municipal corporation or the federal
4		government; or
5		(c-1) Upon the specific written request for a
6		certification or certified copy by a State's Attorney
7		for the purpose of a criminal prosecution; or
8		(d) In case of a death or fetal death certificate,
9		upon specific written request for a certified copy by
10		a person, or his duly authorized agent, having a
11		genealogical, personal, or property right interest in
12		the record.
13		A genealogical interest shall be a proper purpose with
14		respect to births which occurred not less than 75 years
15		and deaths which occurred not less than 20 years prior to
16		the date of written request. Where the purpose of the
17		request is a genealogical interest, the custodian shall
18		stamp the certification or copy with the words, FOR
19		GENEALOGICAL PURPOSES ONLY.
20		(5) Any certification or certified copy issued
21		pursuant to this Section shall show the date of
22		registration; and copies issued from records marked
23		"delayed," "amended," or "court order" shall be similarly
24		marked and show the effective date.
25		(6) Any certification or certified copy of a
26		certificate issued in accordance with this Section shall

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1		be considered as prima facie evidence of the facts therein
2		stated, provided that the evidentiary value of a
3		certificate or record filed more than one year after the
4		event, or a record which has been amended, shall be
5		determined by the judicial or administrative body or
6		official before whom the certificate is offered as
7		evidence.
8		(7) Any certification or certified copy issued
9		pursuant to this Section shall be issued without charge
10		when the record is required by the United States
11		Department of Veterans Affairs Veterans Administration or
12		by any accredited veterans organization to be used in
13		determining the eligibility of any person to participate
14		in benefits available from such organization. Requests for
15		such copies must be in accordance with Sections 1 and 2 of
16		Records for Veterans Administration Act "An Act to provide
17		for the furnishing of copies of public documents to
18		interested parties," approved May 17, 1935, as now or
19		hereafter amended.
20		(8) The National Vital Statistics Division, or any
21		agency which may be substituted therefor, may be furnished
22		such copies or data as it may require for national
23		statistics; provided that the State shall be reimbursed
24		for the cost of furnishing such data; and provided further
25		that such data shall not be used for other than
26		statistical purposes by the National Vital Statistics

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1		Division, or any agency which may be substituted therefor,
2		unless so authorized by the State Registrar of Vital
3		Records.
4		(9) Federal, State, local, and other public or private
5		agencies may, upon request, be furnished copies or data
6		for statistical purposes upon such terms or conditions as
7		may be prescribed by the Department.
8		(10) The State Registrar of Vital Records, at his
9		discretion and in the interest of promoting registration
10		of births, may issue, without fee, to the parents or
11		guardian of any or every child whose birth has been
12		registered in accordance with the provisions of this Act,
13		a special notice of registration of birth.
14		(11) No person shall prepare or issue any certificate
15		which purports to be an original, certified copy, or
16		certification of a certificate of birth, death, or fetal
17		death, except as authorized in this Act or regulations
18		adopted hereunder.
19		(12) A computer print-out of any record of birth,
20		death, or fetal record that may be certified under this
21		Section may be used in place of such certification and
22		such computer print-out shall have the same legal force
23		and effect as a certified copy of the document.
24		(13) The State Registrar may verify from the
25		information contained in the index maintained by the State
26		Registrar the authenticity of information on births,

HB4844 Engrossed - 1504 - LRB103 39009 AMC 69146 b
1		deaths, marriages, and dissolution of marriages provided
2		to a federal agency or a public agency of another state by
3		a person seeking benefits or employment from the agency,
4		provided the agency pays a fee of $10.
5		(14) The State Registrar may issue commemorative birth
6		certificates to persons eligible to receive birth
7		certificates under this Section upon the payment of a fee
8		to be determined by the State Registrar.
9		(Source: P.A. 102-739, eff. 1-1-23; 103-95, eff. 6-9-23;
10		103-170, eff. 1-1-24; revised 9-1-23.)
11		(410 ILCS 535/25.6)
12		Sec. 25.6. Fee waiver; persons who reside in a shelter for
13		domestic violence.
14		(a) The applicable fees under Section 17 of this Act for a
15		new certificate of birth and Section 25 of this Act for a
16		search of a birth record or a certified copy of a birth record
17		shall be waived for all requests by a person who resides in a
18		shelter for domestic violence. The State Registrar of Vital
19		Records shall establish standards and procedures consistent
20		with this Section for waiver of the applicable fees. A person
21		described under this Section must not be charged for
22		verification under this Section. A person who knowingly or
23		purposefully falsifies this verification is subject to a
24		penalty of $100.
25		(b) A person who resides in a shelter for domestic

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1		violence shall be provided no more than 4 birth records
2		annually under this Section.
3		(Source: P.A. 102-1141, eff. 7-1-23.)
4		(410 ILCS 535/25.7)
5		Sec. 25.7 25.6. Certification letter form. In order to
6		seek a waiver of the fee for a copy of a vital record, the
7		person seeking the record must provide the following
8		certification letter:
9		Certification Letter for Domestic Violence Waiver for Illinois
10		Vital Records
11		Full Name of Applicant:...............................
12		Date of Birth:........................................
13		I,........................, certify, to the best of my
14		knowledge and belief, that on the date listed below, the above
15		named individual is a victim or child of a victim of domestic
16		violence, as defined by Section 103 of the Illinois Domestic
17		Violence Act of 1986 (750 ILCS 60/103), who is currently
18		fleeing a dangerous living situation. I provide this
19		certification in my capacity as (check one below):
20		( ) an advocate at a family violence center who
21		assisted the victim;
22		( ) a licensed medical care or mental health provider;
23		( ) the director of an emergency shelter or
24		transitional housing; or

HB4844 Engrossed - 1506 - LRB103 39009 AMC 69146 b
1		( ) the director of a transitional living program.
2		Signature:................. Date:........................
3		Title:..................... Employer:....................
4		Email:..................... Phone:.......................
5		Address:................... City:........................
6		State:..................... Zip:.........................
7		(Source: P.A. 103-170, eff. 1-1-24; revised 1-2-24.)
8		Section 490. The Sanitary Food Preparation Act is amended
9		by changing Section 8 as follows:
10		(410 ILCS 650/8) (from Ch. 56 1/2, par. 74)
11		Sec. 8. No operative, employee, or other person persons
12		shall expectorate on the food, or on the utensils, or on the
13		floors or sidewalls of any building, room, basement, or cellar
14		where the production, preparation, manufacture, packing,
15		storing, or sale of any such food is conducted. Operatives,
16		employees, clerks, and all other persons who handle the
17		material from which such food is prepared or the finished
18		product, before beginning work, or after visiting toilet or
19		toilets, shall wash their hands thoroughly in clean water.
20		Whoever fails to observe or violates the provisions of this
21		Section shall be guilty of a petty offense and fined not more
22		than $25.
23		(Source: P.A. 103-154, eff. 6-30-23; revised 9-25-23.)

HB4844 Engrossed - 1507 - LRB103 39009 AMC 69146 b
1		Section 495. The Cannabis Regulation and Tax Act is
2		amended by changing Sections 15-150 and 15-170 as follows:
3		(410 ILCS 705/15-150)
4		Sec. 15-150. Temporary suspension.
5		(a) The Secretary of Financial and Professional Regulation
6		may temporarily suspend a dispensing organization license or
7		an agent registration without a hearing if the Secretary finds
8		that public safety or welfare requires emergency action. The
9		Secretary shall cause the temporary suspension by issuing a
10		suspension notice in connection with the institution of
11		proceedings for a hearing.
12		(b) If the Secretary temporarily suspends a license or
13		agent registration without a hearing, the licensee or agent is
14		entitled to a hearing within 45 days after the suspension
15		notice has been issued. The hearing shall be limited to the
16		issues cited in the suspension notice, unless all parties
17		agree otherwise.
18		(c) If the Department does not hold a hearing within with
19		45 days after the date the suspension notice was issued, then
20		the suspended license or registration shall be automatically
21		reinstated and the suspension vacated.
22		(d) The suspended licensee or agent may seek a continuance
23		of the hearing date, during which time the suspension remains
24		in effect and the license or registration shall not be
25		automatically reinstated.

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1		(e) Subsequently discovered causes of action by the
2		Department after the issuance of the suspension notice may be
3		filed as a separate notice of violation. The Department is not
4		precluded from filing a separate action against the suspended
5		licensee or agent.
6		(Source: P.A. 101-27, eff. 6-25-19; revised 4-6-23.)
7		(410 ILCS 705/15-170)
8		Sec. 15-170. Hearing; motion for rehearing.
9		(a) The hearing officer shall hear evidence in support of
10		the formal charges and evidence produced by the licensee. At
11		the conclusion of the hearing, the hearing officer shall
12		present to the Secretary a written report of his or her
13		findings of fact, conclusions of law, and recommendations.
14		(b) At the conclusion of the hearing, a copy of the hearing
15		officer's report shall be served upon the applicant or
16		licensee by the Department, either personally or as provided
17		in this Act for the service of a notice of hearing. Within 20
18		calendar days after service, the applicant or licensee may
19		present to the Department a motion in writing for rehearing,
20		which shall specify the particular grounds for rehearing. The
21		Department may respond to the motion for rehearing within 20
22		calendar days after its service on the Department. If no
23		motion for rehearing is filed, then, upon the expiration of
24		the time specified for filing such motion or upon denial of a
25		motion for rehearing, the Secretary may enter an order in

HB4844 Engrossed - 1509 - LRB103 39009 AMC 69146 b
1		accordance with the recommendation of the hearing officer. If
2		the applicant or licensee orders from the reporting service
3		and pays for a transcript of the record within the time for
4		filing a motion for rehearing, the 20-day period within which
5		a motion may be filed shall commence upon the delivery of the
6		transcript to the applicant or licensee.
7		(c) If the Secretary disagrees in any regard with the
8		report of the hearing officer, the Secretary may issue an
9		order contrary to the report.
10		(d) Whenever the Secretary is not satisfied that
11		substantial justice has been done, the Secretary may order a
12		rehearing by the same or another hearing officer.
13		(e) At any point in any investigation or disciplinary
14		proceeding under in this Article, both parties may agree to a
15		negotiated consent order. The consent order shall be final
16		upon signature of the Secretary.
17		(Source: P.A. 101-27, eff. 6-25-19; revised 4-6-23.)
18		Section 500. The Environmental Protection Act is amended
19		by changing Sections 17.12, 22.15, 31, 58.5, 58.6, and 58.7 as
20		follows:
21		(415 ILCS 5/17.12)
22		Sec. 17.12. Lead service line replacement and
23		notification.
24		(a) The purpose of this Act is to: (1) require the owners

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1		and operators of community water supplies to develop,
2		implement, and maintain a comprehensive water service line
3		material inventory and a comprehensive lead service line
4		replacement plan, provide notice to occupants of potentially
5		affected buildings before any construction or repair work on
6		water mains or lead service lines, and request access to
7		potentially affected buildings before replacing lead service
8		lines; and (2) prohibit partial lead service line
9		replacements, except as authorized within this Section.
10		(b) The General Assembly finds and declares that:
11		(1) There is no safe level of exposure to heavy metal
12		lead, as found by the United States Environmental
13		Protection Agency and the Centers for Disease Control and
14		Prevention.
15		(2) Lead service lines can convey this harmful
16		substance to the drinking water supply.
17		(3) According to the Illinois Environmental Protection
18		Agency's 2018 Service Line Material Inventory, the State
19		of Illinois is estimated to have over 680,000 lead-based
20		service lines still in operation.
21		(4) The true number of lead service lines is not fully
22		known because Illinois lacks an adequate inventory of lead
23		service lines.
24		(5) For the general health, safety, and welfare of its
25		residents, all lead service lines in Illinois should be
26		disconnected from the drinking water supply, and the

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1		State's drinking water supply.
2		(c) In this Section:
3		"Advisory Board" means the Lead Service Line Replacement
4		Advisory Board created under subsection (x).
5		"Community water supply" has the meaning ascribed to it in
6		Section 3.145 of this Act.
7		"Department" means the Department of Public Health.
8		"Emergency repair" means any unscheduled water main, water
9		service, or water valve repair or replacement that results
10		from failure or accident.
11		"Fund" means the Lead Service Line Replacement Fund
12		created under subsection (bb).
13		"Lead service line" means a service line made of lead or
14		service line connected to a lead pigtail, lead gooseneck, or
15		other lead fitting.
16		"Material inventory" means a water service line material
17		inventory developed by a community water supply under this
18		Act.
19		"Non-community water supply" has the meaning ascribed to
20		it in Section 3.145 of the Environmental Protection Act.
21		"NSF/ANSI Standard" means a water treatment standard
22		developed by NSF International.
23		"Partial lead service line replacement" means replacement
24		of only a portion of a lead service line.
25		"Potentially affected building" means any building that is
26		provided water service through a service line that is either a

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1		lead service line or a suspected lead service line.
2		"Public water supply" has the meaning ascribed to it in
3		Section 3.365 of this Act.
4		"Service line" means the piping, tubing, and necessary
5		appurtenances acting as a conduit from the water main or
6		source of potable water supply to the building plumbing at the
7		first shut-off valve or 18 inches inside the building,
8		whichever is shorter.
9		"Suspected lead service line" means a service line that a
10		community water supply finds more likely than not to be made of
11		lead after completing the requirements under paragraphs (2)
12		through (5) of subsection (h).
13		"Small system" means a community water supply that
14		regularly serves water to 3,300 or fewer persons.
15		(d) An owner or operator of a community water supply
16		shall:
17		(1) develop an initial material inventory by April 15,
18		2022 and electronically submit by April 15, 2023 an
19		updated material inventory electronically to the Agency;
20		and
21		(2) deliver a complete material inventory to the
22		Agency no later than April 15, 2024, or such time as
23		required by federal law, whichever is sooner. The complete
24		inventory shall report the composition of all service
25		lines in the community water supply's distribution system.
26		(e) The Agency shall review and approve the final material

HB4844 Engrossed - 1513 - LRB103 39009 AMC 69146 b
1		inventory submitted to it under subsection (d).
2		(f) If a community water supply does not submit a complete
3		inventory to the Agency by April 15, 2024 under paragraph (2)
4		of subsection (d), the community water supply may apply for an
5		extension to the Agency no less than 3 months prior to the due
6		date. The Agency shall develop criteria for granting material
7		inventory extensions. When considering requests for extension,
8		the Agency shall, at a minimum, consider:
9		(1) the number of service connections in a water
10		supply; and
11		(2) the number of service lines of an unknown material
12		composition.
13		(g) A material inventory prepared for a community water
14		supply under subsection (d) shall identify:
15		(1) the total number of service lines connected to the
16		community water supply's distribution system;
17		(2) the materials of construction of each service line
18		connected to the community water supply's distribution
19		system;
20		(3) the number of suspected lead service lines that
21		were newly identified in the material inventory for the
22		community water supply after the community water supply
23		last submitted a service line inventory to the Agency; and
24		(4) the number of suspected or known lead service
25		lines that were replaced after the community water supply
26		last submitted a service line inventory to the Agency, and

HB4844 Engrossed - 1514 - LRB103 39009 AMC 69146 b
1		the material of the service line that replaced each lead
2		service line.
3		When identifying the materials of construction under
4		paragraph (2) of this subsection, the owner or operator of the
5		community water supply shall to the best of the owner's or
6		operator's ability identify the type of construction material
7		used on the customer's side of the curb box, meter, or other
8		line of demarcation and the community water supply's side of
9		the curb box, meter, or other line of demarcation.
10		(h) In completing a material inventory under subsection
11		(d), the owner or operator of a community water supply shall:
12		(1) prioritize inspections of high-risk areas
13		identified by the community water supply and inspections
14		of high-risk facilities, such as preschools, day care
15		centers, day care homes, group day care homes, parks,
16		playgrounds, hospitals, and clinics, and confirm service
17		line materials in those areas and at those facilities;
18		(2) review historical documentation, such as
19		construction logs or cards, as-built drawings, purchase
20		orders, and subdivision plans, to determine service line
21		material construction;
22		(3) when conducting distribution system maintenance,
23		visually inspect service lines and document materials of
24		construction;
25		(4) identify any time period when the service lines
26		being connected to its distribution system were primarily

HB4844 Engrossed - 1515 - LRB103 39009 AMC 69146 b
1		lead service lines, if such a time period is known or
2		suspected; and
3		(5) discuss service line repair and installation with
4		its employees, contractors, plumbers, other workers who
5		worked on service lines connected to its distribution
6		system, or all of the above.
7		(i) The owner or operator of each community water supply
8		shall maintain records of persons who refuse to grant access
9		to the interior of a building for purposes of identifying the
10		materials of construction of a service line. If a community
11		water supply has been denied access on the property or to the
12		interior of a building for that reason, then the community
13		water supply shall attempt to identify the service line as a
14		suspected lead service line, unless documentation is provided
15		showing otherwise.
16		(j) If a community water supply identifies a lead service
17		line connected to a building, the owner or operator of the
18		community water supply shall attempt to notify the owner of
19		the building and all occupants of the building of the
20		existence of the lead service line within 15 days after
21		identifying the lead service line, or as soon as is reasonably
22		possible thereafter. Individual written notice shall be given
23		according to the provisions of subsection (jj).
24		(k) An owner or operator of a community water supply has no
25		duty to include in the material inventory required under
26		subsection (d) information about service lines that are

HB4844 Engrossed - 1516 - LRB103 39009 AMC 69146 b
1		physically disconnected from a water main in its distribution
2		system.
3		(l) The owner or operator of each community water supply
4		shall post on its website a copy of the most recently submitted
5		material inventory or alternatively may request that the
6		Agency post a copy of that material inventory on the Agency's
7		website.
8		(m) Nothing in this Section shall be construed to require
9		service lines to be unearthed for the sole purpose of
10		inventorying.
11		(n) When an owner or operator of a community water supply
12		awards a contract under this Section, the owner or operator
13		shall make a good faith effort to use contractors and vendors
14		owned by minority persons, women, and persons with a
15		disability, as those terms are defined in Section 2 of the
16		Business Enterprise for Minorities, Women, and Persons with
17		Disabilities Act, for not less than 20% of the total
18		contracts, provided that:
19		(1) contracts representing at least 11% of the total
20		projects shall be awarded to minority-owned businesses, as
21		defined in Section 2 of the Business Enterprise for
22		Minorities, Women, and Persons with Disabilities Act;
23		(2) contracts representing at least 7% of the total
24		projects shall be awarded to women-owned businesses, as
25		defined in Section 2 of the Business Enterprise for
26		Minorities, Women, and Persons with Disabilities Act; and

HB4844 Engrossed - 1517 - LRB103 39009 AMC 69146 b
1		(3) contracts representing at least 2% of the total
2		projects shall be awarded to businesses owned by persons
3		with a disability.
4		Owners or operators of a community water supply are
5		encouraged to divide projects, whenever economically feasible,
6		into contracts of smaller size that ensure small business
7		contractors or vendors shall have the ability to qualify in
8		the applicable bidding process, when determining the ability
9		to deliver on a given contract based on scope and size, as a
10		responsible and responsive bidder.
11		When a contractor or vendor submits a bid or letter of
12		intent in response to a request for proposal or other bid
13		submission, the contractor or vendor shall include with its
14		responsive documents a utilization plan that shall address how
15		compliance with applicable good faith requirements set forth
16		in this subsection shall be addressed.
17		Under this subsection, "good faith effort" means a
18		community water supply has taken all necessary steps to comply
19		with the goals of this subsection by complying with the
20		following:
21		(1) Soliciting through reasonable and available means
22		the interest of a business, as defined in Section 2 of the
23		Business Enterprise for Minorities, Women, and Persons
24		with Disabilities Act, that have the capability to perform
25		the work of the contract. The community water supply must
26		solicit this interest within sufficient time to allow

HB4844 Engrossed - 1518 - LRB103 39009 AMC 69146 b
1		certified businesses to respond.
2		(2) Providing interested certified businesses with
3		adequate information about the plans, specifications, and
4		requirements of the contract, including addenda, in a
5		timely manner to assist them in responding to the
6		solicitation.
7		(3) Meeting in good faith with interested certified
8		businesses that have submitted bids.
9		(4) Effectively using the services of the State,
10		minority or women community organizations, minority or
11		women contractor groups, local, State, and federal
12		minority or women business assistance offices, and other
13		organizations to provide assistance in the recruitment and
14		placement of certified businesses.
15		(5) Making efforts to use appropriate forums for
16		purposes of advertising subcontracting opportunities
17		suitable for certified businesses.
18		The diversity goals defined in this subsection can be met
19		through direct award to diverse contractors and through the
20		use of diverse subcontractors and diverse vendors to
21		contracts.
22		(o) An owner or operator of a community water supply shall
23		collect data necessary to ensure compliance with subsection
24		(n) no less than semi-annually and shall include progress
25		toward compliance of subsection (n) in the owner or operator's
26		report required under subsection (t-5). The report must

HB4844 Engrossed - 1519 - LRB103 39009 AMC 69146 b
1		include data on vendor and employee diversity, including data
2		on the owner's or operator's implementation of subsection (n).
3		(p) Every owner or operator of a community water supply
4		that has known or suspected lead service lines shall:
5		(1) create a plan to:
6		(A) replace each lead service line connected to
7		its distribution system; and
8		(B) replace each galvanized service line connected
9		to its distribution system, if the galvanized service
10		line is or was connected downstream to lead piping;
11		and
12		(2) electronically submit, by April 15, 2024 its
13		initial lead service line replacement plan to the Agency;
14		(3) electronically submit by April 15 of each year
15		after 2024 until April 15, 2027 an updated lead service
16		line replacement plan to the Agency for review; the
17		updated replacement plan shall account for changes in the
18		number of lead service lines or unknown service lines in
19		the material inventory described in subsection (d);
20		(4) electronically submit by April 15, 2027 a complete
21		and final replacement plan to the Agency for approval; the
22		complete and final replacement plan shall account for all
23		known and suspected lead service lines documented in the
24		final material inventory described under paragraph (3) of
25		subsection (d); and
26		(5) post on its website a copy of the plan most

HB4844 Engrossed - 1520 - LRB103 39009 AMC 69146 b
1		recently submitted to the Agency or may request that the
2		Agency post a copy of that plan on the Agency's website.
3		(q) Each plan required under paragraph (1) of subsection
4		(p) shall include the following:
5		(1) the name and identification number of the
6		community water supply;
7		(2) the total number of service lines connected to the
8		distribution system of the community water supply;
9		(3) the total number of suspected lead service lines
10		connected to the distribution system of the community
11		water supply;
12		(4) the total number of known lead service lines
13		connected to the distribution system of the community
14		water supply;
15		(5) the total number of lead service lines connected
16		to the distribution system of the community water supply
17		that have been replaced each year beginning in 2020;
18		(6) a proposed lead service line replacement schedule
19		that includes one-year, 5-year, 10-year, 15-year, 20-year,
20		25-year, and 30-year goals;
21		(7) an analysis of costs and financing options for
22		replacing the lead service lines connected to the
23		community water supply's distribution system, which shall
24		include, but shall not be limited to:
25		(A) a detailed accounting of costs associated with
26		replacing lead service lines and galvanized lines that

HB4844 Engrossed - 1521 - LRB103 39009 AMC 69146 b
1		are or were connected downstream to lead piping;
2		(B) measures to address affordability and prevent
3		service shut-offs for customers or ratepayers; and
4		(C) consideration of different scenarios for
5		structuring payments between the utility and its
6		customers over time; and
7		(8) a plan for prioritizing high-risk facilities, such
8		as preschools, day care centers, day care homes, group day
9		care homes, parks, playgrounds, hospitals, and clinics, as
10		well as high-risk areas identified by the community water
11		supply;
12		(9) a map of the areas where lead service lines are
13		expected to be found and the sequence with which those
14		areas will be inventoried and lead service lines replaced;
15		(10) measures for how the community water supply will
16		inform the public of the plan and provide opportunity for
17		public comment; and
18		(11) measures to encourage diversity in hiring in the
19		workforce required to implement the plan as identified
20		under subsection (n).
21		(r) The Agency shall review final plans submitted to it
22		under subsection (p). The Agency shall approve a final plan if
23		the final plan includes all of the elements set forth under
24		subsection (q) and the Agency determines that:
25		(1) the proposed lead service line replacement
26		schedule set forth in the plan aligns with the timeline

HB4844 Engrossed - 1522 - LRB103 39009 AMC 69146 b
1		requirements set forth under subsection (v);
2		(2) the plan prioritizes the replacement of lead
3		service lines that provide water service to high-risk
4		facilities, such as preschools, day care centers, day care
5		homes, group day care homes, parks, playgrounds,
6		hospitals, and clinics, and high-risk areas identified by
7		the community water supply;
8		(3) the plan includes analysis of cost and financing
9		options; and
10		(4) the plan provides documentation of public review.
11		(s) An owner or operator of a community water supply has no
12		duty to include in the plans required under subsection (p)
13		information about service lines that are physically
14		disconnected from a water main in its distribution system.
15		(t) If a community water supply does not deliver a
16		complete plan to the Agency by April 15, 2027, the community
17		water supply may apply to the Agency for an extension no less
18		than 3 months prior to the due date. The Agency shall develop
19		criteria for granting plan extensions. When considering
20		requests for extension, the Agency shall, at a minimum,
21		consider:
22		(1) the number of service connections in a water
23		supply; and
24		(2) the number of service lines of an unknown material
25		composition.
26		(t-5) After the Agency has approved the final replacement

HB4844 Engrossed - 1523 - LRB103 39009 AMC 69146 b
1		plan described in subsection (p), the owner or operator of a
2		community water supply shall submit a report detailing
3		progress toward plan goals to the Agency for its review. The
4		report shall be submitted annually for the first 10 years, and
5		every 3 years thereafter until all lead service lines have
6		been replaced. Reports under this subsection shall be
7		published in the same manner described in subsection (l). The
8		report shall include at least the following information as it
9		pertains to the preceding reporting period:
10		(1) The number of lead service lines replaced and the
11		average cost of lead service line replacement.
12		(2) Progress toward meeting hiring requirements as
13		described in subsection (n) and subsection (o).
14		(3) The percent of customers electing a waiver
15		offered, as described in subsections (ii) and (jj), among
16		those customers receiving a request or notification to
17		perform a lead service line replacement.
18		(4) The method or methods used by the community water
19		supply to finance lead service line replacement.
20		(u) Notwithstanding any other provision of law, in order
21		to provide for costs associated with lead service line
22		remediation and replacement, the corporate authorities of a
23		municipality may, by ordinance or resolution by the corporate
24		authorities, exercise authority provided in Section 27-5 et
25		seq. of the Property Tax Code and Sections 8-3-1, 8-11-1,
26		8-11-5, 8-11-6, 9-1-1 et seq., 9-3-1 et seq., 9-4-1 et seq.,

HB4844 Engrossed - 1524 - LRB103 39009 AMC 69146 b
1		11-131-1, and 11-150-1 of the Illinois Municipal Code. Taxes
2		levied for this purpose shall be in addition to taxes for
3		general purposes authorized under Section 8-3-1 of the
4		Illinois Municipal Code and shall be included in the taxing
5		district's aggregate extension for the purposes of Division 5
6		of Article 18 of the Property Tax Code.
7		(v) Every owner or operator of a community water supply
8		shall replace all known lead service lines, subject to the
9		requirements of subsection (ff), according to the following
10		replacement rates and timelines to be calculated from the date
11		of submission of the final replacement plan to the Agency:
12		(1) A community water supply reporting 1,200 or fewer
13		lead service lines in its final inventory and replacement
14		plan shall replace all lead service lines, at an annual
15		rate of no less than 7% of the amount described in the
16		final inventory, with a timeline of up to 15 years for
17		completion.
18		(2) A community water supply reporting more than 1,200
19		but fewer than 5,000 lead service lines in its final
20		inventory and replacement plan shall replace all lead
21		service lines, at an annual rate of no less than 6% of the
22		amount described in the final inventory, with a timeline
23		of up to 17 years for completion.
24		(3) A community water supply reporting more than 4,999
25		but fewer than 10,000 lead service lines in its final
26		inventory and replacement plan shall replace all lead

HB4844 Engrossed - 1525 - LRB103 39009 AMC 69146 b
1		service lines, at an annual rate of no less than 5% of the
2		amount described in the final inventory, with a timeline
3		of up to 20 years for completion.
4		(4) A community water supply reporting more than 9,999
5		but fewer than 99,999 lead service lines in its final
6		inventory and replacement plan shall replace all lead
7		service lines, at an annual rate of no less than 3% of the
8		amount described in the final inventory, with a timeline
9		of up to 34 years for completion.
10		(5) A community water supply reporting more than
11		99,999 lead service lines in its final inventory and
12		replacement plan shall replace all lead service lines, at
13		an annual rate of no less than 2% of the amount described
14		in the final inventory, with a timeline of up to 50 years
15		for completion.
16		(w) A community water supply may apply to the Agency for an
17		extension to the replacement timelines described in paragraphs
18		(1) through (5) of subsection (v). The Agency shall develop
19		criteria for granting replacement timeline extensions. When
20		considering requests for timeline extensions, the Agency
21		shall, at a minimum, consider:
22		(1) the number of service connections in a water
23		supply; and
24		(2) unusual circumstances creating hardship for a
25		community.
26		The Agency may grant one extension of additional time

HB4844 Engrossed - 1526 - LRB103 39009 AMC 69146 b
1		equal to not more than 20% of the original replacement
2		timeline, except in situations of extreme hardship in which
3		the Agency may consider a second additional extension equal to
4		not more than 10% of the original replacement timeline.
5		Replacement rates and timelines shall be calculated from
6		the date of submission of the final plan to the Agency.
7		(x) The Lead Service Line Replacement Advisory Board is
8		created within the Agency. The Advisory Board shall convene
9		within 120 days after January 1, 2022 (the effective date of
10		Public Act 102-613).
11		The Advisory Board shall consist of at least 28 voting
12		members, as follows:
13		(1) the Director of the Agency, or his or her
14		designee, who shall serve as chairperson;
15		(2) the Director of Revenue, or his or her designee;
16		(3) the Director of Public Health, or his or her
17		designee;
18		(4) fifteen members appointed by the Agency as
19		follows:
20		(A) one member representing a statewide
21		organization of municipalities as authorized by
22		Section 1-8-1 of the Illinois Municipal Code;
23		(B) two members who are mayors representing
24		municipalities located in any county south of the
25		southernmost county represented by one of the 10
26		largest municipalities in Illinois by population, or

HB4844 Engrossed - 1527 - LRB103 39009 AMC 69146 b
1		their respective designees;
2		(C) two members who are representatives from
3		public health advocacy groups;
4		(D) two members who are representatives from
5		publicly owned publicly-owned water utilities;
6		(E) one member who is a representative from a
7		public utility as defined under Section 3-105 of the
8		Public Utilities Act that provides water service in
9		the State of Illinois;
10		(F) one member who is a research professional
11		employed at an Illinois academic institution and
12		specializing in water infrastructure research;
13		(G) two members who are representatives from
14		nonprofit civic organizations;
15		(H) one member who is a representative from a
16		statewide organization representing environmental
17		organizations;
18		(I) two members who are representatives from
19		organized labor; and
20		(J) one member representing an environmental
21		justice organization; and
22		(5) ten members who are the mayors of the 10 largest
23		municipalities in Illinois by population, or their
24		respective designees.
25		No less than 10 of the 28 voting members shall be persons
26		of color, and no less than 3 shall represent communities

HB4844 Engrossed - 1528 - LRB103 39009 AMC 69146 b
1		defined or self-identified as environmental justice
2		communities.
3		Advisory Board members shall serve without compensation,
4		but may be reimbursed for necessary expenses incurred in the
5		performance of their duties from funds appropriated for that
6		purpose. The Agency shall provide administrative support to
7		the Advisory Board.
8		The Advisory Board shall meet no less than once every 6
9		months.
10		(y) The Advisory Board shall have, at a minimum, the
11		following duties:
12		(1) advising the Agency on best practices in lead
13		service line replacement;
14		(2) reviewing the progress of community water supplies
15		toward lead service line replacement goals;
16		(3) advising the Agency on other matters related to
17		the administration of the provisions of this Section;
18		(4) advising the Agency on the integration of existing
19		lead service line replacement plans with any statewide
20		plan; and
21		(5) providing technical support and practical
22		expertise in general.
23		(z) Within 18 months after January 1, 2022 (the effective
24		date of Public Act 102-613), the Advisory Board shall deliver
25		a report of its recommendations to the Governor and the
26		General Assembly concerning opportunities for dedicated,

HB4844 Engrossed - 1529 - LRB103 39009 AMC 69146 b
1		long-term revenue options for funding lead service line
2		replacement. In submitting recommendations, the Advisory Board
3		shall consider, at a minimum, the following:
4		(1) the sufficiency of various revenue sources to
5		adequately fund replacement of all lead service lines in
6		Illinois;
7		(2) the financial burden, if any, on households
8		falling below 150% of the federal poverty limit;
9		(3) revenue options that guarantee low-income
10		households are protected from rate increases;
11		(4) an assessment of the ability of community water
12		supplies to assess and collect revenue;
13		(5) variations in financial resources among individual
14		households within a service area; and
15		(6) the protection of low-income households from rate
16		increases.
17		(aa) Within 10 years after January 1, 2022 (the effective
18		date of Public Act 102-613), the Advisory Board shall prepare
19		and deliver a report to the Governor and General Assembly
20		concerning the status of all lead service line replacement
21		within the State.
22		(bb) The Lead Service Line Replacement Fund is created as
23		a special fund in the State treasury to be used by the Agency
24		for the purposes provided under this Section. The Fund shall
25		be used exclusively to finance and administer programs and
26		activities specified under this Section and listed under this

HB4844 Engrossed - 1530 - LRB103 39009 AMC 69146 b
1		subsection.
2		The objective of the Fund is to finance activities
3		associated with identifying and replacing lead service lines,
4		build Agency capacity to oversee the provisions of this
5		Section, and provide related assistance for the activities
6		listed under this subsection.
7		The Agency shall be responsible for the administration of
8		the Fund and shall allocate moneys on the basis of priorities
9		established by the Agency through administrative rule. On July
10		1, 2022 and on July 1 of each year thereafter, the Agency shall
11		determine the available amount of resources in the Fund that
12		can be allocated to the activities identified under this
13		Section and shall allocate the moneys accordingly.
14		Notwithstanding any other law to the contrary, the Lead
15		Service Line Replacement Fund is not subject to sweeps,
16		administrative charge-backs, or any other fiscal maneuver that
17		would in any way transfer any amounts from the Lead Service
18		Line Replacement Fund into any other fund of the State.
19		(cc) Within one year after January 1, 2022 (the effective
20		date of Public Act 102-613), the Agency shall design rules for
21		a program for the purpose of administering lead service line
22		replacement funds. The rules must, at minimum, contain:
23		(1) the process by which community water supplies may
24		apply for funding; and
25		(2) the criteria for determining unit of local
26		government eligibility and prioritization for funding,

HB4844 Engrossed - 1531 - LRB103 39009 AMC 69146 b
1		including the prevalence of low-income households, as
2		measured by median household income, the prevalence of
3		lead service lines, and the prevalence of water samples
4		that demonstrate elevated levels of lead.
5		(dd) Funding under subsection (cc) shall be available for
6		costs directly attributable to the planning, design, or
7		construction directly related to the replacement of lead
8		service lines and restoration of property.
9		Funding shall not be used for the general operating
10		expenses of a municipality or community water supply.
11		(ee) An owner or operator of any community water supply
12		receiving grant funding under subsection (cc) shall bear the
13		entire expense of full lead service line replacement for all
14		lead service lines in the scope of the grant.
15		(ff) When replacing a lead service line, the owner or
16		operator of the community water supply shall replace the
17		service line in its entirety, including, but not limited to,
18		any portion of the service line (i) running on private
19		property and (ii) within the building's plumbing at the first
20		shut-off valve. Partial lead service line replacements are
21		expressly prohibited. Exceptions shall be made under the
22		following circumstances:
23		(1) In the event of an emergency repair that affects a
24		lead service line or a suspected lead service line, a
25		community water supply must contact the building owner to
26		begin the process of replacing the entire service line. If

HB4844 Engrossed - 1532 - LRB103 39009 AMC 69146 b
1		the building owner is not able to be contacted or the
2		building owner or occupant refuses to grant access and
3		permission to replace the entire service line at the time
4		of the emergency repair, then the community water supply
5		may perform a partial lead service line replacement. Where
6		an emergency repair on a service line constructed of lead
7		or galvanized steel pipe results in a partial service line
8		replacement, the water supply responsible for commencing
9		the repair shall perform the following:
10		(A) Notify the building's owner or operator and
11		the resident or residents served by the lead service
12		line in writing that a repair has been completed. The
13		notification shall include, at a minimum:
14		(i) a warning that the work may result in
15		sediment, possibly containing lead, in the
16		building's buildings water supply system;
17		(ii) information concerning practices for
18		preventing the consumption of any lead in drinking
19		water, including a recommendation to flush water
20		distribution pipe during and after the completion
21		of the repair or replacement work and to clean
22		faucet aerator screens; and
23		(iii) information regarding the dangers of
24		lead to young children and pregnant women.
25		(B) Provide filters for at least one fixture
26		supplying potable water for consumption. The filter

HB4844 Engrossed - 1533 - LRB103 39009 AMC 69146 b
1		must be certified by an accredited third-party
2		certification body to NSF/ANSI 53 and NSF/ANSI 42 for
3		the reduction of lead and particulate. The filter must
4		be provided until such time that the remaining
5		portions of the service line have been replaced with a
6		material approved by the Department or a waiver has
7		been issued under subsection (ii).
8		(C) Replace the remaining portion of the lead
9		service line within 30 days of the repair, or 120 days
10		in the event of weather or other circumstances beyond
11		reasonable control that prohibits construction. If a
12		complete lead service line replacement cannot be made
13		within the required period, the community water supply
14		responsible for commencing the repair shall notify the
15		Department in writing, at a minimum, of the following
16		within 24 hours of the repair:
17		(i) an explanation of why it is not feasible
18		to replace the remaining portion of the lead
19		service line within the allotted time; and
20		(ii) a timeline for when the remaining portion
21		of the lead service line will be replaced.
22		(D) If complete repair of a lead service line
23		cannot be completed due to denial by the property
24		owner, the community water supply commencing the
25		repair shall request the affected property owner to
26		sign a waiver developed by the Department. If a

HB4844 Engrossed - 1534 - LRB103 39009 AMC 69146 b
1		property owner of a nonresidential building or
2		residence operating as rental properties denies a
3		complete lead service line replacement, the property
4		owner shall be responsible for installing and
5		maintaining point-of-use filters certified by an
6		accredited third-party certification body to NSF/ANSI
7		53 and NSF/ANSI 42 for the reduction of lead and
8		particulate at all fixtures intended to supply water
9		for the purposes of drinking, food preparation, or
10		making baby formula. The filters shall continue to be
11		supplied by the property owner until such time that
12		the property owner has affected the remaining portions
13		of the lead service line to be replaced.
14		(E) Document any remaining lead service line,
15		including a portion on the private side of the
16		property, in the community water supply's distribution
17		system materials inventory required under subsection
18		(d).
19		For the purposes of this paragraph (1), written notice
20		shall be provided in the method and according to the
21		provisions of subsection (jj).
22		(2) Lead service lines that are physically
23		disconnected from the distribution system are exempt from
24		this subsection.
25		(gg) Except as provided in subsection (hh), on and after
26		January 1, 2022, when the owner or operator of a community

HB4844 Engrossed - 1535 - LRB103 39009 AMC 69146 b
1		water supply replaces a water main, the community water supply
2		shall identify all lead service lines connected to the water
3		main and shall replace the lead service lines by:
4		(1) identifying the material or materials of each lead
5		service line connected to the water main, including, but
6		not limited to, any portion of the service line (i)
7		running on private property and (ii) within the building
8		plumbing at the first shut-off valve or 18 inches inside
9		the building, whichever is shorter;
10		(2) in conjunction with replacement of the water main,
11		replacing any and all portions of each lead service line
12		connected to the water main that are composed of lead; and
13		(3) if a property owner or customer refuses to grant
14		access to the property, following prescribed notice
15		provisions as outlined in subsection (ff).
16		If an owner of a potentially affected building intends to
17		replace a portion of a lead service line or a galvanized
18		service line and the galvanized service line is or was
19		connected downstream to lead piping, then the owner of the
20		potentially affected building shall provide the owner or
21		operator of the community water supply with notice at least 45
22		days before commencing the work. In the case of an emergency
23		repair, the owner of the potentially affected building must
24		provide filters for each kitchen area that are certified by an
25		accredited third-party certification body to NSF/ANSI 53 and
26		NSF/ANSI 42 for the reduction of lead and particulate. If the

HB4844 Engrossed - 1536 - LRB103 39009 AMC 69146 b
1		owner of the potentially affected building notifies the owner
2		or operator of the community water supply that replacement of
3		a portion of the lead service line after the emergency repair
4		is completed, then the owner or operator of the community
5		water supply shall replace the remainder of the lead service
6		line within 30 days after completion of the emergency repair.
7		A community water supply may take up to 120 days if necessary
8		due to weather conditions. If a replacement takes longer than
9		30 days, filters provided by the owner of the potentially
10		affected building must be replaced in accordance with the
11		manufacturer's recommendations. Partial lead service line
12		replacements by the owners of potentially affected buildings
13		are otherwise prohibited.
14		(hh) For municipalities with a population in excess of
15		1,000,000 inhabitants, the requirements of subsection (gg)
16		shall commence on January 1, 2023.
17		(ii) At least 45 days before conducting planned lead
18		service line replacement, the owner or operator of a community
19		water supply shall, by mail, attempt to contact the owner of
20		the potentially affected building serviced by the lead service
21		line to request access to the building and permission to
22		replace the lead service line in accordance with the lead
23		service line replacement plan. If the owner of the potentially
24		affected building does not respond to the request within 15
25		days after the request is sent, the owner or operator of the
26		community water supply shall attempt to post the request on

HB4844 Engrossed - 1537 - LRB103 39009 AMC 69146 b
1		the entrance of the potentially affected building.
2		If the owner or operator of a community water supply is
3		unable to obtain approval to access and replace a lead service
4		line, the owner or operator of the community water supply
5		shall request that the owner of the potentially affected
6		building sign a waiver. The waiver shall be developed by the
7		Department and should be made available in the owner's
8		language. If the owner of the potentially affected building
9		refuses to sign the waiver or fails to respond to the community
10		water supply after the community water supply has complied
11		with this subsection, then the community water supply shall
12		notify the Department in writing within 15 working days.
13		(jj) When replacing a lead service line or repairing or
14		replacing water mains with lead service lines or partial lead
15		service lines attached to them, the owner or operator of a
16		community water supply shall provide the owner of each
17		potentially affected building that is serviced by the affected
18		lead service lines or partial lead service lines, as well as
19		the occupants of those buildings, with an individual written
20		notice. The notice shall be delivered by mail or posted at the
21		primary entranceway of the building. The notice must, in
22		addition, be electronically mailed where an electronic mailing
23		address is known or can be reasonably obtained. Written notice
24		shall include, at a minimum, the following:
25		(1) a warning that the work may result in sediment,
26		possibly containing lead from the service line, in the

HB4844 Engrossed - 1538 - LRB103 39009 AMC 69146 b
1		building's water;
2		(2) information concerning the best practices for
3		preventing exposure to or risk of consumption of lead in
4		drinking water, including a recommendation to flush water
5		lines during and after the completion of the repair or
6		replacement work and to clean faucet aerator screens; and
7		(3) information regarding the dangers of lead exposure
8		to young children and pregnant women.
9		When the individual written notice described in the first
10		paragraph of this subsection is required as a result of
11		planned work other than the repair or replacement of a water
12		meter, the owner or operator of the community water supply
13		shall provide the notice not less than 14 days before work
14		begins. When the individual written notice described in the
15		first paragraph of this subsection is required as a result of
16		emergency repairs other than the repair or replacement of a
17		water meter, the owner or operator of the community water
18		supply shall provide the notice at the time the work is
19		initiated. When the individual written notice described in the
20		first paragraph of this subsection is required as a result of
21		the repair or replacement of a water meter, the owner or
22		operator of the community water supply shall provide the
23		notice at the time the work is initiated.
24		The notifications required under this subsection must
25		contain the following statement in Spanish, Polish, Chinese,
26		Tagalog, Arabic, Korean, German, Urdu, and Gujarati: "This

HB4844 Engrossed - 1539 - LRB103 39009 AMC 69146 b
1		notice contains important information about your water service
2		and may affect your rights. We encourage you to have this
3		notice translated in full into a language you understand and
4		before you make any decisions that may be required under this
5		notice."
6		An owner or operator of a community water supply that is
7		required under this subsection to provide an individual
8		written notice to the owner and occupant of a potentially
9		affected building that is a multi-dwelling building may
10		satisfy that requirement and the requirements of this
11		subsection regarding notification to non-English speaking
12		customers by posting the required notice on the primary
13		entranceway of the building and at the location where the
14		occupant's mail is delivered as reasonably as possible.
15		When this subsection would require the owner or operator
16		of a community water supply to provide an individual written
17		notice to the entire community served by the community water
18		supply or would require the owner or operator of a community
19		water supply to provide individual written notices as a result
20		of emergency repairs or when the community water supply that
21		is required to comply with this subsection is a small system,
22		the owner or operator of the community water supply may
23		provide the required notice through local media outlets,
24		social media, or other similar means in lieu of providing the
25		individual written notices otherwise required under this
26		subsection.

HB4844 Engrossed - 1540 - LRB103 39009 AMC 69146 b
1		No notifications are required under this subsection for
2		work performed on water mains that are used to transmit
3		treated water between community water supplies and properties
4		that have no service connections.
5		(kk) No community water supply that sells water to any
6		wholesale or retail consecutive community water supply may
7		pass on any costs associated with compliance with this Section
8		to consecutive systems.
9		(ll) To the extent allowed by law, when a community water
10		supply replaces or installs a lead service line in a public
11		right-of-way or enters into an agreement with a private
12		contractor for replacement or installation of a lead service
13		line, the community water supply shall be held harmless for
14		all damage to property when replacing or installing the lead
15		service line. If dangers are encountered that prevent the
16		replacement of the lead service line, the community water
17		supply shall notify the Department within 15 working days of
18		why the replacement of the lead service line could not be
19		accomplished.
20		(mm) The Agency may propose to the Board, and the Board may
21		adopt, any rules necessary to implement and administer this
22		Section. The Department may adopt rules necessary to address
23		lead service lines attached to non-community water supplies.
24		(nn) Notwithstanding any other provision in this Section,
25		no requirement in this Section shall be construed as being
26		less stringent than existing applicable federal requirements.

HB4844 Engrossed - 1541 - LRB103 39009 AMC 69146 b
1		(oo) All lead service line replacements financed in whole
2		or in part with funds obtained under this Section shall be
3		considered public works for purposes of the Prevailing Wage
4		Act.
5		(pp) Beginning in 2023, each municipality with a
6		population of more than 1,000,000 inhabitants shall publicly
7		post on its website data describing progress the municipality
8		has made toward replacing lead service lines within the
9		municipality. The data required to be posted under this
10		subsection shall be the same information required to be
11		reported under paragraphs (1) through (4) of subsection (t-5)
12		of this Section. Beginning in 2024, each municipality that is
13		subject to this subsection shall annually update the data
14		posted on its website under this subsection. A municipality's
15		duty to post data under this subsection terminates only when
16		all lead service lines within the municipality have been
17		replaced. Nothing in this subsection (pp) shall be construed
18		to replace, undermine, conflict with, or otherwise amend the
19		responsibilities and requirements set forth in subsection
20		(t-5) of this Section.
21		(Source: P.A. 102-613, eff. 1-1-22; 102-813, eff. 5-13-22;
22		103-167, eff. 6-30-23; revised 9-20-23.)
23		(415 ILCS 5/22.15)
24		Sec. 22.15. Solid Waste Management Fund; fees.
25		(a) There is hereby created within the State Treasury a

HB4844 Engrossed - 1542 - LRB103 39009 AMC 69146 b
1		special fund to be known as the Solid Waste Management Fund, to
2		be constituted from the fees collected by the State pursuant
3		to this Section, from repayments of loans made from the Fund
4		for solid waste projects, from registration fees collected
5		pursuant to the Consumer Electronics Recycling Act, from fees
6		collected under the Paint Stewardship Act, and from amounts
7		transferred into the Fund pursuant to Public Act 100-433.
8		Moneys received by either the Agency or the Department of
9		Commerce and Economic Opportunity in repayment of loans made
10		pursuant to the Illinois Solid Waste Management Act shall be
11		deposited into the General Revenue Fund.
12		(b) The Agency shall assess and collect a fee in the amount
13		set forth herein from the owner or operator of each sanitary
14		landfill permitted or required to be permitted by the Agency
15		to dispose of solid waste if the sanitary landfill is located
16		off the site where such waste was produced and if such sanitary
17		landfill is owned, controlled, and operated by a person other
18		than the generator of such waste. The Agency shall deposit all
19		fees collected into the Solid Waste Management Fund. If a site
20		is contiguous to one or more landfills owned or operated by the
21		same person, the volumes permanently disposed of by each
22		landfill shall be combined for purposes of determining the fee
23		under this subsection. Beginning on July 1, 2018, and on the
24		first day of each month thereafter during fiscal years 2019
25		through 2024, the State Comptroller shall direct and State
26		Treasurer shall transfer an amount equal to 1/12 of $5,000,000

HB4844 Engrossed - 1543 - LRB103 39009 AMC 69146 b
1		per fiscal year from the Solid Waste Management Fund to the
2		General Revenue Fund.
3		(1) If more than 150,000 cubic yards of non-hazardous
4		solid waste is permanently disposed of at a site in a
5		calendar year, the owner or operator shall either pay a
6		fee of 95 cents per cubic yard or, alternatively, the
7		owner or operator may weigh the quantity of the solid
8		waste permanently disposed of with a device for which
9		certification has been obtained under the Weights and
10		Measures Act and pay a fee of $2.00 per ton of solid waste
11		permanently disposed of. In no case shall the fee
12		collected or paid by the owner or operator under this
13		paragraph exceed $1.55 per cubic yard or $3.27 per ton.
14		(2) If more than 100,000 cubic yards but not more than
15		150,000 cubic yards of non-hazardous waste is permanently
16		disposed of at a site in a calendar year, the owner or
17		operator shall pay a fee of $52,630.
18		(3) If more than 50,000 cubic yards but not more than
19		100,000 cubic yards of non-hazardous solid waste is
20		permanently disposed of at a site in a calendar year, the
21		owner or operator shall pay a fee of $23,790.
22		(4) If more than 10,000 cubic yards but not more than
23		50,000 cubic yards of non-hazardous solid waste is
24		permanently disposed of at a site in a calendar year, the
25		owner or operator shall pay a fee of $7,260.
26		(5) If not more than 10,000 cubic yards of

HB4844 Engrossed - 1544 - LRB103 39009 AMC 69146 b
1		non-hazardous solid waste is permanently disposed of at a
2		site in a calendar year, the owner or operator shall pay a
3		fee of $1050.
4		(c) (Blank).
5		(d) The Agency shall establish rules relating to the
6		collection of the fees authorized by this Section. Such rules
7		shall include, but not be limited to:
8		(1) necessary records identifying the quantities of
9		solid waste received or disposed;
10		(2) the form and submission of reports to accompany
11		the payment of fees to the Agency;
12		(3) the time and manner of payment of fees to the
13		Agency, which payments shall not be more often than
14		quarterly; and
15		(4) procedures setting forth criteria establishing
16		when an owner or operator may measure by weight or volume
17		during any given quarter or other fee payment period.
18		(e) Pursuant to appropriation, all monies in the Solid
19		Waste Management Fund shall be used by the Agency for the
20		purposes set forth in this Section and in the Illinois Solid
21		Waste Management Act, including for the costs of fee
22		collection and administration, for administration of the Paint
23		Stewardship Act, and for the administration of the Consumer
24		Electronics Recycling Act, the Drug Take-Back Act, and the
25		Statewide Recycling Needs Assessment Act.
26		(f) The Agency is authorized to enter into such agreements

HB4844 Engrossed - 1545 - LRB103 39009 AMC 69146 b
1		and to promulgate such rules as are necessary to carry out its
2		duties under this Section and the Illinois Solid Waste
3		Management Act.
4		(g) On the first day of January, April, July, and October
5		of each year, beginning on July 1, 1996, the State Comptroller
6		and Treasurer shall transfer $500,000 from the Solid Waste
7		Management Fund to the Hazardous Waste Fund. Moneys
8		transferred under this subsection (g) shall be used only for
9		the purposes set forth in item (1) of subsection (d) of Section
10		22.2.
11		(h) The Agency is authorized to provide financial
12		assistance to units of local government for the performance of
13		inspecting, investigating, and enforcement activities pursuant
14		to subsection (r) of Section 4 at nonhazardous solid waste
15		disposal sites.
16		(i) The Agency is authorized to conduct household waste
17		collection and disposal programs.
18		(j) A unit of local government, as defined in the Local
19		Solid Waste Disposal Act, in which a solid waste disposal
20		facility is located may establish a fee, tax, or surcharge
21		with regard to the permanent disposal of solid waste. All
22		fees, taxes, and surcharges collected under this subsection
23		shall be utilized for solid waste management purposes,
24		including long-term monitoring and maintenance of landfills,
25		planning, implementation, inspection, enforcement and other
26		activities consistent with the Solid Waste Management Act and

HB4844 Engrossed - 1546 - LRB103 39009 AMC 69146 b
1		the Local Solid Waste Disposal Act, or for any other
2		environment-related purpose, including, but not limited to, an
3		environment-related public works project, but not for the
4		construction of a new pollution control facility other than a
5		household hazardous waste facility. However, the total fee,
6		tax or surcharge imposed by all units of local government
7		under this subsection (j) upon the solid waste disposal
8		facility shall not exceed:
9		(1) 60¢ per cubic yard if more than 150,000 cubic
10		yards of non-hazardous solid waste is permanently disposed
11		of at the site in a calendar year, unless the owner or
12		operator weighs the quantity of the solid waste received
13		with a device for which certification has been obtained
14		under the Weights and Measures Act, in which case the fee
15		shall not exceed $1.27 per ton of solid waste permanently
16		disposed of.
17		(2) $33,350 if more than 100,000 cubic yards, but not
18		more than 150,000 cubic yards, of non-hazardous waste is
19		permanently disposed of at the site in a calendar year.
20		(3) $15,500 if more than 50,000 cubic yards, but not
21		more than 100,000 cubic yards, of non-hazardous solid
22		waste is permanently disposed of at the site in a calendar
23		year.
24		(4) $4,650 if more than 10,000 cubic yards, but not
25		more than 50,000 cubic yards, of non-hazardous solid waste
26		is permanently disposed of at the site in a calendar year.

HB4844 Engrossed - 1547 - LRB103 39009 AMC 69146 b
1		(5) $650 if not more than 10,000 cubic yards of
2		non-hazardous solid waste is permanently disposed of at
3		the site in a calendar year.
4		The corporate authorities of the unit of local government
5		may use proceeds from the fee, tax, or surcharge to reimburse a
6		highway commissioner whose road district lies wholly or
7		partially within the corporate limits of the unit of local
8		government for expenses incurred in the removal of
9		nonhazardous, nonfluid municipal waste that has been dumped on
10		public property in violation of a State law or local
11		ordinance.
12		For the disposal of solid waste from general construction
13		or demolition debris recovery facilities as defined in
14		subsection (a-1) of Section 3.160, the total fee, tax, or
15		surcharge imposed by all units of local government under this
16		subsection (j) upon the solid waste disposal facility shall
17		not exceed 50% of the applicable amount set forth above. A unit
18		of local government, as defined in the Local Solid Waste
19		Disposal Act, in which a general construction or demolition
20		debris recovery facility is located may establish a fee, tax,
21		or surcharge on the general construction or demolition debris
22		recovery facility with regard to the permanent disposal of
23		solid waste by the general construction or demolition debris
24		recovery facility at a solid waste disposal facility, provided
25		that such fee, tax, or surcharge shall not exceed 50% of the
26		applicable amount set forth above, based on the total amount

HB4844 Engrossed - 1548 - LRB103 39009 AMC 69146 b
1		of solid waste transported from the general construction or
2		demolition debris recovery facility for disposal at solid
3		waste disposal facilities, and the unit of local government
4		and fee shall be subject to all other requirements of this
5		subsection (j).
6		A county or Municipal Joint Action Agency that imposes a
7		fee, tax, or surcharge under this subsection may use the
8		proceeds thereof to reimburse a municipality that lies wholly
9		or partially within its boundaries for expenses incurred in
10		the removal of nonhazardous, nonfluid municipal waste that has
11		been dumped on public property in violation of a State law or
12		local ordinance.
13		If the fees are to be used to conduct a local sanitary
14		landfill inspection or enforcement program, the unit of local
15		government must enter into a written delegation agreement with
16		the Agency pursuant to subsection (r) of Section 4. The unit of
17		local government and the Agency shall enter into such a
18		written delegation agreement within 60 days after the
19		establishment of such fees. At least annually, the Agency
20		shall conduct an audit of the expenditures made by units of
21		local government from the funds granted by the Agency to the
22		units of local government for purposes of local sanitary
23		landfill inspection and enforcement programs, to ensure that
24		the funds have been expended for the prescribed purposes under
25		the grant.
26		The fees, taxes or surcharges collected under this

HB4844 Engrossed - 1549 - LRB103 39009 AMC 69146 b
1		subsection (j) shall be placed by the unit of local government
2		in a separate fund, and the interest received on the moneys in
3		the fund shall be credited to the fund. The monies in the fund
4		may be accumulated over a period of years to be expended in
5		accordance with this subsection.
6		A unit of local government, as defined in the Local Solid
7		Waste Disposal Act, shall prepare and post on its website, in
8		April of each year, a report that details spending plans for
9		monies collected in accordance with this subsection. The
10		report will at a minimum include the following:
11		(1) The total monies collected pursuant to this
12		subsection.
13		(2) The most current balance of monies collected
14		pursuant to this subsection.
15		(3) An itemized accounting of all monies expended for
16		the previous year pursuant to this subsection.
17		(4) An estimation of monies to be collected for the
18		following 3 years pursuant to this subsection.
19		(5) A narrative detailing the general direction and
20		scope of future expenditures for one, 2 and 3 years.
21		The exemptions granted under Sections 22.16 and 22.16a,
22		and under subsection (k) of this Section, shall be applicable
23		to any fee, tax or surcharge imposed under this subsection
24		(j); except that the fee, tax or surcharge authorized to be
25		imposed under this subsection (j) may be made applicable by a
26		unit of local government to the permanent disposal of solid

HB4844 Engrossed - 1550 - LRB103 39009 AMC 69146 b
1		waste after December 31, 1986, under any contract lawfully
2		executed before June 1, 1986 under which more than 150,000
3		cubic yards (or 50,000 tons) of solid waste is to be
4		permanently disposed of, even though the waste is exempt from
5		the fee imposed by the State under subsection (b) of this
6		Section pursuant to an exemption granted under Section 22.16.
7		(k) In accordance with the findings and purposes of the
8		Illinois Solid Waste Management Act, beginning January 1, 1989
9		the fee under subsection (b) and the fee, tax or surcharge
10		under subsection (j) shall not apply to:
11		(1) waste which is hazardous waste;
12		(2) waste which is pollution control waste;
13		(3) waste from recycling, reclamation or reuse
14		processes which have been approved by the Agency as being
15		designed to remove any contaminant from wastes so as to
16		render such wastes reusable, provided that the process
17		renders at least 50% of the waste reusable; the exemption
18		set forth in this paragraph (3) of this subsection (k)
19		shall not apply to general construction or demolition
20		debris recovery facilities as defined in subsection (a-1)
21		of Section 3.160;
22		(4) non-hazardous solid waste that is received at a
23		sanitary landfill and composted or recycled through a
24		process permitted by the Agency; or
25		(5) any landfill which is permitted by the Agency to
26		receive only demolition or construction debris or

HB4844 Engrossed - 1551 - LRB103 39009 AMC 69146 b
1		landscape waste.
2		(Source: P.A. 102-16, eff. 6-17-21; 102-310, eff. 8-6-21;
3		102-444, eff. 8-20-21; 102-699, eff. 4-19-22; 102-813, eff.
4		5-13-22; 102-1055, eff. 6-10-22; 103-8, eff. 6-7-23; 103-154,
5		eff. 6-30-23; 103-372, eff. 1-1-24; 103-383, eff. 7-28-23;
6		revised 12-15-23.)
7		(415 ILCS 5/31) (from Ch. 111 1/2, par. 1031)
8		Sec. 31. Notice; complaint; hearing.
9		(a)(1) Within 180 days after becoming aware of an alleged
10		violation of this the Act, any rule adopted under this the Act,
11		a permit granted by the Agency, or a condition of such a
12		permit, the Agency shall issue and serve, by certified mail,
13		upon the person complained against a written notice informing
14		that person that the Agency has evidence of the alleged
15		violation. At a minimum, the written notice shall contain:
16		(A) a notification to the person complained against of
17		the requirement to submit a written response addressing
18		the violations alleged and the option to meet with
19		appropriate agency personnel to resolve any alleged
20		violations that could lead to the filing of a formal
21		complaint;
22		(B) a detailed explanation by the Agency of the
23		violations alleged;
24		(C) an explanation by the Agency of the actions that
25		the Agency believes may resolve the alleged violations,

HB4844 Engrossed - 1552 - LRB103 39009 AMC 69146 b
1		including an estimate of a reasonable time period for the
2		person complained against to complete the suggested
3		resolution; and
4		(D) an explanation of any alleged violation that the
5		Agency believes cannot be resolved without the involvement
6		of the Office of the Illinois Attorney General or the
7		State's Attorney of the county in which the alleged
8		violation occurred and the basis for the Agency's belief.
9		(2) A written response to the violations alleged shall be
10		submitted to the Agency, by certified mail, within 45 days
11		after receipt of notice by the person complained against, or
12		within an extended time period as agreed to by the Agency and
13		person complained against. The written response shall include:
14		(A) information in rebuttal, explanation, or
15		justification of each alleged violation;
16		(B) if the person complained against desires to enter
17		into a Compliance Commitment Agreement, proposed terms for
18		a Compliance Commitment Agreement that includes specified
19		times for achieving each commitment and which may consist
20		of a statement indicating that the person complained
21		against believes that compliance has been achieved; and
22		(C) a request for a meeting with appropriate Agency
23		personnel if a meeting is desired by the person complained
24		against.
25		(3) If the person complained against fails to respond in
26		accordance with the requirements of subdivision (2) of this

HB4844 Engrossed - 1553 - LRB103 39009 AMC 69146 b
1		subsection (a), the failure to respond shall be considered a
2		waiver of the requirements of this subsection (a) and nothing
3		in this Section shall preclude the Agency from proceeding
4		pursuant to subsection (b) of this Section.
5		(4) A meeting requested pursuant to subdivision (2) of
6		this subsection (a) shall be held without a representative of
7		the Office of the Illinois Attorney General or the State's
8		Attorney of the county in which the alleged violation
9		occurred, within 60 days after receipt of notice by the person
10		complained against, or within an extended time period as
11		agreed to by the Agency and person complained against. At the
12		meeting, the Agency shall provide an opportunity for the
13		person complained against to respond to each alleged
14		violation, suggested resolution, and suggested implementation
15		time frame, and to suggest alternate resolutions.
16		(5) If a meeting requested pursuant to subdivision (2) of
17		this subsection (a) is held, the person complained against
18		shall, within 21 days following the meeting or within an
19		extended time period as agreed to by the Agency and person
20		complained against, submit by certified mail to the Agency a
21		written response to the alleged violations. The written
22		response shall include:
23		(A) additional information in rebuttal, explanation,
24		or justification of each alleged violation;
25		(B) if the person complained against desires to enter
26		into a Compliance Commitment Agreement, proposed terms for

HB4844 Engrossed - 1554 - LRB103 39009 AMC 69146 b
1		a Compliance Commitment Agreement that includes specified
2		times for achieving each commitment and which may consist
3		of a statement indicating that the person complained
4		against believes that compliance has been achieved; and
5		(C) a statement indicating that, should the person
6		complained against so wish, the person complained against
7		chooses to rely upon the initial written response
8		submitted pursuant to subdivision (2) of this subsection
9		(a).
10		(6) If the person complained against fails to respond in
11		accordance with the requirements of subdivision (5) of this
12		subsection (a), the failure to respond shall be considered a
13		waiver of the requirements of this subsection (a) and nothing
14		in this Section shall preclude the Agency from proceeding
15		pursuant to subsection (b) of this Section.
16		(7) Within 30 days after the Agency's receipt of a written
17		response submitted by the person complained against pursuant
18		to subdivision (2) of this subsection (a) if a meeting is not
19		requested or pursuant to subdivision (5) of this subsection
20		(a) if a meeting is held, or within a later time period as
21		agreed to by the Agency and the person complained against, the
22		Agency shall issue and serve, by certified mail, upon the
23		person complained against (i) a proposed Compliance Commitment
24		Agreement or (ii) a notice that one or more violations cannot
25		be resolved without the involvement of the Office of the
26		Attorney General or the State's Attorney of the county in

HB4844 Engrossed - 1555 - LRB103 39009 AMC 69146 b
1		which the alleged violation occurred and that no proposed
2		Compliance Commitment Agreement will be issued by the Agency
3		for those violations. The Agency shall include terms and
4		conditions in the proposed Compliance Commitment Agreement
5		that are, in its discretion, necessary to bring the person
6		complained against into compliance with the Act, any rule
7		adopted under the Act, any permit granted by the Agency, or any
8		condition of such a permit. The Agency shall take into
9		consideration the proposed terms for the proposed Compliance
10		Commitment Agreement that were provided under subdivision
11		(a)(2)(B) or (a)(5)(B) of this Section by the person
12		complained against.
13		(7.5) Within 30 days after the receipt of the Agency's
14		proposed Compliance Commitment Agreement by the person
15		complained against, or within a later time period not to
16		exceed an additional 30 days as agreed to by the Agency and the
17		person complained against, the person shall either (i) agree
18		to and sign the proposed Compliance Commitment Agreement
19		provided by the Agency and submit the signed Compliance
20		Commitment Agreement to the Agency by certified mail or (ii)
21		notify the Agency in writing by certified mail of the person's
22		rejection of the proposed Compliance Commitment Agreement. If
23		the person complained against fails to respond to the proposed
24		Compliance Commitment Agreement within 30 days as required
25		under this paragraph, the proposed Compliance Commitment
26		Agreement is deemed rejected by operation of law. Any

HB4844 Engrossed - 1556 - LRB103 39009 AMC 69146 b
1		Compliance Commitment Agreement entered into under item (i) of
2		this paragraph may be amended subsequently in writing by
3		mutual agreement between the Agency and the signatory to the
4		Compliance Commitment Agreement, the signatory's legal
5		representative, or the signatory's agent.
6		(7.6) No person shall violate the terms or conditions of a
7		Compliance Commitment Agreement entered into under subdivision
8		(a)(7.5) of this Section. Successful completion of a
9		Compliance Commitment Agreement or an amended Compliance
10		Commitment Agreement shall be a factor to be weighed, in favor
11		of the person completing the Agreement, by the Office of the
12		Illinois Attorney General in determining whether to file a
13		complaint for the violations that were the subject of the
14		Agreement.
15		(7.7) Within 30 days after a Compliance Commitment
16		Agreement takes effect or is amended in accordance with
17		paragraph (7.5), the Agency shall publish a copy of the final
18		executed Compliance Commitment Agreement on the Agency's
19		website. The Agency shall maintain an Internet database of all
20		Compliance Commitment Agreements entered on or after August
21		24, 2018 (the effective date of Public Act 100-1080) this
22		amendatory Act of the 100th General Assembly. At a minimum,
23		the database shall be searchable by the following categories:
24		the county in which the facility that is subject to the
25		Compliance Commitment Agreement is located; the date of final
26		execution of the Compliance Commitment Agreement; the name of

HB4844 Engrossed - 1557 - LRB103 39009 AMC 69146 b
1		the respondent; and the media involved, including air, water,
2		land, or public water supply.
3		(8) Nothing in this subsection (a) is intended to require
4		the Agency to enter into Compliance Commitment Agreements for
5		any alleged violation that the Agency believes cannot be
6		resolved without the involvement of the Office of the Attorney
7		General or the State's Attorney of the county in which the
8		alleged violation occurred, for, among other purposes, the
9		imposition of statutory penalties.
10		(9) The Agency's failure to respond within 30 days of
11		receipt to a written response submitted pursuant to
12		subdivision (2) of this subsection (a) if a meeting is not
13		requested or pursuant to subdivision (5) of this subsection
14		(a) if a meeting is held, or within the time period otherwise
15		agreed to in writing by the Agency and the person complained
16		against, shall be deemed an acceptance by the Agency of the
17		proposed terms of the Compliance Commitment Agreement for the
18		violations alleged in the written notice issued under
19		subdivision (1) of this subsection (a) as contained within the
20		written response.
21		(10) If the person complained against complies with the
22		terms of a Compliance Commitment Agreement accepted pursuant
23		to this subsection (a), the Agency shall not refer the alleged
24		violations which are the subject of the Compliance Commitment
25		Agreement to the Office of the Illinois Attorney General or
26		the State's Attorney of the county in which the alleged

HB4844 Engrossed - 1558 - LRB103 39009 AMC 69146 b
1		violation occurred. However, nothing in this subsection is
2		intended to preclude the Agency from continuing negotiations
3		with the person complained against or from proceeding pursuant
4		to the provisions of subsection (b) of this Section for
5		alleged violations that remain the subject of disagreement
6		between the Agency and the person complained against following
7		fulfillment of the requirements of this subsection (a).
8		(11) Nothing in this subsection (a) is intended to
9		preclude the person complained against from submitting to the
10		Agency, by certified mail, at any time, notification that the
11		person complained against consents to waiver of the
12		requirements of subsections (a) and (b) of this Section.
13		(12) The Agency shall have the authority to adopt rules
14		for the administration of this subsection (a) of this Section.
15		The rules shall be adopted in accordance with the provisions
16		of the Illinois Administrative Procedure Act.
17		(b) For alleged violations that remain the subject of
18		disagreement between the Agency and the person complained
19		against following fulfillment of the requirements of
20		subsection (a) of this Section, and for alleged violations of
21		the terms or conditions of a Compliance Commitment Agreement
22		entered into under subdivision (a)(7.5) of this Section as
23		well as the alleged violations that are the subject of the
24		Compliance Commitment Agreement, and as a precondition to the
25		Agency's referral or request to the Office of the Illinois
26		Attorney General or the State's Attorney of the county in

HB4844 Engrossed - 1559 - LRB103 39009 AMC 69146 b
1		which the alleged violation occurred for legal representation
2		regarding an alleged violation that may be addressed pursuant
3		to subsection (c) or (d) of this Section or pursuant to Section
4		42 of this Act, the Agency shall issue and serve, by certified
5		mail, upon the person complained against a written notice
6		informing that person that the Agency intends to pursue legal
7		action. Such notice shall notify the person complained against
8		of the violations to be alleged and offer the person an
9		opportunity to meet with appropriate Agency personnel in an
10		effort to resolve any alleged violations that could lead to
11		the filing of a formal complaint. The meeting with Agency
12		personnel shall be held within 30 days after receipt of notice
13		served pursuant to this subsection upon the person complained
14		against, unless the Agency agrees to a postponement or the
15		person notifies the Agency that he or she will not appear at a
16		meeting within the 30-day time period. Nothing in this
17		subsection is intended to preclude the Agency from following
18		the provisions of subsection (c) or (d) of this Section or from
19		requesting the legal representation of the Office of the
20		Illinois Attorney General or the State's Attorney of the
21		county in which the alleged violations occurred for alleged
22		violations which remain the subject of disagreement between
23		the Agency and the person complained against after the
24		provisions of this subsection are fulfilled.
25		(c)(1) For alleged violations which remain the subject of
26		disagreement between the Agency and the person complained

HB4844 Engrossed - 1560 - LRB103 39009 AMC 69146 b
1		against following waiver pursuant to subdivision (10) of
2		subsection (a) of this Section or fulfillment of the
3		requirements of subsections (a) and (b) of this Section, the
4		Office of the Illinois Attorney General or the State's
5		Attorney of the county in which the alleged violation occurred
6		shall issue and serve upon the person complained against a
7		written notice, together with a formal complaint, which shall
8		specify the provision of the Act, rule, regulation, permit, or
9		term or condition thereof under which such person is said to be
10		in violation and a statement of the manner in and the extent to
11		which such person is said to violate the Act, rule,
12		regulation, permit, or term or condition thereof and shall
13		require the person so complained against to answer the charges
14		of such formal complaint at a hearing before the Board at a
15		time not less than 21 days after the date of notice by the
16		Board, except as provided in Section 34 of this Act. Such
17		complaint shall be accompanied by a notification to the
18		defendant that financing may be available, through the
19		Illinois Environmental Facilities Financing Act, to correct
20		such violation. A copy of such notice of such hearings shall
21		also be sent to any person who that has complained to the
22		Agency respecting the respondent within the six months
23		preceding the date of the complaint, and to any person in the
24		county in which the offending activity occurred that has
25		requested notice of enforcement proceedings; 21 days notice of
26		such hearings shall also be published in a newspaper of

HB4844 Engrossed - 1561 - LRB103 39009 AMC 69146 b
1		general circulation in such county. The respondent may file a
2		written answer, and at such hearing the rules prescribed in
3		Sections 32 and 33 of this Act shall apply. In the case of
4		actual or threatened acts outside Illinois contributing to
5		environmental damage in Illinois, the extraterritorial
6		service-of-process provisions of Sections 2-208 and 2-209 of
7		the Code of Civil Procedure shall apply.
8		With respect to notices served pursuant to this subsection
9		(c)(1) that involve hazardous material or wastes in any
10		manner, the Agency shall annually publish a list of all such
11		notices served. The list shall include the date the
12		investigation commenced, the date notice was sent, the date
13		the matter was referred to the Attorney General, if
14		applicable, and the current status of the matter.
15		(2) Notwithstanding the provisions of subdivision (1) of
16		this subsection (c), whenever a complaint has been filed on
17		behalf of the Agency or by the People of the State of Illinois,
18		the parties may file with the Board a stipulation and proposal
19		for settlement accompanied by a request for relief from the
20		requirement of a hearing pursuant to subdivision (1). Unless
21		the Board, in its discretion, concludes that a hearing will be
22		held, the Board shall cause notice of the stipulation,
23		proposal and request for relief to be published and sent in the
24		same manner as is required for hearing pursuant to subdivision
25		(1) of this subsection. The notice shall include a statement
26		that any person may file a written demand for hearing within 21

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1		days after receiving the notice. If any person files a timely
2		written demand for hearing, the Board shall deny the request
3		for relief from a hearing and shall hold a hearing in
4		accordance with the provisions of subdivision (1).
5		(3) Notwithstanding the provisions of subdivision (1) of
6		this subsection (c), if the Agency becomes aware of a
7		violation of this Act arising from, or as a result of,
8		voluntary pollution prevention activities, the Agency shall
9		not proceed with the written notice required by subsection (a)
10		of this Section unless:
11		(A) the person fails to take corrective action or
12		eliminate the reported violation within a reasonable time;
13		or
14		(B) the Agency believes that the violation poses a
15		substantial and imminent danger to the public health or
16		welfare or the environment. For the purposes of this item
17		(B), "substantial and imminent danger" means a danger with
18		a likelihood of serious or irreversible harm.
19		(d)(1) Any person may file with the Board a complaint,
20		meeting the requirements of subsection (c) of this Section,
21		against any person allegedly violating this Act, any rule or
22		regulation adopted under this Act, any permit or term or
23		condition of a permit, or any Board order. The complainant
24		shall immediately serve a copy of such complaint upon the
25		person or persons named therein. Unless the Board determines
26		that such complaint is duplicative or frivolous, it shall

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1		schedule a hearing and serve written notice thereof upon the
2		person or persons named therein, in accord with subsection (c)
3		of this Section.
4		(2) Whenever a complaint has been filed by a person other
5		than the Attorney General or the State's Attorney, the parties
6		may file with the Board a stipulation and proposal for
7		settlement accompanied by a request for relief from the
8		hearing requirement of subdivision (c)(1) of this Section.
9		Unless the Board, in its discretion, concludes that a hearing
10		should be held, no hearing on the stipulation and proposal for
11		settlement is required.
12		(e) In hearings before the Board under this Title the
13		burden shall be on the Agency or other complainant to show
14		either that the respondent has caused or threatened to cause
15		air or water pollution or that the respondent has violated or
16		threatens to violate any provision of this Act or any rule or
17		regulation of the Board or permit or term or condition
18		thereof. If such proof has been made, the burden shall be on
19		the respondent to show that compliance with the Board's
20		regulations would impose an arbitrary or unreasonable
21		hardship.
22		(f) The provisions of this Section shall not apply to
23		administrative citation actions commenced under Section 31.1
24		of this Act.
25		(Source: P.A. 103-168, eff. 6-30-23; revised 9-20-23.)

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1		(415 ILCS 5/58.5)
2		Sec. 58.5. Risk-based remediation objectives.
3		(a) Determination of remediation objectives. This Section
4		establishes the procedures for determining risk-based
5		remediation objectives.
6		(b) Background area remediation objectives.
7		(1) Except as provided in subdivisions (b)(2) or
8		(b)(3) of this Section, remediation objectives established
9		under this Section shall not require remediation of
10		regulated substances to levels that are less than area
11		background levels.
12		(2) In the event that the concentration of a regulated
13		substance of concern on the site exceeds a remediation
14		objective adopted by the Board for residential land use,
15		the property may not be converted to residential use
16		unless such remediation objective or an alternate
17		risk-based remediation objective for that regulated
18		substance of concern is first achieved.
19		(3) In the event that the Agency has determined in
20		writing that the background level for a regulated
21		substance poses an acute threat to human health or the
22		environment at the site when considering the post-remedial
23		action land use, the RA shall develop appropriate
24		risk-based remediation objectives in accordance with this
25		Section.
26		(c) Regulations establishing remediation objectives and

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1		methodologies for deriving remediation objectives for
2		individual or classes of regulated substances shall be adopted
3		by the Board in accordance with this Section and Section
4		58.11.
5		(1) The regulations shall provide for the adoption of
6		a three-tiered process for an a RA to establish
7		remediation objectives protective of human health and the
8		environment based on identified risks and specific site
9		characteristics at and around the site.
10		(2) The regulations shall provide procedures for using
11		alternative tiers in developing remediation objectives for
12		multiple regulated substances.
13		(3) The regulations shall provide procedures for
14		determining area background contaminant levels.
15		(4) The methodologies adopted under this Section shall
16		ensure that the following factors are taken into account
17		in determining remediation objectives:
18		(A) potential risks posed by carcinogens and
19		noncarcinogens; and
20		(B) the presence of multiple substances of concern
21		and multiple exposure pathways.
22		(d) In developing remediation objectives under subsection
23		(c) of this Section, the methodology proposed and adopted
24		shall establish tiers addressing manmade and natural pathways
25		of exposure, including, but not limited to, human ingestion,
26		human inhalation, and groundwater protection. For carcinogens,

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1		soil and groundwater remediation objectives shall be
2		established at exposures that represent an excess upper-bound
3		lifetime risk of between 1 in 10,000 and 1 in 1,000,000 as
4		appropriate for the post-remedial action use, except that
5		remediation objectives protecting residential use shall be
6		based on exposures that represent an excess upper-bound
7		lifetime risk of 1 in 1,000,000. No groundwater remediation
8		objective adopted pursuant to this Section shall be more
9		restrictive than the applicable Class I or Class III
10		Groundwater Quality Standard adopted by the Board. At a
11		minimum, the objectives shall include the following:
12		(1) Tier I remediation objectives expressed as a table
13		of numeric values for soil and groundwater. Such
14		objectives may be of different values dependent on
15		potential pathways at the site and different land uses,
16		including residential and nonresidential uses.
17		(2) Tier II remediation objectives shall include the
18		formulae and equations used to derive the Tier II
19		objectives and input variables for use in the formulae.
20		The RA may alter the input variables when it is
21		demonstrated that the specific circumstances at and around
22		the site including land uses warrant such alternate
23		variables.
24		(3) Tier III remediation objectives shall include
25		methodologies to allow for the development of
26		site-specific risk-based remediation objectives for soil

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1		or groundwater, or both, for regulated substances. Such
2		methodology shall allow for different remediation
3		objectives for residential and various categories of
4		non-residential land uses. The Board's future adoption of
5		a methodology pursuant to this Section shall in no way
6		preclude the use of a nationally recognized methodology to
7		be used for the development of site-specific risk-based
8		objectives for regulated substances under this Section. In
9		determining Tier III remediation objectives under this
10		subsection, all of the following factors shall be
11		considered:
12		(A) The use of specific site characteristic data.
13		(B) The use of appropriate exposure factors for
14		the current and currently planned future land use of
15		the site and adjacent property and the effectiveness
16		of engineering, institutional, or legal controls
17		placed on the current or future use of the site.
18		(C) The use of appropriate statistical
19		methodologies to establish statistically valid
20		remediation objectives.
21		(D) The actual and potential impact of regulated
22		substances to receptors.
23		(4) For regulated substances that have a groundwater
24		quality standard established pursuant to the Illinois
25		Groundwater Protection Act and rules promulgated
26		thereunder, site specific groundwater remediation

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1		objectives may be proposed under the methodology
2		established in subdivision (d)(3) of this Section at
3		values greater than the groundwater quality standards.
4		(A) The RA proposing any site specific groundwater
5		remediation objective at a value greater than the
6		applicable groundwater quality standard shall
7		demonstrate:
8		(i) To the extent practical, the exceedance of
9		the groundwater quality standard has been
10		minimized and beneficial use appropriate to the
11		groundwater that was impacted has been returned;
12		and
13		(ii) Any threat to human health or the
14		environment has been minimized.
15		(B) The rules proposed by the Agency and adopted
16		by the Board under this Section shall include criteria
17		required for the demonstration of the suitability of
18		groundwater objectives proposed under subdivision (b)
19		(4) (A) of this Section.
20		(e) The rules proposed by the Agency and adopted by the
21		Board under this Section shall include conditions for the
22		establishment and duration of groundwater management zones by
23		rule, as appropriate, at sites undergoing remedial action
24		under this Title.
25		(f) Until such time as the Board adopts remediation
26		objectives under this Section, the remediation objectives

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1		adopted by the Board under Title XVI of this Act shall apply to
2		all environmental assessments and soil or groundwater remedial
3		action conducted under this Title.
4		(Source: P.A. 91-909, eff. 7-7-00; revised 9-20-23.)
5		(415 ILCS 5/58.6)
6		Sec. 58.6. Remedial investigations and reports.
7		(a) Any RA who proceeds under this Title may elect to seek
8		review and approval for any of the remediation objectives
9		provided in Section 58.5 for any or all regulated substances
10		of concern. The RA shall conduct investigations and remedial
11		activities for regulated substances of concern and prepare
12		plans and reports in accordance with this Section and rules
13		adopted hereunder. The RA shall submit the plans and reports
14		for review and approval in accordance with Section 58.7. All
15		investigations, plans, and reports conducted or prepared under
16		this Section shall be under the supervision of a Licensed
17		Professional Engineer (LPE) or, in the case of a site
18		investigation only, a Licensed Professional Geologist in
19		accordance with the requirements of this Title.
20		(b) (1) Site investigation and Site Investigation Report.
21		(1) The RA shall conduct a site investigation to
22		determine the significant physical features of the site
23		and vicinity that may affect contaminant transport and
24		risk to human health, safety, and the environment and to
25		determine the nature, concentration, direction and rate of

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1		movement, and extent of the contamination at the site.
2		(2) The RA shall compile the results of the
3		investigations into a Site Investigation Report. At a
4		minimum, the reports shall include the following, as
5		applicable:
6		(A) Executive summary;
7		(B) Site history;
8		(C) Site-specific sampling methods and results;
9		(D) Documentation of field activities, including
10		quality assurance project plan;
11		(E) Interpretation of results; and
12		(F) Conclusions.
13		(c) Remediation Objectives Report.
14		(1) If an a RA elects to determine remediation
15		objectives appropriate for the site using the Tier II or
16		Tier III procedures under subsection (d) of Section 58.5,
17		the RA shall develop such remediation objectives based on
18		site-specific information. In support of such remediation
19		objectives, the RA shall prepare a Remediation Objectives
20		Report demonstrating how the site-specific objectives were
21		calculated or otherwise determined.
22		(2) If an a RA elects to determine remediation
23		objectives appropriate for the site using the area
24		background procedures under subsection (b) of Section
25		58.5, the RA shall develop such remediation objectives
26		based on site-specific literature review, sampling

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1		protocol, or appropriate statistical methods in accordance
2		with Board rules. In support of such remediation
3		objectives, the RA shall prepare a Remediation Objectives
4		Report demonstrating how the area background remediation
5		objectives were determined.
6		(d) Remedial Action Plan. If the approved remediation
7		objectives for any regulated substance established under
8		Section 58.5 are less than the levels existing at the site
9		prior to any remedial action, the RA shall prepare a Remedial
10		Action Plan. The Remedial Action Plan shall describe the
11		selected remedy and evaluate its ability and effectiveness to
12		achieve the remediation objectives approved for the site. At a
13		minimum, the reports shall include the following, as
14		applicable:
15		(1) Executive summary;
16		(2) Statement of remediation objectives;
17		(3) Remedial technologies selected;
18		(4) Confirmation sampling plan;
19		(5) Current and projected future use of the property;
20		and
21		(6) Applicable preventive, engineering, and
22		institutional controls including long-term reliability,
23		operating, and maintenance plans, and monitoring
24		procedures.
25		(e) Remedial Action Completion Report.
26		(1) Upon completion of the Remedial Action Plan, the

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1		RA shall prepare a Remedial Action Completion Report. The
2		report shall demonstrate whether the remedial action was
3		completed in accordance with the approved Remedial Action
4		Plan and whether the remediation objectives, as well as
5		any other requirements of the plan, have been attained.
6		(2) If the approved remediation objectives for the
7		regulated substances of concern established under Section
8		58.5 are equal to or above the levels existing at the site
9		prior to any remedial action, notification and
10		documentation of such shall constitute the entire Remedial
11		Action Completion Report for purposes of this Title.
12		(f) Ability to proceed. The RA may elect to prepare and
13		submit for review and approval any and all reports or plans
14		required under the provisions of this Section individually,
15		following completion of each such activity; concurrently,
16		following completion of all activities; or in any other
17		combination. In any event, the review and approval process
18		shall proceed in accordance with Section 58.7 and rules
19		adopted thereunder.
20		(g) Nothing in this Section shall prevent an RA from
21		implementing or conducting an interim or any other remedial
22		measure prior to election to proceed under Section 58.6.
23		(h) In accordance with Section 58.11, the Agency shall
24		propose and the Board shall adopt rules to carry out the
25		purposes of this Section.
26		(Source: P.A. 92-735, eff. 7-25-02; revised 9-20-23.)

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1		(415 ILCS 5/58.7)
2		Sec. 58.7. Review and approvals.
3		(a) Requirements. All plans and reports that are submitted
4		pursuant to this Title shall be submitted for review or
5		approval in accordance with this Section.
6		(b) Review and evaluation by the Agency.
7		(1) Except for sites excluded under subdivision (a)(2)
8		of Section 58.1, the Agency shall, subject to available
9		resources, agree to provide review and evaluation services
10		for activities carried out pursuant to this Title for
11		which the RA requested the services in writing. As a
12		condition for providing such services, the Agency may
13		require that the RA for a site:
14		(A) Conform with the procedures of this Title;
15		(B) Allow for or otherwise arrange site visits or
16		other site evaluation by the Agency when so requested;
17		(C) Agree to perform the Remedial Action Plan as
18		approved under this Title;
19		(D) Agree to pay any reasonable costs incurred and
20		documented by the Agency in providing such services;
21		(E) Make an advance partial payment to the Agency
22		for such anticipated services in the amount of $2,500;
23		and
24		(F) Demonstrate, if necessary, authority to act on
25		behalf of or in lieu of the owner or operator.

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1		(2) Any moneys received by the State for costs
2		incurred by the Agency in performing review or evaluation
3		services for actions conducted pursuant to this Title
4		shall be deposited in the Hazardous Waste Fund.
5		(3) An RA requesting services under subdivision (b)
6		(1) of this Section may, at any time, notify the Agency, in
7		writing, that Agency services previously requested are no
8		longer wanted. Within 180 days after receipt of the
9		notice, the Agency shall provide the RA with a final
10		invoice for services provided until the date of such
11		notifications.
12		(4) The Agency may invoice or otherwise request or
13		demand payment from an a RA for costs incurred by the
14		Agency in performing review or evaluation services for
15		actions by the RA at sites only if:
16		(A) The Agency has incurred costs in performing
17		response actions, other than review or evaluation
18		services, due to the failure of the RA to take response
19		action in accordance with a notice issued pursuant to
20		this Act;
21		(B) The RA has agreed in writing to the payment of
22		such costs;
23		(C) The RA has been ordered to pay such costs by
24		the Board or a court of competent jurisdiction
25		pursuant to this Act; or
26		(D) The RA has requested or has consented to

HB4844 Engrossed - 1575 - LRB103 39009 AMC 69146 b
1		Agency review or evaluation services under subdivision
2		(b)(1) of this Section.
3		(5) The Agency may, subject to available resources,
4		agree to provide review and evaluation services for
5		response actions if there is a written agreement among
6		parties to a legal action or if a notice to perform a
7		response action has been issued by the Agency.
8		(c) Review and evaluation by a RELPEG. An A RA may elect to
9		contract with a Licensed Professional Engineer or, in the case
10		of a site investigation report only, a Licensed Professional
11		Geologist, who will perform review and evaluation services on
12		behalf of and under the direction of the Agency relative to the
13		site activities.
14		(1) Prior to entering into the contract with the
15		RELPEG, the RA shall notify the Agency of the RELPEG to be
16		selected. The Agency and the RA shall discuss the
17		potential terms of the contract.
18		(2) At a minimum, the contract with the RELPEG shall
19		provide that the RELPEG will submit any reports directly
20		to the Agency, will take his or her directions for work
21		assignments from the Agency, and will perform the assigned
22		work on behalf of the Agency.
23		(3) Reasonable costs incurred by the Agency shall be
24		paid by the RA directly to the Agency in accordance with
25		the terms of the review and evaluation services agreement
26		entered into under subdivision (b)(1) of Section 58.7.

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1		(4) In no event shall the RELPEG acting on behalf of
2		the Agency be an employee of the RA or the owner or
3		operator of the site or be an employee of any other person
4		the RA has contracted to provide services relative to the
5		site.
6		(d) Review and approval. All reviews required under this
7		Title shall be carried out by the Agency or a RELPEG contracted
8		by the RA pursuant to subsection (c).
9		(1) All review activities conducted by the Agency or a
10		RELPEG shall be carried out in conformance with this Title
11		and rules promulgated under Section 58.11.
12		(2) Subject to the limitations in subsection (c) and
13		this subsection (d), the specific plans, reports, and
14		activities that the Agency or a RELPEG may review include:
15		(A) Site Investigation Reports and related
16		activities;
17		(B) Remediation Objectives Reports;
18		(C) Remedial Action Plans and related activities;
19		and
20		(D) Remedial Action Completion Reports and related
21		activities.
22		(3) Only the Agency shall have the authority to
23		approve, disapprove, or approve with conditions a plan or
24		report as a result of the review process including those
25		plans and reports reviewed by a RELPEG. If the Agency
26		disapproves a plan or report or approves a plan or report

HB4844 Engrossed - 1577 - LRB103 39009 AMC 69146 b
1		with conditions, the written notification required by
2		subdivision (d)(4) of this Section shall contain the
3		following information, as applicable:
4		(A) An explanation of the Sections of this Title
5		that may be violated if the plan or report was
6		approved;
7		(B) An explanation of the provisions of the rules
8		promulgated under this Title that may be violated if
9		the plan or report was approved;
10		(C) An explanation of the specific type of
11		information, if any, that the Agency deems the
12		applicant did not provide the Agency;
13		(D) A statement of specific reasons why the Title
14		and regulations might not be met if the plan or report
15		were approved; and
16		(E) An explanation of the reasons for conditions
17		if conditions are required.
18		(4) Upon approving, disapproving, or approving with
19		conditions a plan or report, the Agency shall notify the
20		RA in writing of its decision. In the case of approval or
21		approval with conditions of a Remedial Action Completion
22		Report, the Agency shall prepare a No Further Remediation
23		Letter that meets the requirements of Section 58.10 and
24		send a copy of the letter to the RA.
25		(5) All reviews undertaken by the Agency or a RELPEG
26		shall be completed and the decisions communicated to the

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1		RA within 60 days of the request for review or approval of
2		a single plan or report and within 90 days after the
3		request for review or approval of 2 or more plans or
4		reports submitted concurrently. The RA may waive the
5		deadline upon a request from the Agency. If the Agency
6		disapproves or approves with conditions a plan or report
7		or fails to issue a final decision within the applicable
8		60-day or 90-day period and the RA has not agreed to a
9		waiver of the deadline, the RA may, within 35 days, file an
10		appeal to the Board. Appeals to the Board shall be in the
11		manner provided for the review of permit decisions in
12		Section 40 of this Act.
13		(e) Standard of review. In making determinations, the
14		following factors, and additional factors as may be adopted by
15		the Board in accordance with Section 58.11, shall be
16		considered by the Agency when reviewing or approving plans,
17		reports, and related activities, or the RELPEG, when reviewing
18		plans, reports, and related activities:
19		(1) Site Investigation Reports and related activities:
20		Whether investigations have been conducted and the results
21		compiled in accordance with the appropriate procedures and
22		whether the interpretations and conclusions reached are
23		supported by the information gathered. In making the
24		determination, the following factors shall be considered:
25		(A) The adequacy of the description of the site
26		and site characteristics that were used to evaluate

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1		the site;
2		(B) The adequacy of the investigation of potential
3		pathways and risks to receptors identified at the
4		site; and
5		(C) The appropriateness of the sampling and
6		analysis used.
7		(2) Remediation Objectives Reports: Whether the
8		remediation objectives are consistent with the
9		requirements of the applicable method for selecting or
10		determining remediation objectives under Section 58.5. In
11		making the determination, the following factors shall be
12		considered:
13		(A) If the objectives were based on the
14		determination of area background levels under
15		subsection (b) of Section 58.5, whether the review of
16		current and historic conditions at or in the immediate
17		vicinity of the site has been thorough and whether the
18		site sampling and analysis has been performed in a
19		manner resulting in accurate determinations;
20		(B) If the objectives were calculated on the basis
21		of predetermined equations using site specific data,
22		whether the calculations were accurately performed and
23		whether the site specific data reflect actual site
24		conditions; and
25		(C) If the objectives were determined using a site
26		specific risk assessment procedure, whether the

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1		procedure used is nationally recognized and accepted,
2		whether the calculations were accurately performed,
3		and whether the site specific data reflect actual site
4		conditions.
5		(3) Remedial Action Plans and related activities:
6		Whether the plan will result in compliance with this
7		Title, and rules adopted under it and attainment of the
8		applicable remediation objectives. In making the
9		determination, the following factors shall be considered:
10		(A) The likelihood that the plan will result in
11		the attainment of the applicable remediation
12		objectives;
13		(B) Whether the activities proposed are consistent
14		with generally accepted engineering practices; and
15		(C) The management of risk relative to any
16		remaining contamination, including, but not limited
17		to, provisions for the long-term enforcement,
18		operation, and maintenance of institutional and
19		engineering controls, if relied on.
20		(4) Remedial Action Completion Reports and related
21		activities: Whether the remedial activities have been
22		completed in accordance with the approved Remedial Action
23		Plan and whether the applicable remediation objectives
24		have been attained.
25		(f) All plans and reports submitted for review shall
26		include a Licensed Professional Engineer's certification that

HB4844 Engrossed - 1581 - LRB103 39009 AMC 69146 b
1		all investigations and remedial activities were carried out
2		under his or her direction and, to the best of his or her
3		knowledge and belief, the work described in the plan or report
4		has been completed in accordance with generally accepted
5		engineering practices, and the information presented is
6		accurate and complete. In the case of a site investigation
7		report prepared or supervised by a Licensed Professional
8		Geologist, the required certification may be made by the
9		Licensed Professional Geologist (rather than a Licensed
10		Professional Engineer) and based upon generally accepted
11		principles of professional geology.
12		(g) In accordance with Section 58.11, the Agency shall
13		propose and the Board shall adopt rules to carry out the
14		purposes of this Section. At a minimum, the rules shall detail
15		the types of services the Agency may provide in response to
16		requests under subdivision (b)(1) of this Section and the
17		recordkeeping it will utilize in documenting to the RA the
18		costs incurred by the Agency in providing such services.
19		(h) Public participation.
20		(1) The Agency shall develop guidance to assist RAs
21		RA's in the implementation of a community relations plan
22		to address activity at sites undergoing remedial action
23		pursuant to this Title.
24		(2) The RA may elect to enter into a services
25		agreement with the Agency for Agency assistance in
26		community outreach efforts.

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1		(3) The Agency shall maintain a registry listing those
2		sites undergoing remedial action pursuant to this Title.
3		(4) Notwithstanding any provisions of this Section,
4		the RA of a site undergoing remedial activity pursuant to
5		this Title may elect to initiate a community outreach
6		effort for the site.
7		(i) Notwithstanding any other provision of this Title, the
8		Agency is not required to take action on any submission under
9		this Title from or on behalf of an RA if the RA has failed to
10		pay all fees due pursuant to an invoice or other request or
11		demand for payment under this Title. Any deadline for Agency
12		action on such a submission shall be tolled until the fees due
13		are paid in full.
14		(Source: P.A. 103-172, eff. 1-1-24; revised 1-2-24.)
15		Section 505. The Illinois Pesticide Act is amended by
16		changing Section 24.1 as follows:
17		(415 ILCS 60/24.1) (from Ch. 5, par. 824.1)
18		Sec. 24.1. Administrative actions and penalties.
19		(1) The Director is authorized after an opportunity for an
20		administrative hearing to suspend, revoke, or modify any
21		license, permit, special order, registration, or certification
22		issued under this Act. This action may be taken in addition to
23		or in lieu of monetary penalties assessed as set forth in this
24		Section. When it is in the interest of the people of the State

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1		of Illinois, the Director may, upon good and sufficient
2		evidence, suspend the registration, license, or permit until a
3		hearing has been held. In such cases, the Director shall issue
4		an order in writing setting forth the reasons for the
5		suspension. Such order shall be served personally on the
6		person or by registered or certified mail sent to the person's
7		business address as shown in the latest notification to the
8		Department. When such an order has been issued by the
9		Director, the person may request an immediate hearing.
10		(2) Before initiating hearing proceedings, the Director
11		may issue an advisory letter to a violator of this Act or its
12		rules and regulations when the violation points total 6 or
13		less, as determined by the Department by the Use and Violation
14		Criteria established in this Section. When the Department
15		determines that the violation points total more than 6 but not
16		more than 13, the Director shall issue a warning letter to the
17		violator.
18		(3) The hearing officer upon determination of a violation
19		or violations shall assess one or more of the following
20		penalties:
21		(A) For any person applying pesticides without a
22		license or misrepresenting certification or failing to
23		comply with conditions of an agrichemical facility permit
24		or failing to comply with the conditions of a written
25		authorization for land application of agrichemical
26		contaminated soils or groundwater, a penalty of $500 shall

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1		be assessed for the first offense and $1,000 for the
2		second and subsequent offenses.
3		(B) For violations of a stop use order imposed by the
4		Director, the penalty shall be $2500.
5		(C) For violations of a stop sale order imposed by the
6		Director, the penalty shall be $1500 for each individual
7		item of the product found in violation of the order.
8		(D) For selling restricted use pesticides to a
9		non-certified applicator the penalty shall be $1000.
10		(E) For selling restricted use pesticides without a
11		dealer's license the penalty shall be $1,000.
12		(F) For constructing or operating without an
13		agrichemical facility permit after receiving written
14		notification, the penalty shall be $500 for the first
15		offense and $1,000 for the second and subsequent offenses.
16		(F-5) For any person found by the Department to have
17		committed a use inconsistent with the label, as defined in
18		subsection 40 of Section 4, that results in human exposure
19		to a pesticide, the penalty shall be assessed in
20		accordance with this paragraph (F-5). The Department shall
21		impose a penalty under this paragraph (F-5) only if it
22		represents an amount greater than the penalty assessed
23		under paragraph subparagraph (G). The amount of the
24		penalty under this paragraph (F-5) is calculated as
25		follows:
26		(a) If fewer than 3 humans are exposed, then the

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1		penalty shall be $500 for each human exposed.
2		(b) If 3 or more humans but fewer than 5 humans are
3		exposed, then the penalty shall be $750 for each human
4		exposed.
5		(c) If 5 or more humans are exposed, then the
6		penalty shall be $1,250 for each human exposed.
7		If a penalty is imposed under this paragraph (F-5),
8		the Department shall redetermine the total violation
9		points under subsection (4), less any points under
10		subsection (4) stemming from human exposure, and impose
11		any additional penalty under paragraph subparagraph (G)
12		based on the new total. The reassessed total shall not
13		affect any determination under subsection (2); any
14		determination under subsection (2) shall be determined by
15		the full application of points under subsection (4).
16		(G) For violations of the Act and rules and
17		regulations, administrative penalties will be based upon
18		the total violation points as determined by the Use and
19		Violation Criteria as set forth in subsection paragraph
20		(4) of this Section. The monetary penalties shall be as
21		follows:
22 Total Violation Points Monetary Penalties 23 14-16 $750 24 17-19 $1000 25 20-21 $2500 26 22-25 $5000

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1 26-29 $7500 2 30 and above $10,000
3		(4) Subject to paragraph (F-5), the following Use and
4		Violation Criteria establishes the point value which shall be
5		compiled to determine the total violation points and
6		administrative actions or monetary penalties to be imposed as
7		set forth in paragraph (3)(G) of this Section:
8		(A) Point values shall be assessed upon the harm or
9		loss incurred.
10		(1) A point value of 1 shall be assessed for the
11		following:
12		(a) Exposure to a pesticide by plants, animals
13		or humans with no symptoms or damage noted.
14		(b) Fraudulent sales practices or
15		representations with no apparent monetary losses
16		involved.
17		(2) A point value of 2 shall be assessed for
18		exposure the following: (a) Exposure to a pesticide
19		which resulted in:
20		(a) (1) Plants or property showing signs of
21		damage, including, but not limited to, leaf curl,
22		burning, wilting, spotting, discoloration, or
23		dying.
24		(b) (2) Garden produce or an agricultural crop
25		not being harvested on schedule.
26		(c) (3) Fraudulent sales practices or

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1		representations resulting in losses under $500.
2		(3) A point value of 4 shall be assessed for the
3		following:
4		(a) Exposure to a pesticide resulting in a
5		human experiencing headaches, nausea, eye
6		irritation, and such other symptoms which
7		persisted less than 3 days.
8		(b) Plant or property damage resulting in a
9		loss below $1000.
10		(c) Animals exhibiting symptoms of pesticide
11		poisoning, including, but not limited to, eye or
12		skin irritations or lack of coordination.
13		(d) Death to less than 5 animals.
14		(e) Fraudulent sales practices or
15		representations resulting in losses from $500 to
16		$2000.
17		(4) A point value of 6 shall be assessed for the
18		following:
19		(a) Exposure to a pesticide resulting in a
20		human experiencing headaches, nausea, eye
21		irritation, and such other symptoms which
22		persisted 3 or more days.
23		(b) Plant or property damage resulting in a
24		loss of $1000 or more.
25		(c) Death to 5 or more animals.
26		(d) Fraudulent sales practices or

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1		representations resulting in losses over $2000.
2		(B) Point values shall be assessed based upon the
3		signal word on the label of the chemical involved:
4 Point Value Signal Word 5 1 Caution 6 2 Warning 7 4 Danger/Poison
8		(C) Point values shall be assessed based upon the
9		degree of responsibility.
10 Point Value Degree of Responsibility 11 2 Accidental (such as equipment 12 malfunction) 13 4 Negligence 14 10 Knowingly
15		(D) Point values shall be assessed based upon the
16		violator's history for the previous 3 years:
17 Point Value Record 18 2 Advisory letter 19 3 Warning letter 20 5 21 22 Previous criminal conviction of this Act or administrative violation resulting in a monetary penalty 23 7 Certification, license, or 24 registration currently 25 suspended or revoked

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1		(E) Point values shall be assessed based upon the
2		violation type:
3		(1) Application Oriented:
4 Point Value Violation 5 1 Inadequate records 6 2 Lack of supervision 7 2 Faulty equipment
8		Use contrary to label directions:
9 2 a. resulting in exposure to 10 applicator or operator 11 3 b. resulting in exposure to 12 other persons or the 13 environment 14 3 c. precautionary statements, 15 sites, rates, restricted use 16 requirements 17 3 Water contamination 18 3 Storage or disposal contrary 19 to label directions 20 3 Pesticide drift 21 4 Direct application to a 22 non-target site 23 6 Falsification of records 24 6 25 Failure to secure a permit or violation of permit or special 26 order

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1		(2) Product Oriented:
2 Point Value Violation 3 6 Pesticide not registered 4 4 Product label claims differ 5 from approved label 6 4 Product composition (active ingredients differs from 7 that of approved label) 8 4 Product not colored as required 9 4 Misbranding as set forth in 10 Section 5 of the Act (4 11 points will be assessed for 12 each count)
13		(5) Any penalty not paid within 60 days of notice from
14		the Department shall be submitted to the Attorney
15		General's Office for collection. Failure to pay a penalty
16		shall also be grounds for suspension or revocation of
17		permits, licenses and registrations.
18		(6) Private applicators, except those private
19		applicators who have been found by the Department to have
20		committed a "use inconsistent with the label" as defined
21		in subsection 40 of Section 4 of this Act, are exempt from
22		the Use and Violation Criteria point values.
23		(Source: P.A. 102-558, eff. 8-20-21; 103-62, eff. 6-9-23;
24		revised 9-20-23.)

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1		Section 510. The Electric Vehicle Rebate Act is amended by
2		changing Section 40 as follows:
3		(415 ILCS 120/40)
4		Sec. 40. Appropriations from the Electric Vehicle Rebate
5		Fund.
6		(a) The Agency shall estimate the amount of user fees
7		expected to be collected under Section 35 of this Act for each
8		fiscal year. User fee funds shall be deposited into and
9		distributed from the Electric Vehicle Rebate Fund in the
10		following manner:
11		(1) Through fiscal year 2023, an An annual amount not
12		to exceed $225,000 may be appropriated to the Agency from
13		the Electric Vehicle Rebate Fund to pay its costs of
14		administering the programs authorized by Section 27 of
15		this Act. Beginning in fiscal year 2024 and in each fiscal
16		year thereafter, an annual amount not to exceed $600,000
17		may be appropriated to the Agency from the Electric
18		Vehicle Rebate Fund to pay its costs of administering the
19		programs authorized by Section 27 of this Act. An amount
20		not to exceed $225,000 may be appropriated to the
21		Secretary of State from the Electric Vehicle Rebate Fund
22		to pay the Secretary of State's costs of administering the
23		programs authorized under this Act.
24		(2) In fiscal year 2022 and each fiscal year
25		thereafter, after appropriation of the amounts authorized

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1		by item (1) of subsection (a) of this Section, the
2		remaining moneys estimated to be collected during each
3		fiscal year shall be appropriated.
4		(3) (Blank).
5		(4) Moneys appropriated to fund the programs
6		authorized in Sections 25 and 30 shall be expended only
7		after they have been collected and deposited into the
8		Electric Vehicle Rebate Fund.
9		(b) General Revenue Fund amounts appropriated to and
10		deposited into the Electric Vehicle Rebate Fund shall be
11		distributed from the Electric Vehicle Rebate Fund to fund the
12		program authorized in Section 27.
13		(Source: P.A. 102-662, eff. 9-15-21; 103-8, eff. 6-7-23;
14		103-363, eff. 7-28-23; revised 9-6-23.)
15		Section 515. The Radiation Protection Act of 1990 is
16		amended by changing Section 6 as follows:
17		(420 ILCS 40/6) (from Ch. 111 1/2, par. 210-6)
18		(Section scheduled to be repealed on January 1, 2027)
19		Sec. 6. Accreditation of administrators of radiation;
20		limited scope accreditation; rules and regulations; education.
21		(a) The Agency shall promulgate such rules and regulations
22		as are necessary to establish accreditation standards and
23		procedures, including a minimum course of education and
24		continuing education requirements in the administration of

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1		radiation to human beings, which are appropriate to the
2		classification of accreditation and which are to be met by all
3		physician assistants, advanced practice registered nurses,
4		nurses, technicians, or other assistants who administer
5		radiation to human beings under the supervision of a person
6		licensed under the Medical Practice Act of 1987. Such rules
7		and regulations may provide for different classes of
8		accreditation based on evidence of national certification,
9		clinical experience or community hardship as conditions of
10		initial and continuing accreditation. The rules and
11		regulations of the Agency shall be consistent with national
12		standards in regard to the protection of the health and safety
13		of the general public.
14		(b) The rules and regulations shall also provide that
15		persons who have been accredited by the Agency, in accordance
16		with the Radiation Protection Act of 1990, without passing an
17		examination, will remain accredited as provided in Section 43
18		of this Act and that those persons may be accredited, without
19		passing an examination, to use other equipment, procedures, or
20		supervision within the original category of accreditation if
21		the Agency receives written assurances from a person licensed
22		under the Medical Practice Act of 1987, that the person
23		accredited has the necessary skill and qualifications for such
24		additional equipment procedures or supervision. The Agency
25		shall, in accordance with subsection (c) of this Section,
26		provide for the accreditation of nurses, technicians, or other

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1		assistants, unless exempted elsewhere in this Act, to perform
2		a limited scope of diagnostic radiography procedures of the
3		chest, the extremities, skull and sinuses, or the spine, while
4		under the supervision of a person licensed under the Medical
5		Practice Act of 1987.
6		(c) The rules or regulations promulgated by the Agency
7		pursuant to subsection (a) shall establish standards and
8		procedures for accrediting persons to perform a limited scope
9		of diagnostic radiography procedures. The rules or regulations
10		shall specify that an individual seeking accreditation for
11		limited diagnostic radiography shall not apply ionizing
12		radiation to human beings until the individual has passed an
13		Agency-approved examination and is accredited by the Agency.
14		For an individual to be accredited to perform a limited
15		scope of diagnostic radiography procedures, he or she must
16		pass an examination approved by the Agency. The examination
17		shall be consistent with national standards in regard to
18		protection of public health and safety. The examination shall
19		consist of a standardized component covering general
20		principles applicable to diagnostic radiography procedures and
21		a clinical component specific to the types of procedures for
22		which accreditation is being sought. The Agency may assess a
23		reasonable fee for such examinations to cover any costs
24		incurred by the Agency in conjunction with the examinations.
25		(d) The Agency shall by rule or regulation exempt from
26		accreditation physician assistants, advanced practice

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1		registered nurses, nurses, technicians, or other assistants
2		who administer radiation to human beings under supervision of
3		a person licensed to practice under the Medical Practice Act
4		of 1987 when the services are performed on employees of a
5		business at a medical facility owned and operated by the
6		business. Such exemption shall only apply to the equipment,
7		procedures, and supervision specific to the medical facility
8		owned and operated by the business.
9		(Source: P.A. 103-155, eff. 1-1-24; revised 1-2-24.)
10		Section 520. The Firearm Owners Identification Card Act is
11		amended by changing Section 10 as follows:
12		(430 ILCS 65/10) (from Ch. 38, par. 83-10)
13		Sec. 10. Appeals; hearing; relief from firearm
14		prohibitions.
15		(a) Whenever an application for a Firearm Owner's
16		Identification Card is denied or whenever such a Card is
17		revoked or seized as provided for in Section 8 of this Act, the
18		aggrieved party may (1) file a record challenge with the
19		Director regarding the record upon which the decision to deny
20		or revoke the Firearm Owner's Identification Card was based
21		under subsection (a-5); or (2) appeal to the Director of the
22		Illinois State Police through December 31, 2022, or beginning
23		January 1, 2023, the Firearm Owner's Identification Card
24		Review Board for a hearing seeking relief from such denial or

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1		revocation unless the denial or revocation was based upon a
2		forcible felony, stalking, aggravated stalking, domestic
3		battery, any violation of the Illinois Controlled Substances
4		Act, the Methamphetamine Control and Community Protection Act,
5		or the Cannabis Control Act that is classified as a Class 2 or
6		greater felony, any felony violation of Article 24 of the
7		Criminal Code of 1961 or the Criminal Code of 2012, or any
8		adjudication as a delinquent minor for the commission of an
9		offense that if committed by an adult would be a felony, in
10		which case the aggrieved party may petition the circuit court
11		in writing in the county of his or her residence for a hearing
12		seeking relief from such denial or revocation.
13		(a-5) There is created a Firearm Owner's Identification
14		Card Review Board to consider any appeal under subsection (a)
15		beginning January 1, 2023, other than an appeal directed to
16		the circuit court and except when the applicant is challenging
17		the record upon which the decision to deny or revoke was based
18		as provided in subsection (a-10).
19		(0.05) In furtherance of the policy of this Act that
20		the Board shall exercise its powers and duties in an
21		independent manner, subject to the provisions of this Act
22		but free from the direction, control, or influence of any
23		other agency or department of State government. All
24		expenses and liabilities incurred by the Board in the
25		performance of its responsibilities hereunder shall be
26		paid from funds which shall be appropriated to the Board

HB4844 Engrossed - 1597 - LRB103 39009 AMC 69146 b
1		by the General Assembly for the ordinary and contingent
2		expenses of the Board.
3		(1) The Board shall consist of 7 members appointed by
4		the Governor, with the advice and consent of the Senate,
5		with 3 members residing within the First Judicial District
6		and one member residing within each of the 4 remaining
7		Judicial Districts. No more than 4 members shall be
8		members of the same political party. The Governor shall
9		designate one member as the chairperson. The members shall
10		have actual experience in law, education, social work,
11		behavioral sciences, law enforcement, or community affairs
12		or in a combination of those areas.
13		(2) The terms of the members initially appointed after
14		January 1, 2022 (the effective date of Public Act 102-237)
15		shall be as follows: one of the initial members shall be
16		appointed for a term of one year, 3 shall be appointed for
17		terms of 2 years, and 3 shall be appointed for terms of 4
18		years. Thereafter, members shall hold office for 4 years,
19		with terms expiring on the second Monday in January
20		immediately following the expiration of their terms and
21		every 4 years thereafter. Members may be reappointed.
22		Vacancies in the office of member shall be filled in the
23		same manner as the original appointment, for the remainder
24		of the unexpired term. The Governor may remove a member
25		for incompetence, neglect of duty, malfeasance, or
26		inability to serve. Members shall receive compensation in

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1		an amount equal to the compensation of members of the
2		Executive Ethics Commission and, beginning July 1, 2023,
3		shall be compensated from appropriations provided to the
4		Comptroller for this purpose. Members may be reimbursed,
5		from funds appropriated for such a purpose, for reasonable
6		expenses actually incurred in the performance of their
7		Board duties. The Illinois State Police shall designate an
8		employee to serve as Executive Director of the Board and
9		provide logistical and administrative assistance to the
10		Board.
11		(3) The Board shall meet at least quarterly each year
12		and at the call of the chairperson as often as necessary to
13		consider appeals of decisions made with respect to
14		applications for a Firearm Owner's Identification Card
15		under this Act. If necessary to ensure the participation
16		of a member, the Board shall allow a member to participate
17		in a Board meeting by electronic communication. Any member
18		participating electronically shall be deemed present for
19		purposes of establishing a quorum and voting.
20		(4) The Board shall adopt rules for the review of
21		appeals and the conduct of hearings. The Board shall
22		maintain a record of its decisions and all materials
23		considered in making its decisions. All Board decisions
24		and voting records shall be kept confidential and all
25		materials considered by the Board shall be exempt from
26		inspection except upon order of a court.

HB4844 Engrossed - 1599 - LRB103 39009 AMC 69146 b
1		(5) In considering an appeal, the Board shall review
2		the materials received concerning the denial or revocation
3		by the Illinois State Police. By a vote of at least 4
4		members, the Board may request additional information from
5		the Illinois State Police or the applicant or the
6		testimony of the Illinois State Police or the applicant.
7		The Board may require that the applicant submit electronic
8		fingerprints to the Illinois State Police for an updated
9		background check if the Board determines it lacks
10		sufficient information to determine eligibility. The Board
11		may consider information submitted by the Illinois State
12		Police, a law enforcement agency, or the applicant. The
13		Board shall review each denial or revocation and determine
14		by a majority of members whether an applicant should be
15		granted relief under subsection (c).
16		(6) The Board shall by order issue summary decisions.
17		The Board shall issue a decision within 45 days of
18		receiving all completed appeal documents from the Illinois
19		State Police and the applicant. However, the Board need
20		not issue a decision within 45 days if:
21		(A) the Board requests information from the
22		applicant, including, but not limited to, electronic
23		fingerprints to be submitted to the Illinois State
24		Police, in accordance with paragraph (5) of this
25		subsection, in which case the Board shall make a
26		decision within 30 days of receipt of the required

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1		information from the applicant;
2		(B) the applicant agrees, in writing, to allow the
3		Board additional time to consider an appeal; or
4		(C) the Board notifies the applicant and the
5		Illinois State Police that the Board needs an
6		additional 30 days to issue a decision. The Board may
7		only issue 2 extensions under this subparagraph (C).
8		The Board's notification to the applicant and the
9		Illinois State Police shall include an explanation for
10		the extension.
11		(7) If the Board determines that the applicant is
12		eligible for relief under subsection (c), the Board shall
13		notify the applicant and the Illinois State Police that
14		relief has been granted and the Illinois State Police
15		shall issue the Card.
16		(8) Meetings of the Board shall not be subject to the
17		Open Meetings Act and records of the Board shall not be
18		subject to the Freedom of Information Act.
19		(9) The Board shall report monthly to the Governor and
20		the General Assembly on the number of appeals received and
21		provide details of the circumstances in which the Board
22		has determined to deny Firearm Owner's Identification
23		Cards under this subsection (a-5). The report shall not
24		contain any identifying information about the applicants.
25		(a-10) Whenever an applicant or cardholder is not seeking
26		relief from a firearms prohibition under subsection (c) but

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1		rather does not believe the applicant is appropriately denied
2		or revoked and is challenging the record upon which the
3		decision to deny or revoke the Firearm Owner's Identification
4		Card was based, or whenever the Illinois State Police fails to
5		act on an application within 30 days of its receipt, the
6		applicant shall file such challenge with the Director. The
7		Director shall render a decision within 60 business days of
8		receipt of all information supporting the challenge. The
9		Illinois State Police shall adopt rules for the review of a
10		record challenge.
11		(b) At least 30 days before any hearing in the circuit
12		court, the petitioner shall serve the relevant State's
13		Attorney with a copy of the petition. The State's Attorney may
14		object to the petition and present evidence. At the hearing,
15		the court shall determine whether substantial justice has been
16		done. Should the court determine that substantial justice has
17		not been done, the court shall issue an order directing the
18		Illinois State Police to issue a Card. However, the court
19		shall not issue the order if the petitioner is otherwise
20		prohibited from obtaining, possessing, or using a firearm
21		under federal law.
22		(c) Any person prohibited from possessing a firearm under
23		Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or
24		acquiring a Firearm Owner's Identification Card under Section
25		8 of this Act may apply to the Firearm Owner's Identification
26		Card Review Board or petition the circuit court in the county

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1		where the petitioner resides, whichever is applicable in
2		accordance with subsection (a) of this Section, requesting
3		relief from such prohibition and the Board or court may grant
4		such relief if it is established by the applicant to the
5		court's or the Board's satisfaction that:
6		(0.05) when in the circuit court, the State's Attorney
7		has been served with a written copy of the petition at
8		least 30 days before any such hearing in the circuit court
9		and at the hearing the State's Attorney was afforded an
10		opportunity to present evidence and object to the
11		petition;
12		(1) the applicant has not been convicted of a forcible
13		felony under the laws of this State or any other
14		jurisdiction within 20 years of the applicant's
15		application for a Firearm Owner's Identification Card, or
16		at least 20 years have passed since the end of any period
17		of imprisonment imposed in relation to that conviction;
18		(2) the circumstances regarding a criminal conviction,
19		where applicable, the applicant's criminal history and his
20		reputation are such that the applicant will not be likely
21		to act in a manner dangerous to public safety;
22		(3) granting relief would not be contrary to the
23		public interest; and
24		(4) granting relief would not be contrary to federal
25		law.
26		(c-5) (1) An active law enforcement officer employed by a

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1		unit of government or a Department of Corrections employee
2		authorized to possess firearms who is denied, revoked, or has
3		his or her Firearm Owner's Identification Card seized under
4		subsection (e) of Section 8 of this Act may apply to the
5		Firearm Owner's Identification Card Review Board requesting
6		relief if the officer or employee did not act in a manner
7		threatening to the officer or employee, another person, or the
8		public as determined by the treating clinical psychologist or
9		physician, and as a result of his or her work is referred by
10		the employer for or voluntarily seeks mental health evaluation
11		or treatment by a licensed clinical psychologist,
12		psychiatrist, or qualified examiner, and:
13		(A) the officer or employee has not received treatment
14		involuntarily at a mental health facility, regardless of
15		the length of admission; or has not been voluntarily
16		admitted to a mental health facility for more than 30 days
17		and not for more than one incident within the past 5 years;
18		and
19		(B) the officer or employee has not left the mental
20		institution against medical advice.
21		(2) The Firearm Owner's Identification Card Review Board
22		shall grant expedited relief to active law enforcement
23		officers and employees described in paragraph (1) of this
24		subsection (c-5) upon a determination by the Board that the
25		officer's or employee's possession of a firearm does not
26		present a threat to themselves, others, or public safety. The

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1		Board shall act on the request for relief within 30 business
2		days of receipt of:
3		(A) a notarized statement from the officer or employee
4		in the form prescribed by the Board detailing the
5		circumstances that led to the hospitalization;
6		(B) all documentation regarding the admission,
7		evaluation, treatment and discharge from the treating
8		licensed clinical psychologist or psychiatrist of the
9		officer;
10		(C) a psychological fitness for duty evaluation of the
11		person completed after the time of discharge; and
12		(D) written confirmation in the form prescribed by the
13		Board from the treating licensed clinical psychologist or
14		psychiatrist that the provisions set forth in paragraph
15		(1) of this subsection (c-5) have been met, the person
16		successfully completed treatment, and their professional
17		opinion regarding the person's ability to possess
18		firearms.
19		(3) Officers and employees eligible for the expedited
20		relief in paragraph (2) of this subsection (c-5) have the
21		burden of proof on eligibility and must provide all
22		information required. The Board may not consider granting
23		expedited relief until the proof and information is received.
24		(4) "Clinical psychologist", "psychiatrist", and
25		"qualified examiner" shall have the same meaning as provided
26		in Chapter I of the Mental Health and Developmental

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1		Disabilities Code.
2		(c-10) (1) An applicant, who is denied, revoked, or has
3		his or her Firearm Owner's Identification Card seized under
4		subsection (e) of Section 8 of this Act based upon a
5		determination of a developmental disability or an intellectual
6		disability may apply to the Firearm Owner's Identification
7		Card Review Board requesting relief.
8		(2) The Board shall act on the request for relief within 60
9		business days of receipt of written certification, in the form
10		prescribed by the Board, from a physician or clinical
11		psychologist, or qualified examiner, that the aggrieved
12		party's developmental disability or intellectual disability
13		condition is determined by a physician, clinical psychologist,
14		or qualified to be mild. If a fact-finding conference is
15		scheduled to obtain additional information concerning the
16		circumstances of the denial or revocation, the 60 business
17		days the Director has to act shall be tolled until the
18		completion of the fact-finding conference.
19		(3) The Board may grant relief if the aggrieved party's
20		developmental disability or intellectual disability is mild as
21		determined by a physician, clinical psychologist, or qualified
22		examiner and it is established by the applicant to the Board's
23		satisfaction that:
24		(A) granting relief would not be contrary to the
25		public interest; and
26		(B) granting relief would not be contrary to federal

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1		law.
2		(4) The Board may not grant relief if the condition is
3		determined by a physician, clinical psychologist, or qualified
4		examiner to be moderate, severe, or profound.
5		(5) The changes made to this Section by Public Act 99-29
6		apply to requests for relief pending on or before July 10, 2015
7		(the effective date of Public Act 99-29), except that the
8		60-day period for the Director to act on requests pending
9		before the effective date shall begin on July 10, 2015 (the
10		effective date of Public Act 99-29). All appeals as provided
11		in subsection (a-5) pending on January 1, 2023 shall be
12		considered by the Board.
13		(d) When a minor is adjudicated delinquent for an offense
14		which if committed by an adult would be a felony, the court
15		shall notify the Illinois State Police.
16		(e) The court shall review the denial of an application or
17		the revocation of a Firearm Owner's Identification Card of a
18		person who has been adjudicated delinquent for an offense that
19		if committed by an adult would be a felony if an application
20		for relief has been filed at least 10 years after the
21		adjudication of delinquency and the court determines that the
22		applicant should be granted relief from disability to obtain a
23		Firearm Owner's Identification Card. If the court grants
24		relief, the court shall notify the Illinois State Police that
25		the disability has been removed and that the applicant is
26		eligible to obtain a Firearm Owner's Identification Card.

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1		(f) Any person who is subject to the disabilities of 18
2		U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act
3		of 1968 because of an adjudication or commitment that occurred
4		under the laws of this State or who was determined to be
5		subject to the provisions of subsections (e), (f), or (g) of
6		Section 8 of this Act may apply to the Illinois State Police
7		requesting relief from that prohibition. The Board shall grant
8		the relief if it is established by a preponderance of the
9		evidence that the person will not be likely to act in a manner
10		dangerous to public safety and that granting relief would not
11		be contrary to the public interest. In making this
12		determination, the Board shall receive evidence concerning (i)
13		the circumstances regarding the firearms disabilities from
14		which relief is sought; (ii) the petitioner's mental health
15		and criminal history records, if any; (iii) the petitioner's
16		reputation, developed at a minimum through character witness
17		statements, testimony, or other character evidence; and (iv)
18		changes in the petitioner's condition or circumstances since
19		the disqualifying events relevant to the relief sought. If
20		relief is granted under this subsection or by order of a court
21		under this Section, the Director shall as soon as practicable
22		but in no case later than 15 business days, update, correct,
23		modify, or remove the person's record in any database that the
24		Illinois State Police makes available to the National Instant
25		Criminal Background Check System and notify the United States
26		Attorney General that the basis for the record being made

HB4844 Engrossed - 1608 - LRB103 39009 AMC 69146 b
1		available no longer applies. The Illinois State Police shall
2		adopt rules for the administration of this Section.
3		(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
4		102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1115, eff.
5		1-9-23; 102-1129, eff. 2-10-23; revised 2-28-23.)
6		Section 525. The Children's Product Safety Act is amended
7		by changing Section 10 as follows:
8		(430 ILCS 125/10)
9		Sec. 10. Definitions. In this Act:
10		(a) "Children's product" means a product, including, but
11		not limited to, a full-size crib, non-full-size crib, toddler
12		bed, bed, car seat, chair, high chair, booster chair, hook-on
13		chair, bath seat, gate or other enclosure for confining a
14		child, play yard, stationary activity center, carrier,
15		stroller, walker, swing, or toy or play equipment, that meets
16		the following criteria:
17		(i) the product is designed or intended for the care
18		of, or use by, any child under age 12; and
19		(ii) the product is designed or intended to come into
20		contact with the child while the product is used.
21		Notwithstanding any other provision of this Section, a
22		product is not a "children's product" for purposes of this Act
23		if:
24		(I) it may be used by or for the care of a child under

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1		age 9, but it is designed or intended for use by the
2		general population or segments of the general population
3		and not solely or primarily for use by or the care of a
4		child; or
5		(II) it is a medication, drug, or food or is intended
6		to be ingested.
7		(b) "Commercial dealer" means any person who deals in
8		children's products or who otherwise by one's occupation holds
9		oneself out as having knowledge or skill peculiar to
10		children's products, or any person who is in the business of
11		remanufacturing, retrofitting, selling, leasing, subletting,
12		or otherwise placing in the stream of commerce children's
13		products.
14		(b-5) "Manufacturer" means any person who makes and places
15		into the stream of commerce a children's product as defined by
16		this Act.
17		(b-10) "Importer" means any person who brings into this
18		country and places into the stream of commerce a children's
19		product.
20		(b-15) "Distributor" and "wholesaler" means any person,
21		other than a manufacturer or retailer, who sells or resells or
22		otherwise places into the stream of commerce a children's
23		product.
24		(b-20) "Retailer" means any person other than a
25		manufacturer, distributor, or wholesaler who sells, leases, or
26		sublets children's products.

HB4844 Engrossed - 1610 - LRB103 39009 AMC 69146 b
1		(b-25) "First seller" means any retailer selling a
2		children's product that has not been used or has not
3		previously been owned. A first seller does not include an
4		entity such as a second-hand or resale store.
5		(c) "Person" means a natural person, firm, corporation,
6		limited liability company, or association, or an employee or
7		agent of a natural person or an entity included in this
8		definition.
9		(d) "Infant" means any person less than 35 inches tall and
10		less than 3 years of age.
11		(e) "Crib" means a bed or containment designed to
12		accommodate an infant.
13		(f) "Full-size crib" means a full-size crib as defined in
14		Section 1508.3 of Title 16 of the Code of Federal Regulations
15		regarding the requirements for full-size cribs.
16		(g) "Non-full-size crib" means a non-full-size crib as
17		defined in Section 1509.2 of Title 16 of the Code of Federal
18		Regulations regarding the requirements for non-full-size
19		cribs.
20		(h) "End consumer" means a person who purchases a
21		children's product for any purpose other than resale.
22		(Source: P.A. 103-44, eff. 1-1-24; revised 1-2-24.)
23		Section 530. The Wildlife Code is amended by changing
24		Sections 2.36, 2.37, and 3.5 as follows:

HB4844 Engrossed - 1611 - LRB103 39009 AMC 69146 b
1		(520 ILCS 5/2.36) (from Ch. 61, par. 2.36)
2		Sec. 2.36. It shall be unlawful to buy, sell, or barter, or
3		offer to buy, sell, or barter, and for a commercial
4		institution, other than a regularly operated refrigerated
5		storage establishment, to have in its possession any of the
6		wild birds, or any part thereof (and their eggs), or wild
7		mammals or any parts thereof, protected by this Act unless
8		done as hereinafter provided:
9		Game birds or any parts thereof (and their eggs), may be
10		held, possessed, raised and sold, or otherwise dealt with, as
11		provided in Section 3.23 of this Act or when legally produced
12		under similar special permit in another state or country and
13		legally transported into the State of Illinois; provided that
14		such imported game birds or any parts thereof, shall be marked
15		with permanent irremovable tags, or similar devices, to
16		establish and retain their origin and identity;
17		Rabbits may be legally taken and possessed as provided in
18		Sections 3.23, 3.24, and 3.26 of this Act;
19		Deer, or any parts thereof, may be held, possessed, sold
20		or otherwise dealt with as provided in this Section and
21		Sections 3.23 and 3.24 of this Act;
22		If a properly tagged deer is processed at a licensed meat
23		processing facility, the meat processor at the facility is an
24		active member of the Illinois Sportsmen Against Hunger
25		program, and the owner of the deer (i) fails to claim the
26		processed deer within a reasonable time or (ii) notifies the

HB4844 Engrossed - 1612 - LRB103 39009 AMC 69146 b
1		licensed meat processing facility that the owner no longer
2		wants the processed deer, then the deer meat may be given away
3		by the licensed meat processor to another person or donated to
4		any other charitable organization or community food bank that
5		receives wild game meat. The licensed meat processing facility
6		may charge the person receiving the deer meat a reasonable and
7		customary processing fee;
8		Meat processors who are active members of the Illinois
9		Sportsmen Against Hunger program shall keep written records of
10		all deer received. Records shall include the following
11		information:
12		(1) the date the deer was received;
13		(2) the name, address, and telephone number of the
14		person from whom the deer was received;
15		(3) whether the deer was received as a whole carcass
16		or as deboned meat; if the deer was brought to the meat
17		processor as deboned meat, the processor shall include the
18		weight of the meat;
19		(4) the number and state of issuance of the permit of
20		the person from whom the deer was received; in the absence
21		of a permit number, the meat processor may rely on the
22		written certification of the person from whom the deer was
23		received that the deer was legally taken or obtained; and
24		(5) if the person who originally delivered the deer to
25		the meat processor fails to collect or make arrangements
26		for the packaged deer meat to be collected and the meat

HB4844 Engrossed - 1613 - LRB103 39009 AMC 69146 b
1		processor gives all or part of the unclaimed deer meat to
2		another person, the meat processor shall maintain a record
3		of the exchange; the meat processor's records shall
4		include the customer's name, physical address, telephone
5		number, as well as the quantity and type of deer meat given
6		to the customer. The meat processor shall also include the
7		amount of compensation received for the deer meat in his
8		or her records.
9		Meat processor records for unclaimed deer meat shall be
10		open for inspection by any peace officer at any reasonable
11		hour. Meat processors shall maintain records for a period of 2
12		years after the date of receipt of the wild game or for as long
13		as the specimen or meat remains in the meat processors
14		possession, whichever is longer;
15		No meat processor shall have in his or her possession any
16		deer that is not listed in his or her written records and
17		properly tagged or labeled;
18		All licensed meat processors who ship any deer or parts of
19		deer that have been held, possessed, or otherwise dealt with
20		shall tag or label the shipment, and the tag or label shall
21		state the name of the meat processor;
22		Nothing in this Section removes meat processors from
23		responsibility for the observance of any State or federal
24		laws, rules, or regulations that may apply to the meat
25		processing business;
26		Fur-bearing mammals, or any parts thereof, may be held,

HB4844 Engrossed - 1614 - LRB103 39009 AMC 69146 b
1		possessed, sold or otherwise dealt with as provided in
2		Sections 3.16, 3.24, and 3.26 of this Act or when legally taken
3		and possessed in Illinois or legally taken and possessed in
4		and transported from other states or countries;
5		It is unlawful for any person to act as a nuisance wildlife
6		control operator for fee or compensation without a permit as
7		provided in subsection subsection (b) of Section 2.37 of this
8		Act unless such trapping is in compliance with Section 2.30.
9		The inedible parts of game mammals may be held, possessed,
10		sold, or otherwise dealt with when legally taken, in Illinois
11		or legally taken and possessed in and transported from other
12		states or countries.
13		Failure to establish proof of the legality of possession
14		in another state or country and importation into the State of
15		Illinois, shall be prima facie evidence that such game birds
16		or any parts thereof, and their eggs, game mammals and
17		fur-bearing mammals, or any parts thereof, were taken within
18		the State of Illinois.
19		(Source: P.A. 103-37, eff. 6-9-23; revised 9-20-23.)
20		(520 ILCS 5/2.37) (from Ch. 61, par. 2.37)
21		Sec. 2.37. Authority to kill wildlife responsible for
22		damage.
23		(a) Subject to federal regulations and Section 3 of the
24		Illinois Endangered Species Protection Act, the Department may
25		authorize owners and tenants of lands or their agents, who are

HB4844 Engrossed - 1615 - LRB103 39009 AMC 69146 b
1		performing the service without fee or compensation, to remove
2		or destroy any wild bird or wild mammal when the wild bird or
3		wild mammal is known to be destroying property or causing a
4		risk to human health or safety upon his or her land.
5		Upon receipt by the Department of information from the
6		owner, tenant, or sharecropper that any one or more species of
7		wildlife is damaging dams, levees, ditches, cattle pastures,
8		or other property on the land on which he resides or controls,
9		together with a statement regarding location of the property
10		damages, the nature and extent of the damage, and the
11		particular species of wildlife committing the damage, the
12		Department shall make an investigation.
13		If, after investigation, the Department finds that damage
14		does exist and can be abated only by removing or destroying
15		that wildlife, a permit shall be issued by the Department to
16		remove or destroy the species responsible for causing the
17		damage.
18		A permit to control the damage shall be for a period of up
19		to 90 days, shall specify the means and methods by which and
20		the person or persons by whom the wildlife may be removed or
21		destroyed, without fee or compensation, and shall set forth
22		the disposition procedure to be made of all wildlife taken and
23		other restrictions the Director considers necessary and
24		appropriate in the circumstances of the particular case.
25		Whenever possible, the specimens destroyed shall be given to a
26		bona fide bona-fide public or State scientific, educational,

HB4844 Engrossed - 1616 - LRB103 39009 AMC 69146 b
1		or zoological institution.
2		The permittee shall advise the Department in writing,
3		within 10 days after the expiration date of the permit, of the
4		number of individual species of wildlife taken, disposition
5		made of them, and any other information which the Department
6		may consider necessary.
7		(b) Subject to federal regulations and Section 3 of the
8		Illinois Endangered Species Protection Act, the Department may
9		grant the authority to control species protected by this Code
10		pursuant to the issuance of a Nuisance Wildlife Control Permit
11		to:
12		(1) any person who is providing such service for a fee
13		or compensation;
14		(2) a governmental body; or
15		(3) a nonprofit or other charitable organization.
16		The Department shall set forth applicable regulations in
17		an Administrative Order and may require periodic reports
18		listing species taken, numbers of each species taken, dates
19		when taken, and other pertinent information.
20		Any person operating under a Nuisance Wildlife Control
21		Permit who subcontracts the operation of nuisance wildlife
22		control to another shall ensure that such subcontractor
23		possesses a valid Nuisance Wildlife Control Permit issued by
24		the Department. The person must maintain a record of the
25		subcontractor including the subcontractor's name, address, and
26		phone number, and type of work to be performed, for a period of

HB4844 Engrossed - 1617 - LRB103 39009 AMC 69146 b
1		not less than 2 years from the date the subcontractor is no
2		longer performing services on behalf of the person. The
3		records shall be presented to an authorized employee of the
4		Department or law enforcement officer upon request for
5		inspection.
6		Any person operating without the required permit as
7		outlined under this subsection (b) or in violation of this
8		subsection (b) is deemed to be taking, attempting to take,
9		disturbing, or harassing wildlife contrary to the provisions
10		of this Code, including the taking or attempting to take such
11		species for commercial purposes as outlined in Sections 2.36
12		and 2.36a of this Code. Any devices and equipment, including
13		vehicles, used in violation of this subsection (b) may be
14		subject to the provisions of Section 1.25 of this Code.
15		(c) Except when operating under subsection (b) of this
16		Section, drainage districts district fur trapping unless
17		otherwise instructed by the Department district This authority
18		only extends to control of beavers. Any other protected
19		species must be controlled pursuant to subsection (b) or (c).
20		(c) The location of traps or snares authorized under this
21		Section, either by the Department or any other governmental
22		body with the authority to control species protected by this
23		Code, shall be exempt from the provisions of the Freedom of
24		Information Act.
25		(d) A drainage district or road district or the designee
26		of a drainage district or road district shall be exempt from

HB4844 Engrossed - 1618 - LRB103 39009 AMC 69146 b
1		the requirement to obtain a permit to control nuisance
2		muskrats or beavers if all applicable provisions for licenses
3		are complied with and any trap types and sizes used are in
4		compliance with this Code Act, including marking or
5		identification. The designee of a drainage district or road
6		district must have a signed and dated written authorization
7		from the drainage district or road district in possession at
8		all times when conducting activities under this Section. This
9		exemption from obtaining a permit shall be valid only upon
10		property owned, leased, or controlled by the drainage district
11		or road district. For the purposes of this Section, "road
12		district" includes a township road district.
13		(Source: P.A. 102-524, eff. 8-20-21; 103-37, eff. 6-9-23;
14		103-225, eff. 6-30-23; revised 8-28-23.)
15		(520 ILCS 5/3.5) (from Ch. 61, par. 3.5)
16		Sec. 3.5. Penalties; probation.
17		(a) Any person who violates any of the provisions of
18		Section 2.36a, including administrative rules, shall be guilty
19		of a Class 3 felony, except as otherwise provided in
20		subsection (b) of this Section and subsection (a) of Section
21		2.36a.
22		(b) Whenever any person who has not previously been
23		convicted of, or placed on probation or court supervision for,
24		any offense under Section 1.22, 2.36, or 2.36a, operating
25		without a permit as prescribed in subsection (b) of Section

HB4844 Engrossed - 1619 - LRB103 39009 AMC 69146 b
1		2.37, or an offense under subsection (i) or (cc) of Section
2		2.33, the court may, without entering a judgment and with the
3		person's consent, sentence the person to probation for a
4		violation of Section 2.36a.
5		(1) When a person is placed on probation, the court
6		shall enter an order specifying a period of probation of
7		24 months and shall defer further proceedings in the case
8		until the conclusion of the period or until the filing of a
9		petition alleging violation of a term or condition of
10		probation.
11		(2) The conditions of probation shall be that the
12		person:
13		(A) Not violate any criminal statute of any
14		jurisdiction.
15		(B) Perform no less than 30 hours of community
16		service, provided community service is available in
17		the jurisdiction and is funded and approved by the
18		county board.
19		(3) The court may, in addition to other conditions:
20		(A) Require that the person make a report to and
21		appear in person before or participate with the court
22		or courts, person, or social service agency as
23		directed by the court in the order of probation.
24		(B) Require that the person pay a fine and costs.
25		(C) Require that the person refrain from
26		possessing a firearm or other dangerous weapon.

HB4844 Engrossed - 1620 - LRB103 39009 AMC 69146 b
1		(D) Prohibit the person from associating with any
2		person who is actively engaged in any of the
3		activities regulated by the permits issued or
4		privileges granted by the Department of Natural
5		Resources.
6		(4) Upon violation of a term or condition of
7		probation, the court may enter a judgment on its original
8		finding of guilt and proceed as otherwise provided.
9		(5) Upon fulfillment of the terms and conditions of
10		probation, the court shall discharge the person and
11		dismiss the proceedings against the person.
12		(6) A disposition of probation is considered to be a
13		conviction for the purposes of imposing the conditions of
14		probation, for appeal, and for administrative revocation
15		and suspension of licenses and privileges; however,
16		discharge and dismissal under this Section is not a
17		conviction for purposes of disqualification or
18		disabilities imposed by law upon conviction of a crime.
19		(7) Discharge and dismissal under this Section may
20		occur only once with respect to any person.
21		(8) If a person is convicted of an offense under this
22		Act within 5 years subsequent to a discharge and dismissal
23		under this Section, the discharge and dismissal under this
24		Section shall be admissible in the sentencing proceeding
25		for that conviction as a factor in aggravation.
26		(9) The Circuit Clerk shall notify the Illinois State

HB4844 Engrossed - 1621 - LRB103 39009 AMC 69146 b
1		Police of all persons convicted of or placed under
2		probation for violations of Section 2.36a.
3		(c) Any person who violates any of the provisions of
4		Sections 2.9, 2.11, 2.16, 2.18, 2.24, 2.25, 2.26, 2.29, 2.30,
5		2.31, 2.32, 2.33 (except subsections (g), (i), (o), (p), (y),
6		and (cc)), 2.33-1, 2.33a, 3.3, 3.4, 3.11 through 3.16, 3.19,
7		3.20, 3.21 (except subsections (b), (c), (d), (e), (f), (f.5),
8		(g), (h), and (i)), 3.24, 3.25, and 3.26 (except subsection
9		(f)), including administrative rules, shall be guilty of a
10		Class B misdemeanor.
11		A person who violates Section 2.33b by using any computer
12		software or service to remotely control a weapon that takes
13		wildlife by remote operation is guilty of a Class B
14		misdemeanor. A person who violates Section 2.33b by
15		facilitating a violation of Section 2.33b, including an owner
16		of land in which remote control hunting occurs, a computer
17		programmer who designs a program or software to facilitate
18		remote control hunting, or a person who provides weapons or
19		equipment to facilitate remote control hunting, is guilty of a
20		Class A misdemeanor.
21		Any person who violates any of the provisions of Sections
22		1.22, 2.2a, 2.3, 2.4, 2.36, and 2.38, including administrative
23		rules, shall be guilty of a Class A misdemeanor. Any second or
24		subsequent violations of Sections 2.4 and 2.36 shall be a
25		Class 4 felony.
26		Any person who violates any of the provisions of this Act,

HB4844 Engrossed - 1622 - LRB103 39009 AMC 69146 b
1		including administrative rules, during such period when his
2		license, privileges, or permit is revoked or denied by virtue
3		of Section 3.36, shall be guilty of a Class A misdemeanor.
4		Any person who violates subsection (g), (i), (o), (p),
5		(y), or (cc) of Section 2.33 shall be guilty of a Class A
6		misdemeanor and subject to a fine of no less than $500 and no
7		more than $5,000 in addition to other statutory penalties. In
8		addition, the Department shall suspend the privileges, under
9		this Act, of any person found guilty of violating subsection
10		(cc) of Section 2.33(cc) for a period of not less than one
11		year.
12		Any person who operates without a permit in violation of
13		subsection (b) of Section 2.37 is guilty of a Class A
14		misdemeanor and subject to a fine of not less than $500. Any
15		other violation of subsection (b) of Section 2.37, including
16		administrative rules, is a Class B misdemeanor.
17		Any person who violates any other of the provisions of
18		this Act including administrative rules, unless otherwise
19		stated, shall be guilty of a petty offense. Offenses committed
20		by minors under the direct control or with the consent of a
21		parent or guardian may subject the parent or guardian to the
22		penalties prescribed in this Section.
23		In addition to any fines imposed pursuant to the
24		provisions of this Section or as otherwise provided in this
25		Act, any person found guilty of unlawfully taking or
26		possessing any species protected by this Act, shall be

HB4844 Engrossed - 1623 - LRB103 39009 AMC 69146 b
1		assessed a civil penalty for such species in accordance with
2		the values prescribed in Section 2.36a of this Act. This civil
3		penalty shall be imposed by the Circuit Court for the county
4		within which the offense was committed at the time of the
5		conviction. Any person found guilty of violating subsection
6		(b) of Section 2.37 is subject to an additional civil penalty
7		of up to $1,500. All penalties provided for in this Section
8		shall be remitted to the Department in accordance with the
9		same provisions provided for in Section 1.18 of this Act,
10		except that civil penalties collected for violation of
11		subsection Subsection (b) of Section 2.37 shall be remitted to
12		the Department and allocated as follows:
13		(1) 60% to the Conservation Police Operations
14		Assistance Fund; and
15		(2) 40% to the Illinois Habitat Fund.
16		(Source: P.A. 102-538, eff. 8-20-21; 103-37, eff. 6-9-23;
17		revised 9-26-23.)
18		Section 535. The Illinois Highway Code is amended by
19		changing Section 6-901 as follows:
20		(605 ILCS 5/6-901) (from Ch. 121, par. 6-901)
21		Sec. 6-901. Annually, the General Assembly shall
22		appropriate to the Department of Transportation from the Road
23		Fund road fund, the General Revenue Fund general revenue fund,
24		any other State funds, or a combination of those funds,

HB4844 Engrossed - 1624 - LRB103 39009 AMC 69146 b
1		$60,000,000 for apportionment to counties for the use of road
2		districts for the construction of bridges 20 feet or more in
3		length, as provided in Sections 6-902 through 6-905.
4		The Department of Transportation shall apportion among the
5		several counties of this State for the use of road districts
6		the amounts appropriated under this Section. The amount
7		apportioned to a county shall be in the proportion which the
8		total mileage of township or district roads in the county
9		bears to the total mileage of all township and district roads
10		in the State. Each county shall allocate to the several road
11		districts in the county the funds so apportioned to the
12		county. The allocation to road districts shall be made in the
13		same manner and be subject to the same conditions and
14		qualifications as are provided by Section 8 of the "Motor Fuel
15		Tax Law", approved March 25, 1929, as amended, with respect to
16		the allocation to road districts of the amount allotted from
17		the Motor Fuel Tax Fund for apportionment to counties for the
18		use of road districts, but no allocation shall be made to any
19		road district that has not levied taxes for road and bridge
20		purposes and for bridge construction purposes at the maximum
21		rates permitted by Sections 6-501, 6-508, and 6-512 of this
22		Act, without referendum. "Road district" and "township or
23		district road" have the meanings ascribed to those terms in
24		this Act.
25		Road districts in counties in which a property tax
26		extension limitation is imposed under the Property Tax

HB4844 Engrossed - 1625 - LRB103 39009 AMC 69146 b
1		Extension Limitation Law that are made ineligible for receipt
2		of this appropriation due to the imposition of a property tax
3		extension limitation may become eligible if, at the time the
4		property tax extension limitation was imposed, the road
5		district was levying at the required rate and continues to
6		levy the maximum allowable amount after the imposition of the
7		property tax extension limitation. The road district also
8		becomes eligible if it levies at or above the rate required for
9		eligibility by Section 8 of the Motor Fuel Tax Law.
10		The amounts apportioned under this Section for allocation
11		to road districts may be used only for bridge construction as
12		provided in this Division. So much of those amounts as are not
13		obligated under Sections 6-902 through 6-904 and for which
14		local funds have not been committed under Section 6-905 within
15		48 months of the date when such apportionment is made lapses
16		and shall not be paid to the county treasurer for distribution
17		to road districts.
18		(Source: P.A. 103-8, eff. 6-7-23; revised 9-25-23.)
19		Section 540. The Illinois Vehicle Code is amended by
20		changing Sections 2-119, 3-699.14, 6-103, 6-106.1, 6-118,
21		6-508.5, 7-315, 11-208.6, and 11-305 as follows:
22		(625 ILCS 5/2-119) (from Ch. 95 1/2, par. 2-119)
23		Sec. 2-119. Disposition of fees and taxes.
24		(a) All moneys received from Salvage Certificates shall be

HB4844 Engrossed - 1626 - LRB103 39009 AMC 69146 b
1		deposited in the Common School Fund in the State treasury
2		Treasury.
3		(b) Of the money collected for each certificate of title,
4		duplicate certificate of title, and corrected certificate of
5		title:
6		(1) $2.60 shall be deposited in the Park and
7		Conservation Fund;
8		(2) $0.65 shall be deposited in the Illinois Fisheries
9		Management Fund;
10		(3) $48 shall be disbursed under subsection (g) of
11		this Section;
12		(4) $4 shall be deposited into the Motor Vehicle
13		License Plate Fund;
14		(5) $30 shall be deposited into the Capital Projects
15		Fund; and
16		(6) $10 shall be deposited into the Secretary of State
17		Special Services Fund.
18		All remaining moneys collected for certificates of title,
19		and all moneys collected for filing of security interests,
20		shall be deposited in the General Revenue Fund.
21		The $20 collected for each delinquent vehicle registration
22		renewal fee shall be deposited into the General Revenue Fund.
23		The moneys deposited in the Park and Conservation Fund
24		under this Section shall be used for the acquisition and
25		development of bike paths as provided for in Section 805-420
26		of the Department of Natural Resources (Conservation) Law of

HB4844 Engrossed - 1627 - LRB103 39009 AMC 69146 b
1		the Civil Administrative Code of Illinois. The moneys
2		deposited into the Park and Conservation Fund under this
3		subsection shall not be subject to administrative charges or
4		chargebacks, unless otherwise authorized by this Code.
5		If the balance in the Motor Vehicle License Plate Fund
6		exceeds $40,000,000 on the last day of a calendar month, then
7		during the next calendar month, the $4 that otherwise would be
8		deposited in that fund shall instead be deposited into the
9		Road Fund.
10		(c) All moneys collected for that portion of a driver's
11		license fee designated for driver education under Section
12		6-118 shall be placed in the Drivers Education Fund in the
13		State treasury Treasury.
14		(d) Of the moneys collected as a registration fee for each
15		motorcycle, motor driven cycle, and moped, 27% shall be
16		deposited in the Cycle Rider Safety Training Fund.
17		(e) (Blank).
18		(f) Of the total money collected for a commercial
19		learner's permit (CLP) or original or renewal issuance of a
20		commercial driver's license (CDL) pursuant to the Uniform
21		Commercial Driver's License Act (UCDLA): (i) $6 of the total
22		fee for an original or renewal CDL, and $6 of the total CLP fee
23		when such permit is issued to any person holding a valid
24		Illinois driver's license, shall be paid into the
25		CDLIS/AAMVAnet/NMVTIS Trust Fund (Commercial Driver's License
26		Information System/American Association of Motor Vehicle

HB4844 Engrossed - 1628 - LRB103 39009 AMC 69146 b
1		Administrators network/National Motor Vehicle Title
2		Information Service Trust Fund) and shall be used for the
3		purposes provided in Section 6z-23 of the State Finance Act
4		and (ii) $20 of the total fee for an original or renewal CDL or
5		CLP shall be paid into the Motor Carrier Safety Inspection
6		Fund, which is hereby created as a special fund in the State
7		treasury Treasury, to be used by the Illinois State Police,
8		subject to appropriation, to hire additional officers to
9		conduct motor carrier safety inspections pursuant to Chapter
10		18b of this Code.
11		(g) Of the moneys received by the Secretary of State as
12		registration fees or taxes, certificates of title, duplicate
13		certificates of title, corrected certificates of title, or as
14		payment of any other fee under this Code, when those moneys are
15		not otherwise distributed by this Code, 37% shall be deposited
16		into the State Construction Account Fund, and 63% shall be
17		deposited in the Road Fund. Moneys in the Road Fund shall be
18		used for the purposes provided in Section 8.3 of the State
19		Finance Act.
20		(h) (Blank).
21		(i) (Blank).
22		(j) (Blank).
23		(k) There is created in the State treasury Treasury a
24		special fund to be known as the Secretary of State Special
25		License Plate Fund. Money deposited into the Fund shall,
26		subject to appropriation, be used by the Office of the

HB4844 Engrossed - 1629 - LRB103 39009 AMC 69146 b
1		Secretary of State (i) to help defray plate manufacturing and
2		plate processing costs for the issuance and, when applicable,
3		renewal of any new or existing registration plates authorized
4		under this Code and (ii) for grants made by the Secretary of
5		State to benefit Illinois Veterans Home libraries.
6		(l) The Motor Vehicle Review Board Fund is created as a
7		special fund in the State treasury Treasury. Moneys deposited
8		into the Fund under paragraph (7) of subsection (b) of Section
9		5-101 and Section 5-109 shall, subject to appropriation, be
10		used by the Office of the Secretary of State to administer the
11		Motor Vehicle Review Board, including, without limitation,
12		payment of compensation and all necessary expenses incurred in
13		administering the Motor Vehicle Review Board under the Motor
14		Vehicle Franchise Act.
15		(m) Effective July 1, 1996, there is created in the State
16		treasury Treasury a special fund to be known as the Family
17		Responsibility Fund. Moneys deposited into the Fund shall,
18		subject to appropriation, be used by the Office of the
19		Secretary of State for the purpose of enforcing the Illinois
20		Safety and Family Financial Responsibility Law.
21		(n) The Illinois Fire Fighters' Memorial Fund is created
22		as a special fund in the State treasury Treasury. Moneys
23		deposited into the Fund shall, subject to appropriation, be
24		used by the Office of the State Fire Marshal for construction
25		of the Illinois Fire Fighters' Memorial to be located at the
26		State Capitol grounds in Springfield, Illinois. Upon the

HB4844 Engrossed - 1630 - LRB103 39009 AMC 69146 b
1		completion of the Memorial, moneys in the Fund shall be used in
2		accordance with Section 3-634.
3		(o) Of the money collected for each certificate of title
4		for all-terrain vehicles and off-highway motorcycles, $17
5		shall be deposited into the Off-Highway Vehicle Trails Fund.
6		(p) For audits conducted on or after July 1, 2003 pursuant
7		to Section 2-124(d) of this Code, 50% of the money collected as
8		audit fees shall be deposited into the General Revenue Fund.
9		(q) Beginning July 1, 2023, the additional fees imposed by
10		Public Act 103-8 this amendatory Act of the 103rd General
11		Assembly in Sections 2-123, 3-821, and 6-118 shall be
12		deposited into the Secretary of State Special Services Fund.
13		(Source: P.A. 102-538, eff. 8-20-21; 103-8, eff. 7-1-23;
14		revised 9-25-23.)
15		(625 ILCS 5/3-699.14)
16		Sec. 3-699.14. Universal special license plates.
17		(a) In addition to any other special license plate, the
18		Secretary, upon receipt of all applicable fees and
19		applications made in the form prescribed by the Secretary, may
20		issue Universal special license plates to residents of
21		Illinois on behalf of organizations that have been authorized
22		by the General Assembly to issue decals for Universal special
23		license plates. Appropriate documentation, as determined by
24		the Secretary, shall accompany each application. Authorized
25		organizations shall be designated by amendment to this

HB4844 Engrossed - 1631 - LRB103 39009 AMC 69146 b
1		Section. When applying for a Universal special license plate
2		the applicant shall inform the Secretary of the name of the
3		authorized organization from which the applicant will obtain a
4		decal to place on the plate. The Secretary shall make a record
5		of that organization and that organization shall remain
6		affiliated with that plate until the plate is surrendered,
7		revoked, or otherwise cancelled. The authorized organization
8		may charge a fee to offset the cost of producing and
9		distributing the decal, but that fee shall be retained by the
10		authorized organization and shall be separate and distinct
11		from any registration fees charged by the Secretary. No decal,
12		sticker, or other material may be affixed to a Universal
13		special license plate other than a decal authorized by the
14		General Assembly in this Section or a registration renewal
15		sticker. The special plates issued under this Section shall be
16		affixed only to passenger vehicles of the first division,
17		including motorcycles and autocycles, or motor vehicles of the
18		second division weighing not more than 8,000 pounds. Plates
19		issued under this Section shall expire according to the
20		multi-year procedure under Section 3-414.1 of this Code.
21		(b) The design, color, and format of the Universal special
22		license plate shall be wholly within the discretion of the
23		Secretary. Universal special license plates are not required
24		to designate "Land of Lincoln", as prescribed in subsection
25		(b) of Section 3-412 of this Code. The design shall allow for
26		the application of a decal to the plate. Organizations

HB4844 Engrossed - 1632 - LRB103 39009 AMC 69146 b
1		authorized by the General Assembly to issue decals for
2		Universal special license plates shall comply with rules
3		adopted by the Secretary governing the requirements for and
4		approval of Universal special license plate decals. The
5		Secretary may, in his or her discretion, allow Universal
6		special license plates to be issued as vanity or personalized
7		plates in accordance with Section 3-405.1 of this Code. The
8		Secretary of State must make a version of the special
9		registration plates authorized under this Section in a form
10		appropriate for motorcycles and autocycles.
11		(c) When authorizing a Universal special license plate,
12		the General Assembly shall set forth whether an additional fee
13		is to be charged for the plate and, if a fee is to be charged,
14		the amount of the fee and how the fee is to be distributed.
15		When necessary, the authorizing language shall create a
16		special fund in the State treasury into which fees may be
17		deposited for an authorized Universal special license plate.
18		Additional fees may only be charged if the fee is to be paid
19		over to a State agency or to a charitable entity that is in
20		compliance with the registration and reporting requirements of
21		the Charitable Trust Act and the Solicitation for Charity Act.
22		Any charitable entity receiving fees for the sale of Universal
23		special license plates shall annually provide the Secretary of
24		State a letter of compliance issued by the Attorney General
25		verifying that the entity is in compliance with the Charitable
26		Trust Act and the Solicitation for Charity Act.

HB4844 Engrossed - 1633 - LRB103 39009 AMC 69146 b
1		(d) Upon original issuance and for each registration
2		renewal period, in addition to the appropriate registration
3		fee, if applicable, the Secretary shall collect any additional
4		fees, if required, for issuance of Universal special license
5		plates. The fees shall be collected on behalf of the
6		organization designated by the applicant when applying for the
7		plate. All fees collected shall be transferred to the State
8		agency on whose behalf the fees were collected, or paid into
9		the special fund designated in the law authorizing the
10		organization to issue decals for Universal special license
11		plates. All money in the designated fund shall be distributed
12		by the Secretary subject to appropriation by the General
13		Assembly.
14		(e) The following organizations may issue decals for
15		Universal special license plates with the original and renewal
16		fees and fee distribution as follows:
17		(1) The Illinois Department of Natural Resources.
18		(A) Original issuance: $25; with $10 to the
19		Roadside Monarch Habitat Fund and $15 to the Secretary
20		of State Special License Plate Fund.
21		(B) Renewal: $25; with $23 to the Roadside Monarch
22		Habitat Fund and $2 to the Secretary of State Special
23		License Plate Fund.
24		(2) Illinois Veterans' Homes.
25		(A) Original issuance: $26, which shall be
26		deposited into the Illinois Veterans' Homes Fund.

HB4844 Engrossed - 1634 - LRB103 39009 AMC 69146 b
1		(B) Renewal: $26, which shall be deposited into
2		the Illinois Veterans' Homes Fund.
3		(3) The Illinois Department of Human Services for
4		volunteerism decals.
5		(A) Original issuance: $25, which shall be
6		deposited into the Secretary of State Special License
7		Plate Fund.
8		(B) Renewal: $25, which shall be deposited into
9		the Secretary of State Special License Plate Fund.
10		(4) The Illinois Department of Public Health.
11		(A) Original issuance: $25; with $10 to the
12		Prostate Cancer Awareness Fund and $15 to the
13		Secretary of State Special License Plate Fund.
14		(B) Renewal: $25; with $23 to the Prostate Cancer
15		Awareness Fund and $2 to the Secretary of State
16		Special License Plate Fund.
17		(5) Horsemen's Council of Illinois.
18		(A) Original issuance: $25; with $10 to the
19		Horsemen's Council of Illinois Fund and $15 to the
20		Secretary of State Special License Plate Fund.
21		(B) Renewal: $25; with $23 to the Horsemen's
22		Council of Illinois Fund and $2 to the Secretary of
23		State Special License Plate Fund.
24		(6) K9s for Veterans, NFP.
25		(A) Original issuance: $25; with $10 to the
26		Post-Traumatic Stress Disorder Awareness Fund and $15

HB4844 Engrossed - 1635 - LRB103 39009 AMC 69146 b
1		to the Secretary of State Special License Plate Fund.
2		(B) Renewal: $25; with $23 to the Post-Traumatic
3		Stress Disorder Awareness Fund and $2 to the Secretary
4		of State Special License Plate Fund.
5		(7) The International Association of Machinists and
6		Aerospace Workers.
7		(A) Original issuance: $35; with $20 to the Guide
8		Dogs of America Fund and $15 to the Secretary of State
9		Special License Plate Fund.
10		(B) Renewal: $25; with $23 going to the Guide Dogs
11		of America Fund and $2 to the Secretary of State
12		Special License Plate Fund.
13		(8) Local Lodge 701 of the International Association
14		of Machinists and Aerospace Workers.
15		(A) Original issuance: $35; with $10 to the Guide
16		Dogs of America Fund, $10 to the Mechanics Training
17		Fund, and $15 to the Secretary of State Special
18		License Plate Fund.
19		(B) Renewal: $30; with $13 to the Guide Dogs of
20		America Fund, $15 to the Mechanics Training Fund, and
21		$2 to the Secretary of State Special License Plate
22		Fund.
23		(9) Illinois Department of Human Services.
24		(A) Original issuance: $25; with $10 to the
25		Theresa Tracy Trot - Illinois CancerCare Foundation
26		Fund and $15 to the Secretary of State Special License

HB4844 Engrossed - 1636 - LRB103 39009 AMC 69146 b
1		Plate Fund.
2		(B) Renewal: $25; with $23 to the Theresa Tracy
3		Trot - Illinois CancerCare Foundation Fund and $2 to
4		the Secretary of State Special License Plate Fund.
5		(10) The Illinois Department of Human Services for
6		developmental disabilities awareness decals.
7		(A) Original issuance: $25; with $10 to the
8		Developmental Disabilities Awareness Fund and $15 to
9		the Secretary of State Special License Plate Fund.
10		(B) Renewal: $25; with $23 to the Developmental
11		Disabilities Awareness Fund and $2 to the Secretary of
12		State Special License Plate Fund.
13		(11) The Illinois Department of Human Services for
14		pediatric cancer awareness decals.
15		(A) Original issuance: $25; with $10 to the
16		Pediatric Cancer Awareness Fund and $15 to the
17		Secretary of State Special License Plate Fund.
18		(B) Renewal: $25; with $23 to the Pediatric Cancer
19		Awareness Fund and $2 to the Secretary of State
20		Special License Plate Fund.
21		(12) The Department of Veterans' Affairs for Fold of
22		Honor decals.
23		(A) Original issuance: $25; with $10 to the Folds
24		of Honor Foundation Fund and $15 to the Secretary of
25		State Special License Plate Fund.
26		(B) Renewal: $25; with $23 to the Folds of Honor

HB4844 Engrossed - 1637 - LRB103 39009 AMC 69146 b
1		Foundation Fund and $2 to the Secretary of State
2		Special License Plate Fund.
3		(13) The Illinois chapters of the Experimental
4		Aircraft Association for aviation enthusiast decals.
5		(A) Original issuance: $25; with $10 to the
6		Experimental Aircraft Association Fund and $15 to the
7		Secretary of State Special License Plate Fund.
8		(B) Renewal: $25; with $23 to the Experimental
9		Aircraft Association Fund and $2 to the Secretary of
10		State Special License Plate Fund.
11		(14) The Illinois Department of Human Services for
12		Child Abuse Council of the Quad Cities decals.
13		(A) Original issuance: $25; with $10 to the Child
14		Abuse Council of the Quad Cities Fund and $15 to the
15		Secretary of State Special License Plate Fund.
16		(B) Renewal: $25; with $23 to the Child Abuse
17		Council of the Quad Cities Fund and $2 to the Secretary
18		of State Special License Plate Fund.
19		(15) The Illinois Department of Public Health for
20		health care worker decals.
21		(A) Original issuance: $25; with $10 to the
22		Illinois Health Care Workers Benefit Fund, and $15 to
23		the Secretary of State Special License Plate Fund.
24		(B) Renewal: $25; with $23 to the Illinois Health
25		Care Workers Benefit Fund and $2 to the Secretary of
26		State Special License Plate Fund.

HB4844 Engrossed - 1638 - LRB103 39009 AMC 69146 b
1		(16) The Department of Agriculture for Future Farmers
2		of America decals.
3		(A) Original issuance: $25; with $10 to the Future
4		Farmers of America Fund and $15 to the Secretary of
5		State Special License Plate Fund.
6		(B) Renewal: $25; with $23 to the Future Farmers
7		of America Fund and $2 to the Secretary of State
8		Special License Plate Fund.
9		(17) The Illinois Department of Public Health for
10		autism awareness decals that are designed with input from
11		autism advocacy organizations.
12		(A) Original issuance: $25; with $10 to the Autism
13		Awareness Fund and $15 to the Secretary of State
14		Special License Plate Fund.
15		(B) Renewal: $25; with $23 to the Autism Awareness
16		Fund and $2 to the Secretary of State Special License
17		Plate Fund.
18		(18) (17) The Department of Natural Resources for Lyme
19		disease research decals.
20		(A) Original issuance: $25; with $10 to the Tick
21		Research, Education, and Evaluation Fund and $15 to
22		the Secretary of State Special License Plate Fund.
23		(B) Renewal: $25; with $23 to the Tick Research,
24		Education, and Evaluation Fund and $2 to the Secretary
25		of State Special License Plate Fund.
26		(19) (17) The IBEW Thank a Line Worker decal.

HB4844 Engrossed - 1639 - LRB103 39009 AMC 69146 b
1		(A) Original issuance: $15, which shall be
2		deposited into the Secretary of State Special License
3		Plate Fund.
4		(B) Renewal: $2, which shall be deposited into the
5		Secretary of State Special License Plate Fund.
6		(f) The following funds are created as special funds in
7		the State treasury:
8		(1) The Roadside Monarch Habitat Fund. All money in
9		the Roadside Monarch Habitat Fund shall be paid as grants
10		to the Illinois Department of Natural Resources to fund
11		roadside monarch and other pollinator habitat development,
12		enhancement, and restoration projects in this State.
13		(2) The Prostate Cancer Awareness Fund. All money in
14		the Prostate Cancer Awareness Fund shall be paid as grants
15		to the Prostate Cancer Foundation of Chicago.
16		(3) The Horsemen's Council of Illinois Fund. All money
17		in the Horsemen's Council of Illinois Fund shall be paid
18		as grants to the Horsemen's Council of Illinois.
19		(4) The Post-Traumatic Stress Disorder Awareness Fund.
20		All money in the Post-Traumatic Stress Disorder Awareness
21		Fund shall be paid as grants to K9s for Veterans, NFP for
22		support, education, and awareness of veterans with
23		post-traumatic stress disorder.
24		(5) The Guide Dogs of America Fund. All money in the
25		Guide Dogs of America Fund shall be paid as grants to the
26		International Guiding Eyes, Inc., doing business as Guide

HB4844 Engrossed - 1640 - LRB103 39009 AMC 69146 b
1		Dogs of America.
2		(6) The Mechanics Training Fund. All money in the
3		Mechanics Training Fund shall be paid as grants to the
4		Mechanics Local 701 Training Fund.
5		(7) The Theresa Tracy Trot - Illinois CancerCare
6		Foundation Fund. All money in the Theresa Tracy Trot -
7		Illinois CancerCare Foundation Fund shall be paid to the
8		Illinois CancerCare Foundation for the purpose of
9		furthering pancreatic cancer research.
10		(8) The Developmental Disabilities Awareness Fund. All
11		money in the Developmental Disabilities Awareness Fund
12		shall be paid as grants to the Illinois Department of
13		Human Services to fund legal aid groups to assist with
14		guardianship fees for private citizens willing to become
15		guardians for individuals with developmental disabilities
16		but who are unable to pay the legal fees associated with
17		becoming a guardian.
18		(9) The Pediatric Cancer Awareness Fund. All money in
19		the Pediatric Cancer Awareness Fund shall be paid as
20		grants to the Cancer Center at Illinois for pediatric
21		cancer treatment and research.
22		(10) The Folds of Honor Foundation Fund. All money in
23		the Folds of Honor Foundation Fund shall be paid as grants
24		to the Folds of Honor Foundation to aid in providing
25		educational scholarships to military families.
26		(11) The Experimental Aircraft Association Fund. All

HB4844 Engrossed - 1641 - LRB103 39009 AMC 69146 b
1		money in the Experimental Aircraft Association Fund shall
2		be paid, subject to appropriation by the General Assembly
3		and distribution by the Secretary, as grants to promote
4		recreational aviation.
5		(12) The Child Abuse Council of the Quad Cities Fund.
6		All money in the Child Abuse Council of the Quad Cities
7		Fund shall be paid as grants to benefit the Child Abuse
8		Council of the Quad Cities.
9		(13) The Illinois Health Care Workers Benefit Fund.
10		All money in the Illinois Health Care Workers Benefit Fund
11		shall be paid as grants to the Trinity Health Foundation
12		for the benefit of health care workers, doctors, nurses,
13		and others who work in the health care industry in this
14		State.
15		(14) The Future Farmers of America Fund. All money in
16		the Future Farmers of America Fund shall be paid as grants
17		to the Illinois Association of Future Farmers of America.
18		(15) The Tick Research, Education, and Evaluation
19		Fund. All money in the Tick Research, Education, and
20		Evaluation Fund shall be paid as grants to the Illinois
21		Lyme Association.
22		(Source: P.A. 102-383, eff. 1-1-22; 102-422, eff. 8-20-21;
23		102-423, eff. 8-20-21; 102-515, eff. 1-1-22; 102-558, eff.
24		8-20-21; 102-809, eff. 1-1-23; 102-813, eff. 5-13-22; 103-112,
25		eff. 1-1-24; 103-163, eff. 1-1-24; 103-349, eff. 1-1-24;
26		revised 12-15-23.)

HB4844 Engrossed - 1642 - LRB103 39009 AMC 69146 b
1		(625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
2		Sec. 6-103. What persons shall not be licensed as drivers
3		or granted permits. The Secretary of State shall not issue,
4		renew, or allow the retention of any driver's license nor
5		issue any permit under this Code:
6		1. To any person, as a driver, who is under the age of
7		18 years except as provided in Section 6-107, and except
8		that an instruction permit may be issued under Section
9		6-107.1 to a child who is not less than 15 years of age if
10		the child is enrolled in an approved driver education
11		course as defined in Section 1-103 of this Code and
12		requires an instruction permit to participate therein,
13		except that an instruction permit may be issued under the
14		provisions of Section 6-107.1 to a child who is 17 years
15		and 3 months of age without the child having enrolled in an
16		approved driver education course and except that an
17		instruction permit may be issued to a child who is at least
18		15 years and 3 months of age, is enrolled in school, meets
19		the educational requirements of the Driver Education Act,
20		and has passed examinations the Secretary of State in his
21		or her discretion may prescribe;
22		1.5. To any person at least 18 years of age but less
23		than 21 years of age unless the person has, in addition to
24		any other requirements of this Code, successfully
25		completed an adult driver education course as provided in

HB4844 Engrossed - 1643 - LRB103 39009 AMC 69146 b
1		Section 6-107.5 of this Code;
2		2. To any person who is under the age of 18 as an
3		operator of a motorcycle other than a motor driven cycle
4		unless the person has, in addition to meeting the
5		provisions of Section 6-107 of this Code, successfully
6		completed a motorcycle training course approved by the
7		Illinois Department of Transportation;
8		3. To any person, as a driver, whose driver's license
9		or permit has been suspended, during the suspension, nor
10		to any person whose driver's license or permit has been
11		revoked, except as provided in Sections 6-205, 6-206, and
12		6-208;
13		4. To any person, as a driver, who is a user of alcohol
14		or any other drug to a degree that renders the person
15		incapable of safely driving a motor vehicle;
16		5. To any person, as a driver, who has previously been
17		adjudged to be afflicted with or suffering from any mental
18		or physical disability or disease and who has not at the
19		time of application been restored to competency by the
20		methods provided by law;
21		6. To any person, as a driver, who is required by the
22		Secretary of State to submit an alcohol and drug
23		evaluation or take an examination provided for in this
24		Code unless the person has successfully passed the
25		examination and submitted any required evaluation;
26		7. To any person who is required under the provisions

HB4844 Engrossed - 1644 - LRB103 39009 AMC 69146 b
1		of the laws of this State to deposit security or proof of
2		financial responsibility and who has not deposited the
3		security or proof;
4		8. To any person when the Secretary of State has good
5		cause to believe that the person by reason of physical or
6		mental disability would not be able to safely operate a
7		motor vehicle upon the highways, unless the person shall
8		furnish to the Secretary of State a verified written
9		statement, acceptable to the Secretary of State, from a
10		competent medical specialist, a licensed physician
11		assistant, or a licensed advanced practice registered
12		nurse, to the effect that the operation of a motor vehicle
13		by the person would not be inimical to the public safety;
14		9. To any person, as a driver, who is 69 years of age
15		or older, unless the person has successfully complied with
16		the provisions of Section 6-109;
17		10. To any person convicted, within 12 months of
18		application for a license, of any of the sexual offenses
19		enumerated in paragraph 2 of subsection (b) of Section
20		6-205;
21		11. To any person who is under the age of 21 years with
22		a classification prohibited in paragraph (b) of Section
23		6-104 and to any person who is under the age of 18 years
24		with a classification prohibited in paragraph (c) of
25		Section 6-104;
26		12. To any person who has been either convicted of or

HB4844 Engrossed - 1645 - LRB103 39009 AMC 69146 b
1		adjudicated under the Juvenile Court Act of 1987 based
2		upon a violation of the Cannabis Control Act, the Illinois
3		Controlled Substances Act, or the Methamphetamine Control
4		and Community Protection Act while that person was in
5		actual physical control of a motor vehicle. For purposes
6		of this Section, any person placed on probation under
7		Section 10 of the Cannabis Control Act, Section 410 of the
8		Illinois Controlled Substances Act, or Section 70 of the
9		Methamphetamine Control and Community Protection Act shall
10		not be considered convicted. Any person found guilty of
11		this offense, while in actual physical control of a motor
12		vehicle, shall have an entry made in the court record by
13		the judge that this offense did occur while the person was
14		in actual physical control of a motor vehicle and order
15		the clerk of the court to report the violation to the
16		Secretary of State as such. The Secretary of State shall
17		not issue a new license or permit for a period of one year;
18		13. To any person who is under the age of 18 years and
19		who has committed the offense of operating a motor vehicle
20		without a valid license or permit in violation of Section
21		6-101 or a similar out-of-state out of state offense;
22		14. To any person who is 90 days or more delinquent in
23		court ordered child support payments or has been
24		adjudicated in arrears in an amount equal to 90 days'
25		obligation or more and who has been found in contempt of
26		court for failure to pay the support, subject to the

HB4844 Engrossed - 1646 - LRB103 39009 AMC 69146 b
1		requirements and procedures of Article VII of Chapter 7 of
2		the Illinois Vehicle Code;
3		14.5. To any person certified by the Illinois
4		Department of Healthcare and Family Services as being 90
5		days or more delinquent in payment of support under an
6		order of support entered by a court or administrative body
7		of this or any other State, subject to the requirements
8		and procedures of Article VII of Chapter 7 of this Code
9		regarding those certifications;
10		15. To any person released from a term of imprisonment
11		for violating Section 9-3 of the Criminal Code of 1961 or
12		the Criminal Code of 2012, or a similar provision of a law
13		of another state relating to reckless homicide or for
14		violating subparagraph (F) of paragraph (1) of subsection
15		(d) of Section 11-501 of this Code relating to aggravated
16		driving under the influence of alcohol, other drug or
17		drugs, intoxicating compound or compounds, or any
18		combination thereof, if the violation was the proximate
19		cause of a death, within 24 months of release from a term
20		of imprisonment;
21		16. To any person who, with intent to influence any
22		act related to the issuance of any driver's license or
23		permit, by an employee of the Secretary of State's Office,
24		or the owner or employee of any commercial driver training
25		school licensed by the Secretary of State, or any other
26		individual authorized by the laws of this State to give

HB4844 Engrossed - 1647 - LRB103 39009 AMC 69146 b
1		driving instructions or administer all or part of a
2		driver's license examination, promises or tenders to that
3		person any property or personal advantage which that
4		person is not authorized by law to accept. Any persons
5		promising or tendering such property or personal advantage
6		shall be disqualified from holding any class of driver's
7		license or permit for 120 consecutive days. The Secretary
8		of State shall establish by rule the procedures for
9		implementing this period of disqualification and the
10		procedures by which persons so disqualified may obtain
11		administrative review of the decision to disqualify;
12		17. To any person for whom the Secretary of State
13		cannot verify the accuracy of any information or
14		documentation submitted in application for a driver's
15		license;
16		18. To any person who has been adjudicated under the
17		Juvenile Court Act of 1987 based upon an offense that is
18		determined by the court to have been committed in
19		furtherance of the criminal activities of an organized
20		gang, as provided in Section 5-710 of that Act, and that
21		involved the operation or use of a motor vehicle or the use
22		of a driver's license or permit. The person shall be
23		denied a license or permit for the period determined by
24		the court; or
25		19. To any person who holds a REAL ID compliant
26		identification card or REAL ID compliant Person with a

HB4844 Engrossed - 1648 - LRB103 39009 AMC 69146 b
1		Disability Identification Card issued under the Illinois
2		Identification Card Act. Any such person may, at his or
3		her discretion, surrender the REAL ID compliant
4		identification card or REAL ID compliant Person with a
5		Disability Identification Card in order to become eligible
6		to obtain a REAL ID compliant driver's license.
7		The Secretary of State shall retain all conviction
8		information, if the information is required to be held
9		confidential under the Juvenile Court Act of 1987.
10		(Source: P.A. 103-162, eff. 1-1-24; revised 1-2-24.)
11		(625 ILCS 5/6-106.1)
12		Sec. 6-106.1. School bus driver permit.
13		(a) The Secretary of State shall issue a school bus driver
14		permit for the operation of first or second division vehicles
15		being operated as school buses or a permit valid only for the
16		operation of first division vehicles being operated as school
17		buses to those applicants who have met all the requirements of
18		the application and screening process under this Section to
19		insure the welfare and safety of children who are transported
20		on school buses throughout the State of Illinois. Applicants
21		shall obtain the proper application required by the Secretary
22		of State from their prospective or current employer and submit
23		the completed application to the prospective or current
24		employer along with the necessary fingerprint submission as
25		required by the Illinois State Police to conduct

HB4844 Engrossed - 1649 - LRB103 39009 AMC 69146 b
1		fingerprint-based fingerprint based criminal background checks
2		on current and future information available in the State state
3		system and current information available through the Federal
4		Bureau of Investigation's system. Applicants who have
5		completed the fingerprinting requirements shall not be
6		subjected to the fingerprinting process when applying for
7		subsequent permits or submitting proof of successful
8		completion of the annual refresher course. Individuals who on
9		July 1, 1995 (the effective date of Public Act 88-612) possess
10		a valid school bus driver permit that has been previously
11		issued by the appropriate Regional School Superintendent are
12		not subject to the fingerprinting provisions of this Section
13		as long as the permit remains valid and does not lapse. The
14		applicant shall be required to pay all related application and
15		fingerprinting fees as established by rule, including, but not
16		limited to, the amounts established by the Illinois State
17		Police and the Federal Bureau of Investigation to process
18		fingerprint-based fingerprint based criminal background
19		investigations. All fees paid for fingerprint processing
20		services under this Section shall be deposited into the State
21		Police Services Fund for the cost incurred in processing the
22		fingerprint-based fingerprint based criminal background
23		investigations. All other fees paid under this Section shall
24		be deposited into the Road Fund for the purpose of defraying
25		the costs of the Secretary of State in administering this
26		Section. All applicants must:

HB4844 Engrossed - 1650 - LRB103 39009 AMC 69146 b
1		1. be 21 years of age or older;
2		2. possess a valid and properly classified driver's
3		license issued by the Secretary of State;
4		3. possess a valid driver's license, which has not
5		been revoked, suspended, or canceled for 3 years
6		immediately prior to the date of application, or have not
7		had his or her commercial motor vehicle driving privileges
8		disqualified within the 3 years immediately prior to the
9		date of application;
10		4. successfully pass a first division or second
11		division written test, administered by the Secretary of
12		State, on school bus operation, school bus safety, and
13		special traffic laws relating to school buses and submit
14		to a review of the applicant's driving habits by the
15		Secretary of State at the time the written test is given;
16		5. demonstrate ability to exercise reasonable care in
17		the operation of school buses in accordance with rules
18		promulgated by the Secretary of State;
19		6. demonstrate physical fitness to operate school
20		buses by submitting the results of a medical examination,
21		including tests for drug use for each applicant not
22		subject to such testing pursuant to federal law, conducted
23		by a licensed physician, a licensed advanced practice
24		registered nurse, or a licensed physician assistant within
25		90 days of the date of application according to standards
26		promulgated by the Secretary of State;

HB4844 Engrossed - 1651 - LRB103 39009 AMC 69146 b
1		7. affirm under penalties of perjury that he or she
2		has not made a false statement or knowingly concealed a
3		material fact in any application for permit;
4		8. have completed an initial classroom course,
5		including first aid procedures, in school bus driver
6		safety as promulgated by the Secretary of State; and,
7		after satisfactory completion of said initial course, an
8		annual refresher course; such courses and the agency or
9		organization conducting such courses shall be approved by
10		the Secretary of State; failure to complete the annual
11		refresher course, shall result in cancellation of the
12		permit until such course is completed;
13		9. not have been under an order of court supervision
14		for or convicted of 2 or more serious traffic offenses, as
15		defined by rule, within one year prior to the date of
16		application that may endanger the life or safety of any of
17		the driver's passengers within the duration of the permit
18		period;
19		10. not have been under an order of court supervision
20		for or convicted of reckless driving, aggravated reckless
21		driving, driving while under the influence of alcohol,
22		other drug or drugs, intoxicating compound or compounds or
23		any combination thereof, or reckless homicide resulting
24		from the operation of a motor vehicle within 3 years of the
25		date of application;
26		11. not have been convicted of committing or

HB4844 Engrossed - 1652 - LRB103 39009 AMC 69146 b
1		attempting to commit any one or more of the following
2		offenses: (i) those offenses defined in Sections 8-1,
3		8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1,
4		10-2, 10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9,
5		11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5,
6		11-6.6, 11-9, 11-9.1, 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1,
7		11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16,
8		11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
9		11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-22, 11-23,
10		11-24, 11-25, 11-26, 11-30, 12-2.6, 12-3.05, 12-3.1,
11		12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
12		12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.3, 12-6, 12-6.2,
13		12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14,
14		12-14.1, 12-15, 12-16, 12-21.5, 12-21.6, 12-33, 12C-5,
15		12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1, 18-1,
16		18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2,
17		20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6,
18		24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1.1,
19		33A-2, and 33D-1, in subsection (A), clauses (a) and (b),
20		of Section 24-3, and those offenses contained in Article
21		29D of the Criminal Code of 1961 or the Criminal Code of
22		2012; (ii) those offenses defined in the Cannabis Control
23		Act except those offenses defined in subsections (a) and
24		(b) of Section 4, and subsection (a) of Section 5 of the
25		Cannabis Control Act; (iii) those offenses defined in the
26		Illinois Controlled Substances Act; (iv) those offenses

HB4844 Engrossed - 1653 - LRB103 39009 AMC 69146 b
1		defined in the Methamphetamine Control and Community
2		Protection Act; (v) any offense committed or attempted in
3		any other state or against the laws of the United States,
4		which if committed or attempted in this State would be
5		punishable as one or more of the foregoing offenses; (vi)
6		the offenses defined in Section 4.1 and 5.1 of the Wrongs
7		to Children Act or Section 11-9.1A of the Criminal Code of
8		1961 or the Criminal Code of 2012; (vii) those offenses
9		defined in Section 6-16 of the Liquor Control Act of 1934;
10		and (viii) those offenses defined in the Methamphetamine
11		Precursor Control Act;
12		12. not have been repeatedly involved as a driver in
13		motor vehicle collisions or been repeatedly convicted of
14		offenses against laws and ordinances regulating the
15		movement of traffic, to a degree which indicates lack of
16		ability to exercise ordinary and reasonable care in the
17		safe operation of a motor vehicle or disrespect for the
18		traffic laws and the safety of other persons upon the
19		highway;
20		13. not have, through the unlawful operation of a
21		motor vehicle, caused a crash resulting in the death of
22		any person;
23		14. not have, within the last 5 years, been adjudged
24		to be afflicted with or suffering from any mental
25		disability or disease;
26		15. consent, in writing, to the release of results of

HB4844 Engrossed - 1654 - LRB103 39009 AMC 69146 b
1		reasonable suspicion drug and alcohol testing under
2		Section 6-106.1c of this Code by the employer of the
3		applicant to the Secretary of State; and
4		16. not have been convicted of committing or
5		attempting to commit within the last 20 years: (i) an
6		offense defined in subsection (c) of Section 4, subsection
7		(b) of Section 5, and subsection (a) of Section 8 of the
8		Cannabis Control Act; or (ii) any offenses in any other
9		state or against the laws of the United States that, if
10		committed or attempted in this State, would be punishable
11		as one or more of the foregoing offenses.
12		(a-5) If an applicant's driver's license has been
13		suspended within the 3 years immediately prior to the date of
14		application for the sole reason of failure to pay child
15		support, that suspension shall not bar the applicant from
16		receiving a school bus driver permit.
17		(a-10) (a-5) By January 1, 2024, the Secretary of State,
18		in conjunction with the Illinois State Board of Education,
19		shall develop a separate classroom course and refresher course
20		for operation of vehicles of the first division being operated
21		as school buses. Regional superintendents of schools, working
22		with the Illinois State Board of Education, shall offer the
23		course.
24		(b) A school bus driver permit shall be valid for a period
25		specified by the Secretary of State as set forth by rule. It
26		shall be renewable upon compliance with subsection (a) of this

HB4844 Engrossed - 1655 - LRB103 39009 AMC 69146 b
1		Section.
2		(c) A school bus driver permit shall contain the holder's
3		driver's license number, legal name, residence address, zip
4		code, and date of birth, a brief description of the holder, and
5		a space for signature. The Secretary of State may require a
6		suitable photograph of the holder.
7		(d) The employer shall be responsible for conducting a
8		pre-employment interview with prospective school bus driver
9		candidates, distributing school bus driver applications and
10		medical forms to be completed by the applicant, and submitting
11		the applicant's fingerprint cards to the Illinois State Police
12		that are required for the criminal background investigations.
13		The employer shall certify in writing to the Secretary of
14		State that all pre-employment conditions have been
15		successfully completed including the successful completion of
16		an Illinois specific criminal background investigation through
17		the Illinois State Police and the submission of necessary
18		fingerprints to the Federal Bureau of Investigation for
19		criminal history information available through the Federal
20		Bureau of Investigation system. The applicant shall present
21		the certification to the Secretary of State at the time of
22		submitting the school bus driver permit application.
23		(e) Permits shall initially be provisional upon receiving
24		certification from the employer that all pre-employment
25		conditions have been successfully completed, and upon
26		successful completion of all training and examination

HB4844 Engrossed - 1656 - LRB103 39009 AMC 69146 b
1		requirements for the classification of the vehicle to be
2		operated, the Secretary of State shall provisionally issue a
3		School Bus Driver Permit. The permit shall remain in a
4		provisional status pending the completion of the Federal
5		Bureau of Investigation's criminal background investigation
6		based upon fingerprinting specimens submitted to the Federal
7		Bureau of Investigation by the Illinois State Police. The
8		Federal Bureau of Investigation shall report the findings
9		directly to the Secretary of State. The Secretary of State
10		shall remove the bus driver permit from provisional status
11		upon the applicant's successful completion of the Federal
12		Bureau of Investigation's criminal background investigation.
13		(f) A school bus driver permit holder shall notify the
14		employer and the Secretary of State if he or she is issued an
15		order of court supervision for or convicted in another state
16		of an offense that would make him or her ineligible for a
17		permit under subsection (a) of this Section. The written
18		notification shall be made within 5 days of the entry of the
19		order of court supervision or conviction. Failure of the
20		permit holder to provide the notification is punishable as a
21		petty offense for a first violation and a Class B misdemeanor
22		for a second or subsequent violation.
23		(g) Cancellation; suspension; notice and procedure.
24		(1) The Secretary of State shall cancel a school bus
25		driver permit of an applicant whose criminal background
26		investigation discloses that he or she is not in

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1		compliance with the provisions of subsection (a) of this
2		Section.
3		(2) The Secretary of State shall cancel a school bus
4		driver permit when he or she receives notice that the
5		permit holder fails to comply with any provision of this
6		Section or any rule promulgated for the administration of
7		this Section.
8		(3) The Secretary of State shall cancel a school bus
9		driver permit if the permit holder's restricted commercial
10		or commercial driving privileges are withdrawn or
11		otherwise invalidated.
12		(4) The Secretary of State may not issue a school bus
13		driver permit for a period of 3 years to an applicant who
14		fails to obtain a negative result on a drug test as
15		required in item 6 of subsection (a) of this Section or
16		under federal law.
17		(5) The Secretary of State shall forthwith suspend a
18		school bus driver permit for a period of 3 years upon
19		receiving notice that the holder has failed to obtain a
20		negative result on a drug test as required in item 6 of
21		subsection (a) of this Section or under federal law.
22		(6) The Secretary of State shall suspend a school bus
23		driver permit for a period of 3 years upon receiving
24		notice from the employer that the holder failed to perform
25		the inspection procedure set forth in subsection (a) or
26		(b) of Section 12-816 of this Code.

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1		(7) The Secretary of State shall suspend a school bus
2		driver permit for a period of 3 years upon receiving
3		notice from the employer that the holder refused to submit
4		to an alcohol or drug test as required by Section 6-106.1c
5		or has submitted to a test required by that Section which
6		disclosed an alcohol concentration of more than 0.00 or
7		disclosed a positive result on a National Institute on
8		Drug Abuse five-drug panel, utilizing federal standards
9		set forth in 49 CFR 40.87.
10		The Secretary of State shall notify the State
11		Superintendent of Education and the permit holder's
12		prospective or current employer that the applicant has (1) has
13		failed a criminal background investigation or (2) is no longer
14		eligible for a school bus driver permit; and of the related
15		cancellation of the applicant's provisional school bus driver
16		permit. The cancellation shall remain in effect pending the
17		outcome of a hearing pursuant to Section 2-118 of this Code.
18		The scope of the hearing shall be limited to the issuance
19		criteria contained in subsection (a) of this Section. A
20		petition requesting a hearing shall be submitted to the
21		Secretary of State and shall contain the reason the individual
22		feels he or she is entitled to a school bus driver permit. The
23		permit holder's employer shall notify in writing to the
24		Secretary of State that the employer has certified the removal
25		of the offending school bus driver from service prior to the
26		start of that school bus driver's next work shift workshift.

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1		An employing school board that fails to remove the offending
2		school bus driver from service is subject to the penalties
3		defined in Section 3-14.23 of the School Code. A school bus
4		contractor who violates a provision of this Section is subject
5		to the penalties defined in Section 6-106.11.
6		All valid school bus driver permits issued under this
7		Section prior to January 1, 1995, shall remain effective until
8		their expiration date unless otherwise invalidated.
9		(h) When a school bus driver permit holder who is a service
10		member is called to active duty, the employer of the permit
11		holder shall notify the Secretary of State, within 30 days of
12		notification from the permit holder, that the permit holder
13		has been called to active duty. Upon notification pursuant to
14		this subsection, (i) the Secretary of State shall characterize
15		the permit as inactive until a permit holder renews the permit
16		as provided in subsection (i) of this Section, and (ii) if a
17		permit holder fails to comply with the requirements of this
18		Section while called to active duty, the Secretary of State
19		shall not characterize the permit as invalid.
20		(i) A school bus driver permit holder who is a service
21		member returning from active duty must, within 90 days, renew
22		a permit characterized as inactive pursuant to subsection (h)
23		of this Section by complying with the renewal requirements of
24		subsection (b) of this Section.
25		(j) For purposes of subsections (h) and (i) of this
26		Section:

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1		"Active duty" means active duty pursuant to an executive
2		order of the President of the United States, an act of the
3		Congress of the United States, or an order of the Governor.
4		"Service member" means a member of the Armed Services or
5		reserve forces of the United States or a member of the Illinois
6		National Guard.
7		(k) A private carrier employer of a school bus driver
8		permit holder, having satisfied the employer requirements of
9		this Section, shall be held to a standard of ordinary care for
10		intentional acts committed in the course of employment by the
11		bus driver permit holder. This subsection (k) shall in no way
12		limit the liability of the private carrier employer for
13		violation of any provision of this Section or for the
14		negligent hiring or retention of a school bus driver permit
15		holder.
16		(Source: P.A. 101-458, eff. 1-1-20; 102-168, eff. 7-27-21;
17		102-299, eff. 8-6-21; 102-538, eff. 8-20-21; 102-726, eff.
18		1-1-23; 102-813, eff. 5-13-22; 102-982, eff. 7-1-23; 102-1130,
19		eff. 7-1-23; revised 9-19-23.)
20		(625 ILCS 5/6-118)
21		Sec. 6-118. Fees.
22		(a) The fees for licenses and permits under this Article
23		are as follows:
24		Original driver's license.............................$30
25		Original or renewal driver's license

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1		issued to 18, 19, and 20 year olds................. $5
2		All driver's licenses for persons
3		age 69 through age 80.............................. $5
4		All driver's licenses for persons
5		age 81 through age 86.............................. $2
6		All driver's licenses for persons
7		age 87 or older....................................$0
8		Renewal driver's license (except for
9		applicants ages 18, 19, and 20 or
10		age 69 and older).................................$30
11		Original instruction permit issued to
12		persons (except those age 69 and older)
13		who do not hold or have not previously
14		held an Illinois instruction permit or
15		driver's license.................................. $20
16		Instruction permit issued to any person
17		holding an Illinois driver's license
18		who wishes a change in classifications,
19		other than at the time of renewal.................. $5
20		Any instruction permit issued to a person
21		age 69 and older................................... $5
22		Instruction permit issued to any person,
23		under age 69, not currently holding a
24		valid Illinois driver's license or
25		instruction permit but who has
26		previously been issued either document

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1		in Illinois....................................... $10
2		Restricted driving permit.............................. $8
3		Monitoring device driving permit...................... $8
4		Duplicate or corrected driver's license
5		or permit.......................................... $5
6		Duplicate or corrected restricted
7		driving permit..................................... $5
8		Duplicate or corrected monitoring
9		device driving permit.................................. $5
10		Duplicate driver's license or permit issued to
11		an active-duty member of the
12		United States Armed Forces,
13		the member's spouse, or
14		the dependent children living
15		with the member................................... $0
16		Original or renewal M or L endorsement................. $5
17		SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
18		The fees for commercial driver licenses and permits
19		under Article V shall be as follows:
20		Commercial driver's license:
21		$6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund
22		(Commercial Driver's License Information
23		System/American Association of Motor Vehicle
24		Administrators network/National Motor Vehicle
25		Title Information Service Trust Fund);
26		$20 for the Motor Carrier Safety Inspection Fund;

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1		$10 for the driver's license;
2		and $24 for the CDL:............................. $60
3		Renewal commercial driver's license:
4		$6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund;
5		$20 for the Motor Carrier Safety Inspection Fund;
6		$10 for the driver's license; and
7		$24 for the CDL:................................. $60
8		Commercial learner's permit
9		issued to any person holding a valid
10		Illinois driver's license for the
11		purpose of changing to a
12		CDL classification:
13		$6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund;
14		$20 for the Motor Carrier Safety Inspection Fund; and
15		$24 for the CDL classification................... $50
16		Commercial learner's permit
17		issued to any person holding a valid
18		Illinois CDL for the purpose of
19		making a change in a classification,
20		endorsement or restriction........................ $5
21		CDL duplicate or corrected license.................... $5
22		In order to ensure the proper implementation of the
23		Uniform Commercial Driver License Act, Article V of this
24		Chapter, the Secretary of State is empowered to prorate the
25		$24 fee for the commercial driver's license proportionate to
26		the expiration date of the applicant's Illinois driver's

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1		license.
2		The fee for any duplicate license or permit shall be
3		waived for any person who presents the Secretary of State's
4		office with a police report showing that his license or permit
5		was stolen.
6		The fee for any duplicate license or permit shall be
7		waived for any person age 60 or older whose driver's license or
8		permit has been lost or stolen.
9		No additional fee shall be charged for a driver's license,
10		or for a commercial driver's license, when issued to the
11		holder of an instruction permit for the same classification or
12		type of license who becomes eligible for such license.
13		The fee for a restricted driving permit under this
14		subsection (a) shall be imposed annually until the expiration
15		of the permit.
16		(a-5) The fee for a driver's record or data contained
17		therein is $20 and shall be disbursed as set forth in
18		subsection (k) of Section 2-123 of this Code.
19		(b) Any person whose license or privilege to operate a
20		motor vehicle in this State has been suspended or revoked
21		under Section 3-707, any provision of Chapter 6, Chapter 11,
22		or Section 7-205, 7-303, or 7-702 of the Illinois Safety and
23		Family Financial Responsibility Law of this Code, shall in
24		addition to any other fees required by this Code, pay a
25		reinstatement fee as follows:
26		Suspension under Section 3-707..................... $100

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1		Suspension under Section 11-1431....................$100
2		Summary suspension under Section 11-501.1...........$250
3		Suspension under Section 11-501.9...................$250
4		Summary revocation under Section 11-501.1............$500
5		Other suspension......................................$70
6		Revocation...........................................$500
7		However, any person whose license or privilege to operate
8		a motor vehicle in this State has been suspended or revoked for
9		a second or subsequent time for a violation of Section 11-501,
10		11-501.1, or 11-501.9 of this Code or a similar provision of a
11		local ordinance or a similar out-of-state offense or Section
12		9-3 of the Criminal Code of 1961 or the Criminal Code of 2012
13		and each suspension or revocation was for a violation of
14		Section 11-501, 11-501.1, or 11-501.9 of this Code or a
15		similar provision of a local ordinance or a similar
16		out-of-state offense or Section 9-3 of the Criminal Code of
17		1961 or the Criminal Code of 2012 shall pay, in addition to any
18		other fees required by this Code, a reinstatement fee as
19		follows:
20		Summary suspension under Section 11-501.1............$500
21		Suspension under Section 11-501.9...................$500
22		Summary revocation under Section 11-501.1............$500
23		Revocation...........................................$500
24		(c) All fees collected under the provisions of this
25		Chapter 6 shall be disbursed under subsection (g) of Section
26		2-119 of this Code, except as follows:

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1		1. The following amounts shall be paid into the
2		Drivers Education Fund:
3		(A) $16 of the $20 fee for an original driver's
4		instruction permit;
5		(B) $5 of the $30 fee for an original driver's
6		license;
7		(C) $5 of the $30 fee for a 4 year renewal driver's
8		license;
9		(D) $4 of the $8 fee for a restricted driving
10		permit; and
11		(E) $4 of the $8 fee for a monitoring device
12		driving permit.
13		2. $30 of the $250 fee for reinstatement of a license
14		summarily suspended under Section 11-501.1 or suspended
15		under Section 11-501.9 shall be deposited into the Drunk
16		and Drugged Driving Prevention Fund. However, for a person
17		whose license or privilege to operate a motor vehicle in
18		this State has been suspended or revoked for a second or
19		subsequent time for a violation of Section 11-501,
20		11-501.1, or 11-501.9 of this Code or Section 9-3 of the
21		Criminal Code of 1961 or the Criminal Code of 2012, $190 of
22		the $500 fee for reinstatement of a license summarily
23		suspended under Section 11-501.1 or suspended under
24		Section 11-501.9, and $190 of the $500 fee for
25		reinstatement of a revoked license shall be deposited into
26		the Drunk and Drugged Driving Prevention Fund. $190 of the

HB4844 Engrossed - 1667 - LRB103 39009 AMC 69146 b
1		$500 fee for reinstatement of a license summarily revoked
2		pursuant to Section 11-501.1 shall be deposited into the
3		Drunk and Drugged Driving Prevention Fund.
4		3. $6 of the original or renewal fee for a commercial
5		driver's license and $6 of the commercial learner's permit
6		fee when the permit is issued to any person holding a valid
7		Illinois driver's license, shall be paid into the
8		CDLIS/AAMVAnet/NMVTIS Trust Fund.
9		4. $30 of the $70 fee for reinstatement of a license
10		suspended under the Illinois Safety and Family Financial
11		Responsibility Law shall be paid into the Family
12		Responsibility Fund.
13		5. The $5 fee for each original or renewal M or L
14		endorsement shall be deposited into the Cycle Rider Safety
15		Training Fund.
16		6. $20 of any original or renewal fee for a commercial
17		driver's license or commercial learner's permit shall be
18		paid into the Motor Carrier Safety Inspection Fund.
19		7. The following amounts shall be paid into the
20		General Revenue Fund:
21		(A) $190 of the $250 reinstatement fee for a
22		summary suspension under Section 11-501.1 or a
23		suspension under Section 11-501.9;
24		(B) $40 of the $70 reinstatement fee for any other
25		suspension provided in subsection (b) of this Section;
26		and

HB4844 Engrossed - 1668 - LRB103 39009 AMC 69146 b
1		(C) $440 of the $500 reinstatement fee for a first
2		offense revocation and $310 of the $500 reinstatement
3		fee for a second or subsequent revocation.
4		8. Fees collected under paragraph (4) of subsection
5		(d) and subsection (h) of Section 6-205 of this Code;
6		subparagraph (C) of paragraph 3 of subsection (c) of
7		Section 6-206 of this Code; and paragraph (4) of
8		subsection (a) of Section 6-206.1 of this Code, shall be
9		paid into the funds set forth in those Sections.
10		(d) All of the proceeds of the additional fees imposed by
11		this amendatory Act of the 96th General Assembly shall be
12		deposited into the Capital Projects Fund.
13		(e) The additional fees imposed by this amendatory Act of
14		the 96th General Assembly shall become effective 90 days after
15		becoming law. The additional fees imposed by this amendatory
16		Act of the 103rd General Assembly shall become effective July
17		1, 2023 and shall be paid into the Secretary of State Special
18		Services Fund.
19		(f) As used in this Section, "active-duty member of the
20		United States Armed Forces" means a member of the Armed
21		Services or Reserve Forces of the United States or a member of
22		the Illinois National Guard who is called to active duty
23		pursuant to an executive order of the President of the United
24		States, an act of the Congress of the United States, or an
25		order of the Governor.
26		(Source: P.A. 103-8, eff. 7-1-23; revised 9-26-23.)

HB4844 Engrossed - 1669 - LRB103 39009 AMC 69146 b
1		(625 ILCS 5/6-508.5)
2		Sec. 6-508.5. Drug and alcohol clearinghouse.
3		(a) No driver who has engaged in conduct prohibited by
4		subpart B of 49 CFR 382 shall perform safety-sensitive
5		functions, including driving a commercial motor vehicle,
6		unless the driver has met the return-to-duty return to duty
7		requirements of subpart O of 49 CFR 40 and, if the driver's CDL
8		or CLP was canceled, has had the CDL or CLP reinstated.
9		(b) By applying for a CDL or CLP, a driver is deemed to
10		have consented to the release of information from the drug and
11		alcohol clearinghouse to the Secretary of State.
12		(c) No later than November 18, 2024, the Secretary shall
13		request information from the drug and alcohol clearinghouse
14		for all applicants applying for an initial, renewal, transfer,
15		or upgraded CDL or CLP. If the Secretary receives notification
16		that pursuant to 49 CFR 382.503 the applicant is prohibited
17		from operating a commercial motor vehicle, the Secretary shall
18		not issue, renew, transfer, or upgrade a CDL or CLP.
19		(d) No later than November 18, 2024, the Secretary must,
20		upon receiving notification from the drug and alcohol
21		clearinghouse that a holder of a CDL or CLP is prohibited from
22		operating a commercial motor vehicle, cancel the CDL or CLP.
23		The cancellation must be completed and recorded on the CDLIS
24		driver record within 60 days after the State's receipt of such
25		a notification. Upon notification from the Federal Motor

HB4844 Engrossed - 1670 - LRB103 39009 AMC 69146 b
1		Carrier Safety Administration that a driver has completed the
2		return-to-duty process, the Secretary may reinstate the
3		driver's CDL or CLP privileges.
4		(e) Upon notification from the Federal Motor Carrier
5		Safety Administration that a violation was entered into the
6		drug and alcohol clearinghouse erroneously, the Secretary
7		shall reinstate the driver's CDL or CLP privileges and remove
8		the cancellation from the driving record.
9		(Source: P.A. 103-179, eff. 6-30-23; revised 9-26-23.)
10		(625 ILCS 5/7-315) (from Ch. 95 1/2, par. 7-315)
11		Sec. 7-315. Certificate A certificate of insurance proof.
12		(a) Proof of financial responsibility may be made by
13		filing with the Secretary of State the electronic certificate
14		of any insurance carrier duly authorized to do business in
15		this State, certifying that it has issued to or for the benefit
16		of the person furnishing such proof and named as the insured in
17		a motor vehicle liability policy, a motor vehicle liability
18		policy or policies or in certain events an operator's policy
19		meeting the requirements of this Code and that said policy or
20		policies are then in full force and effect. All electronic
21		certificates must be submitted in a manner satisfactory to the
22		Secretary of State.
23		(b) Such certificate or certificates shall give the dates
24		of issuance and expiration of such policy or policies and
25		certify that the same shall not be canceled unless 15 days'

HB4844 Engrossed - 1671 - LRB103 39009 AMC 69146 b
1		prior electronic notice thereof be given to the Secretary of
2		State and shall explicitly describe all motor vehicles covered
3		thereby unless the policy or policies are issued to a person
4		who is not the owner of a motor vehicle.
5		(c) The Secretary of State shall not accept any
6		certificate or certificates unless the same shall cover all
7		motor vehicles then registered in this State in the name of the
8		person furnishing such proof as owner and an additional
9		certificate or certificates shall be required as a condition
10		precedent to the subsequent registration of any motor vehicle
11		or motor vehicles in the name of the person giving such proof
12		as owner.
13		(Source: P.A. 103-179, eff. 6-30-23; revised 9-26-23.)
14		(625 ILCS 5/11-208.6)
15		Sec. 11-208.6. Automated traffic law enforcement system.
16		(a) As used in this Section, "automated traffic law
17		enforcement system" means a device with one or more motor
18		vehicle sensors working in conjunction with a red light signal
19		to produce recorded images of motor vehicles entering an
20		intersection against a red signal indication in violation of
21		Section 11-306 of this Code or a similar provision of a local
22		ordinance.
23		An automated traffic law enforcement system is a system,
24		in a municipality or county operated by a governmental agency,
25		that produces a recorded image of a motor vehicle's violation

HB4844 Engrossed - 1672 - LRB103 39009 AMC 69146 b
1		of a provision of this Code or a local ordinance and is
2		designed to obtain a clear recorded image of the vehicle and
3		the vehicle's license plate. The recorded image must also
4		display the time, date, and location of the violation.
5		(b) As used in this Section, "recorded images" means
6		images recorded by an automated traffic law enforcement system
7		on:
8		(1) 2 or more photographs;
9		(2) 2 or more microphotographs;
10		(3) 2 or more electronic images; or
11		(4) a video recording showing the motor vehicle and,
12		on at least one image or portion of the recording, clearly
13		identifying the registration plate or digital registration
14		plate number of the motor vehicle.
15		(b-5) A municipality or county that produces a recorded
16		image of a motor vehicle's violation of a provision of this
17		Code or a local ordinance must make the recorded images of a
18		violation accessible to the alleged violator by providing the
19		alleged violator with a website address, accessible through
20		the Internet.
21		(c) Except as provided under Section 11-208.8 of this
22		Code, a county or municipality, including a home rule county
23		or municipality, may not use an automated traffic law
24		enforcement system to provide recorded images of a motor
25		vehicle for the purpose of recording its speed. Except as
26		provided under Section 11-208.8 of this Code, the regulation

HB4844 Engrossed - 1673 - LRB103 39009 AMC 69146 b
1		of the use of automated traffic law enforcement systems to
2		record vehicle speeds is an exclusive power and function of
3		the State. This subsection (c) is a denial and limitation of
4		home rule powers and functions under subsection (h) of Section
5		6 of Article VII of the Illinois Constitution.
6		(c-5) A county or municipality, including a home rule
7		county or municipality, may not use an automated traffic law
8		enforcement system to issue violations in instances where the
9		motor vehicle comes to a complete stop and does not enter the
10		intersection, as defined by Section 1-132 of this Code, during
11		the cycle of the red signal indication unless one or more
12		pedestrians or bicyclists are present, even if the motor
13		vehicle stops at a point past a stop line or crosswalk where a
14		driver is required to stop, as specified in subsection (c) of
15		Section 11-306 of this Code or a similar provision of a local
16		ordinance.
17		(c-6) A county, or a municipality with less than 2,000,000
18		inhabitants, including a home rule county or municipality, may
19		not use an automated traffic law enforcement system to issue
20		violations in instances where a motorcyclist enters an
21		intersection against a red signal indication when the red
22		signal fails to change to a green signal within a reasonable
23		period of time not less than 120 seconds because of a signal
24		malfunction or because the signal has failed to detect the
25		arrival of the motorcycle due to the motorcycle's size or
26		weight.

HB4844 Engrossed - 1674 - LRB103 39009 AMC 69146 b
1		(d) For each violation of a provision of this Code or a
2		local ordinance recorded by an automatic traffic law
3		enforcement system, the county or municipality having
4		jurisdiction shall issue a written notice of the violation to
5		the registered owner of the vehicle as the alleged violator.
6		The notice shall be delivered to the registered owner of the
7		vehicle, by mail, within 30 days after the Secretary of State
8		notifies the municipality or county of the identity of the
9		owner of the vehicle, but in no event later than 90 days after
10		the violation.
11		The notice shall include:
12		(1) the name and address of the registered owner of
13		the vehicle;
14		(2) the registration number of the motor vehicle
15		involved in the violation;
16		(3) the violation charged;
17		(4) the location where the violation occurred;
18		(5) the date and time of the violation;
19		(6) a copy of the recorded images;
20		(7) the amount of the civil penalty imposed and the
21		requirements of any traffic education program imposed and
22		the date by which the civil penalty should be paid and the
23		traffic education program should be completed;
24		(8) a statement that recorded images are evidence of a
25		violation of a red light signal;
26		(9) a warning that failure to pay the civil penalty,

HB4844 Engrossed - 1675 - LRB103 39009 AMC 69146 b
1		to complete a required traffic education program, or to
2		contest liability in a timely manner is an admission of
3		liability;
4		(10) a statement that the person may elect to proceed
5		by:
6		(A) paying the fine, completing a required traffic
7		education program, or both; or
8		(B) challenging the charge in court, by mail, or
9		by administrative hearing; and
10		(11) a website address, accessible through the
11		Internet, where the person may view the recorded images of
12		the violation.
13		(e) (Blank).
14		(f) Based on inspection of recorded images produced by an
15		automated traffic law enforcement system, a notice alleging
16		that the violation occurred shall be evidence of the facts
17		contained in the notice and admissible in any proceeding
18		alleging a violation under this Section.
19		(g) Recorded images made by an automatic traffic law
20		enforcement system are confidential and shall be made
21		available only to the alleged violator and governmental and
22		law enforcement agencies for purposes of adjudicating a
23		violation of this Section, for statistical purposes, or for
24		other governmental purposes. Any recorded image evidencing a
25		violation of this Section, however, may be admissible in any
26		proceeding resulting from the issuance of the citation.

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1		(h) The court or hearing officer may consider in defense
2		of a violation:
3		(1) that the motor vehicle or registration plates or
4		digital registration plates of the motor vehicle were
5		stolen before the violation occurred and not under the
6		control of or in the possession of the owner or lessee at
7		the time of the violation;
8		(1.5) that the motor vehicle was hijacked before the
9		violation occurred and not under the control of or in the
10		possession of the owner or lessee at the time of the
11		violation;
12		(2) that the driver of the vehicle passed through the
13		intersection when the light was red either (i) in order to
14		yield the right-of-way to an emergency vehicle or (ii) as
15		part of a funeral procession; and
16		(3) any other evidence or issues provided by municipal
17		or county ordinance.
18		(i) To demonstrate that the motor vehicle was hijacked or
19		the motor vehicle or registration plates or digital
20		registration plates were stolen before the violation occurred
21		and were not under the control or possession of the owner or
22		lessee at the time of the violation, the owner or lessee must
23		submit proof that a report concerning the motor vehicle or
24		registration plates was filed with a law enforcement agency in
25		a timely manner.
26		(j) Unless the driver of the motor vehicle received a

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1		Uniform Traffic Citation from a police officer at the time of
2		the violation, the motor vehicle owner is subject to a civil
3		penalty not exceeding $100 or the completion of a traffic
4		education program, or both, plus an additional penalty of not
5		more than $100 for failure to pay the original penalty or to
6		complete a required traffic education program, or both, in a
7		timely manner, if the motor vehicle is recorded by an
8		automated traffic law enforcement system. A violation for
9		which a civil penalty is imposed under this Section is not a
10		violation of a traffic regulation governing the movement of
11		vehicles and may not be recorded on the driving record of the
12		owner of the vehicle.
13		(j-3) A registered owner who is a holder of a valid
14		commercial driver's license is not required to complete a
15		traffic education program.
16		(j-5) For purposes of the required traffic education
17		program only, a registered owner may submit an affidavit to
18		the court or hearing officer swearing that at the time of the
19		alleged violation, the vehicle was in the custody and control
20		of another person. The affidavit must identify the person in
21		custody and control of the vehicle, including the person's
22		name and current address. The person in custody and control of
23		the vehicle at the time of the violation is required to
24		complete the required traffic education program. If the person
25		in custody and control of the vehicle at the time of the
26		violation completes the required traffic education program,

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1		the registered owner of the vehicle is not required to
2		complete a traffic education program.
3		(k) An intersection equipped with an automated traffic law
4		enforcement system must be posted with a sign visible to
5		approaching traffic indicating that the intersection is being
6		monitored by an automated traffic law enforcement system and
7		informing drivers whether, following a stop, a right turn at
8		the intersection is permitted or prohibited.
9		(k-3) A municipality or county that has one or more
10		intersections equipped with an automated traffic law
11		enforcement system must provide notice to drivers by posting
12		the locations of automated traffic law systems on the
13		municipality or county website.
14		(k-5) An intersection equipped with an automated traffic
15		law enforcement system must have a yellow change interval that
16		conforms with the Illinois Manual on Uniform Traffic Control
17		Devices (IMUTCD) published by the Illinois Department of
18		Transportation. Beginning 6 months before it installs an
19		automated traffic law enforcement system at an intersection, a
20		county or municipality may not change the yellow change
21		interval at that intersection.
22		(k-7) A municipality or county operating an automated
23		traffic law enforcement system shall conduct a statistical
24		analysis to assess the safety impact of each automated traffic
25		law enforcement system at an intersection following
26		installation of the system and every 2 years thereafter. Each

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1		statistical analysis shall be based upon the best available
2		crash, traffic, and other data, and shall cover a period of
3		time before and after installation of the system sufficient to
4		provide a statistically valid comparison of safety impact.
5		Each statistical analysis shall be consistent with
6		professional judgment and acceptable industry practice. Each
7		statistical analysis also shall be consistent with the data
8		required for valid comparisons of before and after conditions
9		and shall be conducted within a reasonable period following
10		the installation of the automated traffic law enforcement
11		system. Each statistical analysis required by this subsection
12		(k-7) shall be made available to the public and shall be
13		published on the website of the municipality or county. If a
14		statistical analysis 36-month indicates that there has been an
15		increase in the rate of crashes at the approach to the
16		intersection monitored by the system, the municipality or
17		county shall undertake additional studies to determine the
18		cause and severity of the crashes, and may take any action that
19		it determines is necessary or appropriate to reduce the number
20		or severity of the crashes at that intersection.
21		(k-8) Any municipality or county operating an automated
22		traffic law enforcement system before July 28, 2023 (the
23		effective date of Public Act 103-364) this amendatory Act of
24		the 103rd General Assembly shall conduct a statistical
25		analysis to assess the safety impact of each automated traffic
26		law enforcement system at an intersection by no later than one

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1		year after July 28, 2023 (the effective date of Public Act
2		103-364) this amendatory Act of the 103rd General Assembly and
3		every 2 years thereafter. The statistical analyses shall be
4		based upon the best available crash, traffic, and other data,
5		and shall cover a period of time before and after installation
6		of the system sufficient to provide a statistically valid
7		comparison of safety impact. The statistical analyses shall be
8		consistent with professional judgment and acceptable industry
9		practice. The statistical analyses also shall be consistent
10		with the data required for valid comparisons of before and
11		after conditions. The statistical analyses required by this
12		subsection shall be made available to the public and shall be
13		published on the website of the municipality or county. If the
14		statistical analysis for any period following installation of
15		the system indicates that there has been an increase in the
16		rate of accidents at the approach to the intersection
17		monitored by the system, the municipality or county shall
18		undertake additional studies to determine the cause and
19		severity of the accidents, and may take any action that it
20		determines is necessary or appropriate to reduce the number or
21		severity of the accidents at that intersection.
22		(l) The compensation paid for an automated traffic law
23		enforcement system must be based on the value of the equipment
24		or the services provided and may not be based on the number of
25		traffic citations issued or the revenue generated by the
26		system.

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1		(l-1) No member of the General Assembly and no officer or
2		employee of a municipality or county shall knowingly accept
3		employment or receive compensation or fees for services from a
4		vendor that provides automated traffic law enforcement system
5		equipment or services to municipalities or counties. No former
6		member of the General Assembly shall, within a period of 2
7		years immediately after the termination of service as a member
8		of the General Assembly, knowingly accept employment or
9		receive compensation or fees for services from a vendor that
10		provides automated traffic law enforcement system equipment or
11		services to municipalities or counties. No former officer or
12		employee of a municipality or county shall, within a period of
13		2 years immediately after the termination of municipal or
14		county employment, knowingly accept employment or receive
15		compensation or fees for services from a vendor that provides
16		automated traffic law enforcement system equipment or services
17		to municipalities or counties.
18		(m) This Section applies only to the counties of Cook,
19		DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and
20		to municipalities located within those counties.
21		(n) The fee for participating in a traffic education
22		program under this Section shall not exceed $25.
23		A low-income individual required to complete a traffic
24		education program under this Section who provides proof of
25		eligibility for the federal earned income tax credit under
26		Section 32 of the Internal Revenue Code or the Illinois earned

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1		income tax credit under Section 212 of the Illinois Income Tax
2		Act shall not be required to pay any fee for participating in a
3		required traffic education program.
4		(o) (Blank).
5		(p) No person who is the lessor of a motor vehicle pursuant
6		to a written lease agreement shall be liable for an automated
7		speed or traffic law enforcement system violation involving
8		such motor vehicle during the period of the lease; provided
9		that upon the request of the appropriate authority received
10		within 120 days after the violation occurred, the lessor
11		provides within 60 days after such receipt the name and
12		address of the lessee.
13		Upon the provision of information by the lessor pursuant
14		to this subsection, the county or municipality may issue the
15		violation to the lessee of the vehicle in the same manner as it
16		would issue a violation to a registered owner of a vehicle
17		pursuant to this Section, and the lessee may be held liable for
18		the violation.
19		(q) If a county or municipality selects a new vendor for
20		its automated traffic law enforcement system and must, as a
21		consequence, apply for a permit, approval, or other
22		authorization from the Department for reinstallation of one or
23		more malfunctioning components of that system and if, at the
24		time of the application for the permit, approval, or other
25		authorization, the new vendor operates an automated traffic
26		law enforcement system for any other county or municipality in

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1		the State, then the Department shall approve or deny the
2		county or municipality's application for the permit, approval,
3		or other authorization within 90 days after its receipt.
4		(r) The Department may revoke any permit, approval, or
5		other authorization granted to a county or municipality for
6		the placement, installation, or operation of an automated
7		traffic law enforcement system if any official or employee who
8		serves that county or municipality is charged with bribery,
9		official misconduct, or a similar crime related to the
10		placement, installation, or operation of the automated traffic
11		law enforcement system in the county or municipality.
12		The Department shall adopt any rules necessary to
13		implement and administer this subsection. The rules adopted by
14		the Department shall describe the revocation process, shall
15		ensure that notice of the revocation is provided, and shall
16		provide an opportunity to appeal the revocation. Any county or
17		municipality that has a permit, approval, or other
18		authorization revoked under this subsection may not reapply
19		for such a permit, approval, or other authorization for a
20		period of one 1 year after the revocation.
21		(s) If an automated traffic law enforcement system is
22		removed or rendered inoperable due to construction, then the
23		Department shall authorize the reinstallation or use of the
24		automated traffic law enforcement system within 30 days after
25		the construction is complete.
26		(Source: P.A. 102-905, eff. 1-1-23; 102-982, eff. 7-1-23;

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1		103-154, eff. 6-30-23; 103-364, eff. 7-28-23; revised
2		1-30-24.)
3		(625 ILCS 5/11-305) (from Ch. 95 1/2, par. 11-305)
4		Sec. 11-305. Obedience to and required traffic-control
5		devices.
6		(a) The driver of any vehicle shall obey the instructions
7		of any official traffic-control device applicable thereto
8		placed or held in accordance with the provisions of this Act,
9		unless otherwise directed by a police officer, subject to the
10		exceptions granted the driver of an authorized emergency
11		vehicle in this Act.
12		(b) It is unlawful for any person to leave the roadway and
13		travel across private property to avoid an official
14		traffic-control traffic control device.
15		(c) No provision of this Act for which official
16		traffic-control devices are required shall be enforced against
17		an alleged violator if at the time and place of the alleged
18		violation an official device is not in proper position and
19		sufficiently legible to be seen by an ordinarily observant
20		person. Whenever a particular section does not state that
21		official traffic-control devices are required, such section
22		shall be effective even though no devices are erected or in
23		place.
24		(d) Whenever any official traffic-control device is placed
25		or held in position approximately conforming to the

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1		requirements of this Act and purports to conform to the lawful
2		requirements pertaining to such device, such device shall be
3		presumed to have been so placed or held by the official act or
4		direction of lawful authority, and comply with the
5		requirements of this Act, unless the contrary shall be
6		established by competent evidence.
7		(e) The driver of a vehicle approaching a traffic control
8		signal on which no signal light facing such vehicle is
9		illuminated shall stop before entering the intersection in
10		accordance with rules applicable in making a stop at a stop
11		sign. This provision does not apply to the driver of a vehicle
12		approaching a pedestrian hybrid beacon.
13		(f) Any violation of subsection (a) that occurs within a
14		designated highway construction zone or maintenance zone shall
15		result in a fine of no less than $100 and no more than $1,000.
16		(Source: P.A. 103-158, eff. 1-1-24; revised 1-2-24.)
17		Section 545. The Public-Private Partnerships for
18		Transportation Act is amended by changing Section 19 as
19		follows:
20		(630 ILCS 5/19)
21		Sec. 19. Unsolicited proposals.
22		(a) A responsible public entity may receive unsolicited
23		proposals for a project and may thereafter enter into a
24		public-private agreement with a private entity, or a

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1		consortium of private entities, for the design, construction,
2		upgrading, operating, ownership, or financing of facilities.
3		(b) A responsible public entity may consider, evaluate,
4		and accept an unsolicited proposal for a public-private
5		partnership project from a private entity if the proposal:
6		(1) is independently developed and drafted by the
7		proposer without responsible public entity supervision;
8		(2) shows that the proposed project could benefit the
9		transportation system;
10		(3) includes a financing plan to allow the project to
11		move forward pursuant to the applicable responsible public
12		entity's budget and finance requirements; and
13		(4) includes sufficient detail and information for the
14		responsible public entity to evaluate the proposal in an
15		objective and timely manner and permit a determination
16		that the project would be worthwhile.
17		(c) The unsolicited proposal shall include the following:
18		(1) an executive summary covering the major elements
19		of the proposal;
20		(2) qualifications concerning the experience,
21		expertise, technical competence, and qualifications of the
22		private entity and of each member of its management team
23		and of other key employees, consultants, and
24		subcontractors, including the name, address, and
25		professional designation;
26		(3) a project description, including, when applicable:

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1		(A) the limits, scope, and location of the
2		proposed project;
3		(B) right-of-way requirements;
4		(C) connections with other facilities and
5		improvements to those facilities necessary if the
6		project is developed;
7		(D) a conceptual project design; and
8		(E) a statement of the project's relationship to
9		and impact upon relevant existing plans of the
10		responsible public entity;
11		(4) a facilities project schedule, including when
12		applicable, estimates of:
13		(A) dates of contract award;
14		(B) start of construction;
15		(C) completion of construction;
16		(D) start of operations; and
17		(E) major maintenance or reconstruction activities
18		during the life of the proposed project agreement;
19		(5) an operating plan describing the operation of the
20		completed facility if operation of a facility is part of
21		the proposal, describing the management structure and
22		approach, the proposed period of operations, enforcement,
23		emergency response, and other relevant information;
24		(6) a finance plan describing the proposed financing
25		of the project, identifying the source of funds to, where
26		applicable, design, construct, maintain, and manage the

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1		project during the term of the proposed contract; and
2		(7) the legal basis for the project and licenses and
3		certifications; the private entity must demonstrate that
4		it has all licenses and certificates necessary to complete
5		the project.
6		(d) Within 120 days after receiving an unsolicited
7		proposal, the responsible public entity shall complete a
8		preliminary evaluation of the unsolicited proposal and shall
9		either:
10		(1) if the preliminary evaluation is unfavorable,
11		return the proposal without further action;
12		(2) if the preliminary evaluation is favorable, notify
13		the proposer that the responsible public entity will
14		further evaluate the proposal; or
15		(3) request amendments, clarification, or modification
16		of the unsolicited proposal.
17		(e) The procurement process for unsolicited proposals
18		shall be as follows:
19		(1) If the responsible public entity chooses to
20		further evaluate an unsolicited proposal with the intent
21		to enter into a public-private agreement for the proposed
22		project, then the responsible public entity shall publish
23		notice in the Illinois Procurement Bulletin or in a
24		newspaper of general circulation covering the location of
25		the project at least once a week for 2 weeks stating that
26		the responsible public entity has received a proposal and

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1		will accept other proposals for the same project. The time
2		frame within which the responsible public entity may
3		accept other proposals shall be determined by the
4		responsible public entity on a project-by-project basis
5		based upon the complexity of the transportation project
6		and the public benefit to be gained by allowing a longer or
7		shorter period of time within which other proposals may be
8		received; however, the time frame for allowing other
9		proposals must be at least 21 days, but no more than 120
10		days, after the initial date of publication.
11		(2) A copy of the notice must be mailed to each local
12		government directly affected by the transportation
13		project.
14		(3) The responsible public entity shall provide
15		reasonably sufficient information, including the identity
16		of its contact person, to enable other private entities to
17		make proposals.
18		(4) If, after no less than 120 days, no
19		counterproposal is received, or if the counterproposals
20		are evaluated and found to be equal to or inferior to the
21		original unsolicited proposal, the responsible public
22		entity may proceed to negotiate a contract with the
23		original proposer.
24		(5) If, after no less than 120 days, one or more
25		counterproposals meeting unsolicited proposal standards
26		are received, and if, in the opinion of the responsible

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1		public entity, the counterproposals are evaluated and
2		found to be superior to the original unsolicited proposal,
3		the responsible public entity shall proceed to determine
4		the successful participant through a final procurement
5		phase known as "Best and Final Offer" (BAFO). The BAFO is a
6		process whereby a responsible public entity shall invite
7		the original private sector party and the proponent
8		submitting the superior counterproposal to engage in a
9		BAFO phase. The invitation to participate in the BAFO
10		phase will provide to each participating proposer:
11		(A) the general concepts that were considered
12		superior to the original proposal, while keeping
13		proprietary information contained in the proposals
14		confidential to the extent possible; and
15		(B) the preestablished evaluation criteria or the
16		"basis of award" to be used to determine the
17		successful proponent.
18		(6) Offers received in response to the BAFO invitation
19		will be reviewed by the responsible public entity and
20		scored in accordance with a preestablished criteria, or
21		alternatively, in accordance with the basis of award
22		provision identified through the BAFO process. The
23		successful proponent will be the proponent offering "best
24		value" to the responsible public entity.
25		(7) In all cases, the basis of award will be the best
26		value to the responsible public entity, as determined by

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1		the responsible public entity.
2		(f) After a comprehensive evaluation and acceptance of an
3		unsolicited proposal and any alternatives, the responsible
4		public entity may commence negotiations with a proposer,
5		considering:
6		(1) the proposal has received a favorable
7		comprehensive evaluation;
8		(2) the proposal is not duplicative of existing
9		infrastructure project;
10		(3) the alternative proposal does not closely resemble
11		a pending competitive proposal for a public-private
12		private partnership or other procurement;
13		(4) the proposal demonstrates a unique method,
14		approach, or concept;
15		(5) facts and circumstances that preclude or warrant
16		additional competition;
17		(6) the availability of any funds, debts, or assets
18		that the State will contribute to the project;
19		(7) facts and circumstances demonstrating that the
20		project will likely have a significant adverse impact on
21		on State bond ratings; and
22		(8) indemnifications included in the proposal.
23		(Source: P.A. 103-570, eff. 1-1-24; revised 1-3-24.)
24		Section 550. The Clerks of Courts Act is amended by
25		changing Section 27.1b as follows:

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1		(705 ILCS 105/27.1b)
2		Sec. 27.1b. Circuit court clerk fees. Notwithstanding any
3		other provision of law, all fees charged by the clerks of the
4		circuit court for the services described in this Section shall
5		be established, collected, and disbursed in accordance with
6		this Section. Except as otherwise specified in this Section,
7		all fees under this Section shall be paid in advance and
8		disbursed by each clerk on a monthly basis. In a county with a
9		population of over 3,000,000, units of local government and
10		school districts shall not be required to pay fees under this
11		Section in advance and the clerk shall instead send an
12		itemized bill to the unit of local government or school
13		district, within 30 days of the fee being incurred, and the
14		unit of local government or school district shall be allowed
15		at least 30 days from the date of the itemized bill to pay;
16		these payments shall be disbursed by each clerk on a monthly
17		basis. Unless otherwise specified in this Section, the amount
18		of a fee shall be determined by ordinance or resolution of the
19		county board and remitted to the county treasurer to be used
20		for purposes related to the operation of the court system in
21		the county. In a county with a population of over 3,000,000,
22		any amount retained by the clerk of the circuit court or
23		remitted to the county treasurer shall be subject to
24		appropriation by the county board.
25		(a) Civil cases. The fee for filing a complaint, petition,

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1		or other pleading initiating a civil action shall be as set
2		forth in the applicable schedule under this subsection in
3		accordance with case categories established by the Supreme
4		Court in schedules.
5		(1) SCHEDULE 1: not to exceed a total of $366 in a
6		county with a population of 3,000,000 or more and not to
7		exceed $316 in any other county, except as applied to
8		units of local government and school districts in counties
9		with more than 3,000,000 inhabitants an amount not to
10		exceed $190 through December 31, 2021 and $184 on and
11		after January 1, 2022. The fees collected under this
12		schedule shall be disbursed as follows:
13		(A) The clerk shall retain a sum, in an amount not
14		to exceed $55 in a county with a population of
15		3,000,000 or more and in an amount not to exceed $45 in
16		any other county determined by the clerk with the
17		approval of the Supreme Court, to be used for court
18		automation, court document storage, and administrative
19		purposes.
20		(B) The clerk shall remit up to $21 to the State
21		Treasurer. The State Treasurer shall deposit the
22		appropriate amounts, in accordance with the clerk's
23		instructions, as follows:
24		(i) up to $10, as specified by the Supreme
25		Court in accordance with Part 10A of Article II of
26		the Code of Civil Procedure, into the Mandatory

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1		Arbitration Fund;
2		(ii) $2 into the Access to Justice Fund; and
3		(iii) $9 into the Supreme Court Special
4		Purposes Fund.
5		(C) The clerk shall remit a sum to the County
6		Treasurer, in an amount not to exceed $290 in a county
7		with a population of 3,000,000 or more and in an amount
8		not to exceed $250 in any other county, as specified by
9		ordinance or resolution passed by the county board,
10		for purposes related to the operation of the court
11		system in the county.
12		(2) SCHEDULE 2: not to exceed a total of $357 in a
13		county with a population of 3,000,000 or more and not to
14		exceed $266 in any other county, except as applied to
15		units of local government and school districts in counties
16		with more than 3,000,000 inhabitants an amount not to
17		exceed $190 through December 31, 2021 and $184 on and
18		after January 1, 2022. The fees collected under this
19		schedule shall be disbursed as follows:
20		(A) The clerk shall retain a sum, in an amount not
21		to exceed $55 in a county with a population of
22		3,000,000 or more and in an amount not to exceed $45 in
23		any other county determined by the clerk with the
24		approval of the Supreme Court, to be used for court
25		automation, court document storage, and administrative
26		purposes.

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1		(B) The clerk shall remit up to $21 to the State
2		Treasurer. The State Treasurer shall deposit the
3		appropriate amounts, in accordance with the clerk's
4		instructions, as follows:
5		(i) up to $10, as specified by the Supreme
6		Court in accordance with Part 10A of Article II of
7		the Code of Civil Procedure, into the Mandatory
8		Arbitration Fund;
9		(ii) $2 into the Access to Justice Fund: and
10		(iii) $9 into the Supreme Court Special
11		Purposes Fund.
12		(C) The clerk shall remit a sum to the County
13		Treasurer, in an amount not to exceed $281 in a county
14		with a population of 3,000,000 or more and in an amount
15		not to exceed $200 in any other county, as specified by
16		ordinance or resolution passed by the county board,
17		for purposes related to the operation of the court
18		system in the county.
19		(3) SCHEDULE 3: not to exceed a total of $265 in a
20		county with a population of 3,000,000 or more and not to
21		exceed $89 in any other county, except as applied to units
22		of local government and school districts in counties with
23		more than 3,000,000 inhabitants an amount not to exceed
24		$190 through December 31, 2021 and $184 on and after
25		January 1, 2022. The fees collected under this schedule
26		shall be disbursed as follows:

HB4844 Engrossed - 1696 - LRB103 39009 AMC 69146 b
1		(A) The clerk shall retain a sum, in an amount not
2		to exceed $55 in a county with a population of
3		3,000,000 or more and in an amount not to exceed $22 in
4		any other county determined by the clerk with the
5		approval of the Supreme Court, to be used for court
6		automation, court document storage, and administrative
7		purposes.
8		(B) The clerk shall remit $11 to the State
9		Treasurer. The State Treasurer shall deposit the
10		appropriate amounts in accordance with the clerk's
11		instructions, as follows:
12		(i) $2 into the Access to Justice Fund; and
13		(ii) $9 into the Supreme Court Special
14		Purposes Fund.
15		(C) The clerk shall remit a sum to the County
16		Treasurer, in an amount not to exceed $199 in a county
17		with a population of 3,000,000 or more and in an amount
18		not to exceed $56 in any other county, as specified by
19		ordinance or resolution passed by the county board,
20		for purposes related to the operation of the court
21		system in the county.
22		(4) SCHEDULE 4: $0.
23		(b) Appearance. The fee for filing an appearance in a
24		civil action, including a cannabis civil law action under the
25		Cannabis Control Act, shall be as set forth in the applicable
26		schedule under this subsection in accordance with case

HB4844 Engrossed - 1697 - LRB103 39009 AMC 69146 b
1		categories established by the Supreme Court in schedules.
2		(1) SCHEDULE 1: not to exceed a total of $230 in a
3		county with a population of 3,000,000 or more and not to
4		exceed $191 in any other county, except as applied to
5		units of local government and school districts in counties
6		with more than 3,000,000 inhabitants an amount not to
7		exceed $75. The fees collected under this schedule shall
8		be disbursed as follows:
9		(A) The clerk shall retain a sum, in an amount not
10		to exceed $50 in a county with a population of
11		3,000,000 or more and in an amount not to exceed $45 in
12		any other county determined by the clerk with the
13		approval of the Supreme Court, to be used for court
14		automation, court document storage, and administrative
15		purposes.
16		(B) The clerk shall remit up to $21 to the State
17		Treasurer. The State Treasurer shall deposit the
18		appropriate amounts, in accordance with the clerk's
19		instructions, as follows:
20		(i) up to $10, as specified by the Supreme
21		Court in accordance with Part 10A of Article II of
22		the Code of Civil Procedure, into the Mandatory
23		Arbitration Fund;
24		(ii) $2 into the Access to Justice Fund; and
25		(iii) $9 into the Supreme Court Special
26		Purposes Fund.

HB4844 Engrossed - 1698 - LRB103 39009 AMC 69146 b
1		(C) The clerk shall remit a sum to the County
2		Treasurer, in an amount not to exceed $159 in a county
3		with a population of 3,000,000 or more and in an amount
4		not to exceed $125 in any other county, as specified by
5		ordinance or resolution passed by the county board,
6		for purposes related to the operation of the court
7		system in the county.
8		(2) SCHEDULE 2: not to exceed a total of $130 in a
9		county with a population of 3,000,000 or more and not to
10		exceed $109 in any other county, except as applied to
11		units of local government and school districts in counties
12		with more than 3,000,000 inhabitants an amount not to
13		exceed $75. The fees collected under this schedule shall
14		be disbursed as follows:
15		(A) The clerk shall retain a sum, in an amount not
16		to exceed $50 in a county with a population of
17		3,000,000 or more and in an amount not to exceed $10 in
18		any other county determined by the clerk with the
19		approval of the Supreme Court, to be used for court
20		automation, court document storage, and administrative
21		purposes.
22		(B) The clerk shall remit $9 to the State
23		Treasurer, which the State Treasurer shall deposit
24		into the Supreme Court Special Purposes Fund.
25		(C) The clerk shall remit a sum to the County
26		Treasurer, in an amount not to exceed $71 in a county

HB4844 Engrossed - 1699 - LRB103 39009 AMC 69146 b
1		with a population of 3,000,000 or more and in an amount
2		not to exceed $90 in any other county, as specified by
3		ordinance or resolution passed by the county board,
4		for purposes related to the operation of the court
5		system in the county.
6		(3) SCHEDULE 3: $0.
7		(b-5) Kane County and Will County. In Kane County and Will
8		County civil cases, there is an additional fee of up to $30 as
9		set by the county board under Section 5-1101.3 of the Counties
10		Code to be paid by each party at the time of filing the first
11		pleading, paper, or other appearance; provided that no
12		additional fee shall be required if more than one party is
13		represented in a single pleading, paper, or other appearance.
14		Distribution of fees collected under this subsection (b-5)
15		shall be as provided in Section 5-1101.3 of the Counties Code.
16		(c) Counterclaim or third party complaint. When any
17		defendant files a counterclaim or third party complaint, as
18		part of the defendant's answer or otherwise, the defendant
19		shall pay a filing fee for each counterclaim or third party
20		complaint in an amount equal to the filing fee the defendant
21		would have had to pay had the defendant brought a separate
22		action for the relief sought in the counterclaim or third
23		party complaint, less the amount of the appearance fee, if
24		any, that the defendant has already paid in the action in which
25		the counterclaim or third party complaint is filed.
26		(d) Alias summons. The clerk shall collect a fee not to

HB4844 Engrossed - 1700 - LRB103 39009 AMC 69146 b
1		exceed $6 in a county with a population of 3,000,000 or more
2		and not to exceed $5 in any other county for each alias summons
3		or citation issued by the clerk, except as applied to units of
4		local government and school districts in counties with more
5		than 3,000,000 inhabitants an amount not to exceed $5 for each
6		alias summons or citation issued by the clerk.
7		(e) Jury services. The clerk shall collect, in addition to
8		other fees allowed by law, a sum not to exceed $212.50, as a
9		fee for the services of a jury in every civil action not
10		quasi-criminal in its nature and not a proceeding for the
11		exercise of the right of eminent domain and in every other
12		action wherein the right of trial by jury is or may be given by
13		law. The jury fee shall be paid by the party demanding a jury
14		at the time of filing the jury demand. If the fee is not paid
15		by either party, no jury shall be called in the action or
16		proceeding, and the action or proceeding shall be tried by the
17		court without a jury.
18		(f) Change of venue. In connection with a change of venue:
19		(1) The clerk of the jurisdiction from which the case
20		is transferred may charge a fee, not to exceed $40, for the
21		preparation and certification of the record; and
22		(2) The clerk of the jurisdiction to which the case is
23		transferred may charge the same filing fee as if it were
24		the commencement of a new suit.
25		(g) Petition to vacate or modify.
26		(1) In a proceeding involving a petition to vacate or

HB4844 Engrossed - 1701 - LRB103 39009 AMC 69146 b
1		modify any final judgment or order filed within 30 days
2		after the judgment or order was entered, except for an
3		eviction case, small claims case, petition to reopen an
4		estate, petition to modify, terminate, or enforce a
5		judgment or order for child or spousal support, or
6		petition to modify, suspend, or terminate an order for
7		withholding, the fee shall not exceed $60 in a county with
8		a population of 3,000,000 or more and shall not exceed $50
9		in any other county, except as applied to units of local
10		government and school districts in counties with more than
11		3,000,000 inhabitants an amount not to exceed $50.
12		(2) In a proceeding involving a petition to vacate or
13		modify any final judgment or order filed more than 30 days
14		after the judgment or order was entered, except for a
15		petition to modify, terminate, or enforce a judgment or
16		order for child or spousal support, or petition to modify,
17		suspend, or terminate an order for withholding, the fee
18		shall not exceed $75.
19		(3) In a proceeding involving a motion to vacate or
20		amend a final order, motion to vacate an ex parte
21		judgment, judgment of forfeiture, or "failure to appear"
22		or "failure to comply" notices sent to the Secretary of
23		State, the fee shall equal $40.
24		(h) Appeals preparation. The fee for preparation of a
25		record on appeal shall be based on the number of pages, as
26		follows:

HB4844 Engrossed - 1702 - LRB103 39009 AMC 69146 b
1		(1) if the record contains no more than 100 pages, the
2		fee shall not exceed $70 in a county with a population of
3		3,000,000 or more and shall not exceed $50 in any other
4		county;
5		(2) if the record contains between 100 and 200 pages,
6		the fee shall not exceed $100; and
7		(3) if the record contains 200 or more pages, the
8		clerk may collect an additional fee not to exceed 25 cents
9		per page.
10		(i) Remands. In any cases remanded to the circuit court
11		from the Supreme Court or the appellate court for a new trial,
12		the clerk shall reinstate the case with either its original
13		number or a new number. The clerk shall not charge any new or
14		additional fee for the reinstatement. Upon reinstatement, the
15		clerk shall advise the parties of the reinstatement. Parties
16		shall have the same right to a jury trial on remand and
17		reinstatement that they had before the appeal, and no
18		additional or new fee or charge shall be made for a jury trial
19		after remand.
20		(j) Garnishment, wage deduction, and citation. In
21		garnishment affidavit, wage deduction affidavit, and citation
22		petition proceedings:
23		(1) if the amount in controversy in the proceeding is
24		not more than $1,000, the fee may not exceed $35 in a
25		county with a population of 3,000,000 or more and may not
26		exceed $15 in any other county, except as applied to units

HB4844 Engrossed - 1703 - LRB103 39009 AMC 69146 b
1		of local government and school districts in counties with
2		more than 3,000,000 inhabitants an amount not to exceed
3		$15;
4		(2) if the amount in controversy in the proceeding is
5		greater than $1,000 and not more than $5,000, the fee may
6		not exceed $45 in a county with a population of 3,000,000
7		or more and may not exceed $30 in any other county, except
8		as applied to units of local government and school
9		districts in counties with more than 3,000,000 inhabitants
10		an amount not to exceed $30; and
11		(3) if the amount in controversy in the proceeding is
12		greater than $5,000, the fee may not exceed $65 in a county
13		with a population of 3,000,000 or more and may not exceed
14		$50 in any other county, except as applied to units of
15		local government and school districts in counties with
16		more than 3,000,000 inhabitants an amount not to exceed
17		$50.
18		(j-5) Debt collection. In any proceeding to collect a debt
19		subject to the exception in item (ii) of subparagraph (A-5) of
20		paragraph (1) of subsection (z) of this Section, the circuit
21		court shall order and the clerk shall collect from each
22		judgment debtor a fee of:
23		(1) $35 if the amount in controversy in the proceeding
24		is not more than $1,000;
25		(2) $45 if the amount in controversy in the proceeding
26		is greater than $1,000 and not more than $5,000; and

HB4844 Engrossed - 1704 - LRB103 39009 AMC 69146 b
1		(3) $65 if the amount in controversy in the proceeding
2		is greater than $5,000.
3		(k) Collections.
4		(1) For all collections made of others, except the
5		State and county and except in maintenance or child
6		support cases, the clerk may collect a fee of up to 2.5% of
7		the amount collected and turned over.
8		(2) In child support and maintenance cases, the clerk
9		may collect an annual fee of up to $36 from the person
10		making payment for maintaining child support records and
11		the processing of support orders to the State of Illinois
12		KIDS system and the recording of payments issued by the
13		State Disbursement Unit for the official record of the
14		Court. This fee is in addition to and separate from
15		amounts ordered to be paid as maintenance or child support
16		and shall be deposited into a Separate Maintenance and
17		Child Support Collection Fund, of which the clerk shall be
18		the custodian, ex officio, to be used by the clerk to
19		maintain child support orders and record all payments
20		issued by the State Disbursement Unit for the official
21		record of the Court. The clerk may recover from the person
22		making the maintenance or child support payment any
23		additional cost incurred in the collection of this annual
24		fee.
25		(3) The clerk may collect a fee of $5 for
26		certifications made to the Secretary of State as provided

HB4844 Engrossed - 1705 - LRB103 39009 AMC 69146 b
1		in Section 7-703 of the Illinois Vehicle Code, and this
2		fee shall be deposited into the Separate Maintenance and
3		Child Support Collection Fund.
4		(4) In proceedings to foreclose the lien of delinquent
5		real estate taxes, State's Attorneys shall receive a fee
6		of 10% of the total amount realized from the sale of real
7		estate sold in the proceedings. The clerk shall collect
8		the fee from the total amount realized from the sale of the
9		real estate sold in the proceedings and remit to the
10		County Treasurer to be credited to the earnings of the
11		Office of the State's Attorney.
12		(l) Mailing. The fee for the clerk mailing documents shall
13		not exceed $10 plus the cost of postage.
14		(m) Certified copies. The fee for each certified copy of a
15		judgment, after the first copy, shall not exceed $10.
16		(n) Certification, authentication, and reproduction.
17		(1) The fee for each certification or authentication
18		for taking the acknowledgment of a deed or other
19		instrument in writing with the seal of office shall not
20		exceed $6.
21		(2) The fee for reproduction of any document contained
22		in the clerk's files shall not exceed:
23		(A) $2 for the first page;
24		(B) 50 cents per page for the next 19 pages; and
25		(C) 25 cents per page for all additional pages.
26		(o) Record search. For each record search, within a

HB4844 Engrossed - 1706 - LRB103 39009 AMC 69146 b
1		division or municipal district, the clerk may collect a search
2		fee not to exceed $6 for each year searched.
3		(p) Hard copy. For each page of hard copy print output,
4		when case records are maintained on an automated medium, the
5		clerk may collect a fee not to exceed $10 in a county with a
6		population of 3,000,000 or more and not to exceed $6 in any
7		other county, except as applied to units of local government
8		and school districts in counties with more than 3,000,000
9		inhabitants an amount not to exceed $6.
10		(q) Index inquiry and other records. No fee shall be
11		charged for a single plaintiff and defendant index inquiry or
12		single case record inquiry when this request is made in person
13		and the records are maintained in a current automated medium,
14		and when no hard copy print output is requested. The fees to be
15		charged for management records, multiple case records, and
16		multiple journal records may be specified by the Chief Judge
17		pursuant to the guidelines for access and dissemination of
18		information approved by the Supreme Court.
19		(r) Performing a marriage. There shall be a $10 fee for
20		performing a marriage in court.
21		(s) Voluntary assignment. For filing each deed of
22		voluntary assignment, the clerk shall collect a fee not to
23		exceed $20. For recording a deed of voluntary assignment, the
24		clerk shall collect a fee not to exceed 50 cents for each 100
25		words. Exceptions filed to claims presented to an assignee of
26		a debtor who has made a voluntary assignment for the benefit of

HB4844 Engrossed - 1707 - LRB103 39009 AMC 69146 b
1		creditors shall be considered and treated, for the purpose of
2		taxing costs therein, as actions in which the party or parties
3		filing the exceptions shall be considered as party or parties
4		plaintiff, and the claimant or claimants as party or parties
5		defendant, and those parties respectively shall pay to the
6		clerk the same fees as provided by this Section to be paid in
7		other actions.
8		(t) Expungement petition. Except as provided in Sections
9		1-19 and 5-915 of the Juvenile Court Act of 1987, the clerk may
10		collect a fee not to exceed $60 for each expungement petition
11		filed and an additional fee not to exceed $4 for each certified
12		copy of an order to expunge arrest records.
13		(u) Transcripts of judgment. For the filing of a
14		transcript of judgment, the clerk may collect the same fee as
15		if it were the commencement of a new suit.
16		(v) Probate filings.
17		(1) For each account (other than one final account)
18		filed in the estate of a decedent, or ward, the fee shall
19		not exceed $25.
20		(2) For filing a claim in an estate when the amount
21		claimed is greater than $150 and not more than $500, the
22		fee shall not exceed $40 in a county with a population of
23		3,000,000 or more and shall not exceed $25 in any other
24		county; when the amount claimed is greater than $500 and
25		not more than $10,000, the fee shall not exceed $55 in a
26		county with a population of 3,000,000 or more and shall

HB4844 Engrossed - 1708 - LRB103 39009 AMC 69146 b
1		not exceed $40 in any other county; and when the amount
2		claimed is more than $10,000, the fee shall not exceed $75
3		in a county with a population of 3,000,000 or more and
4		shall not exceed $60 in any other county; except the court
5		in allowing a claim may add to the amount allowed the
6		filing fee paid by the claimant.
7		(3) For filing in an estate a claim, petition, or
8		supplemental proceeding based upon an action seeking
9		equitable relief including the construction or contest of
10		a will, enforcement of a contract to make a will, and
11		proceedings involving testamentary trusts or the
12		appointment of testamentary trustees, the fee shall not
13		exceed $60.
14		(4) There shall be no fee for filing in an estate: (i)
15		the appearance of any person for the purpose of consent;
16		or (ii) the appearance of an executor, administrator,
17		administrator to collect, guardian, guardian ad litem, or
18		special administrator.
19		(5) For each jury demand, the fee shall not exceed
20		$137.50.
21		(6) For each certified copy of letters of office, of
22		court order, or other certification, the fee shall not
23		exceed $2 per page.
24		(7) For each exemplification, the fee shall not exceed
25		$2, plus the fee for certification.
26		(8) The executor, administrator, guardian, petitioner,

HB4844 Engrossed - 1709 - LRB103 39009 AMC 69146 b
1		or other interested person or his or her attorney shall
2		pay the cost of publication by the clerk directly to the
3		newspaper.
4		(9) The person on whose behalf a charge is incurred
5		for witness, court reporter, appraiser, or other
6		miscellaneous fees shall pay the same directly to the
7		person entitled thereto.
8		(10) The executor, administrator, guardian,
9		petitioner, or other interested person or his or her
10		attorney shall pay to the clerk all postage charges
11		incurred by the clerk in mailing petitions, orders,
12		notices, or other documents pursuant to the provisions of
13		the Probate Act of 1975.
14		(w) Corrections of numbers. For correction of the case
15		number, case title, or attorney computer identification
16		number, if required by rule of court, on any document filed in
17		the clerk's office, to be charged against the party that filed
18		the document, the fee shall not exceed $25.
19		(x) Miscellaneous.
20		(1) Interest earned on any fees collected by the clerk
21		shall be turned over to the county general fund as an
22		earning of the office.
23		(2) For any check, draft, or other bank instrument
24		returned to the clerk for non-sufficient funds, account
25		closed, or payment stopped, the clerk shall collect a fee
26		of $25.

HB4844 Engrossed - 1710 - LRB103 39009 AMC 69146 b
1		(y) Other fees. Any fees not covered in this Section shall
2		be set by rule or administrative order of the circuit court
3		with the approval of the Administrative Office of the Illinois
4		Courts. The clerk of the circuit court may provide services in
5		connection with the operation of the clerk's office, other
6		than those services mentioned in this Section, as may be
7		requested by the public and agreed to by the clerk and approved
8		by the Chief Judge. Any charges for additional services shall
9		be as agreed to between the clerk and the party making the
10		request and approved by the Chief Judge. Nothing in this
11		subsection shall be construed to require any clerk to provide
12		any service not otherwise required by law.
13		(y-5) Unpaid fees. Unless a court ordered payment schedule
14		is implemented or the fee requirements of this Section are
15		waived under a court order, the clerk of the circuit court may
16		add to any unpaid fees and costs under this Section a
17		delinquency amount equal to 5% of the unpaid fees that remain
18		unpaid after 30 days, 10% of the unpaid fees that remain unpaid
19		after 60 days, and 15% of the unpaid fees that remain unpaid
20		after 90 days. Notice to those parties may be made by signage
21		posting or publication. The additional delinquency amounts
22		collected under this Section shall be deposited into the
23		Circuit Court Clerk Operations and Administration Fund and
24		used to defray additional administrative costs incurred by the
25		clerk of the circuit court in collecting unpaid fees and
26		costs.

HB4844 Engrossed - 1711 - LRB103 39009 AMC 69146 b
1		(z) Exceptions.
2		(1) No fee authorized by this Section shall apply to:
3		(A) police departments or other law enforcement
4		agencies. In this Section, "law enforcement agency"
5		means: an agency of the State or agency of a unit of
6		local government which is vested by law or ordinance
7		with the duty to maintain public order and to enforce
8		criminal laws or ordinances; the Attorney General; or
9		any State's Attorney;
10		(A-5) any unit of local government or school
11		district, except in counties having a population of
12		500,000 or more the county board may by resolution set
13		fees for units of local government or school districts
14		no greater than the minimum fees applicable in
15		counties with a population less than 3,000,000;
16		provided however, no fee may be charged to any unit of
17		local government or school district in connection with
18		any action which, in whole or in part, is: (i) to
19		enforce an ordinance; (ii) to collect a debt; or (iii)
20		under the Administrative Review Law;
21		(B) any action instituted by the corporate
22		authority of a municipality with more than 1,000,000
23		inhabitants under Section 11-31-1 of the Illinois
24		Municipal Code and any action instituted under
25		subsection (b) of Section 11-31-1 of the Illinois
26		Municipal Code by a private owner or tenant of real

HB4844 Engrossed - 1712 - LRB103 39009 AMC 69146 b
1		property within 1,200 feet of a dangerous or unsafe
2		building seeking an order compelling the owner or
3		owners of the building to take any of the actions
4		authorized under that subsection;
5		(C) any commitment petition or petition for an
6		order authorizing the administration of psychotropic
7		medication or electroconvulsive therapy under the
8		Mental Health and Developmental Disabilities Code;
9		(D) a petitioner in any order of protection
10		proceeding, including, but not limited to, fees for
11		filing, modifying, withdrawing, certifying, or
12		photocopying petitions for orders of protection,
13		issuing alias summons, any related filing service, or
14		certifying, modifying, vacating, or photocopying any
15		orders of protection;
16		(E) proceedings for the appointment of a
17		confidential intermediary under the Adoption Act;
18		(F) a minor subject to Article III, IV, or V of the
19		Juvenile Court Act of 1987, or the minor's parent,
20		guardian, or legal custodian; or
21		(G) a minor under the age of 18 transferred to
22		adult court or excluded from juvenile court
23		jurisdiction under Article V of the Juvenile Court Act
24		of 1987, or the minor's parent, guardian, or legal
25		custodian.
26		(2) No fee other than the filing fee contained in the

HB4844 Engrossed - 1713 - LRB103 39009 AMC 69146 b
1		applicable schedule in subsection (a) shall be charged to
2		any person in connection with an adoption proceeding.
3		(3) Upon good cause shown, the court may waive any
4		fees associated with a special needs adoption. The term
5		"special needs adoption" has the meaning provided by the
6		Illinois Department of Children and Family Services.
7		(Source: P.A. 102-145, eff. 7-23-21; 102-278, eff. 8-6-21;
8		102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-4, eff.
9		5-31-23; 103-379, eff. 7-28-23; revised 8-30-23.)
10		Section 555. The Juvenile Court Act of 1987 is amended by
11		changing Sections 1-8, 2-3, 2-6, 2-9, 2-10, 2-20, 2-28, 3-5,
12		3-6, 3-16, 3-17, 3-19, 3-21, 3-24, 3-33.5, 4-8, 4-9, 4-14,
13		4-16, 4-18, 4-21, 5-105, 5-120, 5-401.6, 5-410, 5-525, 5-601,
14		5-610, 5-615, 5-625, 5-705, 5-710, 5-715, 5-810, 5-915, 6-7,
15		6-9, and 6-10 as follows:
16		(705 ILCS 405/1-8)
17		Sec. 1-8. Confidentiality and accessibility of juvenile
18		court records.
19		(A) A juvenile adjudication shall never be considered a
20		conviction nor shall an adjudicated individual be considered a
21		criminal. Unless expressly allowed by law, a juvenile
22		adjudication shall not operate to impose upon the individual
23		any of the civil disabilities ordinarily imposed by or
24		resulting from conviction. Unless expressly allowed by law,

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1		adjudications shall not prejudice or disqualify the individual
2		in any civil service application or appointment, from holding
3		public office, or from receiving any license granted by public
4		authority. All juvenile court records which have not been
5		expunged are sealed and may never be disclosed to the general
6		public or otherwise made widely available. Sealed juvenile
7		court records may be obtained only under this Section and
8		Section 1-7 and Part 9 of Article V of this Act, when their use
9		is needed for good cause and with an order from the juvenile
10		court. Inspection and copying of juvenile court records
11		relating to a minor who is the subject of a proceeding under
12		this Act shall be restricted to the following:
13		(1) The minor who is the subject of record, the
14		minor's parents, guardian, and counsel.
15		(2) Law enforcement officers and law enforcement
16		agencies when such information is essential to executing
17		an arrest or search warrant or other compulsory process,
18		or to conducting an ongoing investigation or relating to a
19		minor who has been adjudicated delinquent and there has
20		been a previous finding that the act which constitutes the
21		previous offense was committed in furtherance of criminal
22		activities by a criminal street gang.
23		Before July 1, 1994, for the purposes of this Section,
24		"criminal street gang" means any ongoing organization,
25		association, or group of 3 or more persons, whether formal
26		or informal, having as one of its primary activities the

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1		commission of one or more criminal acts and that has a
2		common name or common identifying sign, symbol, or
3		specific color apparel displayed, and whose members
4		individually or collectively engage in or have engaged in
5		a pattern of criminal activity.
6		Beginning July 1, 1994, for purposes of this Section,
7		"criminal street gang" has the meaning ascribed to it in
8		Section 10 of the Illinois Streetgang Terrorism Omnibus
9		Prevention Act.
10		(3) Judges, hearing officers, prosecutors, public
11		defenders, probation officers, social workers, or other
12		individuals assigned by the court to conduct a
13		pre-adjudication or pre-disposition investigation, and
14		individuals responsible for supervising or providing
15		temporary or permanent care and custody for minors under
16		the order of the juvenile court when essential to
17		performing their responsibilities.
18		(4) Judges, federal, State, and local prosecutors,
19		public defenders, probation officers, and designated
20		staff:
21		(a) in the course of a trial when institution of
22		criminal proceedings has been permitted or required
23		under Section 5-805;
24		(b) when criminal proceedings have been permitted
25		or required under Section 5-805 and a minor is the
26		subject of a proceeding to determine the conditions of

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1		pretrial release;
2		(c) when criminal proceedings have been permitted
3		or required under Section 5-805 and a minor is the
4		subject of a pre-trial investigation, pre-sentence
5		investigation or fitness hearing, or proceedings on an
6		application for probation; or
7		(d) when a minor becomes 18 years of age or older,
8		and is the subject of criminal proceedings, including
9		a hearing to determine the conditions of pretrial
10		release, a pre-trial investigation, a pre-sentence
11		investigation, a fitness hearing, or proceedings on an
12		application for probation.
13		(5) Adult and Juvenile Prisoner Review Boards.
14		(6) Authorized military personnel.
15		(6.5) Employees of the federal government authorized
16		by law.
17		(7) Victims, their subrogees and legal
18		representatives; however, such persons shall have access
19		only to the name and address of the minor and information
20		pertaining to the disposition or alternative adjustment
21		plan of the juvenile court.
22		(8) Persons engaged in bona fide research, with the
23		permission of the presiding judge of the juvenile court
24		and the chief executive of the agency that prepared the
25		particular records; provided that publication of such
26		research results in no disclosure of a minor's identity

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1		and protects the confidentiality of the record.
2		(9) The Secretary of State to whom the Clerk of the
3		Court shall report the disposition of all cases, as
4		required in Section 6-204 of the Illinois Vehicle Code.
5		However, information reported relative to these offenses
6		shall be privileged and available only to the Secretary of
7		State, courts, and police officers.
8		(10) The administrator of a bonafide substance abuse
9		student assistance program with the permission of the
10		presiding judge of the juvenile court.
11		(11) Mental health professionals on behalf of the
12		Department of Corrections or the Department of Human
13		Services or prosecutors who are evaluating, prosecuting,
14		or investigating a potential or actual petition brought
15		under the Sexually Violent Persons Commitment Act relating
16		to a person who is the subject of juvenile court records or
17		the respondent to a petition brought under the Sexually
18		Violent Persons Commitment Act, who is the subject of
19		juvenile court records sought. Any records and any
20		information obtained from those records under this
21		paragraph (11) may be used only in sexually violent
22		persons commitment proceedings.
23		(12) (Blank).
24		(A-1) Findings and exclusions of paternity entered in
25		proceedings occurring under Article II of this Act shall be
26		disclosed, in a manner and form approved by the Presiding

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1		Judge of the Juvenile Court, to the Department of Healthcare
2		and Family Services when necessary to discharge the duties of
3		the Department of Healthcare and Family Services under Article
4		X of the Illinois Public Aid Code.
5		(B) A minor who is the victim in a juvenile proceeding
6		shall be provided the same confidentiality regarding
7		disclosure of identity as the minor who is the subject of
8		record.
9		(C)(0.1) In cases where the records concern a pending
10		juvenile court case, the requesting party seeking to inspect
11		the juvenile court records shall provide actual notice to the
12		attorney or guardian ad litem of the minor whose records are
13		sought.
14		(0.2) In cases where the juvenile court records concern a
15		juvenile court case that is no longer pending, the requesting
16		party seeking to inspect the juvenile court records shall
17		provide actual notice to the minor or the minor's parent or
18		legal guardian, and the matter shall be referred to the chief
19		judge presiding over matters pursuant to this Act.
20		(0.3) In determining whether juvenile court records should
21		be made available for inspection and whether inspection should
22		be limited to certain parts of the file, the court shall
23		consider the minor's interest in confidentiality and
24		rehabilitation over the requesting party's interest in
25		obtaining the information. The State's Attorney, the minor,
26		and the minor's parents, guardian, and counsel shall at all

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1		times have the right to examine court files and records.
2		(0.4) Any records obtained in violation of this Section
3		shall not be admissible in any criminal or civil proceeding,
4		or operate to disqualify a minor from subsequently holding
5		public office, or operate as a forfeiture of any public
6		benefit, right, privilege, or right to receive any license
7		granted by public authority.
8		(D) Pending or following any adjudication of delinquency
9		for any offense defined in Sections 11-1.20 through 11-1.60 or
10		12-13 through 12-16 of the Criminal Code of 1961 or the
11		Criminal Code of 2012, the victim of any such offense shall
12		receive the rights set out in Sections 4 and 6 of the Bill of
13		Rights of Crime for Victims and Witnesses of Violent Crime
14		Act; and the juvenile who is the subject of the adjudication,
15		notwithstanding any other provision of this Act, shall be
16		treated as an adult for the purpose of affording such rights to
17		the victim.
18		(E) Nothing in this Section shall affect the right of a
19		Civil Service Commission or appointing authority of the
20		federal government, or any state, county, or municipality
21		examining the character and fitness of an applicant for
22		employment with a law enforcement agency, correctional
23		institution, or fire department to ascertain whether that
24		applicant was ever adjudicated to be a delinquent minor and,
25		if so, to examine the records of disposition or evidence which
26		were made in proceedings under this Act.

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1		(F) Following any adjudication of delinquency for a crime
2		which would be a felony if committed by an adult, or following
3		any adjudication of delinquency for a violation of Section
4		24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the
5		Criminal Code of 2012, the State's Attorney shall ascertain
6		whether the minor respondent is enrolled in school and, if so,
7		shall provide a copy of the dispositional order to the
8		principal or chief administrative officer of the school.
9		Access to the dispositional order shall be limited to the
10		principal or chief administrative officer of the school and
11		any school counselor designated by the principal or chief
12		administrative officer.
13		(G) Nothing contained in this Act prevents the sharing or
14		disclosure of information or records relating or pertaining to
15		juveniles subject to the provisions of the Serious Habitual
16		Offender Comprehensive Action Program when that information is
17		used to assist in the early identification and treatment of
18		habitual juvenile offenders.
19		(H) When a court hearing a proceeding under Article II of
20		this Act becomes aware that an earlier proceeding under
21		Article II had been heard in a different county, that court
22		shall request, and the court in which the earlier proceedings
23		were initiated shall transmit, an authenticated copy of the
24		juvenile court record, including all documents, petitions, and
25		orders filed and the minute orders, transcript of proceedings,
26		and docket entries of the court.

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1		(I) The Clerk of the Circuit Court shall report to the
2		Illinois State Police, in the form and manner required by the
3		Illinois State Police, the final disposition of each minor who
4		has been arrested or taken into custody before the minor's
5		18th birthday for those offenses required to be reported under
6		Section 5 of the Criminal Identification Act. Information
7		reported to the Illinois State Police Department under this
8		Section may be maintained with records that the Illinois State
9		Police Department files under Section 2.1 of the Criminal
10		Identification Act.
11		(J) The changes made to this Section by Public Act 98-61
12		apply to juvenile law enforcement records of a minor who has
13		been arrested or taken into custody on or after January 1, 2014
14		(the effective date of Public Act 98-61).
15		(K) Willful violation of this Section is a Class C
16		misdemeanor and each violation is subject to a fine of $1,000.
17		This subsection (K) shall not apply to the person who is the
18		subject of the record.
19		(L) A person convicted of violating this Section is liable
20		for damages in the amount of $1,000 or actual damages,
21		whichever is greater.
22		(Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21;
23		102-813, eff. 5-13-22; 103-22, eff. 8-8-23; 103-379, eff.
24		7-28-23; revised 8-30-23.)
25		(705 ILCS 405/2-3) (from Ch. 37, par. 802-3)

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1		Sec. 2-3. Neglected or abused minor.
2		(1) Those who are neglected include any minor under 18
3		years of age or a minor 18 years of age or older for whom the
4		court has made a finding of probable cause to believe that the
5		minor is abused, neglected, or dependent under subsection (1)
6		of Section 2-10 prior to the minor's 18th birthday:
7		(a) who is not receiving the proper or necessary
8		support, education as required by law, or medical or other
9		remedial care recognized under State law as necessary for
10		a minor's well-being, or other care necessary for the
11		minor's well-being, including adequate food, clothing, and
12		shelter, or who is abandoned by the minor's parent or
13		parents or other person or persons responsible for the
14		minor's welfare, except that a minor shall not be
15		considered neglected for the sole reason that the minor's
16		parent or parents or other person or persons responsible
17		for the minor's welfare have left the minor in the care of
18		an adult relative for any period of time, who the parent or
19		parents or other person responsible for the minor's
20		welfare know is both a mentally capable adult relative and
21		physically capable adult relative, as defined by this Act;
22		or
23		(b) whose environment is injurious to the minor's
24		welfare; or
25		(c) who is a any newborn infant whose blood, urine, or
26		meconium contains any amount of a controlled substance as

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1		defined in subsection (f) of Section 102 of the Illinois
2		Controlled Substances Act, as now or hereafter amended, or
3		a metabolite of a controlled substance, with the exception
4		of controlled substances or metabolites of such
5		substances, the presence of which in the newborn infant is
6		the result of medical treatment administered to the person
7		who gave birth or the newborn infant; or
8		(d) any minor whose parent or other person responsible
9		for the minor's welfare leaves the minor without
10		supervision for an unreasonable period of time without
11		regard for the mental or physical health, safety, or
12		welfare of that minor. Whether the minor was left without
13		regard for the mental or physical health, safety, or
14		welfare of that minor or the period of time was
15		unreasonable shall be determined by considering the
16		following factors, including, but not limited to, the
17		following:
18		(1) the age of the minor;
19		(2) the number of minors left at the location;
20		(3) the special needs of the minor, including
21		whether the minor is a person with a physical or mental
22		disability, or is otherwise in need of ongoing
23		prescribed medical treatment, such as periodic doses
24		of insulin or other medications;
25		(4) the duration of time in which the minor was
26		left without supervision;

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1		(5) the condition and location of the place where
2		the minor was left without supervision;
3		(6) the time of day or night when the minor was
4		left without supervision;
5		(7) the weather conditions, including whether the
6		minor was left in a location with adequate protection
7		from the natural elements, such as adequate heat or
8		light;
9		(8) the location of the parent or guardian at the
10		time the minor was left without supervision and , the
11		physical distance the minor was from the parent or
12		guardian at the time the minor was without
13		supervision;
14		(9) whether the minor's movement was restricted,
15		or the minor was otherwise locked within a room or
16		other structure;
17		(10) whether the minor was given a phone number of
18		a person or location to call in the event of an
19		emergency and whether the minor was capable of making
20		an emergency call;
21		(11) whether there was food and other provision
22		left for the minor;
23		(12) whether any of the conduct is attributable to
24		economic hardship or illness and the parent, guardian,
25		or other person having physical custody or control of
26		the child made a good faith effort to provide for the

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1		health and safety of the minor;
2		(13) the age and physical and mental capabilities
3		of the person or persons who provided supervision for
4		the minor;
5		(14) whether the minor was left under the
6		supervision of another person;
7		(15) any other factor that would endanger the
8		health and safety of that particular minor; or
9		(e) any minor who has been provided with interim
10		crisis intervention services under Section 3-5 of this Act
11		and whose parent, guardian, or custodian refuses to permit
12		the minor to return home unless the minor is an immediate
13		physical danger to the minor or others living in the home.
14		A minor shall not be considered neglected for the sole
15		reason that the minor has been relinquished in accordance with
16		the Abandoned Newborn Infant Protection Act.
17		(1.5) A minor shall not be considered neglected for the
18		sole reason that the minor's parent or other person
19		responsible for the minor's welfare permits the minor to
20		engage in independent activities unless the minor was
21		permitted to engage in independent activities under
22		circumstances presenting unreasonable risk of harm to the
23		minor's mental or physical health, safety, or well-being.
24		"Independent activities" includes, but is not limited to:
25		(a) traveling to and from school, including by
26		walking, running, or bicycling;

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1		(b) traveling to and from nearby commercial or
2		recreational facilities;
3		(c) engaging in outdoor play;
4		(d) remaining in a vehicle unattended, except as
5		otherwise provided by law;
6		(e) remaining at home or at a similarly appropriate
7		location unattended; or
8		(f) engaging in a similar independent activity alone
9		or with other children.
10		In determining whether an independent activity presented
11		unreasonable risk of harm, the court shall consider:
12		(1) whether the activity is accepted as suitable for
13		minors of the same age, maturity level, and developmental
14		capacity as the involved minor;
15		(2) the factors listed in items (1) through (15) of
16		paragraph (d) of subsection (1); and
17		(3) any other factor the court deems relevant.
18		(2) Those who are abused include any minor under 18 years
19		of age or a minor 18 years of age or older for whom the court
20		has made a finding of probable cause to believe that the minor
21		is abused, neglected, or dependent under subsection (1) of
22		Section 2-10 prior to the minor's 18th birthday whose parent
23		or immediate family member, or any person responsible for the
24		minor's welfare, or any person who is in the same family or
25		household as the minor, or any individual residing in the same
26		home as the minor, or a paramour of the minor's parent:

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1		(i) inflicts, causes to be inflicted, or allows to be
2		inflicted upon such minor physical injury, by other than
3		accidental means, which causes death, disfigurement,
4		impairment of physical or emotional health, or loss or
5		impairment of any bodily function;
6		(ii) creates a substantial risk of physical injury to
7		such minor by other than accidental means which would be
8		likely to cause death, disfigurement, impairment of
9		emotional health, or loss or impairment of any bodily
10		function;
11		(iii) commits or allows to be committed any sex
12		offense against such minor, as such sex offenses are
13		defined in the Criminal Code of 1961 or the Criminal Code
14		of 2012, or in the Wrongs to Children Act, and extending
15		those definitions of sex offenses to include minors under
16		18 years of age;
17		(iv) commits or allows to be committed an act or acts
18		of torture upon such minor;
19		(v) inflicts excessive corporal punishment;
20		(vi) commits or allows to be committed the offense of
21		involuntary servitude, involuntary sexual servitude of a
22		minor, or trafficking in persons as defined in Section
23		10-9 of the Criminal Code of 1961 or the Criminal Code of
24		2012, upon such minor; or
25		(vii) allows, encourages, or requires a minor to
26		commit any act of prostitution, as defined in the Criminal

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1		Code of 1961 or the Criminal Code of 2012, and extending
2		those definitions to include minors under 18 years of age.
3		A minor shall not be considered abused for the sole reason
4		that the minor has been relinquished in accordance with the
5		Abandoned Newborn Infant Protection Act.
6		(3) This Section does not apply to a minor who would be
7		included herein solely for the purpose of qualifying for
8		financial assistance for the minor or , the minor's parents,
9		guardian, or custodian.
10		(4) The changes made by Public Act 101-79 this amendatory
11		Act of the 101st General Assembly apply to a case that is
12		pending on or after July 12, 2019 (the effective date of Public
13		Act 101-79) this amendatory Act of the 101st General Assembly.
14		(Source: P.A. 103-22, eff. 8-8-23; 103-233, eff. 6-30-23;
15		revised 8-30-23.)
16		(705 ILCS 405/2-6) (from Ch. 37, par. 802-6)
17		Sec. 2-6. Duty of officer. (1) A law enforcement officer
18		who takes a minor into custody under Section 2-5 shall
19		immediately make a reasonable attempt to notify the parent or
20		other person legally responsible for the minor's care or the
21		person with whom the minor resides that the minor has been
22		taken into custody and where the minor is being held.
23		(a) A law enforcement officer who takes a minor into
24		custody with a warrant shall without unnecessary delay
25		take the minor to the nearest juvenile police officer

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1		designated for such purposes in the county of venue.
2		(b) A law enforcement officer who takes a minor into
3		custody without a warrant shall place the minor in
4		temporary protective custody and shall immediately notify
5		the Department of Children and Family Services by
6		contacting either the central register established under
7		Section 7.7 of the Abused and Neglected Child Reporting
8		Act or the nearest Department of Children and Family
9		Services office. If there is reasonable cause to suspect
10		that a minor has died as a result of abuse or neglect, the
11		law enforcement officer shall immediately report such
12		suspected abuse or neglect to the appropriate medical
13		examiner or coroner.
14		(Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.)
15		(705 ILCS 405/2-9) (from Ch. 37, par. 802-9)
16		Sec. 2-9. Setting of temporary custody hearing; notice;
17		release.
18		(1) Unless sooner released, a minor, as defined in Section
19		2-3 or 2-4 of this Act, taken into temporary protective
20		custody must be brought before a judicial officer within 48
21		hours, exclusive of Saturdays, Sundays, and court-designated
22		holidays, for a temporary custody hearing to determine whether
23		the minor shall be further held in custody.
24		(2) If the probation officer or such other public officer
25		designated by the court determines that the minor should be

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1		retained in custody, the probation officer or such other
2		public officer designated by the court shall cause a petition
3		to be filed as provided in Section 2-13 of this Article, and
4		the clerk of the court shall set the matter for hearing on the
5		temporary custody hearing calendar. When a parent, guardian,
6		custodian, or responsible relative is present and so requests,
7		the temporary custody hearing shall be held immediately if the
8		court is in session, otherwise at the earliest feasible time.
9		The petitioner through counsel or such other public officer
10		designated by the court shall ensure insure notification to
11		the minor's parent, guardian, custodian, or responsible
12		relative of the time and place of the hearing by the best
13		practicable notice, allowing for oral notice in place of
14		written notice only if provision of written notice is
15		unreasonable under the circumstances.
16		(3) The minor must be released from temporary protective
17		custody at the expiration of the 48-hour 48 hour period
18		specified by this Section if not brought before a judicial
19		officer within that period.
20		(Source: P.A. 103-22, eff. 8-8-23; revised 9-25-23.)
21		(705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
22		Sec. 2-10. Temporary custody hearing. At the appearance of
23		the minor before the court at the temporary custody hearing,
24		all witnesses present shall be examined before the court in
25		relation to any matter connected with the allegations made in

HB4844 Engrossed - 1731 - LRB103 39009 AMC 69146 b
1		the petition.
2		(1) If the court finds that there is not probable cause to
3		believe that the minor is abused, neglected, or dependent it
4		shall release the minor and dismiss the petition.
5		(2) If the court finds that there is probable cause to
6		believe that the minor is abused, neglected, or dependent, the
7		court shall state in writing the factual basis supporting its
8		finding and the minor, the minor's parent, guardian, or
9		custodian, and other persons able to give relevant testimony
10		shall be examined before the court. The Department of Children
11		and Family Services shall give testimony concerning indicated
12		reports of abuse and neglect, of which they are aware through
13		the central registry, involving the minor's parent, guardian,
14		or custodian. After such testimony, the court may, consistent
15		with the health, safety, and best interests of the minor,
16		enter an order that the minor shall be released upon the
17		request of parent, guardian, or custodian if the parent,
18		guardian, or custodian appears to take custody. If it is
19		determined that a parent's, guardian's, or custodian's
20		compliance with critical services mitigates the necessity for
21		removal of the minor from the minor's home, the court may enter
22		an Order of Protection setting forth reasonable conditions of
23		behavior that a parent, guardian, or custodian must observe
24		for a specified period of time, not to exceed 12 months,
25		without a violation; provided, however, that the 12-month
26		period shall begin anew after any violation. "Custodian"

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1		includes the Department of Children and Family Services, if it
2		has been given custody of the child, or any other agency of the
3		State which has been given custody or wardship of the child. If
4		it is consistent with the health, safety, and best interests
5		of the minor, the court may also prescribe shelter care and
6		order that the minor be kept in a suitable place designated by
7		the court or in a shelter care facility designated by the
8		Department of Children and Family Services or a licensed child
9		welfare agency; however, on and after January 1, 2015 (the
10		effective date of Public Act 98-803) and before January 1,
11		2017, a minor charged with a criminal offense under the
12		Criminal Code of 1961 or the Criminal Code of 2012 or
13		adjudicated delinquent shall not be placed in the custody of
14		or committed to the Department of Children and Family Services
15		by any court, except a minor less than 16 years of age and
16		committed to the Department of Children and Family Services
17		under Section 5-710 of this Act or a minor for whom an
18		independent basis of abuse, neglect, or dependency exists; and
19		on and after January 1, 2017, a minor charged with a criminal
20		offense under the Criminal Code of 1961 or the Criminal Code of
21		2012 or adjudicated delinquent shall not be placed in the
22		custody of or committed to the Department of Children and
23		Family Services by any court, except a minor less than 15 years
24		of age and committed to the Department of Children and Family
25		Services under Section 5-710 of this Act or a minor for whom an
26		independent basis of abuse, neglect, or dependency exists. An

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1		independent basis exists when the allegations or adjudication
2		of abuse, neglect, or dependency do not arise from the same
3		facts, incident, or circumstances which give rise to a charge
4		or adjudication of delinquency.
5		In placing the minor, the Department or other agency
6		shall, to the extent compatible with the court's order, comply
7		with Section 7 of the Children and Family Services Act. In
8		determining the health, safety, and best interests of the
9		minor to prescribe shelter care, the court must find that it is
10		a matter of immediate and urgent necessity for the safety, and
11		protection of the minor or of the person or property of another
12		that the minor be placed in a shelter care facility or that the
13		minor is likely to flee the jurisdiction of the court, and must
14		further find that reasonable efforts have been made or that,
15		consistent with the health, safety and best interests of the
16		minor, no efforts reasonably can be made to prevent or
17		eliminate the necessity of removal of the minor from the
18		minor's home. The court shall require documentation from the
19		Department of Children and Family Services as to the
20		reasonable efforts that were made to prevent or eliminate the
21		necessity of removal of the minor from the minor's home or the
22		reasons why no efforts reasonably could be made to prevent or
23		eliminate the necessity of removal. When a minor is placed in
24		the home of a relative, the Department of Children and Family
25		Services shall complete a preliminary background review of the
26		members of the minor's custodian's household in accordance

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1		with Section 4.3 of the Child Care Act of 1969 within 90 days
2		of that placement. If the minor is ordered placed in a shelter
3		care facility of the Department of Children and Family
4		Services or a licensed child welfare agency, the court shall,
5		upon request of the appropriate Department or other agency,
6		appoint the Department of Children and Family Services
7		Guardianship Administrator or other appropriate agency
8		executive temporary custodian of the minor and the court may
9		enter such other orders related to the temporary custody as it
10		deems fit and proper, including the provision of services to
11		the minor or the minor's family to ameliorate the causes
12		contributing to the finding of probable cause or to the
13		finding of the existence of immediate and urgent necessity.
14		Where the Department of Children and Family Services
15		Guardianship Administrator is appointed as the executive
16		temporary custodian, the Department of Children and Family
17		Services shall file with the court and serve on the parties a
18		parent-child visiting plan, within 10 days, excluding weekends
19		and holidays, after the appointment. The parent-child visiting
20		plan shall set out the time and place of visits, the frequency
21		of visits, the length of visits, who shall be present at the
22		visits, and where appropriate, the minor's opportunities to
23		have telephone and mail communication with the parents.
24		Where the Department of Children and Family Services
25		Guardianship Administrator is appointed as the executive
26		temporary custodian, and when the child has siblings in care,

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1		the Department of Children and Family Services shall file with
2		the court and serve on the parties a sibling placement and
3		contact plan within 10 days, excluding weekends and holidays,
4		after the appointment. The sibling placement and contact plan
5		shall set forth whether the siblings are placed together, and
6		if they are not placed together, what, if any, efforts are
7		being made to place them together. If the Department has
8		determined that it is not in a child's best interest to be
9		placed with a sibling, the Department shall document in the
10		sibling placement and contact plan the basis for its
11		determination. For siblings placed separately, the sibling
12		placement and contact plan shall set the time and place for
13		visits, the frequency of the visits, the length of visits, who
14		shall be present for the visits, and where appropriate, the
15		child's opportunities to have contact with their siblings in
16		addition to in person contact. If the Department determines it
17		is not in the best interest of a sibling to have contact with a
18		sibling, the Department shall document in the sibling
19		placement and contact plan the basis for its determination.
20		The sibling placement and contact plan shall specify a date
21		for development of the Sibling Contact Support Plan, under
22		subsection (f) of Section 7.4 of the Children and Family
23		Services Act, and shall remain in effect until the Sibling
24		Contact Support Plan is developed.
25		For good cause, the court may waive the requirement to
26		file the parent-child visiting plan or the sibling placement

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1		and contact plan, or extend the time for filing either plan.
2		Any party may, by motion, request the court to review the
3		parent-child visiting plan to determine whether it is
4		reasonably calculated to expeditiously facilitate the
5		achievement of the permanency goal. A party may, by motion,
6		request the court to review the parent-child visiting plan or
7		the sibling placement and contact plan to determine whether it
8		is consistent with the minor's best interest. The court may
9		refer the parties to mediation where available. The frequency,
10		duration, and locations of visitation shall be measured by the
11		needs of the child and family, and not by the convenience of
12		Department personnel. Child development principles shall be
13		considered by the court in its analysis of how frequent
14		visitation should be, how long it should last, where it should
15		take place, and who should be present. If upon motion of the
16		party to review either plan and after receiving evidence, the
17		court determines that the parent-child visiting plan is not
18		reasonably calculated to expeditiously facilitate the
19		achievement of the permanency goal or that the restrictions
20		placed on parent-child contact or sibling placement or contact
21		are contrary to the child's best interests, the court shall
22		put in writing the factual basis supporting the determination
23		and enter specific findings based on the evidence. The court
24		shall enter an order for the Department to implement changes
25		to the parent-child visiting plan or sibling placement or
26		contact plan, consistent with the court's findings. At any

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1		stage of proceeding, any party may by motion request the court
2		to enter any orders necessary to implement the parent-child
3		visiting plan, sibling placement or contact plan, or
4		subsequently developed Sibling Contact Support Plan. Nothing
5		under this subsection (2) shall restrict the court from
6		granting discretionary authority to the Department to increase
7		opportunities for additional parent-child contacts or sibling
8		contacts, without further court orders. Nothing in this
9		subsection (2) shall restrict the Department from immediately
10		restricting or terminating parent-child contact or sibling
11		contacts, without either amending the parent-child visiting
12		plan or the sibling contact plan or obtaining a court order,
13		where the Department or its assigns reasonably believe there
14		is an immediate need to protect the child's health, safety,
15		and welfare. Such restrictions or terminations must be based
16		on available facts to the Department and its assigns when
17		viewed in light of the surrounding circumstances and shall
18		only occur on an individual case-by-case basis. The Department
19		shall file with the court and serve on the parties any
20		amendments to the plan within 10 days, excluding weekends and
21		holidays, of the change of the visitation.
22		Acceptance of services shall not be considered an
23		admission of any allegation in a petition made pursuant to
24		this Act, nor may a referral of services be considered as
25		evidence in any proceeding pursuant to this Act, except where
26		the issue is whether the Department has made reasonable

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1		efforts to reunite the family. In making its findings that it
2		is consistent with the health, safety, and best interests of
3		the minor to prescribe shelter care, the court shall state in
4		writing (i) the factual basis supporting its findings
5		concerning the immediate and urgent necessity for the
6		protection of the minor or of the person or property of another
7		and (ii) the factual basis supporting its findings that
8		reasonable efforts were made to prevent or eliminate the
9		removal of the minor from the minor's home or that no efforts
10		reasonably could be made to prevent or eliminate the removal
11		of the minor from the minor's home. The parents, guardian,
12		custodian, temporary custodian, and minor shall each be
13		furnished a copy of such written findings. The temporary
14		custodian shall maintain a copy of the court order and written
15		findings in the case record for the child. The order together
16		with the court's findings of fact in support thereof shall be
17		entered of record in the court.
18		Once the court finds that it is a matter of immediate and
19		urgent necessity for the protection of the minor that the
20		minor be placed in a shelter care facility, the minor shall not
21		be returned to the parent, custodian, or guardian until the
22		court finds that such placement is no longer necessary for the
23		protection of the minor.
24		If the child is placed in the temporary custody of the
25		Department of Children and Family Services for the minor's
26		protection, the court shall admonish the parents, guardian,

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1		custodian, or responsible relative that the parents must
2		cooperate with the Department of Children and Family Services,
3		comply with the terms of the service plans, and correct the
4		conditions which require the child to be in care, or risk
5		termination of their parental rights. The court shall ensure,
6		by inquiring in open court of each parent, guardian,
7		custodian, or responsible relative, that the parent, guardian,
8		custodian, or responsible relative has had the opportunity to
9		provide the Department with all known names, addresses, and
10		telephone numbers of each of the minor's living adult
11		relatives, including, but not limited to, grandparents,
12		siblings of the minor's parents, and siblings. The court shall
13		advise the parents, guardian, custodian, or responsible
14		relative to inform the Department if additional information
15		regarding the minor's adult relatives becomes available.
16		(3) If prior to the shelter care hearing for a minor
17		described in Sections 2-3, 2-4, 3-3, and 4-3 the moving party
18		is unable to serve notice on the party respondent, the shelter
19		care hearing may proceed ex parte. A shelter care order from an
20		ex parte hearing shall be endorsed with the date and hour of
21		issuance and shall be filed with the clerk's office and
22		entered of record. The order shall expire after 10 days from
23		the time it is issued unless before its expiration it is
24		renewed, at a hearing upon appearance of the party respondent,
25		or upon an affidavit of the moving party as to all diligent
26		efforts to notify the party respondent by notice as herein

HB4844 Engrossed - 1740 - LRB103 39009 AMC 69146 b
1		prescribed. The notice prescribed shall be in writing and
2		shall be personally delivered to the minor or the minor's
3		attorney and to the last known address of the other person or
4		persons entitled to notice. The notice shall also state the
5		nature of the allegations, the nature of the order sought by
6		the State, including whether temporary custody is sought, and
7		the consequences of failure to appear and shall contain a
8		notice that the parties will not be entitled to further
9		written notices or publication notices of proceedings in this
10		case, including the filing of an amended petition or a motion
11		to terminate parental rights, except as required by Supreme
12		Court Rule 11; and shall explain the right of the parties and
13		the procedures to vacate or modify a shelter care order as
14		provided in this Section. The notice for a shelter care
15		hearing shall be substantially as follows:
16		NOTICE TO PARENTS AND CHILDREN
17		OF SHELTER CARE HEARING
18		On ................ at ........., before the Honorable
19		................, (address:) ................., the State
20		of Illinois will present evidence (1) that (name of child
21		or children) ....................... are abused,
22		neglected, or dependent for the following reasons:
23		.............................................. and (2)
24		whether there is "immediate and urgent necessity" to
25		remove the child or children from the responsible
26		relative.

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1		YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
2		PLACEMENT of the child or children in foster care until a
3		trial can be held. A trial may not be held for up to 90
4		days. You will not be entitled to further notices of
5		proceedings in this case, including the filing of an
6		amended petition or a motion to terminate parental rights.
7		At the shelter care hearing, parents have the
8		following rights:
9		1. To ask the court to appoint a lawyer if they
10		cannot afford one.
11		2. To ask the court to continue the hearing to
12		allow them time to prepare.
13		3. To present evidence concerning:
14		a. Whether or not the child or children were
15		abused, neglected or dependent.
16		b. Whether or not there is "immediate and
17		urgent necessity" to remove the child from home
18		(including: their ability to care for the child,
19		conditions in the home, alternative means of
20		protecting the child other than removal).
21		c. The best interests of the child.
22		4. To cross examine the State's witnesses.
23		The Notice for rehearings shall be substantially as
24		follows:
25		NOTICE OF PARENT'S AND CHILDREN'S RIGHTS

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1		TO REHEARING ON TEMPORARY CUSTODY
2		If you were not present at and did not have adequate
3		notice of the Shelter Care Hearing at which temporary
4		custody of ............... was awarded to
5		................, you have the right to request a full
6		rehearing on whether the State should have temporary
7		custody of ................. To request this rehearing,
8		you must file with the Clerk of the Juvenile Court
9		(address): ........................, in person or by
10		mailing a statement (affidavit) setting forth the
11		following:
12		1. That you were not present at the shelter care
13		hearing.
14		2. That you did not get adequate notice
15		(explaining how the notice was inadequate).
16		3. Your signature.
17		4. Signature must be notarized.
18		The rehearing should be scheduled within 48 hours of
19		your filing this affidavit.
20		At the rehearing, your rights are the same as at the
21		initial shelter care hearing. The enclosed notice explains
22		those rights.
23		At the Shelter Care Hearing, children have the
24		following rights:
25		1. To have a guardian ad litem appointed.
26		2. To be declared competent as a witness and to

HB4844 Engrossed - 1743 - LRB103 39009 AMC 69146 b
1		present testimony concerning:
2		a. Whether they are abused, neglected or
3		dependent.
4		b. Whether there is "immediate and urgent
5		necessity" to be removed from home.
6		c. Their best interests.
7		3. To cross examine witnesses for other parties.
8		4. To obtain an explanation of any proceedings and
9		orders of the court.
10		(4) If the parent, guardian, legal custodian, responsible
11		relative, minor age 8 or over, or counsel of the minor did not
12		have actual notice of or was not present at the shelter care
13		hearing, the parent, guardian, legal custodian, responsible
14		relative, minor age 8 or over, or counsel of the minor may file
15		an affidavit setting forth these facts, and the clerk shall
16		set the matter for rehearing not later than 48 hours,
17		excluding Sundays and legal holidays, after the filing of the
18		affidavit. At the rehearing, the court shall proceed in the
19		same manner as upon the original hearing.
20		(5) Only when there is reasonable cause to believe that
21		the minor taken into custody is a person described in
22		subsection (3) of Section 5-105 may the minor be kept or
23		detained in a detention home or county or municipal jail. This
24		Section shall in no way be construed to limit subsection (6).
25		(6) No minor under 16 years of age may be confined in a
26		jail or place ordinarily used for the confinement of prisoners

HB4844 Engrossed - 1744 - LRB103 39009 AMC 69146 b
1		in a police station. Minors under 18 years of age must be kept
2		separate from confined adults and may not at any time be kept
3		in the same cell, room, or yard with adults confined pursuant
4		to the criminal law.
5		(7) If the minor is not brought before a judicial officer
6		within the time period as specified in Section 2-9, the minor
7		must immediately be released from custody.
8		(8) If neither the parent, guardian, or custodian appears
9		within 24 hours to take custody of a minor released upon
10		request pursuant to subsection (2) of this Section, then the
11		clerk of the court shall set the matter for rehearing not later
12		than 7 days after the original order and shall issue a summons
13		directed to the parent, guardian, or custodian to appear. At
14		the same time the probation department shall prepare a report
15		on the minor. If a parent, guardian, or custodian does not
16		appear at such rehearing, the judge may enter an order
17		prescribing that the minor be kept in a suitable place
18		designated by the Department of Children and Family Services
19		or a licensed child welfare agency.
20		(9) Notwithstanding any other provision of this Section
21		any interested party, including the State, the temporary
22		custodian, an agency providing services to the minor or family
23		under a service plan pursuant to Section 8.2 of the Abused and
24		Neglected Child Reporting Act, foster parent, or any of their
25		representatives, on notice to all parties entitled to notice,
26		may file a motion that it is in the best interests of the minor

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1		to modify or vacate a temporary custody order on any of the
2		following grounds:
3		(a) It is no longer a matter of immediate and urgent
4		necessity that the minor remain in shelter care; or
5		(b) There is a material change in the circumstances of
6		the natural family from which the minor was removed and
7		the child can be cared for at home without endangering the
8		child's health or safety; or
9		(c) A person not a party to the alleged abuse, neglect
10		or dependency, including a parent, relative, or legal
11		guardian, is capable of assuming temporary custody of the
12		minor; or
13		(d) Services provided by the Department of Children
14		and Family Services or a child welfare agency or other
15		service provider have been successful in eliminating the
16		need for temporary custody and the child can be cared for
17		at home without endangering the child's health or safety.
18		In ruling on the motion, the court shall determine whether
19		it is consistent with the health, safety, and best interests
20		of the minor to modify or vacate a temporary custody order. If
21		the minor is being restored to the custody of a parent, legal
22		custodian, or guardian who lives outside of Illinois, and an
23		Interstate Compact has been requested and refused, the court
24		may order the Department of Children and Family Services to
25		arrange for an assessment of the minor's proposed living
26		arrangement and for ongoing monitoring of the health, safety,

HB4844 Engrossed - 1746 - LRB103 39009 AMC 69146 b
1		and best interest of the minor and compliance with any order of
2		protective supervision entered in accordance with Section 2-20
3		or 2-25.
4		The clerk shall set the matter for hearing not later than
5		14 days after such motion is filed. In the event that the court
6		modifies or vacates a temporary custody order but does not
7		vacate its finding of probable cause, the court may order that
8		appropriate services be continued or initiated in behalf of
9		the minor and the minor's family.
10		(10) When the court finds or has found that there is
11		probable cause to believe a minor is an abused minor as
12		described in subsection (2) of Section 2-3 and that there is an
13		immediate and urgent necessity for the abused minor to be
14		placed in shelter care, immediate and urgent necessity shall
15		be presumed for any other minor residing in the same household
16		as the abused minor provided:
17		(a) Such other minor is the subject of an abuse or
18		neglect petition pending before the court; and
19		(b) A party to the petition is seeking shelter care
20		for such other minor.
21		Once the presumption of immediate and urgent necessity has
22		been raised, the burden of demonstrating the lack of immediate
23		and urgent necessity shall be on any party that is opposing
24		shelter care for the other minor.
25		(11) The changes made to this Section by Public Act 98-61
26		apply to a minor who has been arrested or taken into custody on

HB4844 Engrossed - 1747 - LRB103 39009 AMC 69146 b
1		or after January 1, 2014 (the effective date of Public Act
2		98-61).
3		(12) After the court has placed a minor in the care of a
4		temporary custodian pursuant to this Section, any party may
5		file a motion requesting the court to grant the temporary
6		custodian the authority to serve as a surrogate decision maker
7		for the minor under the Health Care Surrogate Act for purposes
8		of making decisions pursuant to paragraph (1) of subsection
9		(b) of Section 20 of the Health Care Surrogate Act. The court
10		may grant the motion if it determines by clear and convincing
11		evidence that it is in the best interests of the minor to grant
12		the temporary custodian such authority. In making its
13		determination, the court shall weigh the following factors in
14		addition to considering the best interests factors listed in
15		subsection (4.05) of Section 1-3 of this Act:
16		(a) the efforts to identify and locate the respondents
17		and adult family members of the minor and the results of
18		those efforts;
19		(b) the efforts to engage the respondents and adult
20		family members of the minor in decision making on behalf
21		of the minor;
22		(c) the length of time the efforts in paragraphs (a)
23		and (b) have been ongoing;
24		(d) the relationship between the respondents and adult
25		family members and the minor;
26		(e) medical testimony regarding the extent to which

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1		the minor is suffering and the impact of a delay in
2		decision-making on the minor; and
3		(f) any other factor the court deems relevant.
4		If the Department of Children and Family Services is the
5		temporary custodian of the minor, in addition to the
6		requirements of paragraph (1) of subsection (b) of Section 20
7		of the Health Care Surrogate Act, the Department shall follow
8		its rules and procedures in exercising authority granted under
9		this subsection.
10		(Source: P.A. 102-489, eff. 8-20-21; 102-502, eff. 1-1-22;
11		102-813, eff. 5-13-22; 103-22, eff. 8-8-23; revised 9-20-23.)
12		(705 ILCS 405/2-20) (from Ch. 37, par. 802-20)
13		Sec. 2-20. Continuance under supervision.
14		(1) The court may enter an order of continuance under
15		supervision: (a) upon an admission or stipulation by the
16		appropriate respondent or minor respondent of the facts
17		supporting the petition and before proceeding to findings and
18		adjudication, or after hearing the evidence at the
19		adjudicatory hearing but before noting in the minutes of
20		proceeding a finding of whether or not the minor is abused,
21		neglected or dependent; and (b) in the absence of objection
22		made in open court by the minor, the minor's parent, guardian,
23		custodian, responsible relative, or defense attorney, or the
24		State's Attorney.
25		(2) If the minor, the minor's parent, guardian, custodian,

HB4844 Engrossed - 1749 - LRB103 39009 AMC 69146 b
1		responsible relative, or defense attorney, or the State's
2		Attorney, objects in open court to any such continuance and
3		insists upon proceeding to findings and adjudication, the
4		court shall so proceed.
5		(3) Nothing in this Section limits the power of the court
6		to order a continuance of the hearing for the production of
7		additional evidence or for any other proper reason.
8		(4) When a hearing where a minor is alleged to be abused,
9		neglected or dependent is continued pursuant to this Section,
10		the court may permit the minor to remain in the minor's home if
11		the court determines and makes written factual findings that
12		the minor can be cared for at home when consistent with the
13		minor's health, safety, and best interests, subject to such
14		conditions concerning the minor's conduct and supervision as
15		the court may require by order.
16		(5) If a petition is filed charging a violation of a
17		condition of the continuance under supervision, the court
18		shall conduct a hearing. If the court finds that such
19		condition of supervision has not been fulfilled the court may
20		proceed to findings and adjudication and disposition. The
21		filing of a petition for violation of a condition of the
22		continuance under supervision shall toll the period of
23		continuance under supervision until the final determination of
24		the charge, and the term of the continuance under supervision
25		shall not run until the hearing and disposition of the
26		petition for violation; provided where the petition alleges

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1		conduct that does not constitute a criminal offense, the
2		hearing must be held within 15 days of the filing of the
3		petition unless a delay in such hearing has been occasioned by
4		the minor, in which case the delay shall continue the tolling
5		of the period of continuance under supervision for the period
6		of such delay.
7		(Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.)
8		(705 ILCS 405/2-28)
9		Sec. 2-28. Court review.
10		(1) The court may require any legal custodian or guardian
11		of the person appointed under this Act to report periodically
12		to the court or may cite the legal custodian or guardian into
13		court and require the legal custodian, guardian, or the legal
14		custodian's or guardian's agency to make a full and accurate
15		report of the doings of the legal custodian, guardian, or
16		agency on behalf of the minor. The custodian or guardian,
17		within 10 days after such citation, or earlier if the court
18		determines it to be necessary to protect the health, safety,
19		or welfare of the minor, shall make the report, either in
20		writing verified by affidavit or orally under oath in open
21		court, or otherwise as the court directs. Upon the hearing of
22		the report the court may remove the custodian or guardian and
23		appoint another in the custodian's or guardian's stead or
24		restore the minor to the custody of the minor's parents or
25		former guardian or custodian. However, custody of the minor

HB4844 Engrossed - 1751 - LRB103 39009 AMC 69146 b
1		shall not be restored to any parent, guardian, or legal
2		custodian in any case in which the minor is found to be
3		neglected or abused under Section 2-3 or dependent under
4		Section 2-4 of this Act, unless the minor can be cared for at
5		home without endangering the minor's health or safety and it
6		is in the best interests of the minor, and if such neglect,
7		abuse, or dependency is found by the court under paragraph (1)
8		of Section 2-21 of this Act to have come about due to the acts
9		or omissions or both of such parent, guardian, or legal
10		custodian, until such time as an investigation is made as
11		provided in paragraph (5) and a hearing is held on the issue of
12		the fitness of such parent, guardian, or legal custodian to
13		care for the minor and the court enters an order that such
14		parent, guardian, or legal custodian is fit to care for the
15		minor.
16		(1.5) The public agency that is the custodian or guardian
17		of the minor shall file a written report with the court no
18		later than 15 days after a minor in the agency's care remains:
19		(1) in a shelter placement beyond 30 days;
20		(2) in a psychiatric hospital past the time when the
21		minor is clinically ready for discharge or beyond medical
22		necessity for the minor's health; or
23		(3) in a detention center or Department of Juvenile
24		Justice facility solely because the public agency cannot
25		find an appropriate placement for the minor.
26		The report shall explain the steps the agency is taking to

HB4844 Engrossed - 1752 - LRB103 39009 AMC 69146 b
1		ensure the minor is placed appropriately, how the minor's
2		needs are being met in the minor's shelter placement, and if a
3		future placement has been identified by the Department, why
4		the anticipated placement is appropriate for the needs of the
5		minor and the anticipated placement date.
6		(1.6) Within 30 days after placing a child in its care in a
7		qualified residential treatment program, as defined by the
8		federal Social Security Act, the Department of Children and
9		Family Services shall prepare a written report for filing with
10		the court and send copies of the report to all parties. Within
11		20 days of the filing of the report, or as soon thereafter as
12		the court's schedule allows but not more than 60 days from the
13		date of placement, the court shall hold a hearing to consider
14		the Department's report and determine whether placement of the
15		child in a qualified residential treatment program provides
16		the most effective and appropriate level of care for the child
17		in the least restrictive environment and if the placement is
18		consistent with the short-term and long-term goals for the
19		child, as specified in the permanency plan for the child. The
20		court shall approve or disapprove the placement. If
21		applicable, the requirements of Sections 2-27.1 and 2-27.2
22		must also be met. The Department's written report and the
23		court's written determination shall be included in and made
24		part of the case plan for the child. If the child remains
25		placed in a qualified residential treatment program, the
26		Department shall submit evidence at each status and permanency

HB4844 Engrossed - 1753 - LRB103 39009 AMC 69146 b
1		hearing:
2		(1) demonstrating that on-going assessment of the
3		strengths and needs of the child continues to support the
4		determination that the child's needs cannot be met through
5		placement in a foster family home, that the placement
6		provides the most effective and appropriate level of care
7		for the child in the least restrictive, appropriate
8		environment, and that the placement is consistent with the
9		short-term and long-term permanency goal for the child, as
10		specified in the permanency plan for the child;
11		(2) documenting the specific treatment or service
12		needs that should be met for the child in the placement and
13		the length of time the child is expected to need the
14		treatment or services; and
15		(3) the efforts made by the agency to prepare the
16		child to return home or to be placed with a fit and willing
17		relative, a legal guardian, or an adoptive parent, or in a
18		foster family home.
19		(2) The first permanency hearing shall be conducted by the
20		judge. Subsequent permanency hearings may be heard by a judge
21		or by hearing officers appointed or approved by the court in
22		the manner set forth in Section 2-28.1 of this Act. The initial
23		hearing shall be held (a) within 12 months from the date
24		temporary custody was taken, regardless of whether an
25		adjudication or dispositional hearing has been completed
26		within that time frame, (b) if the parental rights of both

HB4844 Engrossed - 1754 - LRB103 39009 AMC 69146 b
1		parents have been terminated in accordance with the procedure
2		described in subsection (5) of Section 2-21, within 30 days of
3		the order for termination of parental rights and appointment
4		of a guardian with power to consent to adoption, or (c) in
5		accordance with subsection (2) of Section 2-13.1. Subsequent
6		permanency hearings shall be held every 6 months or more
7		frequently if necessary in the court's determination following
8		the initial permanency hearing, in accordance with the
9		standards set forth in this Section, until the court
10		determines that the plan and goal have been achieved. Once the
11		plan and goal have been achieved, if the minor remains in
12		substitute care, the case shall be reviewed at least every 6
13		months thereafter, subject to the provisions of this Section,
14		unless the minor is placed in the guardianship of a suitable
15		relative or other person and the court determines that further
16		monitoring by the court does not further the health, safety,
17		or best interest of the child and that this is a stable
18		permanent placement. The permanency hearings must occur within
19		the time frames set forth in this subsection and may not be
20		delayed in anticipation of a report from any source or due to
21		the agency's failure to timely file its written report (this
22		written report means the one required under the next paragraph
23		and does not mean the service plan also referred to in that
24		paragraph).
25		The public agency that is the custodian or guardian of the
26		minor, or another agency responsible for the minor's care,

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1		shall ensure that all parties to the permanency hearings are
2		provided a copy of the most recent service plan prepared
3		within the prior 6 months at least 14 days in advance of the
4		hearing. If not contained in the agency's service plan, the
5		agency shall also include a report setting forth (i) any
6		special physical, psychological, educational, medical,
7		emotional, or other needs of the minor or the minor's family
8		that are relevant to a permanency or placement determination
9		and (ii) for any minor age 16 or over, a written description of
10		the programs and services that will enable the minor to
11		prepare for independent living. If not contained in the
12		agency's service plan, the agency's report shall specify if a
13		minor is placed in a licensed child care facility under a
14		corrective plan by the Department due to concerns impacting
15		the minor's safety and well-being. The report shall explain
16		the steps the Department is taking to ensure the safety and
17		well-being of the minor and that the minor's needs are met in
18		the facility. The agency's written report must detail what
19		progress or lack of progress the parent has made in correcting
20		the conditions requiring the child to be in care; whether the
21		child can be returned home without jeopardizing the child's
22		health, safety, and welfare, and, if not, what permanency goal
23		is recommended to be in the best interests of the child, and
24		why the other permanency goals are not appropriate. The
25		caseworker must appear and testify at the permanency hearing.
26		If a permanency hearing has not previously been scheduled by

HB4844 Engrossed - 1756 - LRB103 39009 AMC 69146 b
1		the court, the moving party shall move for the setting of a
2		permanency hearing and the entry of an order within the time
3		frames set forth in this subsection.
4		At the permanency hearing, the court shall determine the
5		future status of the child. The court shall set one of the
6		following permanency goals:
7		(A) The minor will be returned home by a specific date
8		within 5 months.
9		(B) The minor will be in short-term care with a
10		continued goal to return home within a period not to
11		exceed one year, where the progress of the parent or
12		parents is substantial giving particular consideration to
13		the age and individual needs of the minor.
14		(B-1) The minor will be in short-term care with a
15		continued goal to return home pending a status hearing.
16		When the court finds that a parent has not made reasonable
17		efforts or reasonable progress to date, the court shall
18		identify what actions the parent and the Department must
19		take in order to justify a finding of reasonable efforts
20		or reasonable progress and shall set a status hearing to
21		be held not earlier than 9 months from the date of
22		adjudication nor later than 11 months from the date of
23		adjudication during which the parent's progress will again
24		be reviewed.
25		(C) The minor will be in substitute care pending court
26		determination on termination of parental rights.

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1		(D) Adoption, provided that parental rights have been
2		terminated or relinquished.
3		(E) The guardianship of the minor will be transferred
4		to an individual or couple on a permanent basis provided
5		that goals (A) through (D) have been deemed inappropriate
6		and not in the child's best interests. The court shall
7		confirm that the Department has discussed adoption, if
8		appropriate, and guardianship with the caregiver prior to
9		changing a goal to guardianship.
10		(F) The minor over age 15 will be in substitute care
11		pending independence. In selecting this permanency goal,
12		the Department of Children and Family Services may provide
13		services to enable reunification and to strengthen the
14		minor's connections with family, fictive kin, and other
15		responsible adults, provided the services are in the
16		minor's best interest. The services shall be documented in
17		the service plan.
18		(G) The minor will be in substitute care because the
19		minor cannot be provided for in a home environment due to
20		developmental disabilities or mental illness or because
21		the minor is a danger to self or others, provided that
22		goals (A) through (D) have been deemed inappropriate and
23		not in the child's best interests.
24		In selecting any permanency goal, the court shall indicate
25		in writing the reasons the goal was selected and why the
26		preceding goals were deemed inappropriate and not in the

HB4844 Engrossed - 1758 - LRB103 39009 AMC 69146 b
1		child's best interest. Where the court has selected a
2		permanency goal other than (A), (B), or (B-1), the Department
3		of Children and Family Services shall not provide further
4		reunification services, except as provided in paragraph (F) of
5		this subsection (2), but shall provide services consistent
6		with the goal selected.
7		(H) Notwithstanding any other provision in this
8		Section, the court may select the goal of continuing
9		foster care as a permanency goal if:
10		(1) The Department of Children and Family Services
11		has custody and guardianship of the minor;
12		(2) The court has deemed all other permanency
13		goals inappropriate based on the child's best
14		interest;
15		(3) The court has found compelling reasons, based
16		on written documentation reviewed by the court, to
17		place the minor in continuing foster care. Compelling
18		reasons include:
19		(a) the child does not wish to be adopted or to
20		be placed in the guardianship of the minor's
21		relative or foster care placement;
22		(b) the child exhibits an extreme level of
23		need such that the removal of the child from the
24		minor's placement would be detrimental to the
25		child; or
26		(c) the child who is the subject of the

HB4844 Engrossed - 1759 - LRB103 39009 AMC 69146 b
1		permanency hearing has existing close and strong
2		bonds with a sibling, and achievement of another
3		permanency goal would substantially interfere with
4		the subject child's sibling relationship, taking
5		into consideration the nature and extent of the
6		relationship, and whether ongoing contact is in
7		the subject child's best interest, including
8		long-term emotional interest, as compared with the
9		legal and emotional benefit of permanence;
10		(4) The child has lived with the relative or
11		foster parent for at least one year; and
12		(5) The relative or foster parent currently caring
13		for the child is willing and capable of providing the
14		child with a stable and permanent environment.
15		The court shall set a permanency goal that is in the best
16		interest of the child. In determining that goal, the court
17		shall consult with the minor in an age-appropriate manner
18		regarding the proposed permanency or transition plan for the
19		minor. The court's determination shall include the following
20		factors:
21		(1) Age of the child.
22		(2) Options available for permanence, including both
23		out-of-state and in-state placement options.
24		(3) Current placement of the child and the intent of
25		the family regarding adoption.
26		(4) Emotional, physical, and mental status or

HB4844 Engrossed - 1760 - LRB103 39009 AMC 69146 b
1		condition of the child.
2		(5) Types of services previously offered and whether
3		or not the services were successful and, if not
4		successful, the reasons the services failed.
5		(6) Availability of services currently needed and
6		whether the services exist.
7		(7) Status of siblings of the minor.
8		The court shall consider (i) the permanency goal contained
9		in the service plan, (ii) the appropriateness of the services
10		contained in the plan and whether those services have been
11		provided, (iii) whether reasonable efforts have been made by
12		all the parties to the service plan to achieve the goal, and
13		(iv) whether the plan and goal have been achieved. All
14		evidence relevant to determining these questions, including
15		oral and written reports, may be admitted and may be relied on
16		to the extent of their probative value.
17		The court shall make findings as to whether, in violation
18		of Section 8.2 of the Abused and Neglected Child Reporting
19		Act, any portion of the service plan compels a child or parent
20		to engage in any activity or refrain from any activity that is
21		not reasonably related to remedying a condition or conditions
22		that gave rise or which could give rise to any finding of child
23		abuse or neglect. The services contained in the service plan
24		shall include services reasonably related to remedy the
25		conditions that gave rise to removal of the child from the home
26		of the child's parents, guardian, or legal custodian or that

HB4844 Engrossed - 1761 - LRB103 39009 AMC 69146 b
1		the court has found must be remedied prior to returning the
2		child home. Any tasks the court requires of the parents,
3		guardian, or legal custodian or child prior to returning the
4		child home must be reasonably related to remedying a condition
5		or conditions that gave rise to or which could give rise to any
6		finding of child abuse or neglect.
7		If the permanency goal is to return home, the court shall
8		make findings that identify any problems that are causing
9		continued placement of the children away from the home and
10		identify what outcomes would be considered a resolution to
11		these problems. The court shall explain to the parents that
12		these findings are based on the information that the court has
13		at that time and may be revised, should additional evidence be
14		presented to the court.
15		The court shall review the Sibling Contact Support Plan
16		developed or modified under subsection (f) of Section 7.4 of
17		the Children and Family Services Act, if applicable. If the
18		Department has not convened a meeting to develop or modify a
19		Sibling Contact Support Plan, or if the court finds that the
20		existing Plan is not in the child's best interest, the court
21		may enter an order requiring the Department to develop,
22		modify, or implement a Sibling Contact Support Plan, or order
23		mediation.
24		If the goal has been achieved, the court shall enter
25		orders that are necessary to conform the minor's legal custody
26		and status to those findings.

HB4844 Engrossed - 1762 - LRB103 39009 AMC 69146 b
1		If, after receiving evidence, the court determines that
2		the services contained in the plan are not reasonably
3		calculated to facilitate achievement of the permanency goal,
4		the court shall put in writing the factual basis supporting
5		the determination and enter specific findings based on the
6		evidence. The court also shall enter an order for the
7		Department to develop and implement a new service plan or to
8		implement changes to the current service plan consistent with
9		the court's findings. The new service plan shall be filed with
10		the court and served on all parties within 45 days of the date
11		of the order. The court shall continue the matter until the new
12		service plan is filed. Except as authorized by subsection
13		(2.5) of this Section and as otherwise specifically authorized
14		by law, the court is not empowered under this Section to order
15		specific placements, specific services, or specific service
16		providers to be included in the service plan.
17		A guardian or custodian appointed by the court pursuant to
18		this Act shall file updated case plans with the court every 6
19		months.
20		Rights of wards of the court under this Act are
21		enforceable against any public agency by complaints for relief
22		by mandamus filed in any proceedings brought under this Act.
23		(2.5) If, after reviewing the evidence, including evidence
24		from the Department, the court determines that the minor's
25		current or planned placement is not necessary or appropriate
26		to facilitate achievement of the permanency goal, the court

HB4844 Engrossed - 1763 - LRB103 39009 AMC 69146 b
1		shall put in writing the factual basis supporting its
2		determination and enter specific findings based on the
3		evidence. If the court finds that the minor's current or
4		planned placement is not necessary or appropriate, the court
5		may enter an order directing the Department to implement a
6		recommendation by the minor's treating clinician or a
7		clinician contracted by the Department to evaluate the minor
8		or a recommendation made by the Department. If the Department
9		places a minor in a placement under an order entered under this
10		subsection (2.5), the Department has the authority to remove
11		the minor from that placement when a change in circumstances
12		necessitates the removal to protect the minor's health,
13		safety, and best interest. If the Department determines
14		removal is necessary, the Department shall notify the parties
15		of the planned placement change in writing no later than 10
16		days prior to the implementation of its determination unless
17		remaining in the placement poses an imminent risk of harm to
18		the minor, in which case the Department shall notify the
19		parties of the placement change in writing immediately
20		following the implementation of its decision. The Department
21		shall notify others of the decision to change the minor's
22		placement as required by Department rule.
23		(3) Following the permanency hearing, the court shall
24		enter a written order that includes the determinations
25		required under subsection (2) of this Section and sets forth
26		the following:

HB4844 Engrossed - 1764 - LRB103 39009 AMC 69146 b
1		(a) The future status of the minor, including the
2		permanency goal, and any order necessary to conform the
3		minor's legal custody and status to such determination; or
4		(b) If the permanency goal of the minor cannot be
5		achieved immediately, the specific reasons for continuing
6		the minor in the care of the Department of Children and
7		Family Services or other agency for short-term placement,
8		and the following determinations:
9		(i) (Blank).
10		(ii) Whether the services required by the court
11		and by any service plan prepared within the prior 6
12		months have been provided and (A) if so, whether the
13		services were reasonably calculated to facilitate the
14		achievement of the permanency goal or (B) if not
15		provided, why the services were not provided.
16		(iii) Whether the minor's current or planned
17		placement is necessary, and appropriate to the plan
18		and goal, recognizing the right of minors to the least
19		restrictive (most family-like) setting available and
20		in close proximity to the parents' home consistent
21		with the health, safety, best interest, and special
22		needs of the minor and, if the minor is placed
23		out-of-state, whether the out-of-state placement
24		continues to be appropriate and consistent with the
25		health, safety, and best interest of the minor.
26		(iv) (Blank).

HB4844 Engrossed - 1765 - LRB103 39009 AMC 69146 b
1		(v) (Blank).
2		(4) The minor or any person interested in the minor may
3		apply to the court for a change in custody of the minor and the
4		appointment of a new custodian or guardian of the person or for
5		the restoration of the minor to the custody of the minor's
6		parents or former guardian or custodian.
7		When return home is not selected as the permanency goal:
8		(a) The Department, the minor, or the current foster
9		parent or relative caregiver seeking private guardianship
10		may file a motion for private guardianship of the minor.
11		Appointment of a guardian under this Section requires
12		approval of the court.
13		(b) The State's Attorney may file a motion to
14		terminate parental rights of any parent who has failed to
15		make reasonable efforts to correct the conditions which
16		led to the removal of the child or reasonable progress
17		toward the return of the child, as defined in subdivision
18		(D)(m) of Section 1 of the Adoption Act or for whom any
19		other unfitness ground for terminating parental rights as
20		defined in subdivision (D) of Section 1 of the Adoption
21		Act exists.
22		When parental rights have been terminated for a
23		minimum of 3 years and the child who is the subject of the
24		permanency hearing is 13 years old or older and is not
25		currently placed in a placement likely to achieve
26		permanency, the Department of Children and Family Services

HB4844 Engrossed - 1766 - LRB103 39009 AMC 69146 b
1		shall make reasonable efforts to locate parents whose
2		rights have been terminated, except when the Court
3		determines that those efforts would be futile or
4		inconsistent with the subject child's best interests. The
5		Department of Children and Family Services shall assess
6		the appropriateness of the parent whose rights have been
7		terminated, and shall, as appropriate, foster and support
8		connections between the parent whose rights have been
9		terminated and the youth. The Department of Children and
10		Family Services shall document its determinations and
11		efforts to foster connections in the child's case plan.
12		Custody of the minor shall not be restored to any parent,
13		guardian, or legal custodian in any case in which the minor is
14		found to be neglected or abused under Section 2-3 or dependent
15		under Section 2-4 of this Act, unless the minor can be cared
16		for at home without endangering the minor's health or safety
17		and it is in the best interest of the minor, and if such
18		neglect, abuse, or dependency is found by the court under
19		paragraph (1) of Section 2-21 of this Act to have come about
20		due to the acts or omissions or both of such parent, guardian,
21		or legal custodian, until such time as an investigation is
22		made as provided in paragraph (5) and a hearing is held on the
23		issue of the health, safety, and best interest of the minor and
24		the fitness of such parent, guardian, or legal custodian to
25		care for the minor and the court enters an order that such
26		parent, guardian, or legal custodian is fit to care for the

HB4844 Engrossed - 1767 - LRB103 39009 AMC 69146 b
1		minor. If a motion is filed to modify or vacate a private
2		guardianship order and return the child to a parent, guardian,
3		or legal custodian, the court may order the Department of
4		Children and Family Services to assess the minor's current and
5		proposed living arrangements and to provide ongoing monitoring
6		of the health, safety, and best interest of the minor during
7		the pendency of the motion to assist the court in making that
8		determination. In the event that the minor has attained 18
9		years of age and the guardian or custodian petitions the court
10		for an order terminating the minor's guardianship or custody,
11		guardianship or custody shall terminate automatically 30 days
12		after the receipt of the petition unless the court orders
13		otherwise. No legal custodian or guardian of the person may be
14		removed without the legal custodian's or guardian's consent
15		until given notice and an opportunity to be heard by the court.
16		When the court orders a child restored to the custody of
17		the parent or parents, the court shall order the parent or
18		parents to cooperate with the Department of Children and
19		Family Services and comply with the terms of an after-care
20		plan, or risk the loss of custody of the child and possible
21		termination of their parental rights. The court may also enter
22		an order of protective supervision in accordance with Section
23		2-24.
24		If the minor is being restored to the custody of a parent,
25		legal custodian, or guardian who lives outside of Illinois,
26		and an Interstate Compact has been requested and refused, the

HB4844 Engrossed - 1768 - LRB103 39009 AMC 69146 b
1		court may order the Department of Children and Family Services
2		to arrange for an assessment of the minor's proposed living
3		arrangement and for ongoing monitoring of the health, safety,
4		and best interest of the minor and compliance with any order of
5		protective supervision entered in accordance with Section
6		2-24.
7		(5) Whenever a parent, guardian, or legal custodian files
8		a motion for restoration of custody of the minor, and the minor
9		was adjudicated neglected, abused, or dependent as a result of
10		physical abuse, the court shall cause to be made an
11		investigation as to whether the movant has ever been charged
12		with or convicted of any criminal offense which would indicate
13		the likelihood of any further physical abuse to the minor.
14		Evidence of such criminal convictions shall be taken into
15		account in determining whether the minor can be cared for at
16		home without endangering the minor's health or safety and
17		fitness of the parent, guardian, or legal custodian.
18		(a) Any agency of this State or any subdivision
19		thereof shall cooperate with the agent of the court in
20		providing any information sought in the investigation.
21		(b) The information derived from the investigation and
22		any conclusions or recommendations derived from the
23		information shall be provided to the parent, guardian, or
24		legal custodian seeking restoration of custody prior to
25		the hearing on fitness and the movant shall have an
26		opportunity at the hearing to refute the information or

HB4844 Engrossed - 1769 - LRB103 39009 AMC 69146 b
1		contest its significance.
2		(c) All information obtained from any investigation
3		shall be confidential as provided in Section 5-150 of this
4		Act.
5		(Source: P.A. 102-193, eff. 7-30-21; 102-489, eff. 8-20-21;
6		102-813, eff. 5-13-22; 103-22, eff. 8-8-23; 103-154, eff.
7		6-30-23; 103-171, eff. 1-1-24; revised 12-15-23.)
8		(705 ILCS 405/3-5) (from Ch. 37, par. 803-5)
9		Sec. 3-5. Interim crisis intervention services.
10		(a) Any minor who is taken into limited custody, or who
11		independently requests or is referred for assistance, may be
12		provided crisis intervention services by an agency or
13		association, as defined in this Act, provided the association
14		or agency staff (i) immediately investigate the circumstances
15		of the minor and the facts surrounding the minor being taken
16		into custody and promptly explain these facts and
17		circumstances to the minor, and (ii) make a reasonable effort
18		to inform the minor's parent, guardian, or custodian of the
19		fact that the minor has been taken into limited custody and
20		where the minor is being kept, and (iii) if the minor consents,
21		make a reasonable effort to transport, arrange for the
22		transportation of, or otherwise release the minor to the
23		parent, guardian, or custodian. Upon release of the child who
24		is believed to need or benefit from medical, psychological,
25		psychiatric, or social services, the association or agency may

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1		inform the minor and the person to whom the minor is released
2		of the nature and location of appropriate services and shall,
3		if requested, assist in establishing contact between the
4		family and other associations or agencies providing such
5		services. If the agency or association is unable by all
6		reasonable efforts to contact a parent, guardian, or
7		custodian, or if the person contacted lives an unreasonable
8		distance away, or if the minor refuses to be taken to the
9		minor's home or other appropriate residence, or if the agency
10		or association is otherwise unable despite all reasonable
11		efforts to make arrangements for the safe return of the minor,
12		the minor may be taken to a temporary living arrangement which
13		is in compliance with the Child Care Act of 1969 or which is
14		with persons agreed to by the parents and the agency or
15		association.
16		(b) An agency or association is authorized to permit a
17		minor to be sheltered in a temporary living arrangement
18		provided the agency seeks to effect the minor's return home or
19		alternative living arrangements agreeable to the minor and the
20		parent, guardian, or custodian as soon as practicable. No
21		minor shall be sheltered in a temporary living arrangement for
22		more than 21 business days. Throughout such limited custody,
23		the agency or association shall work with the parent,
24		guardian, or custodian and the minor's local school district,
25		the Department of Human Services, the Department of Healthcare
26		and Family Services, the Department of Juvenile Justice, and

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1		the Department of Children and Family Services to identify
2		immediate and long-term treatment or placement. If at any time
3		during the crisis intervention there is a concern that the
4		minor has experienced abuse or neglect, the Comprehensive
5		Community Based-Youth Services provider shall contact the
6		Department of Children and Family Services as provided in the
7		Abused and Neglected Child Reporting Act. the minor
8		(c) Any agency or association or employee thereof acting
9		reasonably and in good faith in the care of a minor being
10		provided interim crisis intervention services and shelter care
11		shall be immune from any civil or criminal liability resulting
12		from such care.
13		(Source: P.A. 103-22, eff. 8-8-23; 103-546, eff. 8-11-23;
14		revised 8-30-23.)
15		(705 ILCS 405/3-6) (from Ch. 37, par. 803-6)
16		Sec. 3-6. Alternative voluntary residential placement.
17		(a) A minor and the minor's parent, guardian or custodian
18		may agree to an arrangement for alternative voluntary
19		residential placement, in compliance with the "Child Care Act
20		of 1969", without court order. Such placement may continue as
21		long as there is agreement.
22		(b) If the minor and the minor's parent, guardian or
23		custodian cannot agree to an arrangement for alternative
24		voluntary residential placement in the first instance, or
25		cannot agree to the continuation of such placement, and the

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1		minor refuses to return home, the minor or the minor's parent,
2		guardian or custodian, or a person properly acting at the
3		minor's request, may file with the court a petition alleging
4		that the minor requires authoritative intervention as
5		described in Section 3-3.
6		(Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.)
7		(705 ILCS 405/3-16) (from Ch. 37, par. 803-16)
8		Sec. 3-16. Date for adjudicatory hearing.
9		(a) (Blank).
10		(b)(1)(A) When a petition has been filed alleging that the
11		minor requires authoritative intervention, an adjudicatory
12		hearing shall be held within 120 days of a demand made by any
13		party, except that when the court determines that the State,
14		without success, has exercised due diligence to obtain
15		evidence material to the case and that there are reasonable
16		grounds to believe that such evidence may be obtained at a
17		later date, the court may, upon motion by the State, continue
18		the adjudicatory hearing for not more than 30 additional days.
19		The 120-day 120 day period in which an adjudicatory
20		hearing shall be held is tolled by: (i) delay occasioned by the
21		minor; or (ii) a continuance allowed pursuant to Section 114-4
22		of the Code of Criminal Procedure of 1963 after a court's
23		determination of the minor's physical incapacity for trial; or
24		(iii) an interlocutory appeal. Any such delay shall
25		temporarily suspend, for the time of the delay, the period

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1		within which the adjudicatory hearing must be held. On the day
2		of expiration of the delay, the said period shall continue at
3		the point at which it was suspended.
4		(B) When no such adjudicatory hearing is held within the
5		time required by paragraph (b)(1)(A) of this Section, the
6		court shall, upon motion by any party, dismiss the petition
7		with prejudice.
8		(2) Without affecting the applicability of the tolling and
9		multiple prosecution provisions of paragraph (b)(1) of this
10		Section, when a petition has been filed alleging that the
11		minor requires authoritative intervention and the minor is in
12		shelter care, the adjudicatory hearing shall be held within 10
13		judicial days after the date of the order directing shelter
14		care, or the earliest possible date in compliance with the
15		notice provisions of Sections 3-17 and 3-18 as to the
16		custodial parent, guardian, or legal custodian, but no later
17		than 30 judicial days from the date of the order of the court
18		directing shelter care.
19		(3) Any failure to comply with the time limits of
20		paragraph (b)(2) of this Section shall require the immediate
21		release of the minor from shelter care, and the time limits of
22		paragraph (b)(1) shall apply.
23		(4) Nothing in this Section prevents the minor or the
24		minor's parents or guardian from exercising their respective
25		rights to waive the time limits set forth in this Section.
26		(Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.)

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1		(705 ILCS 405/3-17) (from Ch. 37, par. 803-17)
2		Sec. 3-17. Summons.
3		(1) When a petition is filed, the clerk of the court shall
4		issue a summons with a copy of the petition attached. The
5		summons shall be directed to the minor's legal guardian or
6		custodian and to each person named as a respondent in the
7		petition, except that summons need not be directed to a minor
8		respondent under 8 years of age for whom the court appoints a
9		guardian ad litem if the guardian ad litem appears on behalf of
10		the minor in any proceeding under this Act.
11		(2) The summons must contain a statement that the minor or
12		any of the respondents is entitled to have an attorney present
13		at the hearing on the petition, and that the clerk of the court
14		should be notified promptly if the minor or any other
15		respondent desires to be represented by an attorney but is
16		financially unable to employ counsel.
17		(3) The summons shall be issued under the seal of the
18		court, attested to and signed with the name of the clerk of the
19		court, dated on the day it is issued, and shall require each
20		respondent to appear and answer the petition on the date set
21		for the adjudicatory hearing.
22		(4) The summons may be served by any county sheriff,
23		coroner, or probation officer, even though the officer is the
24		petitioner. The return of the summons with endorsement of
25		service by the officer is sufficient proof thereof.

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1		(5) Service of a summons and petition shall be made by: (a)
2		leaving a copy thereof with the person summoned at least 3 days
3		before the time stated therein for appearance; (b) leaving a
4		copy at the summoned person's usual place of abode with some
5		person of the family, of the age of 10 years or upwards, and
6		informing that person of the contents thereof, provided the
7		officer or other person making service shall also send a copy
8		of the summons in a sealed envelope with postage fully
9		prepaid, addressed to the person summoned at the person's
10		usual place of abode, at least 3 days before the time stated
11		therein for appearance; or (c) leaving a copy thereof with the
12		guardian or custodian of a minor, at least 3 days before the
13		time stated therein for appearance. If the guardian or
14		custodian is an agency of the State of Illinois, proper
15		service may be made by leaving a copy of the summons and
16		petition with any administrative employee of such agency
17		designated by such agency to accept service of summons and
18		petitions. The certificate of the officer or affidavit of the
19		person that the officer or person has sent the copy pursuant to
20		this Section is sufficient proof of service.
21		(6) When a parent or other person, who has signed a written
22		promise to appear and bring the minor to court or who has
23		waived or acknowledged service, fails to appear with the minor
24		on the date set by the court, a bench warrant may be issued for
25		the parent or other person, the minor, or both.
26		(7) The appearance of the minor's legal guardian or

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1		custodian, or a person named as a respondent in a petition, in
2		any proceeding under this Act shall constitute a waiver of
3		service of summons and submission to the jurisdiction of the
4		court. A copy of the summons and petition shall be provided to
5		the person at the time of the person's appearance.
6		(8) Fines or assessments, such as fees or administrative
7		costs, in the service of process shall not be ordered or
8		imposed on a minor or a minor's parent, guardian, or legal
9		custodian.
10		(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23;
11		revised 9-7-23.)
12		(705 ILCS 405/3-19) (from Ch. 37, par. 803-19)
13		Sec. 3-19. Guardian ad litem.
14		(1) Immediately upon the filing of a petition alleging
15		that the minor requires authoritative intervention, the court
16		may appoint a guardian ad litem for the minor if:
17		(a) such petition alleges that the minor is the victim
18		of sexual abuse or misconduct; or
19		(b) such petition alleges that charges alleging the
20		commission of any of the sex offenses defined in Article
21		11 or in Section Sections 11-1.20, 11-1.30, 11-1.40,
22		11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16
23		of the Criminal Code of 1961 or the Criminal Code of 2012,
24		have been filed against a defendant in any court and that
25		such minor is the alleged victim of the acts of the

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1		defendant in the commission of such offense.
2		(2) Unless the guardian ad litem appointed pursuant to
3		paragraph (1) is an attorney at law, the guardian ad litem
4		shall be represented in the performance of the guardian ad
5		litem's duties by counsel.
6		(3) Before proceeding with the hearing, the court shall
7		appoint a guardian ad litem for the minor if:
8		(a) no parent, guardian, custodian, or relative of the
9		minor appears at the first or any subsequent hearing of
10		the case;
11		(b) the petition prays for the appointment of a
12		guardian with power to consent to adoption; or
13		(c) the petition for which the minor is before the
14		court resulted from a report made pursuant to the Abused
15		and Neglected Child Reporting Act.
16		(4) The court may appoint a guardian ad litem for the minor
17		whenever it finds that there may be a conflict of interest
18		between the minor and the minor's parents or other custodian
19		or that it is otherwise in the minor's interest to do so.
20		(5) The reasonable fees of a guardian ad litem appointed
21		under this Section shall be fixed by the court and paid from
22		the general fund of the county.
23		(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23;
24		revised 8-30-23.)
25		(705 ILCS 405/3-21) (from Ch. 37, par. 803-21)

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1		Sec. 3-21. Continuance under supervision.
2		(1) The court may enter an order of continuance under
3		supervision (a) upon an admission or stipulation by the
4		appropriate respondent or minor respondent of the facts
5		supporting the petition and before proceeding to findings and
6		adjudication, or after hearing the evidence at the
7		adjudicatory hearing but before noting in the minutes of
8		proceedings a finding of whether or not the minor is a person
9		requiring authoritative intervention; and (b) in the absence
10		of objection made in open court by the minor, the minor's
11		parent, guardian, custodian, responsible relative, or defense
12		attorney, or the State's Attorney.
13		(2) If the minor, the minor's parent, guardian, custodian,
14		responsible relative, or defense attorney, or State's
15		Attorney, objects in open court to any such continuance and
16		insists upon proceeding to findings and adjudication, the
17		court shall so proceed.
18		(3) Nothing in this Section limits the power of the court
19		to order a continuance of the hearing for the production of
20		additional evidence or for any other proper reason.
21		(4) When a hearing where a minor is alleged to be a minor
22		requiring authoritative intervention is continued pursuant to
23		this Section, the court may permit the minor to remain in the
24		minor's home subject to such conditions concerning the minor's
25		conduct and supervision as the court may require by order.
26		(5) If a petition is filed charging a violation of a

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1		condition of the continuance under supervision, the court
2		shall conduct a hearing. If the court finds that such
3		condition of supervision has not been fulfilled the court may
4		proceed to findings and adjudication and disposition. The
5		filing of a petition for violation of a condition of the
6		continuance under supervision shall toll the period of
7		continuance under supervision until the final determination of
8		the charge, and the term of the continuance under supervision
9		shall not run until the hearing and disposition of the
10		petition for violation; provided where the petition alleges
11		conduct that does not constitute a criminal offense, the
12		hearing must be held within 15 days of the filing of the
13		petition unless a delay in such hearing has been occasioned by
14		the minor, in which case the delay shall continue the tolling
15		of the period of continuance under supervision for the period
16		of such delay.
17		(6) (Blank).
18		(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23;
19		revised 9-25-23.)
20		(705 ILCS 405/3-24) (from Ch. 37, par. 803-24)
21		Sec. 3-24. Kinds of dispositional orders.
22		(1) The following kinds of orders of disposition may be
23		made in respect to wards of the court: A minor found to be
24		requiring authoritative intervention under Section 3-3 may be
25		(a) committed to the Department of Children and Family

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1		Services, subject to Section 5 of the Children and Family
2		Services Act; (b) placed under supervision and released to the
3		minor's parents, guardian, or legal custodian; (c) placed in
4		accordance with Section 3-28 with or without also being placed
5		under supervision. Conditions of supervision may be modified
6		or terminated by the court if it deems that the best interests
7		of the minor and the public will be served thereby; (d) ordered
8		partially or completely emancipated in accordance with the
9		provisions of the Emancipation of Minors Act; or (e) subject
10		to having the minor's driver's license or driving privilege
11		suspended for such time as determined by the Court but only
12		until the minor attains 18 years of age.
13		(2) Any order of disposition may provide for protective
14		supervision under Section 3-25 and may include an order of
15		protection under Section 3-26.
16		(3) Unless the order of disposition expressly so provides,
17		it does not operate to close proceedings on the pending
18		petition, but is subject to modification until final closing
19		and discharge of the proceedings under Section 3-32.
20		(4) In addition to any other order of disposition, the
21		court may order any person found to be a minor requiring
22		authoritative intervention under Section 3-3 to make
23		restitution, in monetary or non-monetary form, under the terms
24		and conditions of Section 5-5-6 of the Unified Code of
25		Corrections, except that the "presentence hearing" referred to
26		therein shall be the dispositional hearing for purposes of

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1		this Section. The parent, guardian, or legal custodian of the
2		minor may pay some or all of such restitution on the minor's
3		behalf.
4		(5) Any order for disposition where the minor is committed
5		or placed in accordance with Section 3-28 shall provide for
6		the parents or guardian of the estate of such minor to pay to
7		the legal custodian or guardian of the person of the minor such
8		sums as are determined by the custodian or guardian of the
9		person of the minor as necessary for the minor's needs. Such
10		payments may not exceed the maximum amounts provided for by
11		Section 9.1 of the Children and Family Services Act.
12		(6) Whenever the order of disposition requires the minor
13		to attend school or participate in a program of training, the
14		truant officer or designated school official shall regularly
15		report to the court if the minor is a chronic or habitual
16		truant under Section 26-2a of the School Code.
17		(7) (Blank).
18		(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23;
19		revised 9-20-23.)
20		(705 ILCS 405/3-33.5)
21		Sec. 3-33.5. Truant minors in need of supervision.
22		(a) Definition. A minor who is reported by the office of
23		the regional superintendent of schools as a chronic truant may
24		be subject to a petition for adjudication and adjudged a
25		truant minor in need of supervision, provided that prior to

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1		the filing of the petition, the office of the regional
2		superintendent of schools or a community truancy review board
3		certifies that the local school has provided appropriate
4		truancy intervention services to the truant minor and the
5		minor's family. For purposes of this Section, "truancy
6		intervention services" means services designed to assist the
7		minor's return to an educational program, and includes, but is
8		not limited to: assessments, counseling, mental health
9		services, shelter, optional and alternative education
10		programs, tutoring, and educational advocacy. If, after review
11		by the regional office of education or community truancy
12		review board, it is determined the local school did not
13		provide the appropriate interventions, then the minor shall be
14		referred to a comprehensive community based youth service
15		agency for truancy intervention services. If the comprehensive
16		community based youth service agency is incapable to provide
17		intervention services, then this requirement for services is
18		not applicable. The comprehensive community based youth
19		service agency shall submit reports to the office of the
20		regional superintendent of schools or truancy review board
21		within 20, 40, and 80 school days of the initial referral or at
22		any other time requested by the office of the regional
23		superintendent of schools or truancy review board, which
24		reports each shall certify the date of the minor's referral
25		and the extent of the minor's progress and participation in
26		truancy intervention services provided by the comprehensive

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1		community based youth service agency. In addition, if, after
2		referral by the office of the regional superintendent of
3		schools or community truancy review board, the minor declines
4		or refuses to fully participate in truancy intervention
5		services provided by the comprehensive community based youth
6		service agency, then the agency shall immediately certify such
7		facts to the office of the regional superintendent of schools
8		or community truancy review board.
9		(a-1) There is a rebuttable presumption that a chronic
10		truant is a truant minor in need of supervision.
11		(a-2) There is a rebuttable presumption that school
12		records of a minor's attendance at school are authentic.
13		(a-3) For purposes of this Section, "chronic truant" has
14		the meaning ascribed to it in Section 26-2a of the School Code.
15		(a-4) For purposes of this Section, a "community truancy
16		review board" is a local community based board comprised of,
17		but not limited to: representatives from local comprehensive
18		community based youth service agencies, representatives from
19		court service agencies, representatives from local schools,
20		representatives from health service agencies, and
21		representatives from local professional and community
22		organizations as deemed appropriate by the office of the
23		regional superintendent of schools. The regional
24		superintendent of schools must approve the establishment and
25		organization of a community truancy review board, and the
26		regional superintendent of schools or the regional

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1		superintendent's designee shall chair the board.
2		(a-5) Nothing in this Section shall be construed to create
3		a private cause of action or right of recovery against a
4		regional office of education, its superintendent, or its staff
5		with respect to truancy intervention services where the
6		determination to provide the services is made in good faith.
7		(b) Kinds of dispositional orders. A minor found to be a
8		truant minor in need of supervision may be:
9		(1) committed to the appropriate regional
10		superintendent of schools for a student assistance team
11		staffing, a service plan, or referral to a comprehensive
12		community based youth service agency;
13		(2) required to comply with a service plan as
14		specifically provided by the appropriate regional
15		superintendent of schools;
16		(3) ordered to obtain counseling or other supportive
17		services;
18		(4) (blank);
19		(5) required to perform some reasonable public service
20		work that does not interfere with school hours,
21		school-related activities, or work commitments of the
22		minor or the minor's parent, guardian, or legal custodian;
23		or
24		(6) (blank).
25		A dispositional order may include public service only if
26		the court has made an express written finding that a truancy

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1		prevention program has been offered by the school, regional
2		superintendent of schools, or a comprehensive community based
3		youth service agency to the truant minor in need of
4		supervision.
5		(c) Orders entered under this Section may be enforced by
6		contempt proceedings. Fines or assessments, such as fees or
7		administrative costs, shall not be ordered or imposed in
8		contempt proceedings under this Section.
9		(Source: P.A. 102-456, eff. 1-1-22; 103-22, eff. 8-8-23;
10		103-379, eff. 7-28-23; revised 9-20-23.)
11		(705 ILCS 405/4-8) (from Ch. 37, par. 804-8)
12		Sec. 4-8. Setting of shelter care hearing.
13		(1) Unless sooner released, a minor alleged to be addicted
14		taken into temporary protective custody must be brought before
15		a judicial officer within 48 hours, exclusive of Saturdays,
16		Sundays, and holidays, for a shelter care hearing to determine
17		whether the minor shall be further held in custody.
18		(2) If the probation officer or such other public officer
19		designated by the court determines that the minor should be
20		retained in custody, the probation officer or such other
21		public officer designated by the court shall cause a petition
22		to be filed as provided in Section 4-12 of this Act, and the
23		clerk of the court shall set the matter for hearing on the
24		shelter care hearing calendar. When a parent, guardian,
25		custodian, or responsible relative is present and so requests,

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1		the shelter care hearing shall be held immediately if the
2		court is in session, otherwise at the earliest feasible time.
3		The probation officer or such other public officer designated
4		by the court shall notify the minor's parent, guardian,
5		custodian, or responsible relative of the time and place of
6		the hearing. The notice may be given orally.
7		(3) The minor must be released from custody at the
8		expiration of the 48-hour 48 hour period, as the case may be,
9		specified by this Section, if not brought before a judicial
10		officer within that period.
11		(Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.)
12		(705 ILCS 405/4-9) (from Ch. 37, par. 804-9)
13		Sec. 4-9. Shelter care hearing. At the appearance of the
14		minor before the court at the shelter care hearing, all
15		witnesses present shall be examined before the court in
16		relation to any matter connected with the allegations made in
17		the petition.
18		(1) If the court finds that there is not probable cause to
19		believe that the minor is addicted, it shall release the minor
20		and dismiss the petition.
21		(2) If the court finds that there is probable cause to
22		believe that the minor is addicted, the minor, the minor's
23		parent, guardian, or custodian, and other persons able to give
24		relevant testimony shall be examined before the court. After
25		such testimony, the court may enter an order that the minor

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1		shall be released upon the request of a parent, guardian, or
2		custodian if the parent, guardian, or custodian appears to
3		take custody and agrees to abide by a court order which
4		requires the minor and the minor's parent, guardian, or legal
5		custodian to complete an evaluation by an entity licensed by
6		the Department of Human Services, as the successor to the
7		Department of Alcoholism and Substance Abuse, and complete any
8		treatment recommendations indicated by the assessment.
9		"Custodian" includes the Department of Children and Family
10		Services, if it has been given custody of the child, or any
11		other agency of the State which has been given custody or
12		wardship of the child.
13		The court Court shall require documentation by
14		representatives of the Department of Children and Family
15		Services or the probation department as to the reasonable
16		efforts that were made to prevent or eliminate the necessity
17		of removal of the minor from the minor's home, and shall
18		consider the testimony of any person as to those reasonable
19		efforts. If the court finds that it is a matter of immediate
20		and urgent necessity for the protection of the minor or of the
21		person or property of another that the minor be placed in a
22		shelter care facility or that the minor is likely to flee the
23		jurisdiction of the court, and, further, finds that reasonable
24		efforts have been made or good cause has been shown why
25		reasonable efforts cannot prevent or eliminate the necessity
26		of removal of the minor from the minor's home, the court may

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1		prescribe shelter care and order that the minor be kept in a
2		suitable place designated by the court, or in a shelter care
3		facility designated by the Department of Children and Family
4		Services or a licensed child welfare agency, or in a facility
5		or program licensed by the Department of Human Services for
6		shelter and treatment services; otherwise, it shall release
7		the minor from custody. If the court prescribes shelter care,
8		then in placing the minor, the Department or other agency
9		shall, to the extent compatible with the court's order, comply
10		with Section 7 of the Children and Family Services Act. If the
11		minor is ordered placed in a shelter care facility of the
12		Department of Children and Family Services or a licensed child
13		welfare agency, or in a facility or program licensed by the
14		Department of Human Services for shelter and treatment
15		services, the court shall, upon request of the appropriate
16		Department or other agency, appoint the Department of Children
17		and Family Services Guardianship Administrator or other
18		appropriate agency executive temporary custodian of the minor
19		and the court may enter such other orders related to the
20		temporary custody as it deems fit and proper, including the
21		provision of services to the minor or the minor's family to
22		ameliorate the causes contributing to the finding of probable
23		cause or to the finding of the existence of immediate and
24		urgent necessity. Acceptance of services shall not be
25		considered an admission of any allegation in a petition made
26		pursuant to this Act, nor may a referral of services be

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1		considered as evidence in any proceeding pursuant to this Act,
2		except where the issue is whether the Department has made
3		reasonable efforts to reunite the family. In making its
4		findings that reasonable efforts have been made or that good
5		cause has been shown why reasonable efforts cannot prevent or
6		eliminate the necessity of removal of the minor from the
7		minor's home, the court shall state in writing its findings
8		concerning the nature of the services that were offered or the
9		efforts that were made to prevent removal of the child and the
10		apparent reasons that such services or efforts could not
11		prevent the need for removal. The parents, guardian,
12		custodian, temporary custodian, and minor shall each be
13		furnished a copy of such written findings. The temporary
14		custodian shall maintain a copy of the court order and written
15		findings in the case record for the child. The order, together
16		with the court's findings of fact in support thereof, shall be
17		entered of record in the court.
18		Once the court finds that it is a matter of immediate and
19		urgent necessity for the protection of the minor that the
20		minor be placed in a shelter care facility, the minor shall not
21		be returned to the parent, custodian, or guardian until the
22		court finds that such placement is no longer necessary for the
23		protection of the minor.
24		(3) If neither the parent, guardian, legal custodian,
25		responsible relative nor counsel of the minor has had actual
26		notice of or is present at the shelter care hearing, the

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1		parent, guardian, legal custodian, responsible relative, or
2		counsel of the minor may file an affidavit setting forth these
3		facts, and the clerk shall set the matter for rehearing not
4		later than 24 hours, excluding Sundays and legal holidays,
5		after the filing of the affidavit. At the rehearing, the court
6		shall proceed in the same manner as upon the original hearing.
7		(4) If the minor is not brought before a judicial officer
8		within the time period as specified in Section 4-8, the minor
9		must immediately be released from custody.
10		(5) Only when there is reasonable cause to believe that
11		the minor taken into custody is a person described in
12		subsection (3) of Section 5-105 may the minor be kept or
13		detained in a detention home or county or municipal jail. This
14		Section shall in no way be construed to limit subsection (6).
15		(6) No minor under 16 years of age may be confined in a
16		jail or place ordinarily used for the confinement of prisoners
17		in a police station. Minors under 18 years of age must be kept
18		separate from confined adults and may not at any time be kept
19		in the same cell, room, or yard with adults confined pursuant
20		to the criminal law.
21		(7) If neither the parent, guardian, or custodian appears
22		within 24 hours to take custody of a minor released upon
23		request pursuant to subsection (2) of this Section, then the
24		clerk of the court shall set the matter for rehearing not later
25		than 7 days after the original order and shall issue a summons
26		directed to the parent, guardian, or custodian to appear. At

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1		the same time the probation department shall prepare a report
2		on the minor. If a parent, guardian, or custodian does not
3		appear at such rehearing, the judge may enter an order
4		prescribing that the minor be kept in a suitable place
5		designated by the Department of Children and Family Services
6		or a licensed child welfare agency.
7		(8) Any interested party, including the State, the
8		temporary custodian, an agency providing services to the minor
9		or family under a service plan pursuant to Section 8.2 of the
10		Abused and Neglected Child Reporting Act, foster parent, or
11		any of their representatives, may file a motion to modify or
12		vacate a temporary custody order on any of the following
13		grounds:
14		(a) It is no longer a matter of immediate and urgent
15		necessity that the minor remain in shelter care; or
16		(b) There is a material change in the circumstances of
17		the natural family from which the minor was removed; or
18		(c) A person, including a parent, relative, or legal
19		guardian, is capable of assuming temporary custody of the
20		minor; or
21		(d) Services provided by the Department of Children
22		and Family Services or a child welfare agency or other
23		service provider have been successful in eliminating the
24		need for temporary custody.
25		The clerk shall set the matter for hearing not later than
26		14 days after such motion is filed. In the event that the court

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1		modifies or vacates a temporary custody order but does not
2		vacate its finding of probable cause, the court may order that
3		appropriate services be continued or initiated in behalf of
4		the minor and the minor's family.
5		(9) The changes made to this Section by Public Act 98-61
6		apply to a minor who has been arrested or taken into custody on
7		or after January 1, 2014 (the effective date of Public Act
8		98-61).
9		(Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.)
10		(705 ILCS 405/4-14) (from Ch. 37, par. 804-14)
11		Sec. 4-14. Summons.
12		(1) When a petition is filed, the clerk of the court shall
13		issue a summons with a copy of the petition attached. The
14		summons shall be directed to the minor's legal guardian or
15		custodian and to each person named as a respondent in the
16		petition, except that summons need not be directed to a minor
17		respondent under 8 years of age for whom the court appoints a
18		guardian ad litem if the guardian ad litem appears on behalf of
19		the minor in any proceeding under this Act.
20		(2) The summons must contain a statement that the minor or
21		any of the respondents is entitled to have an attorney present
22		at the hearing on the petition, and that the clerk of the court
23		should be notified promptly if the minor or any other
24		respondent desires to be represented by an attorney but is
25		financially unable to employ counsel.

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1		(3) The summons shall be issued under the seal of the
2		court, attested to and signed with the name of the clerk of the
3		court, dated on the day it is issued, and shall require each
4		respondent to appear and answer the petition on the date set
5		for the adjudicatory hearing.
6		(4) The summons may be served by any county sheriff,
7		coroner, or probation officer, even though the officer is the
8		petitioner. The return of the summons with endorsement of
9		service by the officer is sufficient proof thereof.
10		(5) Service of a summons and petition shall be made by:
11		(a) leaving a copy thereof with the person summoned at
12		least 3 days before the time stated therein for
13		appearance;
14		(b) leaving a copy at the summoned person's usual
15		place of abode with some person of the family, of the age
16		of 10 years or upwards, and informing that person of the
17		contents thereof, provided that the officer or other
18		person making service shall also send a copy of the
19		summons in a sealed envelope with postage fully prepaid,
20		addressed to the person summoned at the person's usual
21		place of abode, at least 3 days before the time stated
22		therein for appearance; or
23		(c) leaving a copy thereof with the guardian or
24		custodian of a minor, at least 3 days before the time
25		stated therein for appearance.
26		If the guardian or custodian is an agency of the State of

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1		Illinois, proper service may be made by leaving a copy of the
2		summons and petition with any administrative employee of such
3		agency designated by such agency to accept service of summons
4		and petitions. The certificate of the officer or affidavit of
5		the person that the officer or person has sent the copy
6		pursuant to this Section is sufficient proof of service.
7		(6) When a parent or other person, who has signed a written
8		promise to appear and bring the minor to court or who has
9		waived or acknowledged service, fails to appear with the minor
10		on the date set by the court, a bench warrant may be issued for
11		the parent or other person, the minor, or both.
12		(7) The appearance of the minor's legal guardian or
13		custodian, or a person named as a respondent in a petition, in
14		any proceeding under this Act shall constitute a waiver of
15		service of summons and submission to the jurisdiction of the
16		court. A copy of the summons and petition shall be provided to
17		the person at the time of the person's appearance.
18		(8) Fines or assessments, such as fees or administrative
19		costs, in the service of process shall not be ordered or
20		imposed on a minor or a minor's parent, guardian, or legal
21		custodian.
22		(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23;
23		revised 9-25-23.)
24		(705 ILCS 405/4-16) (from Ch. 37, par. 804-16)
25		Sec. 4-16. Guardian ad litem.

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1		(1) Immediately upon the filing of a petition alleging
2		that the minor is a person described in Section 4-3 of this
3		Act, the court may appoint a guardian ad litem for the minor
4		if:
5		(a) such petition alleges that the minor is the victim
6		of sexual abuse or misconduct; or
7		(b) such petition alleges that charges alleging the
8		commission of any of the sex offenses defined in Article
9		11 or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50,
10		11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the
11		Criminal Code of 1961 or the Criminal Code of 2012, have
12		been filed against a defendant in any court and that such
13		minor is the alleged victim of the acts of the defendant in
14		the commission of such offense.
15		Unless the guardian ad litem appointed pursuant to this
16		paragraph (1) is an attorney at law, the guardian ad litem
17		shall be represented in the performance of the guardian ad
18		litem's duties by counsel.
19		(2) Before proceeding with the hearing, the court shall
20		appoint a guardian ad litem for the minor if:
21		(a) no parent, guardian, custodian, or relative of the
22		minor appears at the first or any subsequent hearing of
23		the case;
24		(b) the petition prays for the appointment of a
25		guardian with power to consent to adoption; or
26		(c) the petition for which the minor is before the

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1		court resulted from a report made pursuant to the Abused
2		and Neglected Child Reporting Act.
3		(3) The court may appoint a guardian ad litem for the minor
4		whenever it finds that there may be a conflict of interest
5		between the minor and the minor's parents or other custodian
6		or that it is otherwise in the minor's interest to do so.
7		(4) Unless the guardian ad litem is an attorney, the
8		guardian ad litem shall be represented by counsel.
9		(5) The reasonable fees of a guardian ad litem appointed
10		under this Section shall be fixed by the court and paid from
11		the general fund of the county.
12		(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23;
13		revised 9-20-23.)
14		(705 ILCS 405/4-18) (from Ch. 37, par. 804-18)
15		Sec. 4-18. Continuance under supervision.
16		(1) The court may enter an order of continuance under
17		supervision (a) upon an admission or stipulation by the
18		appropriate respondent or minor respondent of the facts
19		supporting the petition and before proceeding to findings and
20		adjudication, or after hearing the evidence at the
21		adjudicatory hearing but before noting in the minutes of the
22		proceeding a finding of whether or not the minor is an addict,
23		and (b) in the absence of objection made in open court by the
24		minor, the minor's parent, guardian, custodian, responsible
25		relative, or defense attorney, or the State's Attorney.

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1		(2) If the minor, the minor's parent, guardian, custodian,
2		responsible relative, or defense attorney, or the State's
3		Attorney, objects in open court to any such continuance and
4		insists upon proceeding to findings and adjudication, the
5		court shall so proceed.
6		(3) Nothing in this Section limits the power of the court
7		to order a continuance of the hearing for the production of
8		additional evidence or for any other proper reason.
9		(4) When a hearing is continued pursuant to this Section,
10		the court may permit the minor to remain in the minor's home
11		subject to such conditions concerning the minor's conduct and
12		supervision as the court may require by order.
13		(5) If a petition is filed charging a violation of a
14		condition of the continuance under supervision, the court
15		shall conduct a hearing. If the court finds that such
16		condition of supervision has not been fulfilled the court may
17		proceed to findings and adjudication and disposition. The
18		filing of a petition for violation of a condition of the
19		continuance under supervision shall toll the period of
20		continuance under supervision until the final determination of
21		the charge, and the term of the continuance under supervision
22		shall not run until the hearing and disposition of the
23		petition for violation; provided where the petition alleges
24		conduct that does not constitute a criminal offense, the
25		hearing must be held within 15 days of the filing of the
26		petition unless a delay in such hearing has been occasioned by

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1		the minor, in which case the delay shall continue the tolling
2		of the period of continuance under supervision for the period
3		of such delay.
4		(6) (Blank).
5		(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23;
6		revised 9-6-23.)
7		(705 ILCS 405/4-21) (from Ch. 37, par. 804-21)
8		Sec. 4-21. Kinds of dispositional orders.
9		(1) A minor found to be addicted under Section 4-3 may be
10		(a) committed to the Department of Children and Family
11		Services, subject to Section 5 of the Children and Family
12		Services Act; (b) placed under supervision and released to the
13		minor's parents, guardian, or legal custodian; (c) placed in
14		accordance with Section 4-25 with or without also being placed
15		under supervision. Conditions of supervision may be modified
16		or terminated by the court if it deems that the best interests
17		of the minor and the public will be served thereby; (d)
18		required to attend an approved alcohol or drug abuse treatment
19		or counseling program on an inpatient or outpatient basis
20		instead of or in addition to the disposition otherwise
21		provided for in this paragraph; (e) ordered partially or
22		completely emancipated in accordance with the provisions of
23		the Emancipation of Minors Act; or (f) subject to having the
24		minor's driver's license or driving privilege suspended for
25		such time as determined by the Court but only until the minor

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1		attains 18 years of age. No disposition under this subsection
2		shall provide for the minor's placement in a secure facility.
3		(2) Any order of disposition may provide for protective
4		supervision under Section 4-22 and may include an order of
5		protection under Section 4-23.
6		(3) Unless the order of disposition expressly so provides,
7		it does not operate to close proceedings on the pending
8		petition, but is subject to modification until final closing
9		and discharge of the proceedings under Section 4-29.
10		(4) In addition to any other order of disposition, the
11		court may order any minor found to be addicted under this
12		Article as neglected with respect to the minor's injurious
13		behavior, to make restitution, in monetary or non-monetary
14		form, under the terms and conditions of Section 5-5-6 of the
15		Unified Code of Corrections, except that the "presentence
16		hearing" referred to therein shall be the dispositional
17		hearing for purposes of this Section. The parent, guardian, or
18		legal custodian of the minor may pay some or all of such
19		restitution on the minor's behalf.
20		(5) Any order for disposition where the minor is placed in
21		accordance with Section 4-25 shall provide for the parents or
22		guardian of the estate of such minor to pay to the legal
23		custodian or guardian of the person of the minor such sums as
24		are determined by the custodian or guardian of the person of
25		the minor as necessary for the minor's needs. Such payments
26		may not exceed the maximum amounts provided for by Section 9.1

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1		of the Children and Family Services Act.
2		(6) Whenever the order of disposition requires the minor
3		to attend school or participate in a program of training, the
4		truant officer or designated school official shall regularly
5		report to the court if the minor is a chronic or habitual
6		truant under Section 26-2a of the School Code.
7		(7) (Blank).
8		(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23;
9		revised 9-25-23.)
10		(705 ILCS 405/5-105)
11		Sec. 5-105. Definitions. As used in this Article:
12		(1) "Aftercare release" means the conditional and
13		revocable release of an adjudicated delinquent juvenile
14		committed to the Department of Juvenile Justice under the
15		supervision of the Department of Juvenile Justice.
16		(1.5) "Court" means the circuit court in a session or
17		division assigned to hear proceedings under this Act, and
18		includes the term Juvenile Court.
19		(2) "Community service" means uncompensated labor for
20		a community service agency as hereinafter defined.
21		(2.5) "Community service agency" means a
22		not-for-profit organization, community organization,
23		church, charitable organization, individual, public
24		office, or other public body whose purpose is to enhance
25		the physical or mental health of a delinquent minor or to

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1		rehabilitate the minor, or to improve the environmental
2		quality or social welfare of the community which agrees to
3		accept community service from juvenile delinquents and to
4		report on the progress of the community service to the
5		State's Attorney pursuant to an agreement or to the court
6		or to any agency designated by the court or to the
7		authorized diversion program that has referred the
8		delinquent minor for community service.
9		(3) "Delinquent minor" means any minor who prior to
10		the minor's 18th birthday has violated or attempted to
11		violate an Illinois State, county, or municipal law or
12		ordinance.
13		(4) "Department" means the Department of Human
14		Services unless specifically referenced as another
15		department.
16		(5) "Detention" means the temporary care of a minor
17		who is alleged to be or has been adjudicated delinquent
18		and who requires secure custody for the minor's own
19		protection or the community's protection in a facility
20		designed to physically restrict the minor's movements,
21		pending disposition by the court or execution of an order
22		of the court for placement or commitment. Design features
23		that physically restrict movement include, but are not
24		limited to, locked rooms and the secure handcuffing of a
25		minor to a rail or other stationary object. In addition,
26		"detention" includes the court ordered care of an alleged

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1		or adjudicated delinquent minor who requires secure
2		custody pursuant to Section 5-125 of this Act.
3		(6) "Diversion" means the referral of a juvenile,
4		without court intervention, into a program that provides
5		services designed to educate the juvenile and develop a
6		productive and responsible approach to living in the
7		community.
8		(7) "Juvenile detention home" means a public facility
9		with specially trained staff that conforms to the county
10		juvenile detention standards adopted by the Department of
11		Juvenile Justice.
12		(8) "Juvenile justice continuum" means a set of
13		delinquency prevention programs and services designed for
14		the purpose of preventing or reducing delinquent acts,
15		including criminal activity by youth gangs, as well as
16		intervention, rehabilitation, and prevention services
17		targeted at minors who have committed delinquent acts, and
18		minors who have previously been committed to residential
19		treatment programs for delinquents. The term includes
20		children-in-need-of-services and
21		families-in-need-of-services programs; aftercare and
22		reentry services; substance abuse and mental health
23		programs; community service programs; community service
24		work programs; and alternative-dispute resolution programs
25		serving youth-at-risk of delinquency and their families,
26		whether offered or delivered by State or local

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1		governmental entities, public or private for-profit or
2		not-for-profit organizations, or religious or charitable
3		organizations. This term would also encompass any program
4		or service consistent with the purpose of those programs
5		and services enumerated in this subsection.
6		(9) "Juvenile police officer" means a sworn police
7		officer who has completed a Basic Recruit Training Course,
8		has been assigned to the position of juvenile police
9		officer by the officer's chief law enforcement officer and
10		has completed the necessary juvenile officers training as
11		prescribed by the Illinois Law Enforcement Training
12		Standards Board, or in the case of a State police officer,
13		juvenile officer training approved by the Director of the
14		Illinois State Police.
15		(10) "Minor" means a person under the age of 21 years
16		subject to this Act.
17		(11) "Non-secure custody" means confinement where the
18		minor is not physically restricted by being placed in a
19		locked cell or room, by being handcuffed to a rail or other
20		stationary object, or by other means. "Non-secure custody"
21		may include, but is not limited to, electronic monitoring,
22		foster home placement, home confinement, group home
23		placement, or physical restriction of movement or activity
24		solely through facility staff.
25		(12) "Public or community service" means uncompensated
26		labor for a not-for-profit organization or public body

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1		whose purpose is to enhance physical or mental stability
2		of the offender, environmental quality or the social
3		welfare and which agrees to accept public or community
4		service from offenders and to report on the progress of
5		the offender and the public or community service to the
6		court or to the authorized diversion program that has
7		referred the offender for public or community service.
8		"Public or community service" does not include blood
9		donation or assignment to labor at a blood bank. For the
10		purposes of this Act, "blood bank" has the meaning
11		ascribed to the term in Section 2-124 of the Illinois
12		Clinical Laboratory and Blood Bank Act.
13		(13) "Sentencing hearing" means a hearing to determine
14		whether a minor should be adjudged a ward of the court, and
15		to determine what sentence should be imposed on the minor.
16		It is the intent of the General Assembly that the term
17		"sentencing hearing" replace the term "dispositional
18		hearing" and be synonymous with that definition as it was
19		used in the Juvenile Court Act of 1987.
20		(14) "Shelter" means the temporary care of a minor in
21		physically unrestricting facilities pending court
22		disposition or execution of court order for placement.
23		(15) "Site" means a not-for-profit organization,
24		public body, church, charitable organization, or
25		individual agreeing to accept community service from
26		offenders and to report on the progress of ordered or

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1		required public or community service to the court or to
2		the authorized diversion program that has referred the
3		offender for public or community service.
4		(16) "Station adjustment" means the informal or formal
5		handling of an alleged offender by a juvenile police
6		officer.
7		(17) "Trial" means a hearing to determine whether the
8		allegations of a petition under Section 5-520 that a minor
9		is delinquent are proved beyond a reasonable doubt. It is
10		the intent of the General Assembly that the term "trial"
11		replace the term "adjudicatory hearing" and be synonymous
12		with that definition as it was used in the Juvenile Court
13		Act of 1987.
14		The changes made to this Section by Public Act 98-61 apply
15		to violations or attempted violations committed on or after
16		January 1, 2014 (the effective date of Public Act 98-61).
17		(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23;
18		103-27, eff. 1-1-24; revised 12-15-23.)
19		(705 ILCS 405/5-120)
20		Sec. 5-120. Exclusive jurisdiction. Proceedings may be
21		instituted under the provisions of this Article concerning any
22		minor who prior to the minor's 18th birthday has violated or
23		attempted to violate an Illinois State, county, or municipal
24		law or ordinance. Except as provided in Sections 5-125, 5-130,
25		5-805, and 5-810 of this Article, no minor who was under 18

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1		years of age at the time of the alleged offense may be
2		prosecuted under the criminal laws of this State.
3		The changes made to this Section by Public Act 98-61 this
4		amendatory Act of the 98th General Assembly apply to
5		violations or attempted violations committed on or after
6		January 1, 2014 (the effective date of Public Act 98-61) this
7		amendatory Act.
8		(Source: P.A. 103-22, eff. 8-8-23; 103-27, eff. 1-1-24;
9		revised 12-15-23.)
10		(705 ILCS 405/5-401.6)
11		Sec. 5-401.6. Prohibition of deceptive tactics.
12		(a) In this Section:
13		"Custodial interrogation" means any interrogation (i)
14		during which a reasonable person in the subject's position
15		would consider the subject to be in custody and (ii) during
16		which a question is asked that is reasonably likely to elicit
17		an incriminating response.
18		"Deception" means the knowing communication of false facts
19		about evidence or unauthorized statements regarding leniency
20		by a law enforcement officer or juvenile officer to a subject
21		of custodial interrogation.
22		"Person with a severe or profound intellectual disability"
23		means a person (i) whose intelligence quotient does not exceed
24		40 or (ii) whose intelligence quotient does not exceed 55 and
25		who suffers from significant mental illness to the extent that

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1		the person's ability to exercise rational judgment is
2		impaired.
3		"Place of detention" means a building or a police station
4		that is a place of operation for a municipal police department
5		or county sheriff department or other law enforcement agency
6		at which persons are or may be held in detention in connection
7		with criminal charges against those persons or allegations
8		that those persons are delinquent minors.
9		"Protected person" means: a minor who, at the time of the
10		commission of the offense, was under 18 years of age; or a
11		person with a severe or profound intellectual disability.
12		(b) An oral, written, or sign language confession of a
13		protected person made as a result of a custodial interrogation
14		conducted at a police station or other place of detention on or
15		after January 1, 2022 (the effective date of Public Act
16		102-101) this amendatory Act of the 102nd General Assembly
17		shall be presumed to be inadmissible as evidence against the
18		protected person making the confession in a criminal
19		proceeding or a juvenile court proceeding for an act that if
20		committed by an adult would be a misdemeanor offense under
21		Article 11 of the Criminal Code of 2012 or a felony offense
22		under the Criminal Code of 2012 if, during the custodial
23		interrogation, a law enforcement officer or juvenile officer
24		knowingly engages in deception.
25		(c) The presumption of inadmissibility of a confession of
26		a protected person at a custodial interrogation at a police

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1		station or other place of detention, when such confession is
2		procured through the knowing use of deception, may be overcome
3		by a preponderance of the evidence that the confession was
4		voluntarily given, based on the totality of the circumstances.
5		(d) The burden of going forward with the evidence and the
6		burden of proving that a confession was voluntary shall be on
7		the State. Objection to the failure of the State to call all
8		material witnesses on the issue of whether the confession was
9		voluntary must be made in the trial court.
10		(Source: P.A. 102-101, eff. 1-1-22; 103-22, eff. 8-8-23;
11		103-341, eff. 1-1-24; revised 12-15-23.)
12		(705 ILCS 405/5-410)
13		Sec. 5-410. Non-secure custody or detention.
14		(1) Any minor arrested or taken into custody pursuant to
15		this Act who requires care away from the minor's home but who
16		does not require physical restriction shall be given temporary
17		care in a foster family home or other shelter facility
18		designated by the court.
19		(2)(a) Any minor 10 years of age or older arrested
20		pursuant to this Act where there is probable cause to believe
21		that the minor is a delinquent minor and that (i) secure
22		custody is a matter of immediate and urgent necessity for the
23		protection of the minor or of the person or property of
24		another, (ii) the minor is likely to flee the jurisdiction of
25		the court, or (iii) the minor was taken into custody under a

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1		warrant, may be kept or detained in an authorized detention
2		facility. A minor under 13 years of age shall not be admitted,
3		kept, or detained in a detention facility unless a local youth
4		service provider, including a provider through the
5		Comprehensive Community Based Youth Services network, has been
6		contacted and has not been able to accept the minor. No minor
7		under 12 years of age shall be detained in a county jail or a
8		municipal lockup for more than 6 hours.
9		(a-5) For a minor arrested or taken into custody for
10		vehicular hijacking or aggravated vehicular hijacking, a
11		previous finding of delinquency for vehicular hijacking or
12		aggravated vehicular hijacking shall be given greater weight
13		in determining whether secured custody of a minor is a matter
14		of immediate and urgent necessity for the protection of the
15		minor or of the person or property of another.
16		(b) The written authorization of the probation officer or
17		detention officer (or other public officer designated by the
18		court in a county having 3,000,000 or more inhabitants)
19		constitutes authority for the superintendent of any juvenile
20		detention home to detain and keep a minor for up to 40 hours,
21		excluding Saturdays, Sundays, and court-designated holidays.
22		These records shall be available to the same persons and
23		pursuant to the same conditions as are law enforcement records
24		as provided in Section 5-905.
25		(b-4) The consultation required by paragraph (b-5) shall
26		not be applicable if the probation officer or detention

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1		officer (or other public officer designated by the court in a
2		county having 3,000,000 or more inhabitants) utilizes a
3		scorable detention screening instrument, which has been
4		developed with input by the State's Attorney, to determine
5		whether a minor should be detained; , however, paragraph (b-5)
6		shall still be applicable where no such screening instrument
7		is used or where the probation officer, detention officer (or
8		other public officer designated by the court in a county
9		having 3,000,000 or more inhabitants) deviates from the
10		screening instrument.
11		(b-5) Subject to the provisions of paragraph (b-4), if a
12		probation officer or detention officer (or other public
13		officer designated by the court in a county having 3,000,000
14		or more inhabitants) does not intend to detain a minor for an
15		offense which constitutes one of the following offenses, the
16		probation officer or detention officer (or other public
17		officer designated by the court in a county having 3,000,000
18		or more inhabitants) shall consult with the State's Attorney's
19		Office prior to the release of the minor: first degree murder,
20		second degree murder, involuntary manslaughter, criminal
21		sexual assault, aggravated criminal sexual assault, aggravated
22		battery with a firearm as described in Section 12-4.2 or
23		subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section
24		12-3.05, aggravated or heinous battery involving permanent
25		disability or disfigurement or great bodily harm, robbery,
26		aggravated robbery, armed robbery, vehicular hijacking,

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1		aggravated vehicular hijacking, vehicular invasion, arson,
2		aggravated arson, kidnapping, aggravated kidnapping, home
3		invasion, burglary, or residential burglary.
4		(c) Except as otherwise provided in paragraph (a), (d), or
5		(e), no minor shall be detained in a county jail or municipal
6		lockup for more than 12 hours, unless the offense is a crime of
7		violence in which case the minor may be detained up to 24
8		hours. For the purpose of this paragraph, "crime of violence"
9		has the meaning ascribed to it in Section 1-10 of the Substance
10		Use Disorder Act Alcoholism and Other Drug Abuse and
11		Dependency Act.
12		(i) The period of detention is deemed to have begun
13		once the minor has been placed in a locked room or cell or
14		handcuffed to a stationary object in a building housing a
15		county jail or municipal lockup. Time spent transporting a
16		minor is not considered to be time in detention or secure
17		custody.
18		(ii) Any minor so confined shall be under periodic
19		supervision and shall not be permitted to come into or
20		remain in contact with adults in custody in the building.
21		(iii) Upon placement in secure custody in a jail or
22		lockup, the minor shall be informed of the purpose of the
23		detention, the time it is expected to last and the fact
24		that it cannot exceed the time specified under this Act.
25		(iv) A log shall be kept which shows the offense which
26		is the basis for the detention, the reasons and

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1		circumstances for the decision to detain, and the length
2		of time the minor was in detention.
3		(v) Violation of the time limit on detention in a
4		county jail or municipal lockup shall not, in and of
5		itself, render inadmissible evidence obtained as a result
6		of the violation of this time limit. Minors under 18 years
7		of age shall be kept separate from confined adults and may
8		not at any time be kept in the same cell, room, or yard
9		with adults confined pursuant to criminal law. Persons 18
10		years of age and older who have a petition of delinquency
11		filed against them may be confined in an adult detention
12		facility. In making a determination whether to confine a
13		person 18 years of age or older who has a petition of
14		delinquency filed against the person, these factors, among
15		other matters, shall be considered:
16		(A) the age of the person;
17		(B) any previous delinquent or criminal history of
18		the person;
19		(C) any previous abuse or neglect history of the
20		person; and
21		(D) any mental health or educational history of
22		the person, or both.
23		(d)(i) If a minor 12 years of age or older is confined in a
24		county jail in a county with a population below 3,000,000
25		inhabitants, then the minor's confinement shall be implemented
26		in such a manner that there will be no contact by sight, sound,

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1		or otherwise between the minor and adult prisoners. Minors 12
2		years of age or older must be kept separate from confined
3		adults and may not at any time be kept in the same cell, room,
4		or yard with confined adults. This paragraph (d)(i) shall only
5		apply to confinement pending an adjudicatory hearing and shall
6		not exceed 40 hours, excluding Saturdays, Sundays, and
7		court-designated holidays. To accept or hold minors during
8		this time period, county jails shall comply with all
9		monitoring standards adopted by the Department of Corrections
10		and training standards approved by the Illinois Law
11		Enforcement Training Standards Board.
12		(ii) To accept or hold minors, 12 years of age or older,
13		after the time period prescribed in paragraph (d)(i) of this
14		subsection (2) of this Section but not exceeding 7 days
15		including Saturdays, Sundays, and holidays pending an
16		adjudicatory hearing, county jails shall comply with all
17		temporary detention standards adopted by the Department of
18		Corrections and training standards approved by the Illinois
19		Law Enforcement Training Standards Board.
20		(iii) To accept or hold minors 12 years of age or older,
21		after the time period prescribed in paragraphs (d)(i) and
22		(d)(ii) of this subsection (2) of this Section, county jails
23		shall comply with all county juvenile detention standards
24		adopted by the Department of Juvenile Justice.
25		(e) When a minor who is at least 15 years of age is
26		prosecuted under the criminal laws of this State, the court

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1		may enter an order directing that the juvenile be confined in
2		the county jail. However, any juvenile confined in the county
3		jail under this provision shall be separated from adults who
4		are confined in the county jail in such a manner that there
5		will be no contact by sight, sound, or otherwise between the
6		juvenile and adult prisoners.
7		(f) For purposes of appearing in a physical lineup, the
8		minor may be taken to a county jail or municipal lockup under
9		the direct and constant supervision of a juvenile police
10		officer. During such time as is necessary to conduct a lineup,
11		and while supervised by a juvenile police officer, the sight
12		and sound separation provisions shall not apply.
13		(g) For purposes of processing a minor, the minor may be
14		taken to a county jail or municipal lockup under the direct and
15		constant supervision of a law enforcement officer or
16		correctional officer. During such time as is necessary to
17		process the minor, and while supervised by a law enforcement
18		officer or correctional officer, the sight and sound
19		separation provisions shall not apply.
20		(3) If the probation officer or State's Attorney (or such
21		other public officer designated by the court in a county
22		having 3,000,000 or more inhabitants) determines that the
23		minor may be a delinquent minor as described in subsection (3)
24		of Section 5-105, and should be retained in custody but does
25		not require physical restriction, the minor may be placed in
26		non-secure custody for up to 40 hours pending a detention

HB4844 Engrossed - 1815 - LRB103 39009 AMC 69146 b
1		hearing.
2		(4) Any minor taken into temporary custody, not requiring
3		secure detention, may, however, be detained in the home of the
4		minor's parent or guardian subject to such conditions as the
5		court may impose.
6		(5) The changes made to this Section by Public Act 98-61
7		apply to a minor who has been arrested or taken into custody on
8		or after January 1, 2014 (the effective date of Public Act
9		98-61).
10		(Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.)
11		(705 ILCS 405/5-525)
12		Sec. 5-525. Service.
13		(1) Service by summons.
14		(a) Upon the commencement of a delinquency
15		prosecution, the clerk of the court shall issue a summons
16		with a copy of the petition attached. The summons shall be
17		directed to the minor's parent, guardian or legal
18		custodian and to each person named as a respondent in the
19		petition, except that summons need not be directed (i) to
20		a minor respondent under 8 years of age for whom the court
21		appoints a guardian ad litem if the guardian ad litem
22		appears on behalf of the minor in any proceeding under
23		this Act, or (ii) to a parent who does not reside with the
24		minor, does not make regular child support payments to the
25		minor, to the minor's other parent, or to the minor's

HB4844 Engrossed - 1816 - LRB103 39009 AMC 69146 b
1		legal guardian or custodian pursuant to a support order,
2		and has not communicated with the minor on a regular
3		basis.
4		(b) The summons must contain a statement that the
5		minor is entitled to have an attorney present at the
6		hearing on the petition, and that the clerk of the court
7		should be notified promptly if the minor desires to be
8		represented by an attorney but is financially unable to
9		employ counsel.
10		(c) The summons shall be issued under the seal of the
11		court, attested in and signed with the name of the clerk of
12		the court, dated on the day it is issued, and shall require
13		each respondent to appear and answer the petition on the
14		date set for the adjudicatory hearing.
15		(d) The summons may be served by any law enforcement
16		officer, coroner or probation officer, even though the
17		officer is the petitioner. The return of the summons with
18		endorsement of service by the officer is sufficient proof
19		of service.
20		(e) Service of a summons and petition shall be made
21		by: (i) leaving a copy of the summons and petition with the
22		person summoned at least 3 days before the time stated in
23		the summons for appearance; (ii) leaving a copy at the
24		summoned person's usual place of abode with some person of
25		the family, of the age of 10 years or upwards, and
26		informing that person of the contents of the summons and

HB4844 Engrossed - 1817 - LRB103 39009 AMC 69146 b
1		petition, provided, the officer or other person making
2		service shall also send a copy of the summons in a sealed
3		envelope with postage fully prepaid, addressed to the
4		person summoned at the person's usual place of abode, at
5		least 3 days before the time stated in the summons for
6		appearance; or (iii) leaving a copy of the summons and
7		petition with the guardian or custodian of a minor, at
8		least 3 days before the time stated in the summons for
9		appearance. If the guardian or legal custodian is an
10		agency of the State of Illinois, proper service may be
11		made by leaving a copy of the summons and petition with any
12		administrative employee of the agency designated by the
13		agency to accept the service of summons and petitions. The
14		certificate of the officer or affidavit of the person that
15		the officer or person has sent the copy pursuant to this
16		Section is sufficient proof of service.
17		(f) When a parent or other person, who has signed a
18		written promise to appear and bring the minor to court or
19		who has waived or acknowledged service, fails to appear
20		with the minor on the date set by the court, a bench
21		warrant may be issued for the parent or other person, the
22		minor, or both.
23		(2) Service by certified mail or publication.
24		(a) If service on individuals as provided in
25		subsection (1) is not made on any respondent within a
26		reasonable time or if it appears that any respondent

HB4844 Engrossed - 1818 - LRB103 39009 AMC 69146 b
1		resides outside the State, service may be made by
2		certified mail. In that case the clerk shall mail the
3		summons and a copy of the petition to that respondent by
4		certified mail marked for delivery to addressee only. The
5		court shall not proceed with the adjudicatory hearing
6		until 5 days after the mailing. The regular return receipt
7		for certified mail is sufficient proof of service.
8		(b) If service upon individuals as provided in
9		subsection (1) is not made on any respondents within a
10		reasonable time or if any person is made a respondent
11		under the designation of "All Whom It May Concern", or if
12		service cannot be made because the whereabouts of a
13		respondent are unknown, service may be made by
14		publication. The clerk of the court as soon as possible
15		shall cause publication to be made once in a newspaper of
16		general circulation in the county where the action is
17		pending. Service by publication is not required in any
18		case when the person alleged to have legal custody of the
19		minor has been served with summons personally or by
20		certified mail, but the court may not enter any order or
21		judgment against any person who cannot be served with
22		process other than by publication unless service by
23		publication is given or unless that person appears.
24		Failure to provide service by publication to a
25		non-custodial parent whose whereabouts are unknown shall
26		not deprive the court of jurisdiction to proceed with a

HB4844 Engrossed - 1819 - LRB103 39009 AMC 69146 b
1		trial or a plea of delinquency by the minor. When a minor
2		has been detained or sheltered under Section 5-501 of this
3		Act and summons has not been served personally or by
4		certified mail within 20 days from the date of the order of
5		court directing such detention or shelter care, the clerk
6		of the court shall cause publication. Service by
7		publication shall be substantially as follows:
8		"A, B, C, D, (here giving the names of the named
9		respondents, if any) and to All Whom It May Concern (if
10		there is any respondent under that designation):
11		Take notice that on (insert date) a petition was
12		filed under the Juvenile Court Act of 1987 by .... in
13		the circuit court of .... county entitled 'In the
14		interest of ...., a minor', and that in .... courtroom
15		at .... on (insert date) at the hour of ...., or as
16		soon thereafter as this cause may be heard, an
17		adjudicatory hearing will be held upon the petition to
18		have the child declared to be a ward of the court under
19		that Act. The court has authority in this proceeding
20		to take from you the custody and guardianship of the
21		minor.
22		Now, unless you appear at the hearing and show
23		cause against the petition, the allegations of the
24		petition may stand admitted as against you and each of
25		you, and an order or judgment entered.
26		........................................

HB4844 Engrossed - 1820 - LRB103 39009 AMC 69146 b
1		Clerk
2		Dated (insert the date of publication)"
3		(c) The clerk shall also at the time of the
4		publication of the notice send a copy of the notice by mail
5		to each of the respondents on account of whom publication
6		is made at each respondent's last known address. The
7		certificate of the clerk that the clerk has mailed the
8		notice is evidence of that mailing. No other publication
9		notice is required. Every respondent notified by
10		publication under this Section must appear and answer in
11		open court at the hearing. The court may not proceed with
12		the adjudicatory hearing until 10 days after service by
13		publication on any custodial parent, guardian or legal
14		custodian of a minor alleged to be delinquent.
15		(d) If it becomes necessary to change the date set for
16		the hearing in order to comply with this Section, notice
17		of the resetting of the date must be given, by certified
18		mail or other reasonable means, to each respondent who has
19		been served with summons personally or by certified mail.
20		(3) Once jurisdiction has been established over a party,
21		further service is not required and notice of any subsequent
22		proceedings in that prosecution shall be made in accordance
23		with provisions of Section 5-530.
24		(4) The appearance of the minor's parent, guardian, or
25		legal custodian, or a person named as a respondent in a
26		petition, in any proceeding under this Act shall constitute a

HB4844 Engrossed - 1821 - LRB103 39009 AMC 69146 b
1		waiver of service and submission to the jurisdiction of the
2		court. A copy of the petition shall be provided to the person
3		at the time of the person's appearance.
4		(5) Fines or assessments, such as fees or administrative
5		costs in the service of process, shall not be ordered or
6		imposed on a minor or a minor's parent, guardian, or legal
7		custodian.
8		(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23;
9		revised 9-11-23.)
10		(705 ILCS 405/5-601)
11		Sec. 5-601. Trial.
12		(1) When a petition has been filed alleging that the minor
13		is a delinquent, a trial must be held within 120 days of a
14		written demand for such hearing made by any party, except that
15		when the State, without success, has exercised due diligence
16		to obtain evidence material to the case and there are
17		reasonable grounds to believe that the evidence may be
18		obtained at a later date, the court may, upon motion by the
19		State, continue the trial for not more than 30 additional
20		days.
21		(2) If a minor respondent has multiple delinquency
22		petitions pending against the minor in the same county and
23		simultaneously demands a trial upon more than one delinquency
24		petition pending against the minor in the same county, the
25		minor shall receive a trial or have a finding, after waiver of

HB4844 Engrossed - 1822 - LRB103 39009 AMC 69146 b
1		trial, upon at least one such petition before expiration
2		relative to any of the pending petitions of the period
3		described by this Section. All remaining petitions thus
4		pending against the minor respondent shall be adjudicated
5		within 160 days from the date on which a finding relative to
6		the first petition prosecuted is rendered under Section 5-620
7		of this Article, or, if the trial upon the first petition is
8		terminated without a finding and there is no subsequent trial,
9		or adjudication after waiver of trial, on the first petition
10		within a reasonable time, the minor shall receive a trial upon
11		all of the remaining petitions within 160 days from the date on
12		which the trial, or finding after waiver of trial, on the first
13		petition is concluded. If either such period of 160 days
14		expires without the commencement of trial, or adjudication
15		after waiver of trial, of any of the remaining pending
16		petitions, the petition or petitions shall be dismissed and
17		barred for want of prosecution unless the delay is occasioned
18		by any of the reasons described in this Section.
19		(3) When no such trial is held within the time required by
20		subsections (1) and (2) of this Section, the court shall, upon
21		motion by any party, dismiss the petition with prejudice.
22		(4) Without affecting the applicability of the tolling and
23		multiple prosecution provisions of subsections (8) and (2) of
24		this Section when a petition has been filed alleging that the
25		minor is a delinquent and the minor is in detention or shelter
26		care, the trial shall be held within 30 calendar days after the

HB4844 Engrossed - 1823 - LRB103 39009 AMC 69146 b
1		date of the order directing detention or shelter care, or the
2		earliest possible date in compliance with the provisions of
3		Section 5-525 as to the custodial parent, guardian, or legal
4		custodian, but no later than 45 calendar days from the date of
5		the order of the court directing detention or shelter care.
6		When the petition alleges the minor has committed an offense
7		involving a controlled substance as defined in the Illinois
8		Controlled Substances Act or methamphetamine as defined in the
9		Methamphetamine Control and Community Protection Act, the
10		court may, upon motion of the State, continue the trial for
11		receipt of a confirmatory laboratory report for up to 45 days
12		after the date of the order directing detention or shelter
13		care. When the petition alleges the minor committed an offense
14		that involves the death of, great bodily harm to or sexual
15		assault or aggravated criminal sexual abuse on a victim, the
16		court may, upon motion of the State, continue the trial for not
17		more than 70 calendar days after the date of the order
18		directing detention or shelter care.
19		Any failure to comply with the time limits of this Section
20		shall require the immediate release of the minor from
21		detention, and the time limits set forth in subsections (1)
22		and (2) shall apply.
23		(5) If the court determines that the State, without
24		success, has exercised due diligence to obtain the results of
25		DNA testing that is material to the case, and that there are
26		reasonable grounds to believe that the results may be obtained

HB4844 Engrossed - 1824 - LRB103 39009 AMC 69146 b
1		at a later date, the court may continue the cause on
2		application of the State for not more than 120 additional
3		days. The court may also extend the period of detention of the
4		minor for not more than 120 additional days.
5		(6) If the State's Attorney makes a written request that a
6		proceeding be designated an extended juvenile jurisdiction
7		prosecution, and the minor is in detention, the period the
8		minor can be held in detention pursuant to subsection (4),
9		shall be extended an additional 30 days after the court
10		determines whether the proceeding will be designated an
11		extended juvenile jurisdiction prosecution or the State's
12		Attorney withdraws the request for extended juvenile
13		jurisdiction prosecution.
14		(7) When the State's Attorney files a motion for waiver of
15		jurisdiction pursuant to Section 5-805, and the minor is in
16		detention, the period the minor can be held in detention
17		pursuant to subsection (4), shall be extended an additional 30
18		days if the court denies motion for waiver of jurisdiction or
19		the State's Attorney withdraws the motion for waiver of
20		jurisdiction.
21		(8) The period in which a trial shall be held as prescribed
22		by subsection subsections (1), (2), (3), (4), (5), (6), or (7)
23		of this Section is tolled by: (i) delay occasioned by the
24		minor; (ii) a continuance allowed pursuant to Section 114-4 of
25		the Code of Criminal Procedure of 1963 after the court's
26		determination of the minor's incapacity for trial; (iii) an

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1		interlocutory appeal; (iv) an examination of fitness ordered
2		pursuant to Section 104-13 of the Code of Criminal Procedure
3		of 1963; (v) a fitness hearing; or (vi) an adjudication of
4		unfitness for trial. Any such delay shall temporarily suspend,
5		for the time of the delay, the period within which a trial must
6		be held as prescribed by subsections (1), (2), (4), (5), and
7		(6) of this Section. On the day of expiration of the delays,
8		the period shall continue at the point at which the time was
9		suspended.
10		(9) Nothing in this Section prevents the minor or the
11		minor's parents, guardian, or legal custodian from exercising
12		their respective rights to waive the time limits set forth in
13		this Section.
14		(Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.)
15		(705 ILCS 405/5-610)
16		Sec. 5-610. Guardian ad litem and appointment of attorney.
17		(1) The court may appoint a guardian ad litem for the minor
18		whenever it finds that there may be a conflict of interest
19		between the minor and the minor's parent, guardian, or legal
20		custodian or that it is otherwise in the minor's interest to do
21		so.
22		(2) Unless the guardian ad litem is an attorney, the
23		guardian ad litem shall be represented by counsel.
24		(3) The reasonable fees of a guardian ad litem appointed
25		under this Section shall be fixed by the court and paid from

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1		the general fund of the county.
2		(4) If, during the court proceedings, the parents,
3		guardian, or legal custodian prove that the minor has an
4		actual conflict of interest with the minor in that delinquency
5		proceeding and that the parents, guardian, or legal custodian
6		are indigent, the court shall appoint a separate attorney for
7		that parent, guardian, or legal custodian.
8		(5) A guardian ad litem appointed under this Section for a
9		minor who is in the custody or guardianship of the Department
10		of Children and Family Services or who has an open intact
11		family services case with the Department of Children and
12		Family Services is entitled to receive copies of any and all
13		classified reports of child abuse or neglect made pursuant to
14		the Abused and Neglected Child Reporting Act in which the
15		minor, who is the subject of the report under the Abused and
16		Neglected Child Reporting Act, is also a minor for whom the
17		guardian ad litem is appointed under this Act. The Department
18		of Children and Family Services' obligation under this
19		subsection to provide reports to a guardian ad litem for a
20		minor with an open intact family services case applies only if
21		the guardian ad litem notified the Department in writing of
22		the representation.
23		(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23;
24		revised 9-11-23.)
25		(705 ILCS 405/5-615)

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1		Sec. 5-615. Continuance under supervision.
2		(1) The court may enter an order of continuance under
3		supervision for an offense other than first degree murder, a
4		Class X felony or a forcible felony:
5		(a) upon an admission or stipulation by the
6		appropriate respondent or minor respondent of the facts
7		supporting the petition and before the court makes a
8		finding of delinquency, and in the absence of objection
9		made in open court by the minor, the minor's parent,
10		guardian, or legal custodian, the minor's attorney, or the
11		State's Attorney; or
12		(b) upon a finding of delinquency and after
13		considering the circumstances of the offense and the
14		history, character, and condition of the minor, if the
15		court is of the opinion that:
16		(i) the minor is not likely to commit further
17		crimes;
18		(ii) the minor and the public would be best served
19		if the minor were not to receive a criminal record; and
20		(iii) in the best interests of justice an order of
21		continuance under supervision is more appropriate than
22		a sentence otherwise permitted under this Act.
23		(2) (Blank).
24		(3) Nothing in this Section limits the power of the court
25		to order a continuance of the hearing for the production of
26		additional evidence or for any other proper reason.

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1		(4) When a hearing where a minor is alleged to be a
2		delinquent is continued pursuant to this Section, the period
3		of continuance under supervision may not exceed 24 months. The
4		court may terminate a continuance under supervision at any
5		time if warranted by the conduct of the minor and the ends of
6		justice or vacate the finding of delinquency or both.
7		(5) When a hearing where a minor is alleged to be
8		delinquent is continued pursuant to this Section, the court
9		may, as conditions of the continuance under supervision,
10		require the minor to do any of the following:
11		(a) not violate any criminal statute of any
12		jurisdiction;
13		(b) make a report to and appear in person before any
14		person or agency as directed by the court;
15		(c) work or pursue a course of study or vocational
16		training;
17		(d) undergo medical or psychotherapeutic treatment
18		rendered by a therapist licensed under the provisions of
19		the Medical Practice Act of 1987, the Clinical
20		Psychologist Licensing Act, or the Clinical Social Work
21		and Social Work Practice Act, or an entity licensed by the
22		Department of Human Services as a successor to the
23		Department of Alcoholism and Substance Abuse, for the
24		provision of substance use disorder services as defined in
25		Section 1-10 of the Substance Use Disorder Act;
26		(e) attend or reside in a facility established for the

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1		instruction or residence of persons on probation;
2		(f) support the minor's dependents, if any;
3		(g) (blank);
4		(h) refrain from possessing a firearm or other
5		dangerous weapon, or an automobile;
6		(i) permit the probation officer to visit the minor at
7		the minor's home or elsewhere;
8		(j) reside with the minor's parents or in a foster
9		home;
10		(k) attend school;
11		(k-5) with the consent of the superintendent of the
12		facility, attend an educational program at a facility
13		other than the school in which the offense was committed
14		if the minor committed a crime of violence as defined in
15		Section 2 of the Crime Victims Compensation Act in a
16		school, on the real property comprising a school, or
17		within 1,000 feet of the real property comprising a
18		school;
19		(l) attend a non-residential program for youth;
20		(m) provide nonfinancial contributions to the minor's
21		own support at home or in a foster home;
22		(n) perform some reasonable public or community
23		service that does not interfere with school hours,
24		school-related activities, or work commitments of the
25		minor or the minor's parent, guardian, or legal custodian;
26		(o) make restitution to the victim, in the same manner

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1		and under the same conditions as provided in subsection
2		(4) of Section 5-710, except that the "sentencing hearing"
3		referred to in that Section shall be the adjudicatory
4		hearing for purposes of this Section;
5		(p) comply with curfew requirements as designated by
6		the court;
7		(q) refrain from entering into a designated geographic
8		area except upon terms as the court finds appropriate. The
9		terms may include consideration of the purpose of the
10		entry, the time of day, other persons accompanying the
11		minor, and advance approval by a probation officer;
12		(r) refrain from having any contact, directly or
13		indirectly, with certain specified persons or particular
14		types of persons, including, but not limited to, members
15		of street gangs and drug users or dealers;
16		(r-5) undergo a medical or other procedure to have a
17		tattoo symbolizing allegiance to a street gang removed
18		from the minor's body;
19		(s) refrain from having in the minor's body the
20		presence of any illicit drug prohibited by the Cannabis
21		Control Act, the Illinois Controlled Substances Act, or
22		the Methamphetamine Control and Community Protection Act,
23		unless prescribed by a physician, and submit samples of
24		the minor's blood or urine or both for tests to determine
25		the presence of any illicit drug; or
26		(t) comply with any other conditions as may be ordered

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1		by the court.
2		(6) A minor whose case is continued under supervision
3		under subsection (5) shall be given a certificate setting
4		forth the conditions imposed by the court. Those conditions
5		may be reduced, enlarged, or modified by the court on motion of
6		the probation officer or on its own motion, or that of the
7		State's Attorney, or, at the request of the minor after notice
8		and hearing.
9		(7) If a petition is filed charging a violation of a
10		condition of the continuance under supervision, the court
11		shall conduct a hearing. If the court finds that a condition of
12		supervision has not been fulfilled, the court may proceed to
13		findings, adjudication, and disposition or adjudication and
14		disposition. The filing of a petition for violation of a
15		condition of the continuance under supervision shall toll the
16		period of continuance under supervision until the final
17		determination of the charge, and the term of the continuance
18		under supervision shall not run until the hearing and
19		disposition of the petition for violation; provided where the
20		petition alleges conduct that does not constitute a criminal
21		offense, the hearing must be held within 30 days of the filing
22		of the petition unless a delay shall continue the tolling of
23		the period of continuance under supervision for the period of
24		the delay.
25		(8) When a hearing in which a minor is alleged to be a
26		delinquent for reasons that include a violation of Section

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1		21-1.3 of the Criminal Code of 1961 or the Criminal Code of
2		2012 is continued under this Section, the court shall, as a
3		condition of the continuance under supervision, require the
4		minor to perform community service for not less than 30 and not
5		more than 120 hours, if community service is available in the
6		jurisdiction. The community service shall include, but need
7		not be limited to, the cleanup and repair of the damage that
8		was caused by the alleged violation or similar damage to
9		property located in the municipality or county in which the
10		alleged violation occurred. The condition may be in addition
11		to any other condition. Community service shall not interfere
12		with the school hours, school-related activities, or work
13		commitments of the minor or the minor's parent, guardian, or
14		legal custodian.
15		(8.5) When a hearing in which a minor is alleged to be a
16		delinquent for reasons that include a violation of Section
17		3.02 or Section 3.03 of the Humane Care for Animals Act or
18		paragraph (d) of subsection (1) of Section 21-1 of the
19		Criminal Code of 1961 or paragraph (4) of subsection (a) of
20		Section 21-1 or the Criminal Code of 2012 is continued under
21		this Section, the court shall, as a condition of the
22		continuance under supervision, require the minor to undergo
23		medical or psychiatric treatment rendered by a psychiatrist or
24		psychological treatment rendered by a clinical psychologist.
25		The condition may be in addition to any other condition.
26		(9) When a hearing in which a minor is alleged to be a

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1		delinquent is continued under this Section, the court, before
2		continuing the case, shall make a finding whether the offense
3		alleged to have been committed either: (i) was related to or in
4		furtherance of the activities of an organized gang or was
5		motivated by the minor's membership in or allegiance to an
6		organized gang, or (ii) is a violation of paragraph (13) of
7		subsection (a) of Section 12-2 or paragraph (2) of subsection
8		(c) of Section 12-2 of the Criminal Code of 1961 or the
9		Criminal Code of 2012, a violation of any Section of Article 24
10		of the Criminal Code of 1961 or the Criminal Code of 2012, or a
11		violation of any statute that involved the unlawful use of a
12		firearm. If the court determines the question in the
13		affirmative the court shall, as a condition of the continuance
14		under supervision and as part of or in addition to any other
15		condition of the supervision, require the minor to perform
16		community service for not less than 30 hours, provided that
17		community service is available in the jurisdiction and is
18		funded and approved by the county board of the county where the
19		offense was committed. The community service shall include,
20		but need not be limited to, the cleanup and repair of any
21		damage caused by an alleged violation of Section 21-1.3 of the
22		Criminal Code of 1961 or the Criminal Code of 2012 and similar
23		damage to property located in the municipality or county in
24		which the alleged violation occurred. When possible and
25		reasonable, the community service shall be performed in the
26		minor's neighborhood. For the purposes of this Section,

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1		"organized gang" has the meaning ascribed to it in Section 10
2		of the Illinois Streetgang Terrorism Omnibus Prevention Act.
3		Community service shall not interfere with the school hours,
4		school-related activities, or work commitments of the minor or
5		the minor's parent, guardian, or legal custodian.
6		(10) (Blank).
7		(11) (Blank).
8		(12) Fines and assessments, including any fee or
9		administrative cost authorized under Section 5-4.5-105,
10		5-5-10, 5-6-3, 5-6-3.1, 5-7-6, 5-9-1.4, or 5-9-1.9 of the
11		Unified Code of Corrections, shall not be ordered or imposed
12		on a minor or the minor's parent, guardian, or legal custodian
13		as a condition of continuance under supervision. If the minor
14		or the minor's parent, guardian, or legal custodian is unable
15		to cover the cost of a condition under this subsection, the
16		court shall not preclude the minor from receiving continuance
17		under supervision based on the inability to pay. Inability to
18		pay shall not be grounds to object to the minor's placement on
19		a continuance under supervision.
20		(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23;
21		revised 8-25-23.)
22		(705 ILCS 405/5-625)
23		Sec. 5-625. Absence of minor.
24		(1) When a minor after arrest and an initial court
25		appearance for a felony, fails to appear for trial, at the

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1		request of the State and after the State has affirmatively
2		proven through substantial evidence that the minor is
3		willfully avoiding trial, the court may commence trial in the
4		absence of the minor. The absent minor must be represented by
5		retained or appointed counsel. If trial had previously
6		commenced in the presence of the minor and the minor is
7		willfully absent for 2 successive court days, the court shall
8		proceed to trial. All procedural rights guaranteed by the
9		United States Constitution, Constitution of the State of
10		Illinois, statutes of the State of Illinois, and rules of
11		court shall apply to the proceedings the same as if the minor
12		were present in court. The court may set the case for a trial
13		which may be conducted under this Section despite the failure
14		of the minor to appear at the hearing at which the trial date
15		is set. When the trial date is set, the clerk shall send to the
16		minor, by certified mail at the minor's last known address,
17		notice of the new date which has been set for trial. The
18		notification shall be required when the minor was not
19		personally present in open court at the time when the case was
20		set for trial.
21		(2) The absence of the minor from a trial conducted under
22		this Section does not operate as a bar to concluding the trial,
23		to a finding of guilty resulting from the trial, or to a final
24		disposition of the trial in favor of the minor.
25		(3) Upon a finding or verdict of not guilty, the court
26		shall enter a finding for the minor. Upon a finding or verdict

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1		of guilty, the court shall set a date for the hearing of
2		post-trial motions and shall hear the motion in the absence of
3		the minor. If post-trial motions are denied, the court shall
4		proceed to conduct a sentencing hearing and to impose a
5		sentence upon the minor. A social investigation is waived if
6		the minor is absent.
7		(4) A minor who is absent for part of the proceedings of
8		trial, post-trial motions, or sentencing, does not thereby
9		forfeit the minor's right to be present at all remaining
10		proceedings.
11		(5) When a minor who in the minor's absence has been either
12		found guilty or sentenced or both found guilty and sentenced
13		appears before the court, the minor must be granted a new trial
14		or a new sentencing hearing if the minor can establish that the
15		minor's failure to appear in court was both without the
16		minor's fault and due to circumstances beyond the minor's
17		control. A hearing with notice to the State's Attorney on the
18		minors request for a new trial or a new sentencing hearing must
19		be held before any such request may be granted. At any such
20		hearing both the minor and the State may present evidence.
21		(6) If the court grants only the minor's request for a new
22		sentencing hearing, then a new sentencing hearing shall be
23		held in accordance with the provisions of this Article. At any
24		such hearing, both the minor and the State may offer evidence
25		of the minor's conduct during the minor's period of absence
26		from the court. The court may impose any sentence authorized

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1		by this Article and in the case of an extended juvenile
2		jurisdiction prosecution the Unified Code of Corrections and
3		is not in any way limited or restricted by any sentence
4		previously imposed.
5		(7) A minor whose motion under subsection (5) for a new
6		trial or new sentencing hearing has been denied may file a
7		notice of appeal from the denial. The notice may also include a
8		request for review of the finding and sentence not vacated by
9		the trial court.
10		(Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.)
11		(705 ILCS 405/5-705)
12		Sec. 5-705. Sentencing hearing; evidence; continuance.
13		(1) In this subsection (1), "violent crime" has the same
14		meaning ascribed to the term in subsection (c) of Section 3 of
15		the Rights of Crime Victims and Witnesses Act. At the
16		sentencing hearing, the court shall determine whether it is in
17		the best interests of the minor or the public that the minor be
18		made a ward of the court, and, if the minor is to be made a
19		ward of the court, the court shall determine the proper
20		disposition best serving the interests of the minor and the
21		public. All evidence helpful in determining these questions,
22		including oral and written reports, may be admitted and may be
23		relied upon to the extent of its probative value, even though
24		not competent for the purposes of the trial. A crime victim
25		shall be allowed to present an oral or written statement, as

HB4844 Engrossed - 1838 - LRB103 39009 AMC 69146 b
1		guaranteed by Article I, Section 8.1 of the Illinois
2		Constitution and as provided in Section 6 of the Rights of
3		Crime Victims and Witnesses Act, in any case in which: (a) a
4		juvenile has been adjudicated delinquent for a violent crime
5		after a bench or jury trial; or (b) the petition alleged the
6		commission of a violent crime and the juvenile has been
7		adjudicated delinquent under a plea agreement of a crime that
8		is not a violent crime. The court shall allow a victim to make
9		an oral statement if the victim is present in the courtroom and
10		requests to make an oral statement. An oral statement includes
11		the victim or a representative of the victim reading the
12		written statement. The court may allow persons impacted by the
13		crime who are not victims under subsection (a) of Section 3 of
14		the Rights of Crime Victims and Witnesses Act to present an
15		oral or written statement. A victim and any person making an
16		oral statement shall not be put under oath or subject to
17		cross-examination. A record of a prior continuance under
18		supervision under Section 5-615, whether successfully
19		completed or not, is admissible at the sentencing hearing. No
20		order of commitment to the Department of Juvenile Justice
21		shall be entered against a minor before a written report of
22		social investigation, which has been completed within the
23		previous 60 days, is presented to and considered by the court.
24		(2) Once a party has been served in compliance with
25		Section 5-525, no further service or notice must be given to
26		that party prior to proceeding to a sentencing hearing. Before

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1		imposing sentence the court shall advise the State's Attorney
2		and the parties who are present or their counsel of the factual
3		contents and the conclusions of the reports prepared for the
4		use of the court and considered by it, and afford fair
5		opportunity, if requested, to controvert them. Factual
6		contents, conclusions, documents and sources disclosed by the
7		court under this paragraph shall not be further disclosed
8		without the express approval of the court.
9		(3) On its own motion or that of the State's Attorney, a
10		parent, guardian, legal custodian, or counsel, the court may
11		adjourn the hearing for a reasonable period to receive reports
12		or other evidence and, in such event, shall make an
13		appropriate order for detention of the minor or the minor's
14		release from detention subject to supervision by the court
15		during the period of the continuance. In the event the court
16		shall order detention hereunder, the period of the continuance
17		shall not exceed 30 court days. At the end of such time, the
18		court shall release the minor from detention unless notice is
19		served at least 3 days prior to the hearing on the continued
20		date that the State will be seeking an extension of the period
21		of detention, which notice shall state the reason for the
22		request for the extension. The extension of detention may be
23		for a maximum period of an additional 15 court days or a lesser
24		number of days at the discretion of the court. However, at the
25		expiration of the period of extension, the court shall release
26		the minor from detention if a further continuance is granted.

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1		In scheduling investigations and hearings, the court shall
2		give priority to proceedings in which a minor is in detention
3		or has otherwise been removed from the minor's home before a
4		sentencing order has been made.
5		(4) When commitment to the Department of Juvenile Justice
6		is ordered, the court shall state the basis for selecting the
7		particular disposition, and the court shall prepare such a
8		statement for inclusion in the record.
9		(5) Before a sentencing order is entered by the court
10		under Section 5-710 for a minor adjudged delinquent for a
11		violation of paragraph (3.5) of subsection (a) of Section 26-1
12		of the Criminal Code of 2012, in which the minor made a threat
13		of violence, death, or bodily harm against a person, school,
14		school function, or school event, the court may order a mental
15		health evaluation of the minor by a physician, clinical
16		psychologist, or qualified examiner, whether employed by the
17		State, by any public or private mental health facility or part
18		of the facility, or by any public or private medical facility
19		or part of the facility. A statement made by a minor during the
20		course of a mental health evaluation conducted under this
21		subsection (5) is not admissible on the issue of delinquency
22		during the course of an adjudicatory hearing held under this
23		Act. Neither the physician, clinical psychologist, or
24		qualified examiner, or the employer of the physician, clinical
25		psychologist, or qualified examiner, shall be held criminally,
26		civilly, or professionally liable for performing a mental

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1		health examination under this subsection (5), except for
2		willful or wanton misconduct. In this subsection (5),
3		"qualified examiner" has the meaning provided in Section 1-122
4		of the Mental Health and Developmental Disabilities Code.
5		(Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.)
6		(705 ILCS 405/5-710)
7		Sec. 5-710. Kinds of sentencing orders.
8		(1) The following kinds of sentencing orders may be made
9		in respect of wards of the court:
10		(a) Except as provided in Sections 5-805, 5-810, and
11		5-815, a minor who is found guilty under Section 5-620 may
12		be:
13		(i) put on probation or conditional discharge and
14		released to the minor's parents, guardian or legal
15		custodian, provided, however, that any such minor who
16		is not committed to the Department of Juvenile Justice
17		under this subsection and who is found to be a
18		delinquent for an offense which is first degree
19		murder, a Class X felony, or a forcible felony shall be
20		placed on probation;
21		(ii) placed in accordance with Section 5-740, with
22		or without also being put on probation or conditional
23		discharge;
24		(iii) required to undergo a substance abuse
25		assessment conducted by a licensed provider and

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1		participate in the indicated clinical level of care;
2		(iv) on and after January 1, 2015 (the effective
3		date of Public Act 98-803) and before January 1, 2017,
4		placed in the guardianship of the Department of
5		Children and Family Services, but only if the
6		delinquent minor is under 16 years of age or, pursuant
7		to Article II of this Act, a minor under the age of 18
8		for whom an independent basis of abuse, neglect, or
9		dependency exists. On and after January 1, 2017,
10		placed in the guardianship of the Department of
11		Children and Family Services, but only if the
12		delinquent minor is under 15 years of age or, pursuant
13		to Article II of this Act, a minor for whom an
14		independent basis of abuse, neglect, or dependency
15		exists. An independent basis exists when the
16		allegations or adjudication of abuse, neglect, or
17		dependency do not arise from the same facts, incident,
18		or circumstances which give rise to a charge or
19		adjudication of delinquency;
20		(v) placed in detention for a period not to exceed
21		30 days, either as the exclusive order of disposition
22		or, where appropriate, in conjunction with any other
23		order of disposition issued under this paragraph,
24		provided that any such detention shall be in a
25		juvenile detention home and the minor so detained
26		shall be 10 years of age or older. However, the 30-day

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1		limitation may be extended by further order of the
2		court for a minor under age 15 committed to the
3		Department of Children and Family Services if the
4		court finds that the minor is a danger to the minor or
5		others. The minor shall be given credit on the
6		sentencing order of detention for time spent in
7		detention under Sections 5-501, 5-601, 5-710, or 5-720
8		of this Article as a result of the offense for which
9		the sentencing order was imposed. The court may grant
10		credit on a sentencing order of detention entered
11		under a violation of probation or violation of
12		conditional discharge under Section 5-720 of this
13		Article for time spent in detention before the filing
14		of the petition alleging the violation. A minor shall
15		not be deprived of credit for time spent in detention
16		before the filing of a violation of probation or
17		conditional discharge alleging the same or related act
18		or acts. The limitation that the minor shall only be
19		placed in a juvenile detention home does not apply as
20		follows:
21		Persons 18 years of age and older who have a
22		petition of delinquency filed against them may be
23		confined in an adult detention facility. In making a
24		determination whether to confine a person 18 years of
25		age or older who has a petition of delinquency filed
26		against the person, these factors, among other

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1		matters, shall be considered:
2		(A) the age of the person;
3		(B) any previous delinquent or criminal
4		history of the person;
5		(C) any previous abuse or neglect history of
6		the person;
7		(D) any mental health history of the person;
8		and
9		(E) any educational history of the person;
10		(vi) ordered partially or completely emancipated
11		in accordance with the provisions of the Emancipation
12		of Minors Act;
13		(vii) subject to having the minor's driver's
14		license or driving privileges suspended for such time
15		as determined by the court but only until the minor
16		attains 18 years of age;
17		(viii) put on probation or conditional discharge
18		and placed in detention under Section 3-6039 of the
19		Counties Code for a period not to exceed the period of
20		incarceration permitted by law for adults found guilty
21		of the same offense or offenses for which the minor was
22		adjudicated delinquent, and in any event no longer
23		than upon attainment of age 21; this subdivision
24		(viii) notwithstanding any contrary provision of the
25		law;
26		(ix) ordered to undergo a medical or other

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1		procedure to have a tattoo symbolizing allegiance to a
2		street gang removed from the minor's body; or
3		(x) placed in electronic monitoring or home
4		detention under Part 7A of this Article.
5		(b) A minor found to be guilty may be committed to the
6		Department of Juvenile Justice under Section 5-750 if the
7		minor is at least 13 years and under 20 years of age,
8		provided that the commitment to the Department of Juvenile
9		Justice shall be made only if the minor was found guilty of
10		a felony offense or first degree murder. The court shall
11		include in the sentencing order any pre-custody credits
12		the minor is entitled to under Section 5-4.5-100 of the
13		Unified Code of Corrections. The time during which a minor
14		is in custody before being released upon the request of a
15		parent, guardian or legal custodian shall also be
16		considered as time spent in custody.
17		(c) When a minor is found to be guilty for an offense
18		which is a violation of the Illinois Controlled Substances
19		Act, the Cannabis Control Act, or the Methamphetamine
20		Control and Community Protection Act and made a ward of
21		the court, the court may enter a disposition order
22		requiring the minor to undergo assessment, counseling or
23		treatment in a substance use disorder treatment program
24		approved by the Department of Human Services.
25		(2) Any sentencing order other than commitment to the
26		Department of Juvenile Justice may provide for protective

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1		supervision under Section 5-725 and may include an order of
2		protection under Section 5-730.
3		(3) Unless the sentencing order expressly so provides, it
4		does not operate to close proceedings on the pending petition,
5		but is subject to modification until final closing and
6		discharge of the proceedings under Section 5-750.
7		(4) In addition to any other sentence, the court may order
8		any minor found to be delinquent to make restitution, in
9		monetary or non-monetary form, under the terms and conditions
10		of Section 5-5-6 of the Unified Code of Corrections, except
11		that the "presentencing hearing" referred to in that Section
12		shall be the sentencing hearing for purposes of this Section.
13		The parent, guardian or legal custodian of the minor may be
14		ordered by the court to pay some or all of the restitution on
15		the minor's behalf, pursuant to the Parental Responsibility
16		Law. The State's Attorney is authorized to act on behalf of any
17		victim in seeking restitution in proceedings under this
18		Section, up to the maximum amount allowed in Section 5 of the
19		Parental Responsibility Law.
20		(5) Any sentencing order where the minor is committed or
21		placed in accordance with Section 5-740 shall provide for the
22		parents or guardian of the estate of the minor to pay to the
23		legal custodian or guardian of the person of the minor such
24		sums as are determined by the custodian or guardian of the
25		person of the minor as necessary for the minor's needs. The
26		payments may not exceed the maximum amounts provided for by

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1		Section 9.1 of the Children and Family Services Act.
2		(6) Whenever the sentencing order requires the minor to
3		attend school or participate in a program of training, the
4		truant officer or designated school official shall regularly
5		report to the court if the minor is a chronic or habitual
6		truant under Section 26-2a of the School Code. Notwithstanding
7		any other provision of this Act, in instances in which
8		educational services are to be provided to a minor in a
9		residential facility where the minor has been placed by the
10		court, costs incurred in the provision of those educational
11		services must be allocated based on the requirements of the
12		School Code.
13		(7) In no event shall a guilty minor be committed to the
14		Department of Juvenile Justice for a period of time in excess
15		of that period for which an adult could be committed for the
16		same act. The court shall include in the sentencing order a
17		limitation on the period of confinement not to exceed the
18		maximum period of imprisonment the court could impose under
19		Chapter V of the Unified Code of Corrections.
20		(7.5) In no event shall a guilty minor be committed to the
21		Department of Juvenile Justice or placed in detention when the
22		act for which the minor was adjudicated delinquent would not
23		be illegal if committed by an adult.
24		(7.6) In no event shall a guilty minor be committed to the
25		Department of Juvenile Justice for an offense which is a Class
26		4 felony under Section 19-4 (criminal trespass to a

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1		residence), 21-1 (criminal damage to property), 21-1.01
2		(criminal damage to government supported property), 21-1.3
3		(criminal defacement of property), 26-1 (disorderly conduct),
4		or 31-4 (obstructing justice) of the Criminal Code of 2012.
5		(7.75) In no event shall a guilty minor be committed to the
6		Department of Juvenile Justice for an offense that is a Class 3
7		or Class 4 felony violation of the Illinois Controlled
8		Substances Act unless the commitment occurs upon a third or
9		subsequent judicial finding of a violation of probation for
10		substantial noncompliance with court-ordered treatment or
11		programming.
12		(8) A minor found to be guilty for reasons that include a
13		violation of Section 21-1.3 of the Criminal Code of 1961 or the
14		Criminal Code of 2012 shall be ordered to perform community
15		service for not less than 30 and not more than 120 hours, if
16		community service is available in the jurisdiction. The
17		community service shall include, but need not be limited to,
18		the cleanup and repair of the damage that was caused by the
19		violation or similar damage to property located in the
20		municipality or county in which the violation occurred. The
21		order may be in addition to any other order authorized by this
22		Section. Community service shall not interfere with the school
23		hours, school-related activities, or work commitments of the
24		minor or the minor's parent, guardian, or legal custodian.
25		(8.5) A minor found to be guilty for reasons that include a
26		violation of Section 3.02 or Section 3.03 of the Humane Care

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1		for Animals Act or paragraph (d) of subsection (1) of Section
2		21-1 of the Criminal Code of 1961 or paragraph (4) of
3		subsection (a) of Section 21-1 of the Criminal Code of 2012
4		shall be ordered to undergo medical or psychiatric treatment
5		rendered by a psychiatrist or psychological treatment rendered
6		by a clinical psychologist. The order may be in addition to any
7		other order authorized by this Section.
8		(9) In addition to any other sentencing order, the court
9		shall order any minor found to be guilty for an act which would
10		constitute, predatory criminal sexual assault of a child,
11		aggravated criminal sexual assault, criminal sexual assault,
12		aggravated criminal sexual abuse, or criminal sexual abuse if
13		committed by an adult to undergo medical testing to determine
14		whether the defendant has any sexually transmissible disease
15		including a test for infection with human immunodeficiency
16		virus (HIV) or any other identified causative agency of
17		acquired immunodeficiency syndrome (AIDS). Any medical test
18		shall be performed only by appropriately licensed medical
19		practitioners and may include an analysis of any bodily fluids
20		as well as an examination of the minor's person. Except as
21		otherwise provided by law, the results of the test shall be
22		kept strictly confidential by all medical personnel involved
23		in the testing and must be personally delivered in a sealed
24		envelope to the judge of the court in which the sentencing
25		order was entered for the judge's inspection in camera. Acting
26		in accordance with the best interests of the victim and the

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1		public, the judge shall have the discretion to determine to
2		whom the results of the testing may be revealed. The court
3		shall notify the minor of the results of the test for infection
4		with the human immunodeficiency virus (HIV). The court shall
5		also notify the victim if requested by the victim, and if the
6		victim is under the age of 15 and if requested by the victim's
7		parents or legal guardian, the court shall notify the victim's
8		parents or the legal guardian, of the results of the test for
9		infection with the human immunodeficiency virus (HIV). The
10		court shall provide information on the availability of HIV
11		testing and counseling at the Department of Public Health
12		facilities to all parties to whom the results of the testing
13		are revealed. The court shall order that the cost of any test
14		shall be paid by the county.
15		(10) When a court finds a minor to be guilty the court
16		shall, before entering a sentencing order under this Section,
17		make a finding whether the offense committed either: (a) was
18		related to or in furtherance of the criminal activities of an
19		organized gang or was motivated by the minor's membership in
20		or allegiance to an organized gang, or (b) involved a
21		violation of subsection (a) of Section 12-7.1 of the Criminal
22		Code of 1961 or the Criminal Code of 2012, a violation of any
23		Section of Article 24 of the Criminal Code of 1961 or the
24		Criminal Code of 2012, or a violation of any statute that
25		involved the wrongful use of a firearm. If the court
26		determines the question in the affirmative, and the court does

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1		not commit the minor to the Department of Juvenile Justice,
2		the court shall order the minor to perform community service
3		for not less than 30 hours nor more than 120 hours, provided
4		that community service is available in the jurisdiction and is
5		funded and approved by the county board of the county where the
6		offense was committed. The community service shall include,
7		but need not be limited to, the cleanup and repair of any
8		damage caused by a violation of Section 21-1.3 of the Criminal
9		Code of 1961 or the Criminal Code of 2012 and similar damage to
10		property located in the municipality or county in which the
11		violation occurred. When possible and reasonable, the
12		community service shall be performed in the minor's
13		neighborhood. This order shall be in addition to any other
14		order authorized by this Section except for an order to place
15		the minor in the custody of the Department of Juvenile
16		Justice. Community service shall not interfere with the school
17		hours, school-related activities, or work commitments of the
18		minor or the minor's parent, guardian, or legal custodian. For
19		the purposes of this Section, "organized gang" has the meaning
20		ascribed to it in Section 10 of the Illinois Streetgang
21		Terrorism Omnibus Prevention Act.
22		(11) If the court determines that the offense was
23		committed in furtherance of the criminal activities of an
24		organized gang, as provided in subsection (10), and that the
25		offense involved the operation or use of a motor vehicle or the
26		use of a driver's license or permit, the court shall notify the

HB4844 Engrossed - 1852 - LRB103 39009 AMC 69146 b
1		Secretary of State of that determination and of the period for
2		which the minor shall be denied driving privileges. If, at the
3		time of the determination, the minor does not hold a driver's
4		license or permit, the court shall provide that the minor
5		shall not be issued a driver's license or permit until the
6		minor's 18th birthday. If the minor holds a driver's license
7		or permit at the time of the determination, the court shall
8		provide that the minor's driver's license or permit shall be
9		revoked until the minor's 21st birthday, or until a later date
10		or occurrence determined by the court. If the minor holds a
11		driver's license at the time of the determination, the court
12		may direct the Secretary of State to issue the minor a judicial
13		driving permit, also known as a JDP. The JDP shall be subject
14		to the same terms as a JDP issued under Section 6-206.1 of the
15		Illinois Vehicle Code, except that the court may direct that
16		the JDP be effective immediately.
17		(12) (Blank).
18		(13) Fines and assessments, including any fee or
19		administrative cost authorized under Section 5-4.5-105,
20		5-5-10, 5-6-3, 5-6-3.1, 5-7-6, 5-9-1.4, or 5-9-1.9 of the
21		Unified Code of Corrections, relating to any sentencing order
22		shall not be ordered or imposed on a minor or the minor's
23		parent, guardian, or legal custodian. The inability of a
24		minor, or minor's parent, guardian, or legal custodian, to
25		cover the costs associated with an appropriate sentencing
26		order shall not be the basis for the court to enter a

HB4844 Engrossed - 1853 - LRB103 39009 AMC 69146 b
1		sentencing order incongruent with the court's findings
2		regarding the offense on which the minor was adjudicated or
3		the mitigating factors.
4		(Source: P.A. 102-558, eff. 8-20-21; 103-22, eff. 8-8-23;
5		103-379, eff. 7-28-23; revised 8-25-23.)
6		(705 ILCS 405/5-715)
7		Sec. 5-715. Probation.
8		(1) The period of probation or conditional discharge shall
9		not exceed 5 years or until the minor has attained the age of
10		21 years, whichever is less, except as provided in this
11		Section for a minor who is found to be guilty for an offense
12		which is first degree murder. The juvenile court may terminate
13		probation or conditional discharge and discharge the minor at
14		any time if warranted by the conduct of the minor and the ends
15		of justice; provided, however, that the period of probation
16		for a minor who is found to be guilty for an offense which is
17		first degree murder shall be at least 5 years.
18		(1.5) The period of probation for a minor who is found
19		guilty of aggravated criminal sexual assault, criminal sexual
20		assault, or aggravated battery with a firearm shall be at
21		least 36 months. The period of probation for a minor who is
22		found to be guilty of any other Class X felony shall be at
23		least 24 months. The period of probation for a Class 1 or Class
24		2 forcible felony shall be at least 18 months. Regardless of
25		the length of probation ordered by the court, for all offenses

HB4844 Engrossed - 1854 - LRB103 39009 AMC 69146 b
1		under this subsection paragraph (1.5), the court shall
2		schedule hearings to determine whether it is in the best
3		interest of the minor and public safety to terminate probation
4		after the minimum period of probation has been served. In such
5		a hearing, there shall be a rebuttable presumption that it is
6		in the best interest of the minor and public safety to
7		terminate probation.
8		(2) The court may as a condition of probation or of
9		conditional discharge require that the minor:
10		(a) not violate any criminal statute of any
11		jurisdiction;
12		(b) make a report to and appear in person before any
13		person or agency as directed by the court;
14		(c) work or pursue a course of study or vocational
15		training;
16		(d) undergo medical or psychiatric treatment, rendered
17		by a psychiatrist or psychological treatment rendered by a
18		clinical psychologist or social work services rendered by
19		a clinical social worker, or treatment for drug addiction
20		or alcoholism;
21		(e) attend or reside in a facility established for the
22		instruction or residence of persons on probation;
23		(f) support the minor's dependents, if any;
24		(g) refrain from possessing a firearm or other
25		dangerous weapon, or an automobile;
26		(h) permit the probation officer to visit the minor at

HB4844 Engrossed - 1855 - LRB103 39009 AMC 69146 b
1		the minor's home or elsewhere;
2		(i) reside with the minor's parents or in a foster
3		home;
4		(j) attend school;
5		(j-5) with the consent of the superintendent of the
6		facility, attend an educational program at a facility
7		other than the school in which the offense was committed
8		if the minor committed a crime of violence as defined in
9		Section 2 of the Crime Victims Compensation Act in a
10		school, on the real property comprising a school, or
11		within 1,000 feet of the real property comprising a
12		school;
13		(k) attend a non-residential program for youth;
14		(l) make restitution under the terms of subsection (4)
15		of Section 5-710;
16		(m) provide nonfinancial contributions to the minor's
17		own support at home or in a foster home;
18		(n) perform some reasonable public or community
19		service that does not interfere with school hours,
20		school-related activities, or work commitments of the
21		minor or the minor's parent, guardian, or legal custodian;
22		(o) participate with community corrections programs
23		including unified delinquency intervention services
24		administered by the Department of Human Services subject
25		to Section 5 of the Children and Family Services Act;
26		(p) (blank);

HB4844 Engrossed - 1856 - LRB103 39009 AMC 69146 b
1		(q) serve a term of home confinement. In addition to
2		any other applicable condition of probation or conditional
3		discharge, the conditions of home confinement shall be
4		that the minor:
5		(i) remain within the interior premises of the
6		place designated for the minor's confinement during
7		the hours designated by the court;
8		(ii) admit any person or agent designated by the
9		court into the minor's place of confinement at any
10		time for purposes of verifying the minor's compliance
11		with the conditions of the minor's confinement; and
12		(iii) use an approved electronic monitoring device
13		if ordered by the court subject to Article 8A of
14		Chapter V of the Unified Code of Corrections;
15		(r) refrain from entering into a designated geographic
16		area except upon terms as the court finds appropriate. The
17		terms may include consideration of the purpose of the
18		entry, the time of day, other persons accompanying the
19		minor, and advance approval by a probation officer, if the
20		minor has been placed on probation, or advance approval by
21		the court, if the minor has been placed on conditional
22		discharge;
23		(s) refrain from having any contact, directly or
24		indirectly, with certain specified persons or particular
25		types of persons, including, but not limited to, members
26		of street gangs and drug users or dealers;

HB4844 Engrossed - 1857 - LRB103 39009 AMC 69146 b
1		(s-5) undergo a medical or other procedure to have a
2		tattoo symbolizing allegiance to a street gang removed
3		from the minor's body;
4		(t) refrain from having in the minor's body the
5		presence of any illicit drug prohibited by the Cannabis
6		Control Act, the Illinois Controlled Substances Act, or
7		the Methamphetamine Control and Community Protection Act,
8		unless prescribed by a physician, and shall submit samples
9		of the minor's blood or urine or both for tests to
10		determine the presence of any illicit drug; or
11		(u) comply with other conditions as may be ordered by
12		the court.
13		(3) The court may as a condition of probation or of
14		conditional discharge require that a minor found guilty on any
15		alcohol, cannabis, methamphetamine, or controlled substance
16		violation, refrain from acquiring a driver's license during
17		the period of probation or conditional discharge. If the minor
18		is in possession of a permit or license, the court may require
19		that the minor refrain from driving or operating any motor
20		vehicle during the period of probation or conditional
21		discharge, except as may be necessary in the course of the
22		minor's lawful employment.
23		(3.5) The court shall, as a condition of probation or of
24		conditional discharge, require that a minor found to be guilty
25		and placed on probation for reasons that include a violation
26		of Section 3.02 or Section 3.03 of the Humane Care for Animals

HB4844 Engrossed - 1858 - LRB103 39009 AMC 69146 b
1		Act or paragraph (4) of subsection (a) of Section 21-1 of the
2		Criminal Code of 2012 undergo medical or psychiatric treatment
3		rendered by a psychiatrist or psychological treatment rendered
4		by a clinical psychologist. The condition may be in addition
5		to any other condition.
6		(3.10) The court shall order that a minor placed on
7		probation or conditional discharge for a sex offense as
8		defined in the Sex Offender Management Board Act undergo and
9		successfully complete sex offender treatment. The treatment
10		shall be in conformance with the standards developed under the
11		Sex Offender Management Board Act and conducted by a treatment
12		provider approved by the Board.
13		(4) A minor on probation or conditional discharge shall be
14		given a certificate setting forth the conditions upon which
15		the minor is being released.
16		(5) (Blank).
17		(5.5) Jurisdiction over an offender may be transferred
18		from the sentencing court to the court of another circuit with
19		the concurrence of both courts. Further transfers or
20		retransfers of jurisdiction are also authorized in the same
21		manner. The court to which jurisdiction has been transferred
22		shall have the same powers as the sentencing court.
23		If the transfer case originated in another state and has
24		been transferred under the Interstate Compact for Juveniles to
25		the jurisdiction of an Illinois circuit court for supervision
26		by an Illinois probation department, probation fees may be

HB4844 Engrossed - 1859 - LRB103 39009 AMC 69146 b
1		imposed only if permitted by the Interstate Commission for
2		Juveniles.
3		(6) The General Assembly finds that in order to protect
4		the public, the juvenile justice system must compel compliance
5		with the conditions of probation by responding to violations
6		with swift, certain, and fair punishments and intermediate
7		sanctions. The Chief Judge of each circuit shall adopt a
8		system of structured, intermediate sanctions for violations of
9		the terms and conditions of a sentence of supervision,
10		probation, or conditional discharge, under this Act.
11		The court shall provide as a condition of a disposition of
12		probation, conditional discharge, or supervision, that the
13		probation agency may invoke any sanction from the list of
14		intermediate sanctions adopted by the chief judge of the
15		circuit court for violations of the terms and conditions of
16		the sentence of probation, conditional discharge, or
17		supervision, subject to the provisions of Section 5-720 of
18		this Act.
19		(7) Fines and assessments, including any fee or
20		administrative cost authorized under Section 5-4.5-105,
21		5-5-10, 5-6-3, 5-6-3.1, 5-7-6, 5-9-1.4, or 5-9-1.9 of the
22		Unified Code of Corrections, shall not be ordered or imposed
23		on a minor or the minor's parent, guardian, or legal custodian
24		as a condition of probation, conditional discharge, or
25		supervision. If the minor or the minor's parent, guardian, or
26		legal custodian is unable to cover the cost of a condition

HB4844 Engrossed - 1860 - LRB103 39009 AMC 69146 b
1		under this subsection, the court shall not preclude the minor
2		from receiving probation, conditional discharge, or
3		supervision based on the inability to pay. Inability to pay
4		shall not be grounds to object to the minor's placement on
5		probation, conditional discharge, or supervision.
6		(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23;
7		revised 9-25-23.)
8		(705 ILCS 405/5-810)
9		Sec. 5-810. Extended jurisdiction juvenile prosecutions.
10		(1)(a) If the State's Attorney files a petition, at any
11		time prior to commencement of the minor's trial, to designate
12		the proceeding as an extended jurisdiction juvenile
13		prosecution and the petition alleges the commission by a minor
14		13 years of age or older of any offense which would be a felony
15		if committed by an adult, and, if the juvenile judge assigned
16		to hear and determine petitions to designate the proceeding as
17		an extended jurisdiction juvenile prosecution determines that
18		there is probable cause to believe that the allegations in the
19		petition and motion are true, there is a rebuttable
20		presumption that the proceeding shall be designated as an
21		extended jurisdiction juvenile proceeding.
22		(b) The judge shall enter an order designating the
23		proceeding as an extended jurisdiction juvenile proceeding
24		unless the judge makes a finding based on clear and convincing
25		evidence that sentencing under the Chapter V of the Unified

HB4844 Engrossed - 1861 - LRB103 39009 AMC 69146 b
1		Code of Corrections would not be appropriate for the minor
2		based on an evaluation of the following factors:
3		(i) the age of the minor;
4		(ii) the history of the minor, including:
5		(A) any previous delinquent or criminal history of
6		the minor,
7		(B) any previous abuse or neglect history of the
8		minor,
9		(C) any mental health, physical and/or educational
10		history of the minor, and
11		(D) any involvement of the minor in the child
12		welfare system;
13		(iii) the circumstances of the offense, including:
14		(A) the seriousness of the offense,
15		(B) whether the minor is charged through
16		accountability,
17		(C) whether there is evidence the offense was
18		committed in an aggressive and premeditated manner,
19		(D) whether there is evidence the offense caused
20		serious bodily harm,
21		(E) whether there is evidence the minor possessed
22		a deadly weapon,
23		(F) whether there is evidence the minor was
24		subjected to outside pressure, including peer
25		pressure, familial pressure, or negative influences,
26		and

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1		(G) the minor's degree of participation and
2		specific role in the offense;
3		(iv) the advantages of treatment within the juvenile
4		justice system including whether there are facilities or
5		programs, or both, particularly available in the juvenile
6		system;
7		(v) whether the security of the public requires
8		sentencing under Chapter V of the Unified Code of
9		Corrections:
10		(A) the minor's history of services, including the
11		minor's willingness to participate meaningfully in
12		available services;
13		(B) whether there is a reasonable likelihood that
14		the minor can be rehabilitated before the expiration
15		of the juvenile court's jurisdiction;
16		(C) the adequacy of the punishment or services.
17		In considering these factors, the court shall give greater
18		weight to the seriousness of the alleged offense, and the
19		minor's prior record of delinquency than to other factors
20		listed in this subsection.
21		(2) Procedures for extended jurisdiction juvenile
22		prosecutions. The State's Attorney may file a written motion
23		for a proceeding to be designated as an extended juvenile
24		jurisdiction prior to commencement of trial. Notice of the
25		motion shall be in compliance with Section 5-530. When the
26		State's Attorney files a written motion that a proceeding be

HB4844 Engrossed - 1863 - LRB103 39009 AMC 69146 b
1		designated an extended jurisdiction juvenile prosecution, the
2		court shall commence a hearing within 30 days of the filing of
3		the motion for designation, unless good cause is shown by the
4		prosecution or the minor as to why the hearing could not be
5		held within this time period. If the court finds good cause has
6		been demonstrated, then the hearing shall be held within 60
7		days of the filing of the motion. The hearings shall be open to
8		the public unless the judge finds that the hearing should be
9		closed for the protection of any party, victim or witness. If
10		the Juvenile Judge assigned to hear and determine a motion to
11		designate an extended jurisdiction juvenile prosecution
12		determines that there is probable cause to believe that the
13		allegations in the petition and motion are true the court
14		shall grant the motion for designation. Information used by
15		the court in its findings or stated in or offered in connection
16		with this Section may be by way of proffer based on reliable
17		information offered by the State or the minor. All evidence
18		shall be admissible if it is relevant and reliable regardless
19		of whether it would be admissible under the rules of evidence.
20		(3) Trial. A minor who is subject of an extended
21		jurisdiction juvenile prosecution has the right to trial by
22		jury. Any trial under this Section shall be open to the public.
23		(4) Sentencing. If an extended jurisdiction juvenile
24		prosecution under subsection (1) results in a guilty plea, a
25		verdict of guilty, or a finding of guilt, the court shall
26		impose the following:

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1		(i) one or more juvenile sentences under Section
2		5-710; and
3		(ii) an adult criminal sentence in accordance with the
4		provisions of Section 5-4.5-105 of the Unified Code of
5		Corrections, the execution of which shall be stayed on the
6		condition that the offender not violate the provisions of
7		the juvenile sentence.
8		Any sentencing hearing under this Section shall be open to the
9		public.
10		(5) If, after an extended jurisdiction juvenile
11		prosecution trial, a minor is convicted of a lesser-included
12		offense or of an offense that the State's Attorney did not
13		designate as an extended jurisdiction juvenile prosecution,
14		the State's Attorney may file a written motion, within 10 days
15		of the finding of guilt, that the minor be sentenced as an
16		extended jurisdiction juvenile prosecution offender. The court
17		shall rule on this motion using the factors found in paragraph
18		(1)(b) of Section 5-805. If the court denies the State's
19		Attorney's motion for sentencing under the extended
20		jurisdiction juvenile prosecution provision, the court shall
21		proceed to sentence the minor under Section 5-710.
22		(6) When it appears that a minor convicted in an extended
23		jurisdiction juvenile prosecution under subsection (1) has
24		violated the conditions of the minor's sentence, or is alleged
25		to have committed a new offense upon the filing of a petition
26		to revoke the stay, the court may, without notice, issue a

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1		warrant for the arrest of the minor. After a hearing, if the
2		court finds by a preponderance of the evidence that the minor
3		committed a new offense, the court shall order execution of
4		the previously imposed adult criminal sentence. After a
5		hearing, if the court finds by a preponderance of the evidence
6		that the minor committed a violation of the minor's sentence
7		other than by a new offense, the court may order execution of
8		the previously imposed adult criminal sentence or may continue
9		the minor on the existing juvenile sentence with or without
10		modifying or enlarging the conditions. Upon revocation of the
11		stay of the adult criminal sentence and imposition of that
12		sentence, the minor's extended jurisdiction juvenile status
13		shall be terminated. The on-going jurisdiction over the
14		minor's case shall be assumed by the adult criminal court and
15		juvenile court jurisdiction shall be terminated and a report
16		of the imposition of the adult sentence shall be sent to the
17		Illinois State Police.
18		(7) Upon successful completion of the juvenile sentence
19		the court shall vacate the adult criminal sentence.
20		(8) Nothing in this Section precludes the State from
21		filing a motion for transfer under Section 5-805.
22		(Source: P.A. 103-22, eff. 8-8-23; 103-191, eff. 1-1-24;
23		revised 12-15-23.)
24		(705 ILCS 405/5-915)
25		Sec. 5-915. Expungement of juvenile law enforcement and

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1		juvenile court records.
2		(0.05) (Blank).
3		(0.1)(a) The Illinois State Police and all law enforcement
4		agencies within the State shall automatically expunge, on or
5		before January 1 of each year, except as described in
6		paragraph (c) of this subsection (0.1), all juvenile law
7		enforcement records relating to events occurring before an
8		individual's 18th birthday if:
9		(1) one year or more has elapsed since the date of the
10		arrest or law enforcement interaction documented in the
11		records;
12		(2) no petition for delinquency or criminal charges
13		were filed with the clerk of the circuit court relating to
14		the arrest or law enforcement interaction documented in
15		the records; and
16		(3) 6 months have elapsed since the date of the arrest
17		without an additional subsequent arrest or filing of a
18		petition for delinquency or criminal charges whether
19		related or not to the arrest or law enforcement
20		interaction documented in the records.
21		(b) If the law enforcement agency is unable to verify
22		satisfaction of conditions (2) and (3) of this subsection
23		(0.1), records that satisfy condition (1) of this subsection
24		(0.1) shall be automatically expunged if the records relate to
25		an offense that if committed by an adult would not be an
26		offense classified as a Class 2 felony or higher, an offense

HB4844 Engrossed - 1867 - LRB103 39009 AMC 69146 b
1		under Article 11 of the Criminal Code of 1961 or Criminal Code
2		of 2012, or an offense under Section 12-13, 12-14, 12-14.1,
3		12-15, or 12-16 of the Criminal Code of 1961.
4		(c) If the juvenile law enforcement record was received
5		through a public submission to a statewide student
6		confidential reporting system administered by the Illinois
7		State Police, the record will be maintained for a period of 5
8		years according to all other provisions in this subsection
9		(0.1).
10		(0.15) If a juvenile law enforcement record meets
11		paragraph (a) of subsection (0.1) of this Section, a juvenile
12		law enforcement record created:
13		(1) prior to January 1, 2018, but on or after January
14		1, 2013 shall be automatically expunged prior to January
15		1, 2020;
16		(2) prior to January 1, 2013, but on or after January
17		1, 2000, shall be automatically expunged prior to January
18		1, 2023; and
19		(3) prior to January 1, 2000 shall not be subject to
20		the automatic expungement provisions of this Act.
21		Nothing in this subsection (0.15) shall be construed to
22		restrict or modify an individual's right to have the person's
23		juvenile law enforcement records expunged except as otherwise
24		may be provided in this Act.
25		(0.2)(a) Upon dismissal of a petition alleging delinquency
26		or upon a finding of not delinquent, the successful

HB4844 Engrossed - 1868 - LRB103 39009 AMC 69146 b
1		termination of an order of supervision, or the successful
2		termination of an adjudication for an offense which would be a
3		Class B misdemeanor, Class C misdemeanor, or a petty or
4		business offense if committed by an adult, the court shall
5		automatically order the expungement of the juvenile court
6		records and juvenile law enforcement records. The clerk shall
7		deliver a certified copy of the expungement order to the
8		Illinois State Police and the arresting agency. Upon request,
9		the State's Attorney shall furnish the name of the arresting
10		agency. The expungement shall be completed within 60 business
11		days after the receipt of the expungement order.
12		(b) If the chief law enforcement officer of the agency, or
13		the chief law enforcement officer's designee, certifies in
14		writing that certain information is needed for a pending
15		investigation involving the commission of a felony, that
16		information, and information identifying the juvenile, may be
17		retained until the statute of limitations for the felony has
18		run. If the chief law enforcement officer of the agency, or the
19		chief law enforcement officer's designee, certifies in writing
20		that certain information is needed with respect to an internal
21		investigation of any law enforcement office, that information
22		and information identifying the juvenile may be retained
23		within an intelligence file until the investigation is
24		terminated or the disciplinary action, including appeals, has
25		been completed, whichever is later. Retention of a portion of
26		a juvenile's law enforcement record does not disqualify the

HB4844 Engrossed - 1869 - LRB103 39009 AMC 69146 b
1		remainder of a juvenile's record from immediate automatic
2		expungement.
3		(0.3)(a) Upon an adjudication of delinquency based on any
4		offense except a disqualified offense, the juvenile court
5		shall automatically order the expungement of the juvenile
6		court and law enforcement records 2 years after the juvenile's
7		case was closed if no delinquency or criminal proceeding is
8		pending and the person has had no subsequent delinquency
9		adjudication or criminal conviction. The clerk shall deliver a
10		certified copy of the expungement order to the Illinois State
11		Police and the arresting agency. Upon request, the State's
12		Attorney shall furnish the name of the arresting agency. The
13		expungement shall be completed within 60 business days after
14		the receipt of the expungement order. In this subsection
15		(0.3), "disqualified offense" means any of the following
16		offenses: Section 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2,
17		10-1, 10-2, 10-3, 10-3.1, 10-4, 10-5, 10-9, 11-1.20, 11-1.30,
18		11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 12-2, 12-3.05,
19		12-3.3, 12-4.4a, 12-5.02, 12-6.2, 12-6.5, 12-7.1, 12-7.5,
20		12-20.5, 12-32, 12-33, 12-34, 12-34.5, 18-1, 18-2, 18-3, 18-4,
21		18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2, 24-1.2-5, 24-1.5,
22		24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9, 29D-14.9, 29D-20, 30-1,
23		31-1a, 32-4a, or 33A-2 of the Criminal Code of 2012, or
24		subsection (b) of Section 8-1, paragraph (4) of subsection (a)
25		of Section 11-14.4, subsection (a-5) of Section 12-3.1,
26		paragraph (1), (2), or (3) of subsection (a) of Section 12-6,

HB4844 Engrossed - 1870 - LRB103 39009 AMC 69146 b
1		subsection (a-3) or (a-5) of Section 12-7.3, paragraph (1) or
2		(2) of subsection (a) of Section 12-7.4, subparagraph (i) of
3		paragraph (1) of subsection (a) of Section 12-9, subparagraph
4		(H) of paragraph (3) of subsection (a) of Section 24-1.6,
5		paragraph (1) of subsection (a) of Section 25-1, or subsection
6		(a-7) of Section 31-1 of the Criminal Code of 2012.
7		(b) If the chief law enforcement officer of the agency, or
8		the chief law enforcement officer's designee, certifies in
9		writing that certain information is needed for a pending
10		investigation involving the commission of a felony, that
11		information, and information identifying the juvenile, may be
12		retained in an intelligence file until the investigation is
13		terminated or for one additional year, whichever is sooner.
14		Retention of a portion of a juvenile's juvenile law
15		enforcement record does not disqualify the remainder of a
16		juvenile's record from immediate automatic expungement.
17		(0.4) Automatic expungement for the purposes of this
18		Section shall not require law enforcement agencies to
19		obliterate or otherwise destroy juvenile law enforcement
20		records that would otherwise need to be automatically expunged
21		under this Act, except after 2 years following the subject
22		arrest for purposes of use in civil litigation against a
23		governmental entity or its law enforcement agency or personnel
24		which created, maintained, or used the records. However, these
25		juvenile law enforcement records shall be considered expunged
26		for all other purposes during this period and the offense,

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1		which the records or files concern, shall be treated as if it
2		never occurred as required under Section 5-923.
3		(0.5) Subsection (0.1) or (0.2) of this Section does not
4		apply to violations of traffic, boating, fish and game laws,
5		or county or municipal ordinances.
6		(0.6) Juvenile law enforcement records of a plaintiff who
7		has filed civil litigation against the governmental entity or
8		its law enforcement agency or personnel that created,
9		maintained, or used the records, or juvenile law enforcement
10		records that contain information related to the allegations
11		set forth in the civil litigation may not be expunged until
12		after 2 years have elapsed after the conclusion of the
13		lawsuit, including any appeal.
14		(0.7) Officer-worn body camera recordings shall not be
15		automatically expunged except as otherwise authorized by the
16		Law Enforcement Officer-Worn Body Camera Act.
17		(1) Whenever a person has been arrested, charged, or
18		adjudicated delinquent for an incident occurring before a
19		person's 18th birthday that if committed by an adult would be
20		an offense, and that person's juvenile law enforcement and
21		juvenile court records are not eligible for automatic
22		expungement under subsection (0.1), (0.2), or (0.3), the
23		person may petition the court at any time at no cost to the
24		person for expungement of juvenile law enforcement records and
25		juvenile court records relating to the incident and, upon
26		termination of all juvenile court proceedings relating to that

HB4844 Engrossed - 1872 - LRB103 39009 AMC 69146 b
1		incident, the court shall order the expungement of all records
2		in the possession of the Illinois State Police, the clerk of
3		the circuit court, and law enforcement agencies relating to
4		the incident, but only in any of the following circumstances:
5		(a) the minor was arrested and no petition for
6		delinquency was filed with the clerk of the circuit court;
7		(a-5) the minor was charged with an offense and the
8		petition or petitions were dismissed without a finding of
9		delinquency;
10		(b) the minor was charged with an offense and was
11		found not delinquent of that offense;
12		(c) the minor was placed under supervision under
13		Section 5-615, and the order of supervision has since been
14		successfully terminated; or
15		(d) the minor was adjudicated for an offense which
16		would be a Class B misdemeanor, Class C misdemeanor, or a
17		petty or business offense if committed by an adult.
18		(1.5) At no cost to the person, the Illinois State Police
19		shall allow a person to use the Access and Review process,
20		established in the Illinois State Police, for verifying that
21		the person's juvenile law enforcement records relating to
22		incidents occurring before the person's 18th birthday eligible
23		under this Act have been expunged.
24		(1.6) (Blank).
25		(1.7) (Blank).
26		(1.8) (Blank).

HB4844 Engrossed - 1873 - LRB103 39009 AMC 69146 b
1		(2) Any person whose delinquency adjudications are not
2		eligible for automatic expungement under subsection (0.3) of
3		this Section may petition the court at no cost to the person to
4		expunge all juvenile law enforcement records relating to any
5		incidents occurring before the person's 18th birthday which
6		did not result in proceedings in criminal court and all
7		juvenile court records with respect to any adjudications
8		except those based upon first degree murder or an offense
9		under Article 11 of the Criminal Code of 2012 if the person is
10		required to register under the Sex Offender Registration Act
11		at the time the person petitions the court for expungement;
12		provided that 2 years have elapsed since all juvenile court
13		proceedings relating to the person have been terminated and
14		the person's commitment to the Department of Juvenile Justice
15		under this Act has been terminated.
16		(2.5) If a minor is arrested and no petition for
17		delinquency is filed with the clerk of the circuit court at the
18		time the minor is released from custody, the youth officer, if
19		applicable, or other designated person from the arresting
20		agency, shall notify verbally and in writing to the minor or
21		the minor's parents or guardians that the minor shall have an
22		arrest record and shall provide the minor and the minor's
23		parents or guardians with an expungement information packet,
24		information regarding this State's expungement laws including
25		a petition to expunge juvenile law enforcement and juvenile
26		court records obtained from the clerk of the circuit court.

HB4844 Engrossed - 1874 - LRB103 39009 AMC 69146 b
1		(2.6) If a minor is referred to court, then, at the time of
2		sentencing, dismissal of the case, or successful completion of
3		supervision, the judge shall inform the delinquent minor of
4		the minor's rights regarding expungement and the clerk of the
5		circuit court shall provide an expungement information packet
6		to the minor, written in plain language, including information
7		regarding this State's expungement laws and a petition for
8		expungement, a sample of a completed petition, expungement
9		instructions that shall include information informing the
10		minor that (i) once the case is expunged, it shall be treated
11		as if it never occurred, (ii) the minor shall not be charged a
12		fee to petition for expungement, (iii) once the minor obtains
13		an expungement, the minor may not be required to disclose that
14		the minor had a juvenile law enforcement or juvenile court
15		record, and (iv) if petitioning the minor may file the
16		petition on the minor's own or with the assistance of an
17		attorney. The failure of the judge to inform the delinquent
18		minor of the minor's right to petition for expungement as
19		provided by law does not create a substantive right, nor is
20		that failure grounds for: (i) a reversal of an adjudication of
21		delinquency; (ii) a new trial; or (iii) an appeal.
22		(2.7) (Blank).
23		(2.8) (Blank).
24		(3) (Blank).
25		(3.1) (Blank).
26		(3.2) (Blank).

HB4844 Engrossed - 1875 - LRB103 39009 AMC 69146 b
1		(3.3) (Blank).
2		(4) (Blank).
3		(5) (Blank).
4		(5.5) Whether or not expunged, records eligible for
5		automatic expungement under subdivision (0.1)(a), (0.2)(a), or
6		(0.3)(a) may be treated as expunged by the individual subject
7		to the records.
8		(6) (Blank).
9		(6.5) The Illinois State Police or any employee of the
10		Illinois State Police shall be immune from civil or criminal
11		liability for failure to expunge any records of arrest that
12		are subject to expungement under this Section because of
13		inability to verify a record. Nothing in this Section shall
14		create Illinois State Police liability or responsibility for
15		the expungement of juvenile law enforcement records it does
16		not possess.
17		(7) (Blank).
18		(7.5) (Blank).
19		(8) The expungement of juvenile law enforcement or
20		juvenile court records under subsection (0.1), (0.2), or (0.3)
21		of this Section shall be funded by appropriation by the
22		General Assembly for that purpose.
23		(9) (Blank).
24		(10) (Blank).
25		(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;
26		102-752, eff. 1-1-23; 103-22, eff. 8-8-23; 103-154, eff.

HB4844 Engrossed - 1876 - LRB103 39009 AMC 69146 b
1		6-30-23; 103-379, eff. 7-28-23; revised 8-30-23.)
2		(705 ILCS 405/6-7) (from Ch. 37, par. 806-7)
3		Sec. 6-7. Financial responsibility of counties.
4		(1) Each county board shall provide in its annual
5		appropriation ordinance or annual budget, as the case may be,
6		a reasonable sum for payments for the care and support of
7		minors, and for payments for court appointed counsel in
8		accordance with orders entered under this Act in an amount
9		which in the judgment of the county board may be needed for
10		that purpose. Such appropriation or budget item constitutes a
11		separate fund into which shall be paid the moneys appropriated
12		by the county board, and all reimbursements by other persons
13		and by the State. For cases involving minors subject to
14		Article III, IV, or V of this Act or minors under the age of 18
15		transferred to adult court or excluded from juvenile court
16		jurisdiction under Article V of this Act, the county board
17		shall not seek reimbursement from a minor or the minor's
18		parent, guardian, or legal custodian.
19		(2) No county may be charged with the care and support of
20		any minor who is not a resident of the county unless the
21		minor's parents or guardian are unknown or the minor's place
22		of residence cannot be determined.
23		(3) No order upon the county for care and support of a
24		minor may be entered until the president or chairman of the
25		county board has had due notice that such a proceeding is

HB4844 Engrossed - 1877 - LRB103 39009 AMC 69146 b
1		pending.
2		(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23;
3		revised 8-30-23.)
4		(705 ILCS 405/6-9) (from Ch. 37, par. 806-9)
5		Sec. 6-9. Enforcement of liability of parents and others.
6		(1) If parentage is at issue in any proceeding under this
7		Act, other than cases involving those exceptions to the
8		definition of parent set out in item (11) in Section 1-3, then
9		the Illinois Parentage Act of 2015 shall apply and the court
10		shall enter orders consistent with that Act. If it appears at
11		any hearing that a parent or any other person named in the
12		petition, liable under the law for the support of the minor, is
13		able to contribute to the minor's support, the court shall
14		enter an order requiring that parent or other person to pay the
15		clerk of the court, or to the guardian or custodian appointed
16		under Section 2-27, a reasonable sum from time to time for the
17		care, support, and necessary special care or treatment of the
18		minor. If the court determines at any hearing that a parent or
19		any other person named in the petition, liable under the law
20		for the support of the minor, is able to contribute to help
21		defray the costs associated with the minor's detention in a
22		county or regional detention center, the court shall enter an
23		order requiring that parent or other person to pay the clerk of
24		the court a reasonable sum for the care and support of the
25		minor. The court may require reasonable security for the

HB4844 Engrossed - 1878 - LRB103 39009 AMC 69146 b
1		payments. Upon failure to pay, the court may enforce obedience
2		to the order by a proceeding as for contempt of court.
3		Costs associated with detention, legal representation, or
4		other services or programs under Article III, IV, or V of this
5		Act shall not be ordered or imposed on a parent, guardian, or
6		legal custodian liable under the law for the support of a
7		minor. the minor's the parent or other person the person's
8		(2) (Blank). the person the person the person's the person
9		the person's the person the person's the person
10		(3) If the minor is a recipient of public aid under the
11		Illinois Public Aid Code, the court shall order that payments
12		made by a parent or through assignment of the parent's wages,
13		salary, or commission be made directly to (a) the Department
14		of Healthcare and Family Services if the minor is a recipient
15		of aid under Article V of the Code, (b) the Department of Human
16		Services if the minor is a recipient of aid under Article IV of
17		the Code, or (c) the local governmental unit responsible for
18		the support of the minor if the minor is a recipient under
19		Article Articles VI or VII of the Code. The order shall permit
20		the Department of Healthcare and Family Services, the
21		Department of Human Services, or the local governmental unit,
22		as the case may be, to direct that subsequent payments be made
23		directly to the guardian or custodian of the minor, or to some
24		other person or agency in the minor's behalf, upon removal of
25		the minor from the public aid rolls; and upon such direction
26		and removal of the minor from the public aid rolls, the

HB4844 Engrossed - 1879 - LRB103 39009 AMC 69146 b
1		Department of Healthcare and Family Services, the Department
2		of Human Services, or the local governmental unit, as the case
3		requires, shall give written notice of such action to the
4		court. Payments received by the Department of Healthcare and
5		Family Services, the Department of Human Services, or the
6		local governmental unit are to be covered, respectively, into
7		the General Revenue Fund of the State Treasury or the General
8		Assistance Fund of the governmental unit, as provided in
9		Section 10-19 of the Illinois Public Aid Code.
10		(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23;
11		revised 9-15-23.)
12		(705 ILCS 405/6-10) (from Ch. 37, par. 806-10)
13		Sec. 6-10. State reimbursement of funds.
14		(a) Before the 15th day of each month, the clerk of the
15		court shall itemize all payments received by the clerk under
16		Section 6-9 during the preceding month and shall pay such
17		amounts to the county treasurer. Before the 20th day of each
18		month, the county treasurer shall file with the Department of
19		Children and Family Services an itemized statement of the
20		amount of money for the care and shelter of a minor placed in
21		shelter care under Sections 2-7, 3-9, 4-6 or 5-410 or placed
22		under Sections 2-27, 3-28, 4-25, or 5-740 before July 1, 1980
23		and after June 30, 1981, paid by the county during the last
24		preceding month pursuant to court order entered under Section
25		6-8, certified by the court, and an itemized account of all

HB4844 Engrossed - 1880 - LRB103 39009 AMC 69146 b
1		payments received by the clerk of the court under Section 6-9
2		during the preceding month and paid over to the county
3		treasurer, certified by the county treasurer. The Department
4		of Children and Family Services shall examine and audit the
5		monthly statement and account, and upon finding them correct,
6		shall voucher for payment to the county a sum equal to the
7		amount so paid out by the county less the amount received by
8		the clerk of the court under Section 6-9 and paid to the county
9		treasurer but not more than an amount equal to the current
10		average daily rate paid by the Department of Children and
11		Family Services for similar services pursuant to Section 5a of
12		the Children and Family Services Act, approved June 4, 1963,
13		as amended. Reimbursement to the counties under this Section
14		for care and support of minors in licensed child caring
15		institutions must be made by the Department of Children and
16		Family Services only for care in those institutions which have
17		filed with the Department a certificate affirming that they
18		admit minors on the basis of need without regard to race or
19		ethnic origin.
20		(b) The county treasurer may file with the Department of
21		Children and Family Services an itemized statement of the
22		amount of money paid by the county during the last preceding
23		month pursuant to court order entered under Section 6-8,
24		certified by the court, and an itemized account of all
25		payments received by the clerk of the court under Section 6-9
26		during the preceding month and paid over to the county

HB4844 Engrossed - 1881 - LRB103 39009 AMC 69146 b
1		treasurer, certified by the county treasurer. The Department
2		of Children and Family Services shall examine and audit the
3		monthly statement and account, and upon finding them correct,
4		shall voucher for payment to the county a sum equal to the
5		amount so paid out by the county less the amount received by
6		the clerk of the court under Section 6-9 and paid to the county
7		treasurer. Subject to appropriations for that purpose, the
8		State shall reimburse the county for the care and shelter of a
9		minor placed in detention as a result of any new provisions
10		that are created by the Juvenile Justice Reform Provisions of
11		1998 (Public Act 90-590).
12		(Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.)
13		Section 560. The Criminal Code of 2012 is amended by
14		changing Sections 9-1, 24-1.9, 24-1.10, and 24-5.1 as follows:
15		(720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
16		Sec. 9-1. First degree murder.
17		(a) A person who kills an individual without lawful
18		justification commits first degree murder if, in performing
19		the acts which cause the death:
20		(1) he or she either intends to kill or do great bodily
21		harm to that individual or another, or knows that such
22		acts will cause death to that individual or another; or
23		(2) he or she knows that such acts create a strong
24		probability of death or great bodily harm to that

HB4844 Engrossed - 1882 - LRB103 39009 AMC 69146 b
1		individual or another; or
2		(3) he or she, acting alone or with one or more
3		participants, commits or attempts to commit a forcible
4		felony other than second degree murder, and in the course
5		of or in furtherance of such crime or flight therefrom, he
6		or she or another participant causes the death of a
7		person.
8		(b) (Blank).
9		(b-5) (Blank).
10		(c) (Blank).
11		(d) (Blank).
12		(e) (Blank).
13		(f) (Blank).
14		(g) (Blank).
15		(h) (Blank)..
16		(h-5) (Blank).
17		(i) (Blank).
18		(j) (Blank).
19		(k) (Blank).
20		(Source: P.A. 103-51, eff. 1-1-24; revised 9-20-23.)
21		(720 ILCS 5/24-1.9)
22		Sec. 24-1.9. Manufacture, possession, delivery, sale, and
23		purchase of assault weapons, .50 caliber rifles, and .50
24		caliber cartridges.
25		(a) Definitions. In this Section:

HB4844 Engrossed - 1883 - LRB103 39009 AMC 69146 b
1		(1) "Assault weapon" means any of the following, except as
2		provided in subdivision (2) of this subsection:
3		(A) A semiautomatic rifle that has the capacity to
4		accept a detachable magazine or that may be readily
5		modified to accept a detachable magazine, if the firearm
6		has one or more of the following:
7		(i) a pistol grip or thumbhole stock;
8		(ii) any feature capable of functioning as a
9		protruding grip that can be held by the non-trigger
10		hand;
11		(iii) a folding, telescoping, thumbhole, or
12		detachable stock, or a stock that is otherwise
13		foldable or adjustable in a manner that operates to
14		reduce the length, size, or any other dimension, or
15		otherwise enhances the concealability of, the weapon;
16		(iv) a flash suppressor;
17		(v) a grenade launcher;
18		(vi) a shroud attached to the barrel or that
19		partially or completely encircles the barrel, allowing
20		the bearer to hold the firearm with the non-trigger
21		hand without being burned, but excluding a slide that
22		encloses the barrel.
23		(B) A semiautomatic rifle that has a fixed magazine
24		with the capacity to accept more than 10 rounds, except
25		for an attached tubular device designed to accept, and
26		capable of operating only with, .22 caliber rimfire

HB4844 Engrossed - 1884 - LRB103 39009 AMC 69146 b
1		ammunition.
2		(C) A semiautomatic pistol that has the capacity to
3		accept a detachable magazine or that may be readily
4		modified to accept a detachable magazine, if the firearm
5		has one or more of the following:
6		(i) a threaded barrel;
7		(ii) a second pistol grip or another feature
8		capable of functioning as a protruding grip that can
9		be held by the non-trigger hand;
10		(iii) a shroud attached to the barrel or that
11		partially or completely encircles the barrel, allowing
12		the bearer to hold the firearm with the non-trigger
13		hand without being burned, but excluding a slide that
14		encloses the barrel;
15		(iv) a flash suppressor;
16		(v) the capacity to accept a detachable magazine
17		at some location outside of the pistol grip; or
18		(vi) a buffer tube, arm brace, or other part that
19		protrudes horizontally behind the pistol grip and is
20		designed or redesigned to allow or facilitate a
21		firearm to be fired from the shoulder.
22		(D) A semiautomatic pistol that has a fixed magazine
23		with the capacity to accept more than 15 rounds.
24		(E) Any shotgun with a revolving cylinder.
25		(F) A semiautomatic shotgun that has one or more of
26		the following:

HB4844 Engrossed - 1885 - LRB103 39009 AMC 69146 b
1		(i) a pistol grip or thumbhole stock;
2		(ii) any feature capable of functioning as a
3		protruding grip that can be held by the non-trigger
4		hand;
5		(iii) a folding or thumbhole stock;
6		(iv) a grenade launcher;
7		(v) a fixed magazine with the capacity of more
8		than 5 rounds; or
9		(vi) the capacity to accept a detachable magazine.
10		(G) Any semiautomatic firearm that has the capacity to
11		accept a belt ammunition feeding device.
12		(H) Any firearm that has been modified to be operable
13		as an assault weapon as defined in this Section.
14		(I) Any part or combination of parts designed or
15		intended to convert a firearm into an assault weapon,
16		including any combination of parts from which an assault
17		weapon may be readily assembled if those parts are in the
18		possession or under the control of the same person.
19		(J) All of the following rifles, copies, duplicates,
20		variants, or altered facsimiles with the capability of any
21		such weapon:
22		(i) All AK types, including the following:
23		(I) AK, AK47, AK47S, AK-74, AKM, AKS, ARM,
24		MAK90, MISR, NHM90, NHM91, SA85, SA93, Vector Arms
25		AK-47, VEPR, WASR-10, and WUM.
26		(II) IZHMASH Saiga AK.

HB4844 Engrossed - 1886 - LRB103 39009 AMC 69146 b
1		(III) MAADI AK47 and ARM.
2		(IV) Norinco 56S, 56S2, 84S, and 86S.
3		(V) Poly Technologies AK47 and AKS.
4		(VI) SKS with a detachable magazine.
5		(ii) all AR types, including the following:
6		(I) AR-10.
7		(II) AR-15.
8		(III) Alexander Arms Overmatch Plus 16.
9		(IV) Armalite M15 22LR Carbine.
10		(V) Armalite M15-T.
11		(VI) Barrett REC7.
12		(VII) Beretta AR-70.
13		(VIII) Black Rain Ordnance Recon Scout.
14		(IX) Bushmaster ACR.
15		(X) Bushmaster Carbon 15.
16		(XI) Bushmaster MOE series.
17		(XII) Bushmaster XM15.
18		(XIII) Chiappa Firearms MFour rifles.
19		(XIV) Colt Match Target rifles.
20		(XV) CORE Rifle Systems CORE15 rifles.
21		(XVI) Daniel Defense M4A1 rifles.
22		(XVII) Devil Dog Arms 15 Series rifles.
23		(XVIII) Diamondback DB15 rifles.
24		(XIX) DoubleStar AR rifles.
25		(XX) DPMS Tactical rifles.
26		(XXI) DSA Inc. ZM-4 Carbine.

HB4844 Engrossed - 1887 - LRB103 39009 AMC 69146 b
1		(XXII) Heckler & Koch MR556.
2		(XXIII) High Standard HSA-15 rifles.
3		(XXIV) Jesse James Nomad AR-15 rifle.
4		(XXV) Knight's Armament SR-15.
5		(XXVI) Lancer L15 rifles.
6		(XXVII) MGI Hydra Series rifles.
7		(XXVIII) Mossberg MMR Tactical rifles.
8		(XXIX) Noreen Firearms BN 36 rifle.
9		(XXX) Olympic Arms.
10		(XXXI) POF USA P415.
11		(XXXII) Precision Firearms AR rifles.
12		(XXXIII) Remington R-15 rifles.
13		(XXXIV) Rhino Arms AR rifles.
14		(XXXV) Rock River Arms LAR-15 or Rock River
15		Arms LAR-47.
16		(XXXVI) Sig Sauer SIG516 rifles and MCX
17		rifles.
18		(XXXVII) Smith & Wesson M&P15 rifles.
19		(XXXVIII) Stag Arms AR rifles.
20		(XXXIX) Sturm, Ruger & Co. SR556 and AR-556
21		rifles.
22		(XL) Uselton Arms Air-Lite M-4 rifles.
23		(XLI) Windham Weaponry AR rifles.
24		(XLII) WMD Guns Big Beast.
25		(XLIII) Yankee Hill Machine Company, Inc.
26		YHM-15 rifles.

HB4844 Engrossed - 1888 - LRB103 39009 AMC 69146 b
1		(iii) Barrett M107A1.
2		(iv) Barrett M82A1.
3		(v) Beretta CX4 Storm.
4		(vi) Calico Liberty Series.
5		(vii) CETME Sporter.
6		(viii) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and
7		AR 110C.
8		(ix) Fabrique Nationale/FN Herstal FAL, LAR, 22
9		FNC, 308 Match, L1A1 Sporter, PS90, SCAR, and FS2000.
10		(x) Feather Industries AT-9.
11		(xi) Galil Model AR and Model ARM.
12		(xii) Hi-Point Carbine.
13		(xiii) HK-91, HK-93, HK-94, HK-PSG-1, and HK USC.
14		(xiv) IWI TAVOR, Galil ACE rifle.
15		(xv) Kel-Tec Sub-2000, SU-16, and RFB.
16		(xvi) SIG AMT, SIG PE-57, Sig Sauer SG 550, Sig
17		Sauer SG 551, and SIG MCX.
18		(xvii) Springfield Armory SAR-48.
19		(xviii) Steyr AUG.
20		(xix) Sturm, Ruger & Co. Mini-14 Tactical Rifle
21		M-14/20CF.
22		(xx) All Thompson rifles, including the following:
23		(I) Thompson M1SB.
24		(II) Thompson T1100D.
25		(III) Thompson T150D.
26		(IV) Thompson T1B.

HB4844 Engrossed - 1889 - LRB103 39009 AMC 69146 b
1		(V) Thompson T1B100D.
2		(VI) Thompson T1B50D.
3		(VII) Thompson T1BSB.
4		(VIII) Thompson T1-C.
5		(IX) Thompson T1D.
6		(X) Thompson T1SB.
7		(XI) Thompson T5.
8		(XII) Thompson T5100D.
9		(XIII) Thompson TM1.
10		(XIV) Thompson TM1C.
11		(xxi) UMAREX UZI rifle.
12		(xxii) UZI Mini Carbine, UZI Model A Carbine, and
13		UZI Model B Carbine.
14		(xxiii) Valmet M62S, M71S, and M78.
15		(xxiv) Vector Arms UZI Type.
16		(xxv) Weaver Arms Nighthawk.
17		(xxvi) Wilkinson Arms Linda Carbine.
18		(K) All of the following pistols, copies, duplicates,
19		variants, or altered facsimiles with the capability of any
20		such weapon thereof:
21		(i) All AK types, including the following:
22		(I) Centurion 39 AK pistol.
23		(II) CZ Scorpion pistol.
24		(III) Draco AK-47 pistol.
25		(IV) HCR AK-47 pistol.
26		(V) IO Inc. Hellpup AK-47 pistol.

HB4844 Engrossed - 1890 - LRB103 39009 AMC 69146 b
1		(VI) Krinkov pistol.
2		(VII) Mini Draco AK-47 pistol.
3		(VIII) PAP M92 pistol.
4		(IX) Yugo Krebs Krink pistol.
5		(ii) All AR types, including the following:
6		(I) American Spirit AR-15 pistol.
7		(II) Bushmaster Carbon 15 pistol.
8		(III) Chiappa Firearms M4 Pistol GEN II.
9		(IV) CORE Rifle Systems CORE15 Roscoe pistol.
10		(V) Daniel Defense MK18 pistol.
11		(VI) DoubleStar Corporation AR pistol.
12		(VII) DPMS AR-15 pistol.
13		(VIII) Jesse James Nomad AR-15 pistol.
14		(IX) Olympic Arms AR-15 pistol.
15		(X) Osprey Armament MK-18 pistol.
16		(XI) POF USA AR pistols.
17		(XII) Rock River Arms LAR 15 pistol.
18		(XIII) Uselton Arms Air-Lite M-4 pistol.
19		(iii) Calico pistols.
20		(iv) DSA SA58 PKP FAL pistol.
21		(v) Encom MP-9 and MP-45.
22		(vi) Heckler & Koch model SP-89 pistol.
23		(vii) Intratec AB-10, TEC-22 Scorpion, TEC-9, and
24		TEC-DC9.
25		(viii) IWI Galil Ace pistol, UZI PRO pistol.
26		(ix) Kel-Tec PLR 16 pistol.

HB4844 Engrossed - 1891 - LRB103 39009 AMC 69146 b
1		(x) All MAC types, including the following:
2		(I) MAC-10.
3		(II) MAC-11.
4		(III) Masterpiece Arms MPA A930 Mini Pistol,
5		MPA460 Pistol, MPA Tactical Pistol, and MPA Mini
6		Tactical Pistol.
7		(IV) Military Armament Corp. Ingram M-11.
8		(V) Velocity Arms VMAC.
9		(xi) Sig Sauer P556 pistol.
10		(xii) Sites Spectre.
11		(xiii) All Thompson types, including the
12		following:
13		(I) Thompson TA510D.
14		(II) Thompson TA5.
15		(xiv) All UZI types, including Micro-UZI.
16		(L) All of the following shotguns, copies, duplicates,
17		variants, or altered facsimiles with the capability of any
18		such weapon thereof:
19		(i) DERYA Anakon MC-1980, Anakon SD12.
20		(ii) Doruk Lethal shotguns.
21		(iii) Franchi LAW-12 and SPAS 12.
22		(iv) All IZHMASH Saiga 12 types, including the
23		following:
24		(I) IZHMASH Saiga 12.
25		(II) IZHMASH Saiga 12S.
26		(III) IZHMASH Saiga 12S EXP-01.

HB4844 Engrossed - 1892 - LRB103 39009 AMC 69146 b
1		(IV) IZHMASH Saiga 12K.
2		(V) IZHMASH Saiga 12K-030.
3		(VI) IZHMASH Saiga 12K-040 Taktika.
4		(v) Streetsweeper.
5		(vi) Striker 12.
6		(2) "Assault weapon" does not include:
7		(A) Any firearm that is an unserviceable firearm or
8		has been made permanently inoperable.
9		(B) An antique firearm or a replica of an antique
10		firearm.
11		(C) A firearm that is manually operated by bolt, pump,
12		lever or slide action, unless the firearm is a shotgun
13		with a revolving cylinder.
14		(D) Any air rifle as defined in Section 24.8-0.1 of
15		this Code.
16		(E) Any handgun, as defined under the Firearm
17		Concealed Carry Act, unless otherwise listed in this
18		Section.
19		(3) "Assault weapon attachment" means any device capable
20		of being attached to a firearm that is specifically designed
21		for making or converting a firearm into any of the firearms
22		listed in paragraph (1) of this subsection (a).
23		(4) "Antique firearm" has the meaning ascribed to it in 18
24		U.S.C. 921(a)(16).
25		(5) ".50 caliber rifle" means a centerfire rifle capable
26		of firing a .50 caliber cartridge. The term does not include

HB4844 Engrossed - 1893 - LRB103 39009 AMC 69146 b
1		any antique firearm, any shotgun including a shotgun that has
2		a rifle barrel, or any muzzle-loader which uses black powder
3		for hunting or historical reenactments.
4		(6) ".50 caliber cartridge" means a cartridge in .50 BMG
5		caliber, either by designation or actual measurement, that is
6		capable of being fired from a centerfire rifle. The term ".50
7		caliber cartridge" does not include any memorabilia or display
8		item that is filled with a permanent inert substance or that is
9		otherwise permanently altered in a manner that prevents ready
10		modification for use as live ammunition or shotgun ammunition
11		with a caliber measurement that is equal to or greater than .50
12		caliber.
13		(7) "Detachable magazine" means an ammunition feeding
14		device that may be removed from a firearm without disassembly
15		of the firearm action, including an ammunition feeding device
16		that may be readily removed from a firearm with the use of a
17		bullet, cartridge, accessory, or other tool, or any other
18		object that functions as a tool, including a bullet or
19		cartridge.
20		(8) "Fixed magazine" means an ammunition feeding device
21		that is permanently attached to a firearm, or contained in and
22		not removable from a firearm, or that is otherwise not a
23		detachable magazine, but does not include an attached tubular
24		device designed to accept, and capable of operating only with,
25		.22 caliber rimfire ammunition.
26		(b) Except as provided in subsections (c), (d), and (e),

HB4844 Engrossed - 1894 - LRB103 39009 AMC 69146 b
1		on or after January 10, 2023 (the effective date of Public Act
2		102-1116) this amendatory Act of the 102nd General Assembly,
3		it is unlawful for any person within this State to knowingly
4		manufacture, deliver, sell, import, or purchase or cause to be
5		manufactured, delivered, sold, imported, or purchased by
6		another, an assault weapon, assault weapon attachment, .50
7		caliber rifle, or .50 caliber cartridge.
8		(c) Except as otherwise provided in subsection (d),
9		beginning January 1, 2024, it is unlawful for any person
10		within this State to knowingly possess an assault weapon,
11		assault weapon attachment, .50 caliber rifle, or .50 caliber
12		cartridge.
13		(d) This Section does not apply to a person's possession
14		of an assault weapon, assault weapon attachment, .50 caliber
15		rifle, or .50 caliber cartridge device if the person lawfully
16		possessed that assault weapon, assault weapon attachment, .50
17		caliber rifle, or .50 caliber cartridge prohibited by
18		subsection (c) of this Section, if the person has provided in
19		an endorsement affidavit, prior to January 1, 2024, under oath
20		or affirmation and in the form and manner prescribed by the
21		Illinois State Police, no later than October 1, 2023:
22		(1) the affiant's Firearm Owner's Identification Card
23		number;
24		(2) an affirmation that the affiant: (i) possessed an
25		assault weapon, assault weapon attachment, .50 caliber
26		rifle, or .50 caliber cartridge before January 10, 2023

HB4844 Engrossed - 1895 - LRB103 39009 AMC 69146 b
1		(the effective date of Public Act 102-1116) this
2		amendatory Act of the 102nd General Assembly; or (ii)
3		inherited the assault weapon, assault weapon attachment,
4		.50 caliber rifle, or .50 caliber cartridge from a person
5		with an endorsement under this Section or from a person
6		authorized under subdivisions (1) through (5) of
7		subsection (e) to possess the assault weapon, assault
8		weapon attachment, .50 caliber rifle, or .50 caliber
9		cartridge; and
10		(3) the make, model, caliber, and serial number of the
11		.50 caliber rifle or assault weapon or assault weapons
12		listed in paragraphs (J), (K), and (L) of subdivision (1)
13		of subsection (a) of this Section possessed by the affiant
14		prior to January 10, 2023 (the effective date of Public
15		Act 102-1116) this amendatory Act of the 102nd General
16		Assembly and any assault weapons identified and published
17		by the Illinois State Police pursuant to this subdivision
18		(3). No later than October 1, 2023, and every October 1
19		thereafter, the Illinois State Police shall, via
20		rulemaking, identify, publish, and make available on its
21		website, the list of assault weapons subject to an
22		endorsement affidavit under this subsection (d). The list
23		shall identify, but is not limited to, the copies,
24		duplicates, variants, and altered facsimiles of the
25		assault weapons identified in paragraphs (J), (K), and (L)
26		of subdivision (1) of subsection (a) of this Section and

HB4844 Engrossed - 1896 - LRB103 39009 AMC 69146 b
1		shall be consistent with the definition of "assault
2		weapon" identified in this Section. The Illinois State
3		Police may adopt emergency rulemaking in accordance with
4		Section 5-45 of the Illinois Administrative Procedure Act.
5		The adoption of emergency rules authorized by Section 5-45
6		of the Illinois Administrative Procedure Act and this
7		paragraph is deemed to be necessary for the public
8		interest, safety, and welfare.
9		The affidavit form shall include the following statement
10		printed in bold type: "Warning: Entering false information on
11		this form is punishable as perjury under Section 32-2 of the
12		Criminal Code of 2012. Entering false information on this form
13		is a violation of the Firearm Owners Identification Card Act."
14		In any administrative, civil, or criminal proceeding in
15		this State, a completed endorsement affidavit submitted to the
16		Illinois State Police by a person under this Section creates a
17		rebuttable presumption that the person is entitled to possess
18		and transport the assault weapon, assault weapon attachment,
19		.50 caliber rifle, or .50 caliber cartridge.
20		Beginning 90 days after January 10, 2023 (the effective
21		date of Public Act 102-1116) this amendatory Act of the 102nd
22		General Assembly, a person authorized under this Section to
23		possess an assault weapon, assault weapon attachment, .50
24		caliber rifle, or .50 caliber cartridge shall possess such
25		items only:
26		(1) on private property owned or immediately

HB4844 Engrossed - 1897 - LRB103 39009 AMC 69146 b
1		controlled by the person;
2		(2) on private property that is not open to the public
3		with the express permission of the person who owns or
4		immediately controls such property;
5		(3) while on the premises of a licensed firearms
6		dealer or gunsmith for the purpose of lawful repair;
7		(4) while engaged in the legal use of the assault
8		weapon, assault weapon attachment, .50 caliber rifle, or
9		.50 caliber cartridge at a properly licensed firing range
10		or sport shooting competition venue; or
11		(5) while traveling to or from these locations,
12		provided that the assault weapon, assault weapon
13		attachment, or .50 caliber rifle is unloaded and the
14		assault weapon, assault weapon attachment, .50 caliber
15		rifle, or .50 caliber cartridge is enclosed in a case,
16		firearm carrying box, shipping box, or other container.
17		Beginning on January 1, 2024, the person with the
18		endorsement for an assault weapon, assault weapon attachment,
19		.50 caliber rifle, or .50 caliber cartridge or a person
20		authorized under subdivisions (1) through (5) of subsection
21		(e) to possess an assault weapon, assault weapon attachment,
22		.50 caliber rifle, or .50 caliber cartridge may transfer the
23		assault weapon, assault weapon attachment, .50 caliber rifle,
24		or .50 caliber cartridge only to an heir, an individual
25		residing in another state maintaining it in another state, or
26		a dealer licensed as a federal firearms dealer under Section

HB4844 Engrossed - 1898 - LRB103 39009 AMC 69146 b
1		923 of the federal Gun Control Act of 1968. Within 10 days
2		after transfer of the weapon except to an heir, the person
3		shall notify the Illinois State Police of the name and address
4		of the transferee and comply with the requirements of
5		subsection (b) of Section 3 of the Firearm Owners
6		Identification Card Act. The person to whom the weapon or
7		ammunition is transferred shall, within 60 days of the
8		transfer, complete an affidavit required under this Section. A
9		person to whom the weapon is transferred may transfer it only
10		as provided in this subsection.
11		Except as provided in subsection (e) and beginning on
12		January 1, 2024, any person who moves into this State in
13		possession of an assault weapon, assault weapon attachment,
14		.50 caliber rifle, or .50 caliber cartridge shall, within 60
15		days, apply for a Firearm Owners Identification Card and
16		complete an endorsement application as outlined in subsection
17		(d).
18		Notwithstanding any other law, information contained in
19		the endorsement affidavit shall be confidential, is exempt
20		from disclosure under the Freedom of Information Act, and
21		shall not be disclosed, except to law enforcement agencies
22		acting in the performance of their duties.
23		(e) The provisions of this Section regarding the purchase
24		or possession of assault weapons, assault weapon attachments,
25		.50 caliber rifles, and .50 cartridges, as well as the
26		provisions of this Section that prohibit causing those items

HB4844 Engrossed - 1899 - LRB103 39009 AMC 69146 b
1		to be purchased or possessed, do not apply to:
2		(1) Peace officers, as defined in Section 2-13 of this
3		Code.
4		(2) Qualified law enforcement officers and qualified
5		retired law enforcement officers as defined in the Law
6		Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B
7		and 926C) and as recognized under Illinois law.
8		(3) Acquisition and possession by a federal, State, or
9		local law enforcement agency for the purpose of equipping
10		the agency's peace officers as defined in paragraph (1) or
11		(2) of this subsection (e).
12		(4) Wardens, superintendents, and keepers of prisons,
13		penitentiaries, jails, and other institutions for the
14		detention of persons accused or convicted of an offense.
15		(5) Members of the Armed Services or Reserve Forces of
16		the United States or the Illinois National Guard, while
17		performing their official duties or while traveling to or
18		from their places of duty.
19		(6) Any company that employs armed security officers
20		in this State at a nuclear energy, storage, weapons, or
21		development site or facility regulated by the federal
22		Nuclear Regulatory Commission and any person employed as
23		an armed security force member at a nuclear energy,
24		storage, weapons, or development site or facility
25		regulated by the federal Nuclear Regulatory Commission who
26		has completed the background screening and training

HB4844 Engrossed - 1900 - LRB103 39009 AMC 69146 b
1		mandated by the rules and regulations of the federal
2		Nuclear Regulatory Commission and while performing
3		official duties.
4		(7) Any private security contractor agency licensed
5		under the Private Detective, Private Alarm, Private
6		Security, Fingerprint Vendor, and Locksmith Act of 2004
7		that employs private security contractors and any private
8		security contractor who is licensed and has been issued a
9		firearm control card under the Private Detective, Private
10		Alarm, Private Security, Fingerprint Vendor, and Locksmith
11		Act of 2004 while performing official duties.
12		The provisions of this Section do not apply to the
13		manufacture, delivery, sale, import, purchase, or possession
14		of an assault weapon, assault weapon attachment, .50 caliber
15		rifle, or .50 caliber cartridge or causing the manufacture,
16		delivery, sale, importation, purchase, or possession of those
17		items:
18		(A) for sale or transfer to persons authorized under
19		subdivisions (1) through (7) of this subsection (e) to
20		possess those items;
21		(B) for sale or transfer to the United States or any
22		department or agency thereof; or
23		(C) for sale or transfer in another state or for
24		export.
25		This Section does not apply to or affect any of the
26		following:

HB4844 Engrossed - 1901 - LRB103 39009 AMC 69146 b
1		(i) Possession of any firearm if that firearm is
2		sanctioned by the International Olympic Committee and by
3		USA Shooting, the national governing body for
4		international shooting competition in the United States,
5		but only when the firearm is in the actual possession of an
6		Olympic target shooting competitor or target shooting
7		coach for the purpose of storage, transporting to and from
8		Olympic target shooting practice or events if the firearm
9		is broken down in a nonfunctioning state, is not
10		immediately accessible, or is unloaded and enclosed in a
11		firearm case, carrying box, shipping box, or other similar
12		portable container designed for the safe transportation of
13		firearms, and when the Olympic target shooting competitor
14		or target shooting coach is engaging in those practices or
15		events. For the purposes of this paragraph (8), "firearm"
16		has the meaning provided in Section 1.1 of the Firearm
17		Owners Identification Card Act.
18		(ii) Any nonresident who transports, within 24 hours,
19		a weapon for any lawful purpose from any place where the
20		nonresident may lawfully possess and carry that weapon to
21		any other place where the nonresident may lawfully possess
22		and carry that weapon if, during the transportation, the
23		weapon is unloaded, and neither the weapon nor any
24		ammunition being transported is readily accessible or is
25		directly accessible from the passenger compartment of the
26		transporting vehicle. In the case of a vehicle without a

HB4844 Engrossed - 1902 - LRB103 39009 AMC 69146 b
1		compartment separate from the driver's compartment, the
2		weapon or ammunition shall be contained in a locked
3		container other than the glove compartment or console.
4		(iii) Possession of a weapon at an event taking place
5		at the World Shooting and Recreational Complex at Sparta,
6		only while engaged in the legal use of the weapon, or while
7		traveling to or from that location if the weapon is broken
8		down in a nonfunctioning state, is not immediately
9		accessible, or is unloaded and enclosed in a firearm case,
10		carrying box, shipping box, or other similar portable
11		container designed for the safe transportation of
12		firearms.
13		(iv) Possession of a weapon only for hunting use
14		expressly permitted under the Wildlife Code, or while
15		traveling to or from a location authorized for this
16		hunting use under the Wildlife Code if the weapon is
17		broken down in a nonfunctioning state, is not immediately
18		accessible, or is unloaded and enclosed in a firearm case,
19		carrying box, shipping box, or other similar portable
20		container designed for the safe transportation of
21		firearms. By October 1, 2023, the Illinois State Police,
22		in consultation with the Department of Natural Resources,
23		shall adopt rules concerning the list of applicable
24		weapons approved under this subparagraph (iv). The
25		Illinois State Police may adopt emergency rules in
26		accordance with Section 5-45 of the Illinois

HB4844 Engrossed - 1903 - LRB103 39009 AMC 69146 b
1		Administrative Procedure Act. The adoption of emergency
2		rules authorized by Section 5-45 of the Illinois
3		Administrative Procedure Act and this paragraph is deemed
4		to be necessary for the public interest, safety, and
5		welfare.
6		(v) The manufacture, transportation, possession, sale,
7		or rental of blank-firing assault weapons and .50 caliber
8		rifles, or the weapon's respective attachments, to persons
9		authorized or permitted, or both authorized and permitted,
10		to acquire and possess these weapons or attachments for
11		the purpose of rental for use solely as props for a motion
12		picture, television, or video production or entertainment
13		event.
14		Any person not subject to this Section may submit an
15		endorsement affidavit if the person chooses.
16		(f) Any sale or transfer with a background check initiated
17		to the Illinois State Police on or before January 10, 2023 (the
18		effective date of Public Act 102-1116) this amendatory Act of
19		the 102nd General Assembly is allowed to be completed after
20		January 10, 2023 the effective date of this amendatory Act
21		once an approval is issued by the Illinois State Police and any
22		applicable waiting period under Section 24-3 has expired.
23		(g) The Illinois State Police shall take all steps
24		necessary to carry out the requirements of this Section within
25		by October 1, 2023.
26		(h) The Illinois Department of the State Police shall also

HB4844 Engrossed - 1904 - LRB103 39009 AMC 69146 b
1		develop and implement a public notice and public outreach
2		campaign to promote awareness about the provisions of Public
3		Act 102-1116 this amendatory Act of the 102nd General Assembly
4		and to increase compliance with this Section.
5		(Source: P.A. 102-1116, eff. 1-10-23; revised 4-6-23.)
6		(720 ILCS 5/24-1.10)
7		Sec. 24-1.10. Manufacture, delivery, sale, and possession
8		of large capacity ammunition feeding devices.
9		(a) In this Section:
10		"Handgun" has the meaning ascribed to it in the Firearm
11		Concealed Carry Act.
12		"Long gun" means a rifle or shotgun.
13		"Large capacity ammunition feeding device" means:
14		(1) a magazine, belt, drum, feed strip, or similar
15		device that has a capacity of, or that can be readily
16		restored or converted to accept, more than 10 rounds of
17		ammunition for long guns and more than 15 rounds of
18		ammunition for handguns; or
19		(2) any combination of parts from which a device
20		described in paragraph (1) can be assembled.
21		"Large capacity ammunition feeding device" does not
22		include an attached tubular device designed to accept, and
23		capable of operating only with, .22 caliber rimfire
24		ammunition. "Large capacity ammunition feeding device" does
25		not include a tubular magazine that is contained in a

HB4844 Engrossed - 1905 - LRB103 39009 AMC 69146 b
1		lever-action firearm or any device that has been made
2		permanently inoperable.
3		(b) Except as provided in subsections (e) and (f), it is
4		unlawful for any person within this State to knowingly
5		manufacture, deliver, sell, purchase, or cause to be
6		manufactured, delivered, sold, or purchased a large capacity
7		ammunition feeding device.
8		(c) Except as provided in subsections (d), (e), and (f),
9		and beginning 90 days after January 10, 2023 (the effective
10		date of Public Act 102-1116) this amendatory Act of the 102nd
11		General Assembly, it is unlawful to knowingly possess a large
12		capacity ammunition feeding device.
13		(d) Subsection (c) does not apply to a person's possession
14		of a large capacity ammunition feeding device if the person
15		lawfully possessed that large capacity ammunition feeding
16		device before January 10, 2023 (the effective date of Public
17		Act 102-1116) this amendatory Act of the 102nd General
18		Assembly, provided that the person shall possess such device
19		only:
20		(1) on private property owned or immediately
21		controlled by the person;
22		(2) on private property that is not open to the public
23		with the express permission of the person who owns or
24		immediately controls such property;
25		(3) while on the premises of a licensed firearms
26		dealer or gunsmith for the purpose of lawful repair;

HB4844 Engrossed - 1906 - LRB103 39009 AMC 69146 b
1		(4) while engaged in the legal use of the large
2		capacity ammunition feeding device at a properly licensed
3		firing range or sport shooting competition venue; or
4		(5) while traveling to or from these locations,
5		provided that the large capacity ammunition feeding device
6		is stored unloaded and enclosed in a case, firearm
7		carrying box, shipping box, or other container.
8		A person authorized under this Section to possess a large
9		capacity ammunition feeding device may transfer the large
10		capacity ammunition feeding device only to an heir, an
11		individual residing in another state maintaining it in another
12		state, or a dealer licensed as a federal firearms dealer under
13		Section 923 of the federal Gun Control Act of 1968. Within 10
14		days after transfer of the large capacity ammunition feeding
15		device except to an heir, the person shall notify the Illinois
16		State Police of the name and address of the transferee and
17		comply with the requirements of subsection (b) of Section 3 of
18		the Firearm Owners Identification Card Act. The person to whom
19		the large capacity ammunition feeding device is transferred
20		shall, within 60 days of the transfer, notify the Illinois
21		State Police of the person's acquisition and comply with the
22		requirements of subsection (b) of Section 3 of the Firearm
23		Owners Identification Card Act. A person to whom the large
24		capacity ammunition feeding device is transferred may transfer
25		it only as provided in this subsection.
26		Except as provided in subsections (e) and (f) and

HB4844 Engrossed - 1907 - LRB103 39009 AMC 69146 b
1		beginning 90 days after January 10, 2023 (the effective date
2		of Public Act 102-1116) this amendatory Act of the 102nd
3		General Assembly, any person who moves into this State in
4		possession of a large capacity ammunition feeding device
5		shall, within 60 days, apply for a Firearm Owners
6		Identification Card.
7		(e) The provisions of this Section regarding the purchase
8		or possession of large capacity ammunition feeding devices, as
9		well as the provisions of this Section that prohibit causing
10		those items to be purchased or possessed, do not apply to:
11		(1) Peace officers as defined in Section 2-13 of this
12		Code.
13		(2) Qualified law enforcement officers and qualified
14		retired law enforcement officers as defined in the Law
15		Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B
16		and 926C) and as recognized under Illinois law.
17		(3) A federal, State, or local law enforcement agency
18		for the purpose of equipping the agency's peace officers
19		as defined in paragraph (1) or (2) of this subsection (e).
20		(4) Wardens, superintendents, and keepers of prisons,
21		penitentiaries, jails, and other institutions for the
22		detention of persons accused or convicted of an offense.
23		(5) Members of the Armed Services or Reserve Forces of
24		the United States or the Illinois National Guard, while
25		performing their official duties or while traveling to or
26		from their places of duty.

HB4844 Engrossed - 1908 - LRB103 39009 AMC 69146 b
1		(6) Any company that employs armed security officers
2		in this State at a nuclear energy, storage, weapons, or
3		development site or facility regulated by the federal
4		Nuclear Regulatory Commission and any person employed as
5		an armed security force member at a nuclear energy,
6		storage, weapons, or development site or facility
7		regulated by the federal Nuclear Regulatory Commission who
8		has completed the background screening and training
9		mandated by the rules and regulations of the federal
10		Nuclear Regulatory Commission and while performing
11		official duties.
12		(7) Any private security contractor agency licensed
13		under the Private Detective, Private Alarm, Private
14		Security, Fingerprint Vendor, and Locksmith Act of 2004
15		that employs private security contractors and any private
16		security contractor who is licensed and has been issued a
17		firearm control card under the Private Detective, Private
18		Alarm, Private Security, Fingerprint Vendor, and Locksmith
19		Act of 2004 while performing official duties.
20		(f) This Section does not apply to or affect any of the
21		following:
22		(1) Manufacture, delivery, sale, importation,
23		purchase, or possession or causing to be manufactured,
24		delivered, sold, imported, purchased, or possessed a large
25		capacity ammunition feeding device:
26		(A) for sale or transfer to persons authorized

HB4844 Engrossed - 1909 - LRB103 39009 AMC 69146 b
1		under subdivisions (1) through (7) of subsection (e)
2		to possess those items;
3		(B) for sale or transfer to the United States or
4		any department or agency thereof; or
5		(C) for sale or transfer in another state or for
6		export.
7		(2) Sale or rental of large capacity ammunition
8		feeding devices for blank-firing assault weapons and .50
9		caliber rifles, to persons authorized or permitted, or
10		both authorized and permitted, to acquire these devices
11		for the purpose of rental for use solely as props for a
12		motion picture, television, or video production or
13		entertainment event.
14		(g) Sentence. A person who knowingly manufactures,
15		delivers, sells, purchases, possesses, or causes to be
16		manufactured, delivered, sold, possessed, or purchased in
17		violation of this Section a large capacity ammunition feeding
18		device capable of holding more than 10 rounds of ammunition
19		for long guns or more than 15 rounds of ammunition for handguns
20		commits a petty offense with a fine of $1,000 for each
21		violation.
22		(h) The Illinois Department of the State Police shall also
23		develop and implement a public notice and public outreach
24		campaign to promote awareness about the provisions of Public
25		Act 102-1116 this amendatory Act of the 102nd General Assembly
26		and to increase compliance with this Section.

HB4844 Engrossed - 1910 - LRB103 39009 AMC 69146 b
1		(Source: P.A. 102-1116, eff. 1-10-23; revised 4-6-23.)
2		(720 ILCS 5/24-5.1)
3		Sec. 24-5.1. Serialization of unfinished frames or
4		receivers; prohibition on unserialized firearms; exceptions;
5		penalties.
6		(a) In this Section:
7		"Bona fide supplier" means an established business entity
8		engaged in the development and sale of firearms parts to one or
9		more federal firearms manufacturers or federal firearms
10		importers.
11		"Federal firearms dealer" means a licensed manufacturer
12		pursuant to 18 U.S.C. 921(a)(11).
13		"Federal firearms importer" means a licensed importer
14		pursuant to 18 U.S.C. 921(a)(9).
15		"Federal firearms manufacturer" means a licensed
16		manufacturer pursuant to 18 U.S.C. 921(a)(10).
17		"Frame or receiver" means a part of a firearm that, when
18		the complete weapon is assembled, is visible from the exterior
19		and provides housing or a structure designed to hold or
20		integrate one or more fire control components, even if pins or
21		other attachments are required to connect those components to
22		the housing or structure. For models of firearms in which
23		multiple parts provide such housing or structure, the part or
24		parts that the Director of the federal Bureau of Alcohol,
25		Tobacco, Firearms and Explosives has determined are a frame or

HB4844 Engrossed - 1911 - LRB103 39009 AMC 69146 b
1		receiver constitute the frame or receiver. For purposes of
2		this definition, "fire control component" means a component
3		necessary for the firearm to initiate, complete, or continue
4		the firing sequence, including any of the following: hammer,
5		bolt, bolt carrier, breechblock, cylinder, trigger mechanism,
6		firing pin, striker, or slide rails.
7		"Security exemplar" means an object to be fabricated at
8		the direction of the United States Attorney General that is
9		(1) constructed of 3.7 ounces of material type 17-4 PH
10		stainless steel in a shape resembling a handgun and (2)
11		suitable for testing and calibrating metal detectors.
12		"Three-dimensional printer" means a computer or
13		computer-drive machine capable of producing a
14		three-dimensional object from a digital model.
15		"Undetectable firearm" means (1) a firearm constructed
16		entirely of non-metal substances; (2) a firearm that, after
17		removal of all parts but the major components of the firearm,
18		is not detectable by walk-through metal detectors calibrated
19		and operated to detect the security exemplar; or (3) a firearm
20		that includes a major component of a firearm, which, if
21		subject to the types of detection devices commonly used at
22		airports for security screening, would not generate an image
23		that accurately depicts the shape of the component.
24		"Undetectable firearm" does not include a firearm subject to
25		the provisions of 18 U.S.C. 922(p)(3) through (6).
26		"Unfinished frame or receiver" means any forging, casting,

HB4844 Engrossed - 1912 - LRB103 39009 AMC 69146 b
1		printing, extrusion, machined body, or similar article that:
2		(1) has reached a stage in manufacture where it may
3		readily be completed, assembled, or converted to be a
4		functional firearm; or
5		(2) is marketed or sold to the public to become or be
6		used as the frame or receiver of a functional firearm once
7		completed, assembled, or converted.
8		"Unserialized" means lacking a serial number imprinted by:
9		(1) a federal firearms manufacturer, federal firearms
10		importer, federal firearms dealer, or other federal
11		licensee authorized to provide marking services, pursuant
12		to a requirement under federal law; or
13		(2) a federal firearms dealer or other federal
14		licensee authorized to provide marking services pursuant
15		to subsection (f) of this Section.
16		(b) It is unlawful for any person to knowingly sell, offer
17		to sell, or transfer an unserialized unfinished frame or
18		receiver or unserialized firearm, including those produced
19		using a three-dimensional printer, unless the party purchasing
20		or receiving the unfinished frame or receiver or unserialized
21		firearm is a federal firearms importer, federal firearms
22		manufacturer, or federal firearms dealer.
23		(c) Beginning 180 days after May 18, 2022 (the effective
24		date of Public Act 102-889) this amendatory Act of the 102nd
25		General Assembly, it is unlawful for any person to knowingly
26		possess, transport, or receive an unfinished frame or

HB4844 Engrossed - 1913 - LRB103 39009 AMC 69146 b
1		receiver, unless:
2		(1) the party possessing or receiving the unfinished
3		frame or receiver is a federal firearms importer or
4		federal firearms manufacturer;
5		(2) the unfinished frame or receiver is possessed or
6		transported by a person for transfer to a federal firearms
7		importer or federal firearms manufacturer; or
8		(3) the unfinished frame or receiver has been
9		imprinted with a serial number issued by a federal
10		firearms importer or federal firearms manufacturer in
11		compliance with subsection (f) of this Section.
12		(d) Beginning 180 days after May 18, 2022 (the effective
13		date of Public Act 102-889) this amendatory Act of the 102nd
14		General Assembly, unless the party receiving the firearm is a
15		federal firearms importer or federal firearms manufacturer, it
16		is unlawful for any person to knowingly possess, purchase,
17		transport, or receive a firearm that is not imprinted with a
18		serial number by (1) a federal firearms importer or federal
19		firearms manufacturer in compliance with all federal laws and
20		regulations regulating the manufacture and import of firearms
21		or (2) a federal firearms manufacturer, federal firearms
22		dealer, or other federal licensee authorized to provide
23		marking services in compliance with the unserialized firearm
24		serialization process under subsection (f) of this Section.
25		(e) Any firearm or unfinished frame or receiver
26		manufactured using a three-dimensional printer must also be

HB4844 Engrossed - 1914 - LRB103 39009 AMC 69146 b
1		serialized in accordance with the requirements of subsection
2		(f) within 30 days after May 18, 2022 (the effective date of
3		Public Act 102-889) this amendatory Act of the 102nd General
4		Assembly, or prior to reaching a stage of manufacture where it
5		may be readily completed, assembled, or converted to be a
6		functional firearm.
7		(f) Unserialized unfinished frames or receivers and
8		unserialized firearms serialized pursuant to this Section
9		shall be serialized in compliance with all of the following:
10		(1) An unserialized unfinished frame or receiver and
11		unserialized firearm shall be serialized by a federally
12		licensed firearms dealer or other federal licensee
13		authorized to provide marking services with the licensee's
14		abbreviated federal firearms license number as a prefix
15		(which is the first 3 and last 5 digits) followed by a
16		hyphen, and then followed by a number as a suffix, such as
17		12345678-(number). The serial number or numbers must be
18		placed in a manner that accords with the requirements
19		under federal law for affixing serial numbers to firearms,
20		including the requirements that the serial number or
21		numbers be at the minimum size and depth, and not
22		susceptible to being readily obliterated, altered, or
23		removed, and the licensee must retain records that accord
24		with the requirements under federal law in the case of the
25		sale of a firearm. The imprinting of any serial number
26		upon an a undetectable firearm must be done on a steel

HB4844 Engrossed - 1915 - LRB103 39009 AMC 69146 b
1		plaque in compliance with 18 U.S.C. 922(p).
2		(2) Every federally licensed firearms dealer or other
3		federal licensee that engraves, casts, stamps, or
4		otherwise conspicuously and permanently places a unique
5		serial number pursuant to this Section shall maintain a
6		record of such indefinitely. Licensees subject to the
7		Firearm Dealer License Certification Act shall make all
8		records accessible for inspection upon the request of the
9		Illinois State Police or a law enforcement agency in
10		accordance with Section 5-35 of the Firearm Dealer License
11		Certification Act.
12		(3) Every federally licensed firearms dealer or other
13		federal licensee that engraves, casts, stamps, or
14		otherwise conspicuously and permanently places a unique
15		serial number pursuant to this Section shall record it at
16		the time of every transaction involving the transfer of a
17		firearm, rifle, shotgun, finished frame or receiver, or
18		unfinished frame or receiver that has been so marked in
19		compliance with the federal guidelines set forth in 27 CFR
20		478.124.
21		(4) Every federally licensed firearms dealer or other
22		federal licensee that engraves, casts, stamps, or
23		otherwise conspicuously and permanently places a unique
24		serial number pursuant to this Section shall review and
25		confirm the validity of the owner's Firearm Owner's
26		Identification Card issued under the Firearm Owners

HB4844 Engrossed - 1916 - LRB103 39009 AMC 69146 b
1		Identification Card Act prior to returning the firearm to
2		the owner.
3		(g) Within 30 days after May 18, 2022 (the effective date
4		of Public Act 102-889) this amendatory Act of the 102nd
5		General Assembly, the Director of the Illinois State Police
6		shall issue a public notice regarding the provisions of this
7		Section. The notice shall include posting on the Illinois
8		State Police website and may include written notification or
9		any other means of communication statewide to all
10		Illinois-based federal firearms manufacturers, federal
11		firearms dealers, or other federal licensees authorized to
12		provide marking services in compliance with the serialization
13		process in subsection (f) in order to educate the public.
14		(h) Exceptions. This Section does not apply to an
15		unserialized unfinished frame or receiver or an unserialized
16		firearm that:
17		(1) has been rendered permanently inoperable;
18		(2) is an antique firearm, as defined in 18 U.S.C.
19		921(a)(16);
20		(3) was manufactured prior to October 22, 1968;
21		(4) is an unfinished frame or receiver and is
22		possessed by a bona fide supplier exclusively for transfer
23		to a federal firearms manufacturer or federal firearms
24		importer, or is possessed by a federal firearms
25		manufacturer or federal firearms importer in compliance
26		with all federal laws and regulations regulating the

HB4844 Engrossed - 1917 - LRB103 39009 AMC 69146 b
1		manufacture and import of firearms; except this exemption
2		does not apply if an unfinished frame or receiver is
3		possessed for transfer or is transferred to a person other
4		than a federal firearms manufacturer or federal firearms
5		importer; or
6		(5) is possessed by a person who received the
7		unserialized unfinished frame or receiver or unserialized
8		firearm through inheritance, and is not otherwise
9		prohibited from possessing the unserialized unfinished
10		frame or receiver or unserialized firearm, for a period
11		not exceeding 30 days after inheriting the unserialized
12		unfinished frame or receiver or unserialized firearm.
13		(i) Penalties.
14		(1) A person who violates subsection (c) or (d) is
15		guilty of a Class A misdemeanor for a first violation and
16		is guilty of a Class 3 felony for a second or subsequent
17		violation.
18		(2) A person who violates subsection (b) is guilty of
19		a Class 4 felony for a first violation and is guilty of a
20		Class 2 felony for a second or subsequent violation.
21		(Source: P.A. 102-889, eff. 5-18-22; revised 1-3-24.)
22		Section 565. The Unified Code of Corrections is amended by
23		changing Sections 3-2-13, 3-2.7-5, 3-2.7-10, 3-2.7-20,
24		3-2.7-25, 3-2.7-30, 3-2.7-35, 3-2.7-40, 3-2.7-50, 3-2.7-55,
25		3-5-1, 3-6-3, 3-8-10, 5-4-1, 5-4-3, 5-4.5-105, 5-6-3, 5-9-1.4,

HB4844 Engrossed - 1918 - LRB103 39009 AMC 69146 b
1		and 5-9-1.9 as follows:
2		(730 ILCS 5/3-2-13)
3		Sec. 3-2-13. Possession of a Firearm Owner's
4		Identification Card. The Department of Corrections shall not
5		make possession of a Firearm Owner's Identification Card a
6		condition of continued employment as a Department employee
7		authorized to possess firearms if the employee's Firearm
8		Owner's Identification Card is revoked or seized because the
9		employee has been a patient of a mental health facility and the
10		employee has not been determined to pose a clear and present
11		danger to himself, herself, or others as determined by a
12		physician, clinical psychologist, or qualified examiner.
13		Nothing in is this Section shall otherwise impair the
14		Department's ability to determine an employee's fitness for
15		duty. A collective bargaining agreement already in effect on
16		this issue on January 1, 2022 (the effective date of Public Act
17		102-645) this amendatory Act of the 102nd General Assembly
18		cannot be modified, but on or after January 1, 2022 (the
19		effective date of Public Act 102-645) this amendatory Act of
20		the 102nd General Assembly, the Department cannot require a
21		Firearm Owner's Identification Card as a condition of
22		continued employment in a collective bargaining agreement. The
23		Department shall document if and why an employee has been
24		determined to pose a clear and present danger. In this
25		Section, "mental health facility" and "qualified examiner"

HB4844 Engrossed - 1919 - LRB103 39009 AMC 69146 b
1		have the meanings provided in the Mental Health and
2		Developmental Disabilities Code.
3		(Source: P.A. 102-645, eff. 1-1-22; revised 4-6-23.)
4		(730 ILCS 5/3-2.7-5)
5		(Text of Section before amendment by P.A. 103-397)
6		Sec. 3-2.7-5. Purpose. The purpose of this Article is to
7		create within the Department of Juvenile Justice the Office of
8		Independent Juvenile Ombudsperson for the purpose of securing
9		the rights of youth committed to the Department of Juvenile
10		Justice, including youth released on aftercare before final
11		discharge.
12		(Source: P.A. 103-22, eff. 8-8-23.)
13		(Text of Section after amendment by P.A. 103-397)
14		Sec. 3-2.7-5. Purpose. The purpose of this Article is to
15		create within the Department of Juvenile Justice the Office of
16		Independent Juvenile Ombudsperson for the purpose of securing
17		the rights of youth committed to the Department of Juvenile
18		Justice and county-operated juvenile detention centers,
19		including youth released on aftercare before final discharge.
20		(Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25;
21		revised 9-14-23.)
22		(730 ILCS 5/3-2.7-10)
23		(Text of Section before amendment by P.A. 103-397)

HB4844 Engrossed - 1920 - LRB103 39009 AMC 69146 b
1		Sec. 3-2.7-10. Definitions. In this Article, unless the
2		context requires otherwise:
3		"Department" means the Department of Juvenile Justice.
4		"Immediate family or household member" means the spouse,
5		child, parent, brother, sister, grandparent, or grandchild,
6		whether of the whole blood or half blood or by adoption, or a
7		person who shares a common dwelling.
8		"Juvenile justice system" means all activities by public
9		or private agencies or persons pertaining to youth involved in
10		or having contact with the police, courts, or corrections.
11		"Office" means the Office of the Independent Juvenile
12		Ombudsperson.
13		"Ombudsperson" means the Department of Juvenile Justice
14		Independent Juvenile Ombudsperson.
15		"Youth" means any person committed by court order to the
16		custody of the Department of Juvenile Justice, including youth
17		released on aftercare before final discharge.
18		(Source: P.A. 103-22, eff. 8-8-23.)
19		(Text of Section after amendment by P.A. 103-397)
20		Sec. 3-2.7-10. Definitions. In this Article, unless the
21		context requires otherwise:
22		"County-operated juvenile detention center" means any
23		shelter care home or detention home as "shelter" and
24		"detention" are defined in Section 1.1 of the County Shelter
25		Care and Detention Home Act and any other facility that

HB4844 Engrossed - 1921 - LRB103 39009 AMC 69146 b
1		detains youth in the juvenile justice system that is
2		specifically designated to detain or incarcerate youth.
3		"County-operated juvenile detention center" does not include
4		police or other temporary law enforcement holding locations.
5		"Department" means the Department of Juvenile Justice.
6		"Immediate family or household member" means the spouse,
7		child, parent, brother, sister, grandparent, or grandchild,
8		whether of the whole blood or half blood or by adoption, or a
9		person who shares a common dwelling.
10		"Juvenile justice system" means all activities by public
11		or private agencies or persons pertaining to youth involved in
12		or having contact with the police, courts, or corrections.
13		"Office" means the Office of the Independent Juvenile
14		Ombudsperson.
15		"Ombudsperson" means the Department of Juvenile Justice
16		Independent Juvenile Ombudsperson.
17		"Youth" means any person committed by court order to the
18		custody of the Department of Juvenile Justice or a
19		county-operated juvenile detention center, including youth
20		released on aftercare before final discharge.
21		(Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25;
22		revised 9-14-23.)
23		(730 ILCS 5/3-2.7-20)
24		(Text of Section before amendment by P.A. 103-397)
25		Sec. 3-2.7-20. Conflicts of interest. A person may not

HB4844 Engrossed - 1922 - LRB103 39009 AMC 69146 b
1		serve as Ombudsperson or as a deputy if the person or the
2		person's immediate family or household member:
3		(1) is or has been employed by the Department of
4		Juvenile Justice or Department of Corrections within one
5		year prior to appointment, other than as Ombudsperson or
6		Deputy Ombudsperson;
7		(2) participates in the management of a business
8		entity or other organization receiving funds from the
9		Department of Juvenile Justice;
10		(3) owns or controls, directly or indirectly, any
11		interest in a business entity or other organization
12		receiving funds from the Department of Juvenile Justice;
13		(4) uses or receives any amount of tangible goods,
14		services, or funds from the Department of Juvenile
15		Justice, other than as Ombudsperson or Deputy
16		Ombudsperson; or
17		(5) is required to register as a lobbyist for an
18		organization that interacts with the juvenile justice
19		system.
20		(Source: P.A. 103-22, eff. 8-8-23.)
21		(Text of Section after amendment by P.A. 103-397)
22		Sec. 3-2.7-20. Conflicts of interest. A person may not
23		serve as Ombudsperson or as a deputy if the person or the
24		person's immediate family or household member:
25		(1) is or has been employed by the Department of

HB4844 Engrossed - 1923 - LRB103 39009 AMC 69146 b
1		Juvenile Justice, Department of Corrections, or a
2		county-operated juvenile detention center within one year
3		prior to appointment, other than as Ombudsperson or Deputy
4		Ombudsperson;
5		(2) participates in the management of a business
6		entity or other organization receiving funds from the
7		Department of Juvenile Justice or a county-operated
8		juvenile detention center;
9		(3) owns or controls, directly or indirectly, any
10		interest in a business entity or other organization
11		receiving funds from the Department of Juvenile Justice or
12		a county-operated juvenile detention center;
13		(4) uses or receives any amount of tangible goods,
14		services, or funds from the Department of Juvenile Justice
15		or a county-operated juvenile detention center, other than
16		as Ombudsperson or Deputy Ombudsperson; or
17		(5) is required to register as a lobbyist for an
18		organization that interacts with the juvenile justice
19		system.
20		(Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25;
21		revised 9-14-23.)
22		(730 ILCS 5/3-2.7-25)
23		(Text of Section before amendment by P.A. 103-397)
24		Sec. 3-2.7-25. Duties and powers.
25		(a) The Independent Juvenile Ombudsperson shall function

HB4844 Engrossed - 1924 - LRB103 39009 AMC 69146 b
1		independently within the Department of Juvenile Justice with
2		respect to the operations of the Office in performance of the
3		Ombudsperson's duties under this Article and shall report to
4		the Governor. The Ombudsperson shall adopt rules and standards
5		as may be necessary or desirable to carry out the
6		Ombudsperson's duties. Funding for the Office shall be
7		designated separately within Department funds. The Department
8		shall provide necessary administrative services and facilities
9		to the Office of the Independent Juvenile Ombudsperson.
10		(b) The Office of Independent Juvenile Ombudsperson shall
11		have the following duties:
12		(1) review and monitor the implementation of the rules
13		and standards established by the Department of Juvenile
14		Justice and evaluate the delivery of services to youth to
15		ensure that the rights of youth are fully observed;
16		(2) provide assistance to a youth or family whom the
17		Ombudsperson determines is in need of assistance,
18		including advocating with an agency, provider, or other
19		person in the best interests of the youth;
20		(3) investigate and attempt to resolve complaints made
21		by or on behalf of youth, other than complaints alleging
22		criminal behavior or violations of the State Officials and
23		Employees Ethics Act, if the Office determines that the
24		investigation and resolution would further the purpose of
25		the Office, and:
26		(A) a youth committed to the Department of

HB4844 Engrossed - 1925 - LRB103 39009 AMC 69146 b
1		Juvenile Justice or the youth's family is in need of
2		assistance from the Office; or
3		(B) a systemic issue in the Department of Juvenile
4		Justice's provision of services is raised by a
5		complaint;
6		(4) review or inspect periodically the facilities and
7		procedures of any facility in which a youth has been
8		placed by the Department of Juvenile Justice to ensure
9		that the rights of youth are fully observed; and
10		(5) be accessible to and meet confidentially and
11		regularly with youth committed to the Department and serve
12		as a resource by informing them of pertinent laws, rules,
13		and policies, and their rights thereunder.
14		(c) The following cases shall be reported immediately to
15		the Director of Juvenile Justice and the Governor:
16		(1) cases of severe abuse or injury of a youth;
17		(2) serious misconduct, misfeasance, malfeasance, or
18		serious violations of policies and procedures concerning
19		the administration of a Department of Juvenile Justice
20		program or operation;
21		(3) serious problems concerning the delivery of
22		services in a facility operated by or under contract with
23		the Department of Juvenile Justice;
24		(4) interference by the Department of Juvenile Justice
25		with an investigation conducted by the Office; and
26		(5) other cases as deemed necessary by the

HB4844 Engrossed - 1926 - LRB103 39009 AMC 69146 b
1		Ombudsperson.
2		(d) Notwithstanding any other provision of law, the
3		Ombudsperson may not investigate alleged criminal behavior or
4		violations of the State Officials and Employees Ethics Act. If
5		the Ombudsperson determines that a possible criminal act has
6		been committed, or that special expertise is required in the
7		investigation, the Ombudsperson shall immediately notify the
8		Illinois State Police. If the Ombudsperson determines that a
9		possible violation of the State Officials and Employees Ethics
10		Act has occurred, the Ombudsperson shall immediately refer the
11		incident to the Office of the Governor's Executive Inspector
12		General for investigation. If the Ombudsperson receives a
13		complaint from a youth or third party regarding suspected
14		abuse or neglect of a child, the Ombudsperson shall refer the
15		incident to the Child Abuse and Neglect Hotline or to the
16		Illinois State Police as mandated by the Abused and Neglected
17		Child Reporting Act. Any investigation conducted by the
18		Ombudsperson shall not be duplicative and shall be separate
19		from any investigation mandated by the Abused and Neglected
20		Child Reporting Act. All investigations conducted by the
21		Ombudsperson shall be conducted in a manner designed to ensure
22		the preservation of evidence for possible use in a criminal
23		prosecution.
24		(e) In performance of the Ombudsperson's duties, the
25		Ombudsperson may:
26		(1) review court files of youth;

HB4844 Engrossed - 1927 - LRB103 39009 AMC 69146 b
1		(2) recommend policies, rules, and legislation
2		designed to protect youth;
3		(3) make appropriate referrals under any of the duties
4		and powers listed in this Section;
5		(4) attend internal administrative and disciplinary
6		hearings to ensure the rights of youth are fully observed
7		and advocate for the best interest of youth when deemed
8		necessary; and
9		(5) perform other acts, otherwise permitted or
10		required by law, in furtherance of the purpose of the
11		Office.
12		(f) To assess if a youth's rights have been violated, the
13		Ombudsperson may, in any matter that does not involve alleged
14		criminal behavior, contact or consult with an administrator,
15		employee, youth, parent, expert, or any other individual in
16		the course of the Ombudsperson's investigation or to secure
17		information as necessary to fulfill the Ombudsperson's duties.
18		(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23.)
19		(Text of Section after amendment by P.A. 103-397)
20		Sec. 3-2.7-25. Duties and powers.
21		(a) The Independent Juvenile Ombudsperson shall function
22		independently within the Department of Juvenile Justice and
23		county-operated juvenile detention centers with respect to the
24		operations of the Office in performance of the Ombudsperson's
25		duties under this Article and shall report to the Governor and

HB4844 Engrossed - 1928 - LRB103 39009 AMC 69146 b
1		to local authorities as provided in Section 3-2.7-50. The
2		Ombudsperson shall adopt rules and standards as may be
3		necessary or desirable to carry out the Ombudsperson's duties.
4		Funding for the Office shall be designated separately within
5		Department funds and shall include funds for operations at
6		county-operated juvenile detention centers. The Department
7		shall provide necessary administrative services and facilities
8		to the Office of the Independent Juvenile Ombudsperson.
9		County-operated juvenile detention centers shall provide
10		necessary administrative services and space, upon request,
11		inside the facility to the Office of the Independent Juvenile
12		Ombudsperson Ombudsman to meet confidentially with youth and
13		otherwise in performance of the Ombudsperson's his or her
14		duties under this Article.
15		(b) The Office of Independent Juvenile Ombudsperson shall
16		have the following duties:
17		(1) review and monitor the implementation of the rules
18		and standards established by the Department of Juvenile
19		Justice and county-operated juvenile detention centers and
20		evaluate the delivery of services to youth to ensure that
21		the rights of youth are fully observed;
22		(2) provide assistance to a youth or family whom the
23		Ombudsperson determines is in need of assistance,
24		including advocating with an agency, provider, or other
25		person in the best interests of the youth;
26		(3) investigate and attempt to resolve complaints made

HB4844 Engrossed - 1929 - LRB103 39009 AMC 69146 b
1		by or on behalf of youth, other than complaints alleging
2		criminal behavior or violations of the State Officials and
3		Employees Ethics Act, if the Office determines that the
4		investigation and resolution would further the purpose of
5		the Office, and:
6		(A) a youth committed to the Department of
7		Juvenile Justice or a county-operated juvenile
8		detention center or the youth's family is in need of
9		assistance from the Office; or
10		(B) a systemic issue in the Department of Juvenile
11		Justice's or county-operated juvenile detention
12		center's provision of services is raised by a
13		complaint;
14		(4) review or inspect periodically the facilities and
15		procedures of any county-operated juvenile detention
16		center or any facility in which a youth has been placed by
17		the Department of Juvenile Justice to ensure that the
18		rights of youth are fully observed; and
19		(5) be accessible to and meet confidentially and
20		regularly with youth committed to the Department or a
21		county-operated juvenile detention center and serve as a
22		resource by informing them of pertinent laws, rules, and
23		policies, and their rights thereunder.
24		(c) The following cases shall be reported immediately to
25		the Director of Juvenile Justice and the Governor, and for
26		cases that arise in county-operated juvenile detention

HB4844 Engrossed - 1930 - LRB103 39009 AMC 69146 b
1		centers, to the chief judge of the applicable judicial circuit
2		and the Director of the Administrative Office of the Illinois
3		Courts:
4		(1) cases of severe abuse or injury of a youth;
5		(2) serious misconduct, misfeasance, malfeasance, or
6		serious violations of policies and procedures concerning
7		the administration of a Department of Juvenile Justice or
8		county-operated juvenile detention center program or
9		operation;
10		(3) serious problems concerning the delivery of
11		services in a county-operated juvenile detention center or
12		a facility operated by or under contract with the
13		Department of Juvenile Justice;
14		(4) interference by the Department of Juvenile Justice
15		or county-operated juvenile detention center with an
16		investigation conducted by the Office; and
17		(5) other cases as deemed necessary by the
18		Ombudsperson.
19		(d) Notwithstanding any other provision of law, the
20		Ombudsperson may not investigate alleged criminal behavior or
21		violations of the State Officials and Employees Ethics Act. If
22		the Ombudsperson determines that a possible criminal act has
23		been committed, or that special expertise is required in the
24		investigation, the Ombudsperson shall immediately notify the
25		Illinois State Police. If the Ombudsperson determines that a
26		possible violation of the State Officials and Employees Ethics

HB4844 Engrossed - 1931 - LRB103 39009 AMC 69146 b
1		Act has occurred, the Ombudsperson shall immediately refer the
2		incident to the Office of the Governor's Executive Inspector
3		General for investigation. If the Ombudsperson receives a
4		complaint from a youth or third party regarding suspected
5		abuse or neglect of a child, the Ombudsperson shall refer the
6		incident to the Child Abuse and Neglect Hotline or to the
7		Illinois State Police as mandated by the Abused and Neglected
8		Child Reporting Act. Any investigation conducted by the
9		Ombudsperson shall not be duplicative and shall be separate
10		from any investigation mandated by the Abused and Neglected
11		Child Reporting Act. All investigations conducted by the
12		Ombudsperson shall be conducted in a manner designed to ensure
13		the preservation of evidence for possible use in a criminal
14		prosecution.
15		(e) In performance of the Ombudsperson's duties, the
16		Ombudsperson may:
17		(1) review court files of youth;
18		(2) recommend policies, rules, and legislation
19		designed to protect youth;
20		(3) make appropriate referrals under any of the duties
21		and powers listed in this Section;
22		(4) attend internal administrative and disciplinary
23		hearings to ensure the rights of youth are fully observed
24		and advocate for the best interest of youth when deemed
25		necessary; and
26		(5) perform other acts, otherwise permitted or

HB4844 Engrossed - 1932 - LRB103 39009 AMC 69146 b
1		required by law, in furtherance of the purpose of the
2		Office.
3		(f) To assess if a youth's rights have been violated, the
4		Ombudsperson may, in any matter that does not involve alleged
5		criminal behavior, contact or consult with an administrator,
6		employee, youth, parent, expert, or any other individual in
7		the course of the Ombudsperson's investigation or to secure
8		information as necessary to fulfill the Ombudsperson's duties.
9		(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23;
10		103-397, eff. 1-1-25; revised 9-14-23.)
11		(730 ILCS 5/3-2.7-30)
12		(Text of Section before amendment by P.A. 103-397)
13		Sec. 3-2.7-30. Duties of the Department of Juvenile
14		Justice.
15		(a) The Department of Juvenile Justice shall allow any
16		youth to communicate with the Ombudsperson or a deputy at any
17		time. The communication:
18		(1) may be in person, by phone, by mail, or by any
19		other means deemed appropriate in light of security
20		concerns; and
21		(2) is confidential and privileged.
22		(b) The Department shall allow the Ombudsperson and
23		deputies full and unannounced access to youth and Department
24		facilities at any time. The Department shall furnish the
25		Ombudsperson and deputies with appropriate meeting space in

HB4844 Engrossed - 1933 - LRB103 39009 AMC 69146 b
1		each facility in order to preserve confidentiality.
2		(c) The Department shall allow the Ombudsperson and
3		deputies to participate in professional development
4		opportunities provided by the Department of Juvenile Justice
5		as practical and to attend appropriate professional training
6		when requested by the Ombudsperson.
7		(d) The Department shall provide the Ombudsperson copies
8		of critical incident reports involving a youth residing in a
9		facility operated by the Department. Critical incidents
10		include, but are not limited to, severe injuries that result
11		in hospitalization, suicide attempts that require medical
12		intervention, sexual abuse, and escapes.
13		(e) The Department shall provide the Ombudsperson with
14		reasonable advance notice of all internal administrative and
15		disciplinary hearings regarding a youth residing in a facility
16		operated by the Department.
17		(f) The Department of Juvenile Justice may not discharge,
18		demote, discipline, or in any manner discriminate or retaliate
19		against a youth or an employee who in good faith makes a
20		complaint to the Office of the Independent Juvenile
21		Ombudsperson or cooperates with the Office.
22		(Source: P.A. 103-22, eff. 8-8-23.)
23		(Text of Section after amendment by P.A. 103-397)
24		Sec. 3-2.7-30. Duties of the Department of Juvenile
25		Justice or county-operated juvenile detention center.

HB4844 Engrossed - 1934 - LRB103 39009 AMC 69146 b
1		(a) The Department of Juvenile Justice and every
2		county-operated juvenile detention center shall allow any
3		youth to communicate with the Ombudsperson or a deputy at any
4		time. The communication:
5		(1) may be in person, by phone, by mail, or by any
6		other means deemed appropriate in light of security
7		concerns; and
8		(2) is confidential and privileged.
9		(b) The Department and county-operated juvenile detention
10		centers shall allow the Ombudsperson and deputies full and
11		unannounced access to youth and Department facilities and
12		county-operated juvenile detention centers at any time. The
13		Department and county-operated juvenile detention centers
14		shall furnish the Ombudsperson and deputies with appropriate
15		meeting space in each facility in order to preserve
16		confidentiality.
17		(c) The Department and county-operated juvenile detention
18		centers shall allow the Ombudsperson and deputies to
19		participate in professional development opportunities provided
20		by the Department of Juvenile Justice and county-operated
21		juvenile detention centers as practical and to attend
22		appropriate professional training when requested by the
23		Ombudsperson.
24		(d) The Department and county-operated juvenile detention
25		centers shall provide the Ombudsperson copies of critical
26		incident reports involving a youth residing in a facility

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1		operated by the Department or a county-operated juvenile
2		detention center. Critical incidents include, but are not
3		limited to, severe injuries that result in hospitalization,
4		suicide attempts that require medical intervention, sexual
5		abuse, and escapes.
6		(e) The Department and county-operated juvenile detention
7		centers shall provide the Ombudsperson with reasonable advance
8		notice of all internal administrative and disciplinary
9		hearings regarding a youth residing in a facility operated by
10		the Department or a county-operated juvenile detention center.
11		(f) The Department of Juvenile Justice and county-operated
12		juvenile detention centers may not discharge, demote,
13		discipline, or in any manner discriminate or retaliate against
14		a youth or an employee who in good faith makes a complaint to
15		the Office of the Independent Juvenile Ombudsperson or
16		cooperates with the Office.
17		(Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25;
18		revised 9-14-23.)
19		(730 ILCS 5/3-2.7-35)
20		(Text of Section before amendment by P.A. 103-397)
21		Sec. 3-2.7-35. Reports. The Independent Juvenile
22		Ombudsperson shall provide to the General Assembly and the
23		Governor, no later than January 1 of each year, a summary of
24		activities done in furtherance of the purpose of the Office
25		for the prior fiscal year. The summaries shall contain data

HB4844 Engrossed - 1936 - LRB103 39009 AMC 69146 b
1		both aggregated and disaggregated by individual facility and
2		describe:
3		(1) the work of the Ombudsperson;
4		(2) the status of any review or investigation
5		undertaken by the Ombudsperson, but may not contain any
6		confidential or identifying information concerning the
7		subjects of the reports and investigations; and
8		(3) any recommendations that the Independent Juvenile
9		Ombudsperson has relating to a systemic issue in the
10		Department of Juvenile Justice's provision of services and
11		any other matters for consideration by the General
12		Assembly and the Governor.
13		(Source: P.A. 103-22, eff. 8-8-23.)
14		(Text of Section after amendment by P.A. 103-397)
15		Sec. 3-2.7-35. Reports. The Independent Juvenile
16		Ombudsperson shall provide to the General Assembly and the
17		Governor, no later than January 1 of each year, a summary of
18		activities done in furtherance of the purpose of the Office
19		for the prior fiscal year. The summaries shall contain data
20		both aggregated and disaggregated by individual facility and
21		describe:
22		(1) the work of the Ombudsperson;
23		(2) the status of any review or investigation
24		undertaken by the Ombudsperson, but may not contain any
25		confidential or identifying information concerning the

HB4844 Engrossed - 1937 - LRB103 39009 AMC 69146 b
1		subjects of the reports and investigations; and
2		(3) any recommendations that the Independent Juvenile
3		Ombudsperson has relating to a systemic issue in the
4		Department of Juvenile Justice's or a county-operated
5		juvenile detention center's provision of services and any
6		other matters for consideration by the General Assembly
7		and the Governor.
8		With respect to county-operated juvenile detention
9		centers, the Ombudsperson Ombudsman shall provide data
10		responsive to paragraphs (1) through (3) to the chief judge of
11		the applicable judicial circuit and to the Director of the
12		Administrative Office of the Illinois Courts, and shall make
13		the data publicly available.
14		(Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25;
15		revised 9-14-23.)
16		(730 ILCS 5/3-2.7-40)
17		(Text of Section before amendment by P.A. 103-397)
18		Sec. 3-2.7-40. Complaints. The Office of Independent
19		Juvenile Ombudsperson shall promptly and efficiently act on
20		complaints made by or on behalf of youth filed with the Office
21		that relate to the operations or staff of the Department of
22		Juvenile Justice. The Office shall maintain information about
23		parties to the complaint, the subject matter of the complaint,
24		a summary of the results of the review or investigation of the
25		complaint, including any resolution of or recommendations made

HB4844 Engrossed - 1938 - LRB103 39009 AMC 69146 b
1		as a result of the complaint. The Office shall make
2		information available describing its procedures for complaint
3		investigation and resolution. When applicable, the Office
4		shall notify the complaining youth that an investigation and
5		resolution may result in or will require disclosure of the
6		complaining youth's identity. The Office shall periodically
7		notify the complaint parties of the status of the complaint
8		until final disposition.
9		(Source: P.A. 103-22, eff. 8-8-23.)
10		(Text of Section after amendment by P.A. 103-397)
11		Sec. 3-2.7-40. Complaints. The Office of Independent
12		Juvenile Ombudsperson shall promptly and efficiently act on
13		complaints made by or on behalf of youth filed with the Office
14		that relate to the operations or staff of the Department of
15		Juvenile Justice or a county-operated juvenile detention
16		center. The Office shall maintain information about parties to
17		the complaint, the subject matter of the complaint, a summary
18		of the results of the review or investigation of the
19		complaint, including any resolution of or recommendations made
20		as a result of the complaint. The Office shall make
21		information available describing its procedures for complaint
22		investigation and resolution. When applicable, the Office
23		shall notify the complaining youth that an investigation and
24		resolution may result in or will require disclosure of the
25		complaining youth's identity. The Office shall periodically

HB4844 Engrossed - 1939 - LRB103 39009 AMC 69146 b
1		notify the complaint parties of the status of the complaint
2		until final disposition.
3		(Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25;
4		revised 9-18-23.)
5		(730 ILCS 5/3-2.7-50)
6		(Text of Section before amendment by P.A. 103-397)
7		Sec. 3-2.7-50. Promotion and awareness of Office. The
8		Independent Juvenile Ombudsperson shall promote awareness
9		among the public and youth of:
10		(1) the rights of youth committed to the Department;
11		(2) the purpose of the Office;
12		(3) how the Office may be contacted;
13		(4) the confidential nature of communications; and
14		(5) the services the Office provides.
15		(Source: P.A. 103-22, eff. 8-8-23.)
16		(Text of Section after amendment by P.A. 103-397)
17		Sec. 3-2.7-50. Promotion and awareness of Office. The
18		Independent Juvenile Ombudsperson shall promote awareness
19		among the public and youth of:
20		(1) the rights of youth committed to the Department
21		and county-operated juvenile detention centers;
22		(2) the purpose of the Office;
23		(3) how the Office may be contacted;
24		(4) the confidential nature of communications; and

HB4844 Engrossed - 1940 - LRB103 39009 AMC 69146 b
1		(5) the services the Office provides.
2		(Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25;
3		revised 9-18-23.)
4		(730 ILCS 5/3-2.7-55)
5		(Text of Section before amendment by P.A. 103-397)
6		Sec. 3-2.7-55. Access to information of governmental
7		entities. The Department of Juvenile Justice shall provide the
8		Independent Juvenile Ombudsperson unrestricted access to all
9		master record files of youth under Section 3-5-1 of this Code.
10		Access to educational, social, psychological, mental health,
11		substance abuse, and medical records shall not be disclosed
12		except as provided in Section 5-910 of the Juvenile Court Act
13		of 1987, the Mental Health and Developmental Disabilities
14		Confidentiality Act, the School Code, and any applicable
15		federal laws that govern access to those records.
16		(Source: P.A. 103-22, eff. 8-8-23.)
17		(Text of Section after amendment by P.A. 103-397)
18		Sec. 3-2.7-55. Access to information of governmental
19		entities. The Department of Juvenile Justice and
20		county-operated juvenile detention centers shall provide the
21		Independent Juvenile Ombudsperson unrestricted access to all
22		master record files of youth under Section 3-5-1 of this Code
23		or any other files of youth in the custody of county-operated
24		juvenile detention centers, or both. Access to educational,

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1		social, psychological, mental health, substance abuse, and
2		medical records shall not be disclosed except as provided in
3		Section 5-910 of the Juvenile Court Act of 1987, the Mental
4		Health and Developmental Disabilities Confidentiality Act, the
5		School Code, and any applicable federal laws that govern
6		access to those records.
7		(Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25;
8		revised 9-15-23.)
9		(730 ILCS 5/3-5-1)
10		Sec. 3-5-1. Master record file.
11		(a) The Department of Corrections and the Department of
12		Juvenile Justice shall maintain a master record file on each
13		person committed to it, which shall contain the following
14		information:
15		(1) all information from the committing court;
16		(1.5) ethnic and racial background data collected in
17		accordance with Section 4.5 of the Criminal Identification
18		Act and Section 2-5 of the No Representation Without
19		Population Act;
20		(1.6) the committed person's last known complete
21		street address prior to incarceration or legal residence
22		collected in accordance with Section 2-5 of the No
23		Representation Without Population Act;
24		(2) reception summary;
25		(3) evaluation and assignment reports and

HB4844 Engrossed - 1942 - LRB103 39009 AMC 69146 b
1		recommendations;
2		(4) reports as to program assignment and progress;
3		(5) reports of disciplinary infractions and
4		disposition, including tickets and Administrative Review
5		Board action;
6		(6) any parole or aftercare release plan;
7		(7) any parole or aftercare release reports;
8		(8) the date and circumstances of final discharge;
9		(9) criminal history;
10		(10) current and past gang affiliations and ranks;
11		(11) information regarding associations and family
12		relationships;
13		(12) any grievances filed and responses to those
14		grievances;
15		(13) other information that the respective Department
16		determines is relevant to the secure confinement and
17		rehabilitation of the committed person;
18		(14) the last known address provided by the person
19		committed; and
20		(15) all medical and dental records.
21		(b) All files shall be confidential and access shall be
22		limited to authorized personnel of the respective Department
23		or by disclosure in accordance with a court order or subpoena.
24		Personnel of other correctional, welfare or law enforcement
25		agencies may have access to files under rules and regulations
26		of the respective Department. The respective Department shall

HB4844 Engrossed - 1943 - LRB103 39009 AMC 69146 b
1		keep a record of all outside personnel who have access to
2		files, the files reviewed, any file material copied, and the
3		purpose of access. If the respective Department or the
4		Prisoner Review Board makes a determination under this Code
5		which affects the length of the period of confinement or
6		commitment, the committed person and his counsel shall be
7		advised of factual information relied upon by the respective
8		Department or Board to make the determination, provided that
9		the Department or Board shall not be required to advise a
10		person committed to the Department of Juvenile Justice any
11		such information which in the opinion of the Department of
12		Juvenile Justice or Board would be detrimental to his
13		treatment or rehabilitation.
14		(c) The master file shall be maintained at a place
15		convenient to its use by personnel of the respective
16		Department in charge of the person. When custody of a person is
17		transferred from the Department to another department or
18		agency, a summary of the file shall be forwarded to the
19		receiving agency with such other information required by law
20		or requested by the agency under rules and regulations of the
21		respective Department.
22		(d) The master file of a person no longer in the custody of
23		the respective Department shall be placed on inactive status
24		and its use shall be restricted subject to rules and
25		regulations of the Department.
26		(e) All public agencies may make available to the

HB4844 Engrossed - 1944 - LRB103 39009 AMC 69146 b
1		respective Department on request any factual data not
2		otherwise privileged as a matter of law in their possession in
3		respect to individuals committed to the respective Department.
4		(f) A committed person may request a summary of the
5		committed person's master record file once per year and the
6		committed person's attorney may request one summary of the
7		committed person's master record file once per year. The
8		Department shall create a form for requesting this summary,
9		and shall make that form available to committed persons and to
10		the public on its website. Upon receipt of the request form,
11		the Department shall provide the summary within 15 days. The
12		summary must contain, unless otherwise prohibited by law:
13		(1) the person's name, ethnic, racial, last known
14		street address prior to incarceration or legal residence,
15		and other identifying information;
16		(2) all digitally available information from the
17		committing court;
18		(3) all information in the Offender 360 system on the
19		person's criminal history;
20		(4) the person's complete assignment history in the
21		Department of Corrections;
22		(5) the person's disciplinary card;
23		(6) additional records about up to 3 specific
24		disciplinary incidents as identified by the requester;
25		(7) any available records about up to 5 specific
26		grievances filed by the person, as identified by the

HB4844 Engrossed - 1945 - LRB103 39009 AMC 69146 b
1		requester; and
2		(8) the records of all grievances filed on or after
3		January 1, 2023.
4		Notwithstanding any provision of this subsection (f) to
5		the contrary, a committed person's master record file is not
6		subject to disclosure and copying under the Freedom of
7		Information Act.
8		(g) Subject to appropriation, on or before July 1, 2025,
9		the Department of Corrections shall digitalize all newly
10		committed persons' master record files who become incarcerated
11		and all other new information that the Department maintains
12		concerning its correctional institutions, facilities, and
13		individuals incarcerated.
14		(h) Subject to appropriation, on or before July 1, 2027,
15		the Department of Corrections shall digitalize all medical and
16		dental records in the master record files and all other
17		information that the Department maintains concerning its
18		correctional institutions and facilities in relation to
19		medical records, dental records, and medical and dental needs
20		of committed persons.
21		(i) Subject to appropriation, on or before July 1, 2029,
22		the Department of Corrections shall digitalize all information
23		in the master record files and all other information that the
24		Department maintains concerning its correctional institutions
25		and facilities.
26		(j) The Department of Corrections shall adopt rules to

HB4844 Engrossed - 1946 - LRB103 39009 AMC 69146 b
1		implement subsections (g), (h), and (i) if appropriations are
2		available to implement these provisions.
3		(k) Subject to appropriation, the Department of
4		Corrections, in consultation with the Department of Innovation
5		and Technology, shall conduct a study on the best way to
6		digitize all Department of Corrections records and the impact
7		of that digitizing on State agencies, including the impact on
8		the Department of Innovation and Technology. The study shall
9		be completed on or before January 1, 2024.
10		(Source: P.A. 102-776, eff. 1-1-23; 102-784, eff. 5-13-22;
11		103-18, eff. 1-1-24; 103-71, eff. 6-9-23; 103-154, eff.
12		6-30-23; revised 12-15-23.)
13		(730 ILCS 5/3-6-3)
14		Sec. 3-6-3. Rules and regulations for sentence credit.
15		(a)(1) The Department of Corrections shall prescribe rules
16		and regulations for awarding and revoking sentence credit for
17		persons committed to the Department of Corrections and the
18		Department of Juvenile Justice shall prescribe rules and
19		regulations for awarding and revoking sentence credit for
20		persons committed to the Department of Juvenile Justice under
21		Section 5-8-6 of the Unified Code of Corrections, which shall
22		be subject to review by the Prisoner Review Board.
23		(1.5) As otherwise provided by law, sentence credit may be
24		awarded for the following:
25		(A) successful completion of programming while in

HB4844 Engrossed - 1947 - LRB103 39009 AMC 69146 b
1		custody of the Department of Corrections or the Department
2		of Juvenile Justice or while in custody prior to
3		sentencing;
4		(B) compliance with the rules and regulations of the
5		Department; or
6		(C) service to the institution, service to a
7		community, or service to the State.
8		(2) Except as provided in paragraph (4.7) of this
9		subsection (a), the rules and regulations on sentence credit
10		shall provide, with respect to offenses listed in clause (i),
11		(ii), or (iii) of this paragraph (2) committed on or after June
12		19, 1998 or with respect to the offense listed in clause (iv)
13		of this paragraph (2) committed on or after June 23, 2005 (the
14		effective date of Public Act 94-71) or with respect to offense
15		listed in clause (vi) committed on or after June 1, 2008 (the
16		effective date of Public Act 95-625) or with respect to the
17		offense of being an armed habitual criminal committed on or
18		after August 2, 2005 (the effective date of Public Act 94-398)
19		or with respect to the offenses listed in clause (v) of this
20		paragraph (2) committed on or after August 13, 2007 (the
21		effective date of Public Act 95-134) or with respect to the
22		offense of aggravated domestic battery committed on or after
23		July 23, 2010 (the effective date of Public Act 96-1224) or
24		with respect to the offense of attempt to commit terrorism
25		committed on or after January 1, 2013 (the effective date of
26		Public Act 97-990), the following:

HB4844 Engrossed - 1948 - LRB103 39009 AMC 69146 b
1		(i) that a prisoner who is serving a term of
2		imprisonment for first degree murder or for the offense of
3		terrorism shall receive no sentence credit and shall serve
4		the entire sentence imposed by the court;
5		(ii) that a prisoner serving a sentence for attempt to
6		commit terrorism, attempt to commit first degree murder,
7		solicitation of murder, solicitation of murder for hire,
8		intentional homicide of an unborn child, predatory
9		criminal sexual assault of a child, aggravated criminal
10		sexual assault, criminal sexual assault, aggravated
11		kidnapping, aggravated battery with a firearm as described
12		in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3),
13		or (e)(4) of Section 12-3.05, heinous battery as described
14		in Section 12-4.1 or subdivision (a)(2) of Section
15		12-3.05, being an armed habitual criminal, aggravated
16		battery of a senior citizen as described in Section 12-4.6
17		or subdivision (a)(4) of Section 12-3.05, or aggravated
18		battery of a child as described in Section 12-4.3 or
19		subdivision (b)(1) of Section 12-3.05 shall receive no
20		more than 4.5 days of sentence credit for each month of his
21		or her sentence of imprisonment;
22		(iii) that a prisoner serving a sentence for home
23		invasion, armed robbery, aggravated vehicular hijacking,
24		aggravated discharge of a firearm, or armed violence with
25		a category I weapon or category II weapon, when the court
26		has made and entered a finding, pursuant to subsection

HB4844 Engrossed - 1949 - LRB103 39009 AMC 69146 b
1		(c-1) of Section 5-4-1 of this Code, that the conduct
2		leading to conviction for the enumerated offense resulted
3		in great bodily harm to a victim, shall receive no more
4		than 4.5 days of sentence credit for each month of his or
5		her sentence of imprisonment;
6		(iv) that a prisoner serving a sentence for aggravated
7		discharge of a firearm, whether or not the conduct leading
8		to conviction for the offense resulted in great bodily
9		harm to the victim, shall receive no more than 4.5 days of
10		sentence credit for each month of his or her sentence of
11		imprisonment;
12		(v) that a person serving a sentence for gunrunning,
13		narcotics racketeering, controlled substance trafficking,
14		methamphetamine trafficking, drug-induced homicide,
15		aggravated methamphetamine-related child endangerment,
16		money laundering pursuant to clause (c) (4) or (5) of
17		Section 29B-1 of the Criminal Code of 1961 or the Criminal
18		Code of 2012, or a Class X felony conviction for delivery
19		of a controlled substance, possession of a controlled
20		substance with intent to manufacture or deliver,
21		calculated criminal drug conspiracy, criminal drug
22		conspiracy, street gang criminal drug conspiracy,
23		participation in methamphetamine manufacturing,
24		aggravated participation in methamphetamine
25		manufacturing, delivery of methamphetamine, possession
26		with intent to deliver methamphetamine, aggravated

HB4844 Engrossed - 1950 - LRB103 39009 AMC 69146 b
1		delivery of methamphetamine, aggravated possession with
2		intent to deliver methamphetamine, methamphetamine
3		conspiracy when the substance containing the controlled
4		substance or methamphetamine is 100 grams or more shall
5		receive no more than 7.5 days sentence credit for each
6		month of his or her sentence of imprisonment;
7		(vi) that a prisoner serving a sentence for a second
8		or subsequent offense of luring a minor shall receive no
9		more than 4.5 days of sentence credit for each month of his
10		or her sentence of imprisonment; and
11		(vii) that a prisoner serving a sentence for
12		aggravated domestic battery shall receive no more than 4.5
13		days of sentence credit for each month of his or her
14		sentence of imprisonment.
15		(2.1) For all offenses, other than those enumerated in
16		subdivision (a)(2)(i), (ii), or (iii) committed on or after
17		June 19, 1998 or subdivision (a)(2)(iv) committed on or after
18		June 23, 2005 (the effective date of Public Act 94-71) or
19		subdivision (a)(2)(v) committed on or after August 13, 2007
20		(the effective date of Public Act 95-134) or subdivision
21		(a)(2)(vi) committed on or after June 1, 2008 (the effective
22		date of Public Act 95-625) or subdivision (a)(2)(vii)
23		committed on or after July 23, 2010 (the effective date of
24		Public Act 96-1224), and other than the offense of aggravated
25		driving under the influence of alcohol, other drug or drugs,
26		or intoxicating compound or compounds, or any combination

HB4844 Engrossed - 1951 - LRB103 39009 AMC 69146 b
1		thereof as defined in subparagraph (F) of paragraph (1) of
2		subsection (d) of Section 11-501 of the Illinois Vehicle Code,
3		and other than the offense of aggravated driving under the
4		influence of alcohol, other drug or drugs, or intoxicating
5		compound or compounds, or any combination thereof as defined
6		in subparagraph (C) of paragraph (1) of subsection (d) of
7		Section 11-501 of the Illinois Vehicle Code committed on or
8		after January 1, 2011 (the effective date of Public Act
9		96-1230), the rules and regulations shall provide that a
10		prisoner who is serving a term of imprisonment shall receive
11		one day of sentence credit for each day of his or her sentence
12		of imprisonment or recommitment under Section 3-3-9. Each day
13		of sentence credit shall reduce by one day the prisoner's
14		period of imprisonment or recommitment under Section 3-3-9.
15		(2.2) A prisoner serving a term of natural life
16		imprisonment shall receive no sentence credit.
17		(2.3) Except as provided in paragraph (4.7) of this
18		subsection (a), the rules and regulations on sentence credit
19		shall provide that a prisoner who is serving a sentence for
20		aggravated driving under the influence of alcohol, other drug
21		or drugs, or intoxicating compound or compounds, or any
22		combination thereof as defined in subparagraph (F) of
23		paragraph (1) of subsection (d) of Section 11-501 of the
24		Illinois Vehicle Code, shall receive no more than 4.5 days of
25		sentence credit for each month of his or her sentence of
26		imprisonment.

HB4844 Engrossed - 1952 - LRB103 39009 AMC 69146 b
1		(2.4) Except as provided in paragraph (4.7) of this
2		subsection (a), the rules and regulations on sentence credit
3		shall provide with respect to the offenses of aggravated
4		battery with a machine gun or a firearm equipped with any
5		device or attachment designed or used for silencing the report
6		of a firearm or aggravated discharge of a machine gun or a
7		firearm equipped with any device or attachment designed or
8		used for silencing the report of a firearm, committed on or
9		after July 15, 1999 (the effective date of Public Act 91-121),
10		that a prisoner serving a sentence for any of these offenses
11		shall receive no more than 4.5 days of sentence credit for each
12		month of his or her sentence of imprisonment.
13		(2.5) Except as provided in paragraph (4.7) of this
14		subsection (a), the rules and regulations on sentence credit
15		shall provide that a prisoner who is serving a sentence for
16		aggravated arson committed on or after July 27, 2001 (the
17		effective date of Public Act 92-176) shall receive no more
18		than 4.5 days of sentence credit for each month of his or her
19		sentence of imprisonment.
20		(2.6) Except as provided in paragraph (4.7) of this
21		subsection (a), the rules and regulations on sentence credit
22		shall provide that a prisoner who is serving a sentence for
23		aggravated driving under the influence of alcohol, other drug
24		or drugs, or intoxicating compound or compounds or any
25		combination thereof as defined in subparagraph (C) of
26		paragraph (1) of subsection (d) of Section 11-501 of the

HB4844 Engrossed - 1953 - LRB103 39009 AMC 69146 b
1		Illinois Vehicle Code committed on or after January 1, 2011
2		(the effective date of Public Act 96-1230) shall receive no
3		more than 4.5 days of sentence credit for each month of his or
4		her sentence of imprisonment.
5		(3) In addition to the sentence credits earned under
6		paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this
7		subsection (a), the rules and regulations shall also provide
8		that the Director of Corrections or the Director of Juvenile
9		Justice may award up to 180 days of earned sentence credit for
10		prisoners serving a sentence of incarceration of less than 5
11		years, and up to 365 days of earned sentence credit for
12		prisoners serving a sentence of 5 years or longer. The
13		Director may grant this credit for good conduct in specific
14		instances as either Director deems proper for eligible persons
15		in the custody of each Director's respective Department. The
16		good conduct may include, but is not limited to, compliance
17		with the rules and regulations of the Department, service to
18		the Department, service to a community, or service to the
19		State.
20		Eligible inmates for an award of earned sentence credit
21		under this paragraph (3) may be selected to receive the credit
22		at either Director's or his or her designee's sole discretion.
23		Eligibility for the additional earned sentence credit under
24		this paragraph (3) may be based on, but is not limited to,
25		participation in programming offered by the Department as
26		appropriate for the prisoner based on the results of any

HB4844 Engrossed - 1954 - LRB103 39009 AMC 69146 b
1		available risk/needs assessment or other relevant assessments
2		or evaluations administered by the Department using a
3		validated instrument, the circumstances of the crime,
4		demonstrated commitment to rehabilitation by a prisoner with a
5		history of conviction for a forcible felony enumerated in
6		Section 2-8 of the Criminal Code of 2012, the inmate's
7		behavior and improvements in disciplinary history while
8		incarcerated, and the inmate's commitment to rehabilitation,
9		including participation in programming offered by the
10		Department.
11		The Director of Corrections or the Director of Juvenile
12		Justice shall not award sentence credit under this paragraph
13		(3) to an inmate unless the inmate has served a minimum of 60
14		days of the sentence, including time served in a county jail;
15		except nothing in this paragraph shall be construed to permit
16		either Director to extend an inmate's sentence beyond that
17		which was imposed by the court. Prior to awarding credit under
18		this paragraph (3), each Director shall make a written
19		determination that the inmate:
20		(A) is eligible for the earned sentence credit;
21		(B) has served a minimum of 60 days, or as close to 60
22		days as the sentence will allow;
23		(B-1) has received a risk/needs assessment or other
24		relevant evaluation or assessment administered by the
25		Department using a validated instrument; and
26		(C) has met the eligibility criteria established by

HB4844 Engrossed - 1955 - LRB103 39009 AMC 69146 b
1		rule for earned sentence credit.
2		The Director of Corrections or the Director of Juvenile
3		Justice shall determine the form and content of the written
4		determination required in this subsection.
5		(3.5) The Department shall provide annual written reports
6		to the Governor and the General Assembly on the award of earned
7		sentence credit no later than February 1 of each year. The
8		Department must publish both reports on its website within 48
9		hours of transmitting the reports to the Governor and the
10		General Assembly. The reports must include:
11		(A) the number of inmates awarded earned sentence
12		credit;
13		(B) the average amount of earned sentence credit
14		awarded;
15		(C) the holding offenses of inmates awarded earned
16		sentence credit; and
17		(D) the number of earned sentence credit revocations.
18		(4)(A) Except as provided in paragraph (4.7) of this
19		subsection (a), the rules and regulations shall also provide
20		that any prisoner who is engaged full-time in substance abuse
21		programs, correctional industry assignments, educational
22		programs, work-release programs or activities in accordance
23		with Article 13 of Chapter III of this Code, behavior
24		modification programs, life skills courses, or re-entry
25		planning provided by the Department under this paragraph (4)
26		and satisfactorily completes the assigned program as

HB4844 Engrossed - 1956 - LRB103 39009 AMC 69146 b
1		determined by the standards of the Department, shall receive
2		one day of sentence credit for each day in which that prisoner
3		is engaged in the activities described in this paragraph. The
4		rules and regulations shall also provide that sentence credit
5		may be provided to an inmate who was held in pre-trial
6		detention prior to his or her current commitment to the
7		Department of Corrections and successfully completed a
8		full-time, 60-day or longer substance abuse program,
9		educational program, behavior modification program, life
10		skills course, or re-entry planning provided by the county
11		department of corrections or county jail. Calculation of this
12		county program credit shall be done at sentencing as provided
13		in Section 5-4.5-100 of this Code and shall be included in the
14		sentencing order. The rules and regulations shall also provide
15		that sentence credit may be provided to an inmate who is in
16		compliance with programming requirements in an adult
17		transition center.
18		(B) The Department shall award sentence credit under this
19		paragraph (4) accumulated prior to January 1, 2020 (the
20		effective date of Public Act 101-440) in an amount specified
21		in subparagraph (C) of this paragraph (4) to an inmate serving
22		a sentence for an offense committed prior to June 19, 1998, if
23		the Department determines that the inmate is entitled to this
24		sentence credit, based upon:
25		(i) documentation provided by the Department that the
26		inmate engaged in any full-time substance abuse programs,

HB4844 Engrossed - 1957 - LRB103 39009 AMC 69146 b
1		correctional industry assignments, educational programs,
2		behavior modification programs, life skills courses, or
3		re-entry planning provided by the Department under this
4		paragraph (4) and satisfactorily completed the assigned
5		program as determined by the standards of the Department
6		during the inmate's current term of incarceration; or
7		(ii) the inmate's own testimony in the form of an
8		affidavit or documentation, or a third party's
9		documentation or testimony in the form of an affidavit
10		that the inmate likely engaged in any full-time substance
11		abuse programs, correctional industry assignments,
12		educational programs, behavior modification programs, life
13		skills courses, or re-entry planning provided by the
14		Department under paragraph (4) and satisfactorily
15		completed the assigned program as determined by the
16		standards of the Department during the inmate's current
17		term of incarceration.
18		(C) If the inmate can provide documentation that he or she
19		is entitled to sentence credit under subparagraph (B) in
20		excess of 45 days of participation in those programs, the
21		inmate shall receive 90 days of sentence credit. If the inmate
22		cannot provide documentation of more than 45 days of
23		participation in those programs, the inmate shall receive 45
24		days of sentence credit. In the event of a disagreement
25		between the Department and the inmate as to the amount of
26		credit accumulated under subparagraph (B), if the Department

HB4844 Engrossed - 1958 - LRB103 39009 AMC 69146 b
1		provides documented proof of a lesser amount of days of
2		participation in those programs, that proof shall control. If
3		the Department provides no documentary proof, the inmate's
4		proof as set forth in clause (ii) of subparagraph (B) shall
5		control as to the amount of sentence credit provided.
6		(D) If the inmate has been convicted of a sex offense as
7		defined in Section 2 of the Sex Offender Registration Act,
8		sentencing credits under subparagraph (B) of this paragraph
9		(4) shall be awarded by the Department only if the conditions
10		set forth in paragraph (4.6) of subsection (a) are satisfied.
11		No inmate serving a term of natural life imprisonment shall
12		receive sentence credit under subparagraph (B) of this
13		paragraph (4).
14		(E) The rules and regulations shall provide for the
15		recalculation of program credits awarded pursuant to this
16		paragraph (4) prior to July 1, 2021 (the effective date of
17		Public Act 101-652) at the rate set for such credits on and
18		after July 1, 2021.
19		Educational, vocational, substance abuse, behavior
20		modification programs, life skills courses, re-entry planning,
21		and correctional industry programs under which sentence credit
22		may be earned under this paragraph (4) and paragraph (4.1) of
23		this subsection (a) shall be evaluated by the Department on
24		the basis of documented standards. The Department shall report
25		the results of these evaluations to the Governor and the
26		General Assembly by September 30th of each year. The reports

HB4844 Engrossed - 1959 - LRB103 39009 AMC 69146 b
1		shall include data relating to the recidivism rate among
2		program participants.
3		Availability of these programs shall be subject to the
4		limits of fiscal resources appropriated by the General
5		Assembly for these purposes. Eligible inmates who are denied
6		immediate admission shall be placed on a waiting list under
7		criteria established by the Department. The rules and
8		regulations shall provide that a prisoner who has been placed
9		on a waiting list but is transferred for non-disciplinary
10		reasons before beginning a program shall receive priority
11		placement on the waitlist for appropriate programs at the new
12		facility. The inability of any inmate to become engaged in any
13		such programs by reason of insufficient program resources or
14		for any other reason established under the rules and
15		regulations of the Department shall not be deemed a cause of
16		action under which the Department or any employee or agent of
17		the Department shall be liable for damages to the inmate. The
18		rules and regulations shall provide that a prisoner who begins
19		an educational, vocational, substance abuse, work-release
20		programs or activities in accordance with Article 13 of
21		Chapter III of this Code, behavior modification program, life
22		skills course, re-entry planning, or correctional industry
23		programs but is unable to complete the program due to illness,
24		disability, transfer, lockdown, or another reason outside of
25		the prisoner's control shall receive prorated sentence credits
26		for the days in which the prisoner did participate.

HB4844 Engrossed - 1960 - LRB103 39009 AMC 69146 b
1		(4.1) Except as provided in paragraph (4.7) of this
2		subsection (a), the rules and regulations shall also provide
3		that an additional 90 days of sentence credit shall be awarded
4		to any prisoner who passes high school equivalency testing
5		while the prisoner is committed to the Department of
6		Corrections. The sentence credit awarded under this paragraph
7		(4.1) shall be in addition to, and shall not affect, the award
8		of sentence credit under any other paragraph of this Section,
9		but shall also be pursuant to the guidelines and restrictions
10		set forth in paragraph (4) of subsection (a) of this Section.
11		The sentence credit provided for in this paragraph shall be
12		available only to those prisoners who have not previously
13		earned a high school diploma or a State of Illinois High School
14		Diploma. If, after an award of the high school equivalency
15		testing sentence credit has been made, the Department
16		determines that the prisoner was not eligible, then the award
17		shall be revoked. The Department may also award 90 days of
18		sentence credit to any committed person who passed high school
19		equivalency testing while he or she was held in pre-trial
20		detention prior to the current commitment to the Department of
21		Corrections. Except as provided in paragraph (4.7) of this
22		subsection (a), the rules and regulations shall provide that
23		an additional 120 days of sentence credit shall be awarded to
24		any prisoner who obtains an associate degree while the
25		prisoner is committed to the Department of Corrections,
26		regardless of the date that the associate degree was obtained,

HB4844 Engrossed - 1961 - LRB103 39009 AMC 69146 b
1		including if prior to July 1, 2021 (the effective date of
2		Public Act 101-652). The sentence credit awarded under this
3		paragraph (4.1) shall be in addition to, and shall not affect,
4		the award of sentence credit under any other paragraph of this
5		Section, but shall also be under the guidelines and
6		restrictions set forth in paragraph (4) of subsection (a) of
7		this Section. The sentence credit provided for in this
8		paragraph (4.1) shall be available only to those prisoners who
9		have not previously earned an associate degree prior to the
10		current commitment to the Department of Corrections. If, after
11		an award of the associate degree sentence credit has been made
12		and the Department determines that the prisoner was not
13		eligible, then the award shall be revoked. The Department may
14		also award 120 days of sentence credit to any committed person
15		who earned an associate degree while he or she was held in
16		pre-trial detention prior to the current commitment to the
17		Department of Corrections.
18		Except as provided in paragraph (4.7) of this subsection
19		(a), the rules and regulations shall provide that an
20		additional 180 days of sentence credit shall be awarded to any
21		prisoner who obtains a bachelor's degree while the prisoner is
22		committed to the Department of Corrections. The sentence
23		credit awarded under this paragraph (4.1) shall be in addition
24		to, and shall not affect, the award of sentence credit under
25		any other paragraph of this Section, but shall also be under
26		the guidelines and restrictions set forth in paragraph (4) of

HB4844 Engrossed - 1962 - LRB103 39009 AMC 69146 b
1		this subsection (a). The sentence credit provided for in this
2		paragraph shall be available only to those prisoners who have
3		not earned a bachelor's degree prior to the current commitment
4		to the Department of Corrections. If, after an award of the
5		bachelor's degree sentence credit has been made, the
6		Department determines that the prisoner was not eligible, then
7		the award shall be revoked. The Department may also award 180
8		days of sentence credit to any committed person who earned a
9		bachelor's degree while he or she was held in pre-trial
10		detention prior to the current commitment to the Department of
11		Corrections.
12		Except as provided in paragraph (4.7) of this subsection
13		(a), the rules and regulations shall provide that an
14		additional 180 days of sentence credit shall be awarded to any
15		prisoner who obtains a master's or professional degree while
16		the prisoner is committed to the Department of Corrections.
17		The sentence credit awarded under this paragraph (4.1) shall
18		be in addition to, and shall not affect, the award of sentence
19		credit under any other paragraph of this Section, but shall
20		also be under the guidelines and restrictions set forth in
21		paragraph (4) of this subsection (a). The sentence credit
22		provided for in this paragraph shall be available only to
23		those prisoners who have not previously earned a master's or
24		professional degree prior to the current commitment to the
25		Department of Corrections. If, after an award of the master's
26		or professional degree sentence credit has been made, the

HB4844 Engrossed - 1963 - LRB103 39009 AMC 69146 b
1		Department determines that the prisoner was not eligible, then
2		the award shall be revoked. The Department may also award 180
3		days of sentence credit to any committed person who earned a
4		master's or professional degree while he or she was held in
5		pre-trial detention prior to the current commitment to the
6		Department of Corrections.
7		(4.2)(A) The rules and regulations shall also provide that
8		any prisoner engaged in self-improvement programs, volunteer
9		work, or work assignments that are not otherwise eligible
10		activities under paragraph (4), shall receive up to 0.5 days
11		of sentence credit for each day in which the prisoner is
12		engaged in activities described in this paragraph.
13		(B) The rules and regulations shall provide for the award
14		of sentence credit under this paragraph (4.2) for qualifying
15		days of engagement in eligible activities occurring prior to
16		July 1, 2021 (the effective date of Public Act 101-652).
17		(4.5) The rules and regulations on sentence credit shall
18		also provide that when the court's sentencing order recommends
19		a prisoner for substance abuse treatment and the crime was
20		committed on or after September 1, 2003 (the effective date of
21		Public Act 93-354), the prisoner shall receive no sentence
22		credit awarded under clause (3) of this subsection (a) unless
23		he or she participates in and completes a substance abuse
24		treatment program. The Director of Corrections may waive the
25		requirement to participate in or complete a substance abuse
26		treatment program in specific instances if the prisoner is not

HB4844 Engrossed - 1964 - LRB103 39009 AMC 69146 b
1		a good candidate for a substance abuse treatment program for
2		medical, programming, or operational reasons. Availability of
3		substance abuse treatment shall be subject to the limits of
4		fiscal resources appropriated by the General Assembly for
5		these purposes. If treatment is not available and the
6		requirement to participate and complete the treatment has not
7		been waived by the Director, the prisoner shall be placed on a
8		waiting list under criteria established by the Department. The
9		Director may allow a prisoner placed on a waiting list to
10		participate in and complete a substance abuse education class
11		or attend substance abuse self-help meetings in lieu of a
12		substance abuse treatment program. A prisoner on a waiting
13		list who is not placed in a substance abuse program prior to
14		release may be eligible for a waiver and receive sentence
15		credit under clause (3) of this subsection (a) at the
16		discretion of the Director.
17		(4.6) The rules and regulations on sentence credit shall
18		also provide that a prisoner who has been convicted of a sex
19		offense as defined in Section 2 of the Sex Offender
20		Registration Act shall receive no sentence credit unless he or
21		she either has successfully completed or is participating in
22		sex offender treatment as defined by the Sex Offender
23		Management Board. However, prisoners who are waiting to
24		receive treatment, but who are unable to do so due solely to
25		the lack of resources on the part of the Department, may, at
26		either Director's sole discretion, be awarded sentence credit

HB4844 Engrossed - 1965 - LRB103 39009 AMC 69146 b
1		at a rate as the Director shall determine.
2		(4.7) On or after January 1, 2018 (the effective date of
3		Public Act 100-3), sentence credit under paragraph (3), (4),
4		or (4.1) of this subsection (a) may be awarded to a prisoner
5		who is serving a sentence for an offense described in
6		paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned
7		on or after January 1, 2018 (the effective date of Public Act
8		100-3); provided, the award of the credits under this
9		paragraph (4.7) shall not reduce the sentence of the prisoner
10		to less than the following amounts:
11		(i) 85% of his or her sentence if the prisoner is
12		required to serve 85% of his or her sentence; or
13		(ii) 60% of his or her sentence if the prisoner is
14		required to serve 75% of his or her sentence, except if the
15		prisoner is serving a sentence for gunrunning his or her
16		sentence shall not be reduced to less than 75%.
17		(iii) 100% of his or her sentence if the prisoner is
18		required to serve 100% of his or her sentence.
19		(5) Whenever the Department is to release any inmate
20		earlier than it otherwise would because of a grant of earned
21		sentence credit under paragraph (3) of subsection (a) of this
22		Section given at any time during the term, the Department
23		shall give reasonable notice of the impending release not less
24		than 14 days prior to the date of the release to the State's
25		Attorney of the county where the prosecution of the inmate
26		took place, and if applicable, the State's Attorney of the

HB4844 Engrossed - 1966 - LRB103 39009 AMC 69146 b
1		county into which the inmate will be released. The Department
2		must also make identification information and a recent photo
3		of the inmate being released accessible on the Internet by
4		means of a hyperlink labeled "Community Notification of Inmate
5		Early Release" on the Department's World Wide Web homepage.
6		The identification information shall include the inmate's:
7		name, any known alias, date of birth, physical
8		characteristics, commitment offense, and county where
9		conviction was imposed. The identification information shall
10		be placed on the website within 3 days of the inmate's release
11		and the information may not be removed until either:
12		completion of the first year of mandatory supervised release
13		or return of the inmate to custody of the Department.
14		(b) Whenever a person is or has been committed under
15		several convictions, with separate sentences, the sentences
16		shall be construed under Section 5-8-4 in granting and
17		forfeiting of sentence credit.
18		(c) (1) The Department shall prescribe rules and
19		regulations for revoking sentence credit, including revoking
20		sentence credit awarded under paragraph (3) of subsection (a)
21		of this Section. The Department shall prescribe rules and
22		regulations establishing and requiring the use of a sanctions
23		matrix for revoking sentence credit. The Department shall
24		prescribe rules and regulations for suspending or reducing the
25		rate of accumulation of sentence credit for specific rule
26		violations, during imprisonment. These rules and regulations

HB4844 Engrossed - 1967 - LRB103 39009 AMC 69146 b
1		shall provide that no inmate may be penalized more than one
2		year of sentence credit for any one infraction.
3		(2) When the Department seeks to revoke, suspend, or
4		reduce the rate of accumulation of any sentence credits for an
5		alleged infraction of its rules, it shall bring charges
6		therefor against the prisoner sought to be so deprived of
7		sentence credits before the Prisoner Review Board as provided
8		in subparagraph (a)(4) of Section 3-3-2 of this Code, if the
9		amount of credit at issue exceeds 30 days, whether from one
10		infraction or cumulatively from multiple infractions arising
11		out of a single event, or when, during any 12-month period, the
12		cumulative amount of credit revoked exceeds 30 days except
13		where the infraction is committed or discovered within 60 days
14		of scheduled release. In those cases, the Department of
15		Corrections may revoke up to 30 days of sentence credit. The
16		Board may subsequently approve the revocation of additional
17		sentence credit, if the Department seeks to revoke sentence
18		credit in excess of 30 days. However, the Board shall not be
19		empowered to review the Department's decision with respect to
20		the loss of 30 days of sentence credit within any calendar year
21		for any prisoner or to increase any penalty beyond the length
22		requested by the Department.
23		(3) The Director of Corrections or the Director of
24		Juvenile Justice, in appropriate cases, may restore sentence
25		credits which have been revoked, suspended, or reduced. The
26		Department shall prescribe rules and regulations governing the

HB4844 Engrossed - 1968 - LRB103 39009 AMC 69146 b
1		restoration of sentence credits. These rules and regulations
2		shall provide for the automatic restoration of sentence
3		credits following a period in which the prisoner maintains a
4		record without a disciplinary violation.
5		Nothing contained in this Section shall prohibit the
6		Prisoner Review Board from ordering, pursuant to Section
7		3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
8		sentence imposed by the court that was not served due to the
9		accumulation of sentence credit.
10		(d) If a lawsuit is filed by a prisoner in an Illinois or
11		federal court against the State, the Department of
12		Corrections, or the Prisoner Review Board, or against any of
13		their officers or employees, and the court makes a specific
14		finding that a pleading, motion, or other paper filed by the
15		prisoner is frivolous, the Department of Corrections shall
16		conduct a hearing to revoke up to 180 days of sentence credit
17		by bringing charges against the prisoner sought to be deprived
18		of the sentence credits before the Prisoner Review Board as
19		provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
20		If the prisoner has not accumulated 180 days of sentence
21		credit at the time of the finding, then the Prisoner Review
22		Board may revoke all sentence credit accumulated by the
23		prisoner.
24		For purposes of this subsection (d):
25		(1) "Frivolous" means that a pleading, motion, or
26		other filing which purports to be a legal document filed

HB4844 Engrossed - 1969 - LRB103 39009 AMC 69146 b
1		by a prisoner in his or her lawsuit meets any or all of the
2		following criteria:
3		(A) it lacks an arguable basis either in law or in
4		fact;
5		(B) it is being presented for any improper
6		purpose, such as to harass or to cause unnecessary
7		delay or needless increase in the cost of litigation;
8		(C) the claims, defenses, and other legal
9		contentions therein are not warranted by existing law
10		or by a nonfrivolous argument for the extension,
11		modification, or reversal of existing law or the
12		establishment of new law;
13		(D) the allegations and other factual contentions
14		do not have evidentiary support or, if specifically so
15		identified, are not likely to have evidentiary support
16		after a reasonable opportunity for further
17		investigation or discovery; or
18		(E) the denials of factual contentions are not
19		warranted on the evidence, or if specifically so
20		identified, are not reasonably based on a lack of
21		information or belief.
22		(2) "Lawsuit" means a motion pursuant to Section 116-3
23		of the Code of Criminal Procedure of 1963, a habeas corpus
24		action under Article X of the Code of Civil Procedure or
25		under federal law (28 U.S.C. 2254), a petition for claim
26		under the Court of Claims Act, an action under the federal

HB4844 Engrossed - 1970 - LRB103 39009 AMC 69146 b
1		Civil Rights Act (42 U.S.C. 1983), or a second or
2		subsequent petition for post-conviction relief under
3		Article 122 of the Code of Criminal Procedure of 1963
4		whether filed with or without leave of court or a second or
5		subsequent petition for relief from judgment under Section
6		2-1401 of the Code of Civil Procedure.
7		(e) Nothing in Public Act 90-592 or 90-593 affects the
8		validity of Public Act 89-404.
9		(f) Whenever the Department is to release any inmate who
10		has been convicted of a violation of an order of protection
11		under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
12		the Criminal Code of 2012, earlier than it otherwise would
13		because of a grant of sentence credit, the Department, as a
14		condition of release, shall require that the person, upon
15		release, be placed under electronic surveillance as provided
16		in Section 5-8A-7 of this Code.
17		(Source: P.A. 102-28, eff. 6-25-21; 102-558, eff. 8-20-21;
18		102-784, eff. 5-13-22; 102-1100, eff. 1-1-23; 103-51, eff.
19		1-1-24; 103-154, eff. 6-30-23; 103-330, eff. 1-1-24; revised
20		12-15-23.)
21		(730 ILCS 5/3-8-10) (from Ch. 38, par. 1003-8-10)
22		Sec. 3-8-10. Intrastate detainers. Subsections Subsection
23		(b), (c), and (e) of Section 103-5 of the Code of Criminal
24		Procedure of 1963 shall also apply to persons committed to any
25		institution or facility or program of the Illinois Department

HB4844 Engrossed - 1971 - LRB103 39009 AMC 69146 b
1		of Corrections who have untried complaints, charges or
2		indictments pending in any county of this State, and such
3		person shall include in the demand under subsection (b), a
4		statement of the place of present commitment, the term, and
5		length of the remaining term, the charges pending against him
6		or her to be tried and the county of the charges, and the
7		demand shall be addressed to the state's attorney of the
8		county where he or she is charged with a copy to the clerk of
9		that court and a copy to the chief administrative officer of
10		the Department of Corrections institution or facility to which
11		he or she is committed. The state's attorney shall then
12		procure the presence of the defendant for trial in his county
13		by habeas corpus. Additional time may be granted by the court
14		for the process of bringing and serving an order of habeas
15		corpus ad prosequendum. In the event that the person is not
16		brought to trial within the allotted time, then the charge for
17		which he or she has requested a speedy trial shall be
18		dismissed. The provisions of this Section do not apply to
19		persons no longer committed to a facility or program of the
20		Illinois Department of Corrections. A person serving a period
21		of parole or mandatory supervised release under the
22		supervision of the Department of Corrections, for the purpose
23		of this Section, shall not be deemed to be committed to the
24		Department.
25		(Source: P.A. 103-51, eff. 1-1-24; revised 1-2-24.)

HB4844 Engrossed - 1972 - LRB103 39009 AMC 69146 b
1		(730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
2		Sec. 5-4-1. Sentencing hearing.
3		(a) After a determination of guilt, a hearing shall be
4		held to impose the sentence. However, prior to the imposition
5		of sentence on an individual being sentenced for an offense
6		based upon a charge for a violation of Section 11-501 of the
7		Illinois Vehicle Code or a similar provision of a local
8		ordinance, the individual must undergo a professional
9		evaluation to determine if an alcohol or other drug abuse
10		problem exists and the extent of such a problem. Programs
11		conducting these evaluations shall be licensed by the
12		Department of Human Services. However, if the individual is
13		not a resident of Illinois, the court may, in its discretion,
14		accept an evaluation from a program in the state of such
15		individual's residence. The court shall make a specific
16		finding about whether the defendant is eligible for
17		participation in a Department impact incarceration program as
18		provided in Section 5-8-1.1 or 5-8-1.3, and if not, provide an
19		explanation as to why a sentence to impact incarceration is
20		not an appropriate sentence. The court may in its sentencing
21		order recommend a defendant for placement in a Department of
22		Corrections substance abuse treatment program as provided in
23		paragraph (a) of subsection (1) of Section 3-2-2 conditioned
24		upon the defendant being accepted in a program by the
25		Department of Corrections. At the hearing the court shall:
26		(1) consider the evidence, if any, received upon the

HB4844 Engrossed - 1973 - LRB103 39009 AMC 69146 b
1		trial;
2		(2) consider any presentence reports;
3		(3) consider the financial impact of incarceration
4		based on the financial impact statement filed with the
5		clerk of the court by the Department of Corrections;
6		(4) consider evidence and information offered by the
7		parties in aggravation and mitigation;
8		(4.5) consider substance abuse treatment, eligibility
9		screening, and an assessment, if any, of the defendant by
10		an agent designated by the State of Illinois to provide
11		assessment services for the Illinois courts;
12		(5) hear arguments as to sentencing alternatives;
13		(6) afford the defendant the opportunity to make a
14		statement in his own behalf;
15		(7) afford the victim of a violent crime or a
16		violation of Section 11-501 of the Illinois Vehicle Code,
17		or a similar provision of a local ordinance, the
18		opportunity to present an oral or written statement, as
19		guaranteed by Article I, Section 8.1 of the Illinois
20		Constitution and provided in Section 6 of the Rights of
21		Crime Victims and Witnesses Act. The court shall allow a
22		victim to make an oral statement if the victim is present
23		in the courtroom and requests to make an oral or written
24		statement. An oral or written statement includes the
25		victim or a representative of the victim reading the
26		written statement. The court may allow persons impacted by

HB4844 Engrossed - 1974 - LRB103 39009 AMC 69146 b
1		the crime who are not victims under subsection (a) of
2		Section 3 of the Rights of Crime Victims and Witnesses Act
3		to present an oral or written statement. A victim and any
4		person making an oral statement shall not be put under
5		oath or subject to cross-examination. All statements
6		offered under this paragraph (7) shall become part of the
7		record of the court. In this paragraph (7), "victim of a
8		violent crime" means a person who is a victim of a violent
9		crime for which the defendant has been convicted after a
10		bench or jury trial or a person who is the victim of a
11		violent crime with which the defendant was charged and the
12		defendant has been convicted under a plea agreement of a
13		crime that is not a violent crime as defined in subsection
14		(c) of 3 of the Rights of Crime Victims and Witnesses Act;
15		(7.5) afford a qualified person affected by: (i) a
16		violation of Section 405, 405.1, 405.2, or 407 of the
17		Illinois Controlled Substances Act or a violation of
18		Section 55 or Section 65 of the Methamphetamine Control
19		and Community Protection Act; or (ii) a Class 4 felony
20		violation of Section 11-14, 11-14.3 except as described in
21		subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18,
22		11-18.1, or 11-19 of the Criminal Code of 1961 or the
23		Criminal Code of 2012, committed by the defendant the
24		opportunity to make a statement concerning the impact on
25		the qualified person and to offer evidence in aggravation
26		or mitigation; provided that the statement and evidence

HB4844 Engrossed - 1975 - LRB103 39009 AMC 69146 b
1		offered in aggravation or mitigation shall first be
2		prepared in writing in conjunction with the State's
3		Attorney before it may be presented orally at the hearing.
4		Sworn testimony offered by the qualified person is subject
5		to the defendant's right to cross-examine. All statements
6		and evidence offered under this paragraph (7.5) shall
7		become part of the record of the court. In this paragraph
8		(7.5), "qualified person" means any person who: (i) lived
9		or worked within the territorial jurisdiction where the
10		offense took place when the offense took place; or (ii) is
11		familiar with various public places within the territorial
12		jurisdiction where the offense took place when the offense
13		took place. "Qualified person" includes any peace officer
14		or any member of any duly organized State, county, or
15		municipal peace officer unit assigned to the territorial
16		jurisdiction where the offense took place when the offense
17		took place;
18		(8) in cases of reckless homicide afford the victim's
19		spouse, guardians, parents or other immediate family
20		members an opportunity to make oral statements;
21		(9) in cases involving a felony sex offense as defined
22		under the Sex Offender Management Board Act, consider the
23		results of the sex offender evaluation conducted pursuant
24		to Section 5-3-2 of this Act; and
25		(10) make a finding of whether a motor vehicle was
26		used in the commission of the offense for which the

HB4844 Engrossed - 1976 - LRB103 39009 AMC 69146 b
1		defendant is being sentenced.
2		(b) All sentences shall be imposed by the judge based upon
3		his independent assessment of the elements specified above and
4		any agreement as to sentence reached by the parties. The judge
5		who presided at the trial or the judge who accepted the plea of
6		guilty shall impose the sentence unless he is no longer
7		sitting as a judge in that court. Where the judge does not
8		impose sentence at the same time on all defendants who are
9		convicted as a result of being involved in the same offense,
10		the defendant or the State's Attorney may advise the
11		sentencing court of the disposition of any other defendants
12		who have been sentenced.
13		(b-1) In imposing a sentence of imprisonment or periodic
14		imprisonment for a Class 3 or Class 4 felony for which a
15		sentence of probation or conditional discharge is an available
16		sentence, if the defendant has no prior sentence of probation
17		or conditional discharge and no prior conviction for a violent
18		crime, the defendant shall not be sentenced to imprisonment
19		before review and consideration of a presentence report and
20		determination and explanation of why the particular evidence,
21		information, factor in aggravation, factual finding, or other
22		reasons support a sentencing determination that one or more of
23		the factors under subsection (a) of Section 5-6-1 of this Code
24		apply and that probation or conditional discharge is not an
25		appropriate sentence.
26		(c) In imposing a sentence for a violent crime or for an

HB4844 Engrossed - 1977 - LRB103 39009 AMC 69146 b
1		offense of operating or being in physical control of a vehicle
2		while under the influence of alcohol, any other drug or any
3		combination thereof, or a similar provision of a local
4		ordinance, when such offense resulted in the personal injury
5		to someone other than the defendant, the trial judge shall
6		specify on the record the particular evidence, information,
7		factors in mitigation and aggravation or other reasons that
8		led to his sentencing determination. The full verbatim record
9		of the sentencing hearing shall be filed with the clerk of the
10		court and shall be a public record.
11		(c-1) In imposing a sentence for the offense of aggravated
12		kidnapping for ransom, home invasion, armed robbery,
13		aggravated vehicular hijacking, aggravated discharge of a
14		firearm, or armed violence with a category I weapon or
15		category II weapon, the trial judge shall make a finding as to
16		whether the conduct leading to conviction for the offense
17		resulted in great bodily harm to a victim, and shall enter that
18		finding and the basis for that finding in the record.
19		(c-1.5) Notwithstanding any other provision of law to the
20		contrary, in imposing a sentence for an offense that requires
21		a mandatory minimum sentence of imprisonment, the court may
22		instead sentence the offender to probation, conditional
23		discharge, or a lesser term of imprisonment it deems
24		appropriate if: (1) the offense involves the use or possession
25		of drugs, retail theft, or driving on a revoked license due to
26		unpaid financial obligations; (2) the court finds that the

HB4844 Engrossed - 1978 - LRB103 39009 AMC 69146 b
1		defendant does not pose a risk to public safety; and (3) the
2		interest of justice requires imposing a term of probation,
3		conditional discharge, or a lesser term of imprisonment. The
4		court must state on the record its reasons for imposing
5		probation, conditional discharge, or a lesser term of
6		imprisonment.
7		(c-2) If the defendant is sentenced to prison, other than
8		when a sentence of natural life imprisonment is imposed, at
9		the time the sentence is imposed the judge shall state on the
10		record in open court the approximate period of time the
11		defendant will serve in custody according to the then current
12		statutory rules and regulations for sentence credit found in
13		Section 3-6-3 and other related provisions of this Code. This
14		statement is intended solely to inform the public, has no
15		legal effect on the defendant's actual release, and may not be
16		relied on by the defendant on appeal.
17		The judge's statement, to be given after pronouncing the
18		sentence, other than when the sentence is imposed for one of
19		the offenses enumerated in paragraph (a)(4) of Section 3-6-3,
20		shall include the following:
21		"The purpose of this statement is to inform the public of
22		the actual period of time this defendant is likely to spend in
23		prison as a result of this sentence. The actual period of
24		prison time served is determined by the statutes of Illinois
25		as applied to this sentence by the Illinois Department of
26		Corrections and the Illinois Prisoner Review Board. In this

HB4844 Engrossed - 1979 - LRB103 39009 AMC 69146 b
1		case, assuming the defendant receives all of his or her
2		sentence credit, the period of estimated actual custody is ...
3		years and ... months, less up to 180 days additional earned
4		sentence credit. If the defendant, because of his or her own
5		misconduct or failure to comply with the institutional
6		regulations, does not receive those credits, the actual time
7		served in prison will be longer. The defendant may also
8		receive an additional one-half day sentence credit for each
9		day of participation in vocational, industry, substance abuse,
10		and educational programs as provided for by Illinois statute."
11		When the sentence is imposed for one of the offenses
12		enumerated in paragraph (a)(2) of Section 3-6-3, other than
13		first degree murder, and the offense was committed on or after
14		June 19, 1998, and when the sentence is imposed for reckless
15		homicide as defined in subsection (e) of Section 9-3 of the
16		Criminal Code of 1961 or the Criminal Code of 2012 if the
17		offense was committed on or after January 1, 1999, and when the
18		sentence is imposed for aggravated driving under the influence
19		of alcohol, other drug or drugs, or intoxicating compound or
20		compounds, or any combination thereof as defined in
21		subparagraph (F) of paragraph (1) of subsection (d) of Section
22		11-501 of the Illinois Vehicle Code, and when the sentence is
23		imposed for aggravated arson if the offense was committed on
24		or after July 27, 2001 (the effective date of Public Act
25		92-176), and when the sentence is imposed for aggravated
26		driving under the influence of alcohol, other drug or drugs,

HB4844 Engrossed - 1980 - LRB103 39009 AMC 69146 b
1		or intoxicating compound or compounds, or any combination
2		thereof as defined in subparagraph (C) of paragraph (1) of
3		subsection (d) of Section 11-501 of the Illinois Vehicle Code
4		committed on or after January 1, 2011 (the effective date of
5		Public Act 96-1230), the judge's statement, to be given after
6		pronouncing the sentence, shall include the following:
7		"The purpose of this statement is to inform the public of
8		the actual period of time this defendant is likely to spend in
9		prison as a result of this sentence. The actual period of
10		prison time served is determined by the statutes of Illinois
11		as applied to this sentence by the Illinois Department of
12		Corrections and the Illinois Prisoner Review Board. In this
13		case, the defendant is entitled to no more than 4 1/2 days of
14		sentence credit for each month of his or her sentence of
15		imprisonment. Therefore, this defendant will serve at least
16		85% of his or her sentence. Assuming the defendant receives 4
17		1/2 days credit for each month of his or her sentence, the
18		period of estimated actual custody is ... years and ...
19		months. If the defendant, because of his or her own misconduct
20		or failure to comply with the institutional regulations
21		receives lesser credit, the actual time served in prison will
22		be longer."
23		When a sentence of imprisonment is imposed for first
24		degree murder and the offense was committed on or after June
25		19, 1998, the judge's statement, to be given after pronouncing
26		the sentence, shall include the following:

HB4844 Engrossed - 1981 - LRB103 39009 AMC 69146 b
1		"The purpose of this statement is to inform the public of
2		the actual period of time this defendant is likely to spend in
3		prison as a result of this sentence. The actual period of
4		prison time served is determined by the statutes of Illinois
5		as applied to this sentence by the Illinois Department of
6		Corrections and the Illinois Prisoner Review Board. In this
7		case, the defendant is not entitled to sentence credit.
8		Therefore, this defendant will serve 100% of his or her
9		sentence."
10		When the sentencing order recommends placement in a
11		substance abuse program for any offense that results in
12		incarceration in a Department of Corrections facility and the
13		crime was committed on or after September 1, 2003 (the
14		effective date of Public Act 93-354), the judge's statement,
15		in addition to any other judge's statement required under this
16		Section, to be given after pronouncing the sentence, shall
17		include the following:
18		"The purpose of this statement is to inform the public of
19		the actual period of time this defendant is likely to spend in
20		prison as a result of this sentence. The actual period of
21		prison time served is determined by the statutes of Illinois
22		as applied to this sentence by the Illinois Department of
23		Corrections and the Illinois Prisoner Review Board. In this
24		case, the defendant shall receive no earned sentence credit
25		under clause (3) of subsection (a) of Section 3-6-3 until he or
26		she participates in and completes a substance abuse treatment

HB4844 Engrossed - 1982 - LRB103 39009 AMC 69146 b
1		program or receives a waiver from the Director of Corrections
2		pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
3		(c-4) Before the sentencing hearing and as part of the
4		presentence investigation under Section 5-3-1, the court shall
5		inquire of the defendant whether the defendant is currently
6		serving in or is a veteran of the Armed Forces of the United
7		States. If the defendant is currently serving in the Armed
8		Forces of the United States or is a veteran of the Armed Forces
9		of the United States and has been diagnosed as having a mental
10		illness by a qualified psychiatrist or clinical psychologist
11		or physician, the court may:
12		(1) order that the officer preparing the presentence
13		report consult with the United States Department of
14		Veterans Affairs, Illinois Department of Veterans'
15		Affairs, or another agency or person with suitable
16		knowledge or experience for the purpose of providing the
17		court with information regarding treatment options
18		available to the defendant, including federal, State, and
19		local programming; and
20		(2) consider the treatment recommendations of any
21		diagnosing or treating mental health professionals
22		together with the treatment options available to the
23		defendant in imposing sentence.
24		For the purposes of this subsection (c-4), "qualified
25		psychiatrist" means a reputable physician licensed in Illinois
26		to practice medicine in all its branches, who has specialized

HB4844 Engrossed - 1983 - LRB103 39009 AMC 69146 b
1		in the diagnosis and treatment of mental and nervous disorders
2		for a period of not less than 5 years.
3		(c-6) In imposing a sentence, the trial judge shall
4		specify, on the record, the particular evidence and other
5		reasons which led to his or her determination that a motor
6		vehicle was used in the commission of the offense.
7		(c-7) In imposing a sentence for a Class 3 or 4 felony,
8		other than a violent crime as defined in Section 3 of the
9		Rights of Crime Victims and Witnesses Act, the court shall
10		determine and indicate in the sentencing order whether the
11		defendant has 4 or more or fewer than 4 months remaining on his
12		or her sentence accounting for time served.
13		(d) When the defendant is committed to the Department of
14		Corrections, the State's Attorney shall and counsel for the
15		defendant may file a statement with the clerk of the court to
16		be transmitted to the department, agency or institution to
17		which the defendant is committed to furnish such department,
18		agency or institution with the facts and circumstances of the
19		offense for which the person was committed together with all
20		other factual information accessible to them in regard to the
21		person prior to his commitment relative to his habits,
22		associates, disposition and reputation and any other facts and
23		circumstances which may aid such department, agency or
24		institution during its custody of such person. The clerk shall
25		within 10 days after receiving any such statements transmit a
26		copy to such department, agency or institution and a copy to

HB4844 Engrossed - 1984 - LRB103 39009 AMC 69146 b
1		the other party, provided, however, that this shall not be
2		cause for delay in conveying the person to the department,
3		agency or institution to which he has been committed.
4		(e) The clerk of the court shall transmit to the
5		department, agency or institution, if any, to which the
6		defendant is committed, the following:
7		(1) the sentence imposed;
8		(2) any statement by the court of the basis for
9		imposing the sentence;
10		(3) any presentence reports;
11		(3.3) the person's last known complete street address
12		prior to incarceration or legal residence, the person's
13		race, whether the person is of Hispanic or Latino origin,
14		and whether the person is 18 years of age or older;
15		(3.5) any sex offender evaluations;
16		(3.6) any substance abuse treatment eligibility
17		screening and assessment of the defendant by an agent
18		designated by the State of Illinois to provide assessment
19		services for the Illinois courts;
20		(4) the number of days, if any, which the defendant
21		has been in custody and for which he is entitled to credit
22		against the sentence, which information shall be provided
23		to the clerk by the sheriff;
24		(4.1) any finding of great bodily harm made by the
25		court with respect to an offense enumerated in subsection
26		(c-1);

HB4844 Engrossed - 1985 - LRB103 39009 AMC 69146 b
1		(5) all statements filed under subsection (d) of this
2		Section;
3		(6) any medical or mental health records or summaries
4		of the defendant;
5		(7) the municipality where the arrest of the offender
6		or the commission of the offense has occurred, where such
7		municipality has a population of more than 25,000 persons;
8		(8) all statements made and evidence offered under
9		paragraph (7) of subsection (a) of this Section; and
10		(9) all additional matters which the court directs the
11		clerk to transmit.
12		(f) In cases in which the court finds that a motor vehicle
13		was used in the commission of the offense for which the
14		defendant is being sentenced, the clerk of the court shall,
15		within 5 days thereafter, forward a report of such conviction
16		to the Secretary of State.
17		(Source: P.A. 102-813, eff. 5-13-22; 103-18, eff. 1-1-24;
18		103-51, eff. 1-1-24; revised 12-15-23.)
19		(730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
20		Sec. 5-4-3. Specimens; genetic marker groups.
21		(a) Any person convicted of, found guilty under the
22		Juvenile Court Act of 1987 for, or who received a disposition
23		of court supervision for, a qualifying offense or attempt of a
24		qualifying offense, convicted or found guilty of any offense
25		classified as a felony under Illinois law, convicted or found

HB4844 Engrossed - 1986 - LRB103 39009 AMC 69146 b
1		guilty of any offense requiring registration under the Sex
2		Offender Registration Act, found guilty or given supervision
3		for any offense classified as a felony under the Juvenile
4		Court Act of 1987, convicted or found guilty of, under the
5		Juvenile Court Act of 1987, any offense requiring registration
6		under the Sex Offender Registration Act, or institutionalized
7		as a sexually dangerous person under the Sexually Dangerous
8		Persons Act, or committed as a sexually violent person under
9		the Sexually Violent Persons Commitment Act shall, regardless
10		of the sentence or disposition imposed, be required to submit
11		specimens of blood, saliva, or tissue to the Illinois State
12		Police in accordance with the provisions of this Section,
13		provided such person is:
14		(1) convicted of a qualifying offense or attempt of a
15		qualifying offense on or after July 1, 1990 and sentenced
16		to a term of imprisonment, periodic imprisonment, fine,
17		probation, conditional discharge or any other form of
18		sentence, or given a disposition of court supervision for
19		the offense;
20		(1.5) found guilty or given supervision under the
21		Juvenile Court Act of 1987 for a qualifying offense or
22		attempt of a qualifying offense on or after January 1,
23		1997;
24		(2) ordered institutionalized as a sexually dangerous
25		person on or after July 1, 1990;
26		(3) convicted of a qualifying offense or attempt of a

HB4844 Engrossed - 1987 - LRB103 39009 AMC 69146 b
1		qualifying offense before July 1, 1990 and is presently
2		confined as a result of such conviction in any State
3		correctional facility or county jail or is presently
4		serving a sentence of probation, conditional discharge or
5		periodic imprisonment as a result of such conviction;
6		(3.5) convicted or found guilty of any offense
7		classified as a felony under Illinois law or found guilty
8		or given supervision for such an offense under the
9		Juvenile Court Act of 1987 on or after August 22, 2002;
10		(4) presently institutionalized as a sexually
11		dangerous person or presently institutionalized as a
12		person found guilty but mentally ill of a sexual offense
13		or attempt to commit a sexual offense; or
14		(4.5) ordered committed as a sexually violent person
15		on or after January 1, 1998 (the effective date of the
16		Sexually Violent Persons Commitment Act).
17		(a-1) Any person incarcerated in a facility of the
18		Illinois Department of Corrections or the Illinois Department
19		of Juvenile Justice on or after August 22, 2002, whether for a
20		term of years or natural life, who has not yet submitted a
21		specimen of blood, saliva, or tissue shall be required to
22		submit a specimen of blood, saliva, or tissue prior to his or
23		her final discharge, or release on parole, aftercare release,
24		or mandatory supervised release, as a condition of his or her
25		parole, aftercare release, or mandatory supervised release, or
26		within 6 months from August 13, 2009 (the effective date of

HB4844 Engrossed - 1988 - LRB103 39009 AMC 69146 b
1		Public Act 96-426), whichever is sooner. A person incarcerated
2		on or after August 13, 2009 (the effective date of Public Act
3		96-426) shall be required to submit a specimen within 45 days
4		of incarceration, or prior to his or her final discharge, or
5		release on parole, aftercare release, or mandatory supervised
6		release, as a condition of his or her parole, aftercare
7		release, or mandatory supervised release, whichever is sooner.
8		These specimens shall be placed into the State or national DNA
9		database, to be used in accordance with other provisions of
10		this Section, by the Illinois State Police.
11		(a-2) Any person sentenced to life imprisonment in a
12		facility of the Illinois Department of Corrections after June
13		13, 2005 (the effective date of Public Act 94-16) this
14		amendatory Act of the 94th General Assembly shall be required
15		to provide a specimen of blood, saliva, or tissue within 45
16		days after sentencing or disposition at a collection site
17		designated by the Illinois State Police. Any person serving a
18		sentence of life imprisonment in a facility of the Illinois
19		Department of Corrections on June 13, 2005 (the effective date
20		of Public Act 94-16) this amendatory Act of the 94th General
21		Assembly or any person who is under a sentence of death on June
22		13, 2005 (the effective date of Public Act 94-16) this
23		amendatory Act of the 94th General Assembly shall be required
24		to provide a specimen of blood, saliva, or tissue upon request
25		at a collection site designated by the Illinois State Police.
26		(a-3) Any person seeking transfer to or residency in

HB4844 Engrossed - 1989 - LRB103 39009 AMC 69146 b
1		Illinois under Sections 3-3-11.05 through 3-3-11.5 of this
2		Code, the Interstate Compact for Adult Offender Supervision,
3		or the Interstate Agreements on Sexually Dangerous Persons Act
4		shall be required to provide a specimen of blood, saliva, or
5		tissue within 45 days after transfer to or residency in
6		Illinois at a collection site designated by the Illinois State
7		Police.
8		(a-3.1) Any person required by an order of the court to
9		submit a DNA specimen shall be required to provide a specimen
10		of blood, saliva, or tissue within 45 days after the court
11		order at a collection site designated by the Illinois State
12		Police.
13		(a-3.2) On or after January 1, 2012 (the effective date of
14		Public Act 97-383), any person arrested for any of the
15		following offenses, after an indictment has been returned by a
16		grand jury, or following a hearing pursuant to Section 109-3
17		of the Code of Criminal Procedure of 1963 and a judge finds
18		there is probable cause to believe the arrestee has committed
19		one of the designated offenses, or an arrestee has waived a
20		preliminary hearing shall be required to provide a specimen of
21		blood, saliva, or tissue within 14 days after such indictment
22		or hearing at a collection site designated by the Illinois
23		State Police:
24		(A) first degree murder;
25		(B) home invasion;
26		(C) predatory criminal sexual assault of a child;

HB4844 Engrossed - 1990 - LRB103 39009 AMC 69146 b
1		(D) aggravated criminal sexual assault; or
2		(E) criminal sexual assault.
3		(a-3.3) Any person required to register as a sex offender
4		under the Sex Offender Registration Act, regardless of the
5		date of conviction as set forth in subsection (c-5.2) shall be
6		required to provide a specimen of blood, saliva, or tissue
7		within the time period prescribed in subsection (c-5.2) at a
8		collection site designated by the Illinois State Police.
9		(a-5) Any person who was otherwise convicted of or
10		received a disposition of court supervision for any other
11		offense under the Criminal Code of 1961 or the Criminal Code of
12		2012 or who was found guilty or given supervision for such a
13		violation under the Juvenile Court Act of 1987, may,
14		regardless of the sentence imposed, be required by an order of
15		the court to submit specimens of blood, saliva, or tissue to
16		the Illinois State Police in accordance with the provisions of
17		this Section.
18		(b) Any person required by paragraphs (a)(1), (a)(1.5),
19		(a)(2), (a)(3.5), and (a-5) to provide specimens of blood,
20		saliva, or tissue shall provide specimens of blood, saliva, or
21		tissue within 45 days after sentencing or disposition at a
22		collection site designated by the Illinois State Police.
23		(c) Any person required by paragraphs (a)(3), (a)(4), and
24		(a)(4.5) to provide specimens of blood, saliva, or tissue
25		shall be required to provide such specimens prior to final
26		discharge or within 6 months from August 13, 2009 (the

HB4844 Engrossed - 1991 - LRB103 39009 AMC 69146 b
1		effective date of Public Act 96-426), whichever is sooner.
2		These specimens shall be placed into the State or national DNA
3		database, to be used in accordance with other provisions of
4		this Act, by the Illinois State Police.
5		(c-5) Any person required by paragraph (a-3) to provide
6		specimens of blood, saliva, or tissue shall, where feasible,
7		be required to provide the specimens before being accepted for
8		conditioned residency in Illinois under the interstate compact
9		or agreement, but no later than 45 days after arrival in this
10		State.
11		(c-5.2) Unless it is determined that a registered sex
12		offender has previously submitted a specimen of blood, saliva,
13		or tissue that has been placed into the State DNA database, a
14		person registering as a sex offender shall be required to
15		submit a specimen at the time of his or her initial
16		registration pursuant to the Sex Offender Registration Act or,
17		for a person registered as a sex offender on or prior to
18		January 1, 2012 (the effective date of Public Act 97-383),
19		within one year of January 1, 2012 (the effective date of
20		Public Act 97-383) or at the time of his or her next required
21		registration.
22		(c-6) The Illinois State Police may determine which type
23		of specimen or specimens, blood, saliva, or tissue, is
24		acceptable for submission to the Division of Forensic Services
25		for analysis. The Illinois State Police may require the
26		submission of fingerprints from anyone required to give a

HB4844 Engrossed - 1992 - LRB103 39009 AMC 69146 b
1		specimen under this Act.
2		(d) The Illinois State Police shall provide all equipment
3		and instructions necessary for the collection of blood
4		specimens. The collection of specimens shall be performed in a
5		medically approved manner. Only a physician authorized to
6		practice medicine, a registered nurse or other qualified
7		person trained in venipuncture may withdraw blood for the
8		purposes of this Act. The specimens shall thereafter be
9		forwarded to the Illinois State Police, Division of Forensic
10		Services, for analysis and categorizing into genetic marker
11		groupings.
12		(d-1) The Illinois State Police shall provide all
13		equipment and instructions necessary for the collection of
14		saliva specimens. The collection of saliva specimens shall be
15		performed in a medically approved manner. Only a person
16		trained in the instructions promulgated by the Illinois State
17		Police on collecting saliva may collect saliva for the
18		purposes of this Section. The specimens shall thereafter be
19		forwarded to the Illinois State Police, Division of Forensic
20		Services, for analysis and categorizing into genetic marker
21		groupings.
22		(d-2) The Illinois State Police shall provide all
23		equipment and instructions necessary for the collection of
24		tissue specimens. The collection of tissue specimens shall be
25		performed in a medically approved manner. Only a person
26		trained in the instructions promulgated by the Illinois State

HB4844 Engrossed - 1993 - LRB103 39009 AMC 69146 b
1		Police on collecting tissue may collect tissue for the
2		purposes of this Section. The specimens shall thereafter be
3		forwarded to the Illinois State Police, Division of Forensic
4		Services, for analysis and categorizing into genetic marker
5		groupings.
6		(d-5) To the extent that funds are available, the Illinois
7		State Police shall contract with qualified personnel and
8		certified laboratories for the collection, analysis, and
9		categorization of known specimens, except as provided in
10		subsection (n) of this Section.
11		(d-6) Agencies designated by the Illinois State Police and
12		the Illinois State Police may contract with third parties to
13		provide for the collection or analysis of DNA, or both, of an
14		offender's blood, saliva, and tissue specimens, except as
15		provided in subsection (n) of this Section.
16		(e) The genetic marker groupings shall be maintained by
17		the Illinois State Police, Division of Forensic Services.
18		(f) The genetic marker grouping analysis information
19		obtained pursuant to this Act shall be confidential and shall
20		be released only to peace officers of the United States, of
21		other states or territories, of the insular possessions of the
22		United States, of foreign countries duly authorized to receive
23		the same, to all peace officers of the State of Illinois and to
24		all prosecutorial agencies, and to defense counsel as provided
25		by Section 116-5 of the Code of Criminal Procedure of 1963. The
26		genetic marker grouping analysis information obtained pursuant

HB4844 Engrossed - 1994 - LRB103 39009 AMC 69146 b
1		to this Act shall be used only for (i) valid law enforcement
2		identification purposes and as required by the Federal Bureau
3		of Investigation for participation in the National DNA
4		database, (ii) technology validation purposes, (iii) a
5		population statistics database, (iv) quality assurance
6		purposes if personally identifying information is removed, (v)
7		assisting in the defense of the criminally accused pursuant to
8		Section 116-5 of the Code of Criminal Procedure of 1963, or
9		(vi) identifying and assisting in the prosecution of a person
10		who is suspected of committing a sexual assault as defined in
11		Section 1a of the Sexual Assault Survivors Emergency Treatment
12		Act. Notwithstanding any other statutory provision to the
13		contrary, all information obtained under this Section shall be
14		maintained in a single State data base, which may be uploaded
15		into a national database, and which information may be subject
16		to expungement only as set forth in subsection (f-1).
17		(f-1) Upon receipt of notification of a reversal of a
18		conviction based on actual innocence, or of the granting of a
19		pardon pursuant to Section 12 of Article V of the Illinois
20		Constitution, if that pardon document specifically states that
21		the reason for the pardon is the actual innocence of an
22		individual whose DNA record has been stored in the State or
23		national DNA identification index in accordance with this
24		Section by the Illinois State Police, the DNA record shall be
25		expunged from the DNA identification index, and the Department
26		shall by rule prescribe procedures to ensure that the record

HB4844 Engrossed - 1995 - LRB103 39009 AMC 69146 b
1		and any specimens, analyses, or other documents relating to
2		such record, whether in the possession of the Department or
3		any law enforcement or police agency, or any forensic DNA
4		laboratory, including any duplicates or copies thereof, are
5		destroyed and a letter is sent to the court verifying the
6		expungement is completed. For specimens required to be
7		collected prior to conviction, unless the individual has other
8		charges or convictions that require submission of a specimen,
9		the DNA record for an individual shall be expunged from the DNA
10		identification databases and the specimen destroyed upon
11		receipt of a certified copy of a final court order for each
12		charge against an individual in which the charge has been
13		dismissed, resulted in acquittal, or that the charge was not
14		filed within the applicable time period. The Department shall
15		by rule prescribe procedures to ensure that the record and any
16		specimens in the possession or control of the Department are
17		destroyed and a letter is sent to the court verifying the
18		expungement is completed.
19		(f-5) Any person who intentionally uses genetic marker
20		grouping analysis information, or any other information
21		derived from a DNA specimen, beyond the authorized uses as
22		provided under this Section, or any other Illinois law, is
23		guilty of a Class 4 felony, and shall be subject to a fine of
24		not less than $5,000.
25		(f-6) The Illinois State Police may contract with third
26		parties for the purposes of implementing Public Act 93-216

HB4844 Engrossed - 1996 - LRB103 39009 AMC 69146 b
1		this amendatory Act of the 93rd General Assembly, except as
2		provided in subsection (n) of this Section. Any other party
3		contracting to carry out the functions of this Section shall
4		be subject to the same restrictions and requirements of this
5		Section insofar as applicable, as the Illinois State Police,
6		and to any additional restrictions imposed by the Illinois
7		State Police.
8		(g) For the purposes of this Section, "qualifying offense"
9		means any of the following:
10		(1) any violation or inchoate violation of Section
11		11-1.50, 11-1.60, 11-6, 11-9.1, 11-11, 11-18.1, 12-15, or
12		12-16 of the Criminal Code of 1961 or the Criminal Code of
13		2012;
14		(1.1) any violation or inchoate violation of Section
15		9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3,
16		18-4, 18-6, 19-1, 19-2, or 19-6 of the Criminal Code of
17		1961 or the Criminal Code of 2012 for which persons are
18		convicted on or after July 1, 2001;
19		(2) any former statute of this State which defined a
20		felony sexual offense;
21		(3) (blank);
22		(4) any inchoate violation of Section 9-3.1, 9-3.4,
23		11-9.3, 12-7.3, or 12-7.4 of the Criminal Code of 1961 or
24		the Criminal Code of 2012; or
25		(5) any violation or inchoate violation of Article 29D
26		of the Criminal Code of 1961 or the Criminal Code of 2012.

HB4844 Engrossed - 1997 - LRB103 39009 AMC 69146 b
1		(g-5) (Blank).
2		(h) The Illinois State Police shall be the State central
3		repository for all genetic marker grouping analysis
4		information obtained pursuant to this Act. The Illinois State
5		Police may promulgate rules for the form and manner of the
6		collection of blood, saliva, or tissue specimens and other
7		procedures for the operation of this Act. The provisions of
8		the Administrative Review Law shall apply to all actions taken
9		under the rules so promulgated.
10		(i)(1) A person required to provide a blood, saliva, or
11		tissue specimen shall cooperate with the collection of the
12		specimen and any deliberate act by that person intended to
13		impede, delay or stop the collection of the blood, saliva, or
14		tissue specimen is a Class 4 felony.
15		(2) In the event that a person's DNA specimen is not
16		adequate for any reason, the person shall provide another DNA
17		specimen for analysis. Duly authorized law enforcement and
18		corrections personnel may employ reasonable force in cases in
19		which an individual refuses to provide a DNA specimen required
20		under this Act.
21		(j) (Blank).
22		(k) All analysis and categorization assessments provided
23		under the Criminal and Traffic Assessment Assessments Act to
24		the State Crime Laboratory Fund shall be regulated as follows:
25		(1) (Blank).
26		(2) (Blank).

HB4844 Engrossed - 1998 - LRB103 39009 AMC 69146 b
1		(3) Moneys deposited into the State Crime Laboratory
2		Fund shall be used by Illinois State Police crime
3		laboratories as designated by the Director of the Illinois
4		State Police. These funds shall be in addition to any
5		allocations made pursuant to existing laws and shall be
6		designated for the exclusive use of State crime
7		laboratories. These uses may include, but are not limited
8		to, the following:
9		(A) Costs incurred in providing analysis and
10		genetic marker categorization as required by
11		subsection (d).
12		(B) Costs incurred in maintaining genetic marker
13		groupings as required by subsection (e).
14		(C) Costs incurred in the purchase and maintenance
15		of equipment for use in performing analyses.
16		(D) Costs incurred in continuing research and
17		development of new techniques for analysis and genetic
18		marker categorization.
19		(E) Costs incurred in continuing education,
20		training, and professional development of forensic
21		scientists regularly employed by these laboratories.
22		(l) The failure of a person to provide a specimen, or of
23		any person or agency to collect a specimen, shall in no way
24		alter the obligation of the person to submit such specimen, or
25		the authority of the Illinois State Police or persons
26		designated by the Illinois State Police to collect the

HB4844 Engrossed - 1999 - LRB103 39009 AMC 69146 b
1		specimen, or the authority of the Illinois State Police to
2		accept, analyze and maintain the specimen or to maintain or
3		upload results of genetic marker grouping analysis information
4		into a State or national database.
5		(m) If any provision of Public Act 93-216 this amendatory
6		Act of the 93rd General Assembly is held unconstitutional or
7		otherwise invalid, the remainder of Public Act 93-216 this
8		amendatory Act of the 93rd General Assembly is not affected.
9		(n) Neither the Illinois State Police, the Division of
10		Forensic Services, nor any laboratory of the Division of
11		Forensic Services may contract out forensic testing for the
12		purpose of an active investigation or a matter pending before
13		a court of competent jurisdiction without the written consent
14		of the prosecuting agency. For the purposes of this subsection
15		(n), "forensic testing" includes the analysis of physical
16		evidence in an investigation or other proceeding for the
17		prosecution of a violation of the Criminal Code of 1961 or the
18		Criminal Code of 2012 or for matters adjudicated under the
19		Juvenile Court Act of 1987, and includes the use of forensic
20		databases and databanks, including DNA, firearm, and
21		fingerprint databases, and expert testimony.
22		(o) Mistake does not invalidate a database match. The
23		detention, arrest, or conviction of a person based upon a
24		database match or database information is not invalidated if
25		it is determined that the specimen was obtained or placed in
26		the database by mistake.

HB4844 Engrossed - 2000 - LRB103 39009 AMC 69146 b
1		(p) This Section may be referred to as the Illinois DNA
2		Database Law of 2011.
3		(Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21;
4		103-51, eff. 1-1-24; revised 1-2-24.)
5		(730 ILCS 5/5-4.5-105)
6		Sec. 5-4.5-105. SENTENCING OF INDIVIDUALS UNDER THE AGE OF
7		18 AT THE TIME OF THE COMMISSION OF AN OFFENSE.
8		(a) On or after January 1, 2016 (the effective date of
9		Public Act 99-69) this amendatory Act of the 99th General
10		Assembly, when a person commits an offense and the person is
11		under 18 years of age at the time of the commission of the
12		offense, the court, at the sentencing hearing conducted under
13		Section 5-4-1, shall consider the following additional factors
14		in mitigation in determining the appropriate sentence:
15		(1) the person's age, impetuosity, and level of
16		maturity at the time of the offense, including the ability
17		to consider risks and consequences of behavior, and the
18		presence of cognitive or developmental disability, or
19		both, if any;
20		(2) whether the person was subjected to outside
21		pressure, including peer pressure, familial pressure, or
22		negative influences;
23		(3) the person's family, home environment, educational
24		and social background, including any history of parental
25		neglect, domestic or sexual violence, sexual exploitation,

HB4844 Engrossed - 2001 - LRB103 39009 AMC 69146 b
1		physical abuse, or other childhood trauma including
2		adverse childhood experiences (or ACEs);
3		(4) the person's potential for rehabilitation or
4		evidence of rehabilitation, or both;
5		(5) the circumstances of the offense;
6		(6) the person's degree of participation and specific
7		role in the offense, including the level of planning by
8		the defendant before the offense;
9		(7) whether the person was able to meaningfully
10		participate in his or her defense;
11		(8) the person's prior juvenile or criminal history;
12		(9) the person's involvement in the child welfare
13		system;
14		(10) involvement of the person in the community;
15		(11) if a comprehensive mental health evaluation of
16		the person was conducted by a qualified mental health
17		professional, the outcome of the evaluation; and
18		(12) 12 any other information the court finds relevant
19		and reliable, including an expression of remorse, if
20		appropriate. However, if the person, on advice of counsel
21		chooses not to make a statement, the court shall not
22		consider a lack of an expression of remorse as an
23		aggravating factor.
24		(b) The trial judge shall specify on the record its
25		consideration of the factors under subsection (a) of this
26		Section.

HB4844 Engrossed - 2002 - LRB103 39009 AMC 69146 b
1		(c) Notwithstanding any other provision of law, if the
2		court determines by clear and convincing evidence that the
3		individual against whom the person is convicted of committing
4		the offense previously committed a crime under Section 10-9,
5		Section 11-1.20, Section 11-1.30, Section 11-1.40, Section
6		11-1.50, Section 11-1.60, Section 11-6, Section 11-6.5,
7		Section 11-6.6, Section 11-9.1, Section 11-14.3, Section
8		11-14.4 or Section 11-18.1 of the under Criminal Code of 2012
9		against the person within 3 years before the offense in which
10		the person was convicted, the court may, in its discretion:
11		(1) transfer the person to juvenile court for
12		sentencing under Section 5-710 of the Juvenile Court Act
13		of 1987;
14		(2) depart from any mandatory minimum sentence,
15		maximum sentence, or sentencing enhancement; or
16		(3) suspend any portion of an otherwise applicable
17		sentence.
18		(d) Subsection (c) shall be construed as prioritizing the
19		successful treatment and rehabilitation of persons under 18
20		years of age who are sex crime victims who commit acts of
21		violence against their abusers. It is the General Assembly's
22		intent that these persons be viewed as victims and provided
23		treatment and services in the community and in the , juvenile
24		or family court system.
25		(e) Except as provided in subsections (f) and (g) (d), the
26		court may sentence the defendant to any disposition authorized

HB4844 Engrossed - 2003 - LRB103 39009 AMC 69146 b
1		for the class of the offense of which he or she was found
2		guilty as described in Article 4.5 of this Code, and may, in
3		its discretion, decline to impose any otherwise applicable
4		sentencing enhancement based upon firearm possession,
5		possession with personal discharge, or possession with
6		personal discharge that proximately causes great bodily harm,
7		permanent disability, permanent disfigurement, or death to
8		another person.
9		(f) Notwithstanding any other provision of law, if the
10		defendant is convicted of first degree murder and would
11		otherwise be subject to sentencing under clause (iii), (iv),
12		(v), or (vii) of subparagraph (c) of paragraph (1) of
13		subsection (a) of Section 5-8-1 of this Code based on the
14		category of persons identified therein, the court shall impose
15		a sentence of not less than 40 years of imprisonment, except
16		for persons convicted of first degree murder where subsection
17		(c) applies. In addition, the court may, in its discretion,
18		decline to impose the sentencing enhancements based upon the
19		possession or use of a firearm during the commission of the
20		offense included in subsection (d) of Section 5-8-1.
21		(g) (d) Fines and assessments, such as fees or
22		administrative costs, shall not be ordered or imposed against
23		a minor subject to this Code or against the minor's parent,
24		guardian, or legal custodian. For the purposes of this
25		subsection (g) this amendatory Act of the 103rd General
26		Assembly, "minor" has the meaning provided in Section 1-3 of

HB4844 Engrossed - 2004 - LRB103 39009 AMC 69146 b
1		the Juvenile Court Act of 1987 and includes any minor under the
2		age of 18 transferred to adult court or excluded from juvenile
3		court jurisdiction under Article V of the Juvenile Court Act
4		of 1987.
5		(Source: P.A. 103-191, eff. 1-1-24; 103-379, eff. 7-28-23;
6		revised 9-14-23.)
7		(730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
8		Sec. 5-6-3. Conditions of probation and of conditional
9		discharge.
10		(a) The conditions of probation and of conditional
11		discharge shall be that the person:
12		(1) not violate any criminal statute of any
13		jurisdiction;
14		(2) report to or appear in person before such person
15		or agency as directed by the court. To comply with the
16		provisions of this paragraph (2), in lieu of requiring the
17		person on probation or conditional discharge to appear in
18		person for the required reporting or meetings, the officer
19		may utilize technology, including cellular and other
20		electronic communication devices or platforms, that allow
21		for communication between the supervised person and the
22		officer in accordance with standards and guidelines
23		established by the Administrative Office of the Illinois
24		Courts;
25		(3) refrain from possessing a firearm or other

HB4844 Engrossed - 2005 - LRB103 39009 AMC 69146 b
1		dangerous weapon where the offense is a felony or, if a
2		misdemeanor, the offense involved the intentional or
3		knowing infliction of bodily harm or threat of bodily
4		harm;
5		(4) not leave the State without the consent of the
6		court or, in circumstances in which the reason for the
7		absence is of such an emergency nature that prior consent
8		by the court is not possible, without the prior
9		notification and approval of the person's probation
10		officer. Transfer of a person's probation or conditional
11		discharge supervision to another state is subject to
12		acceptance by the other state pursuant to the Interstate
13		Compact for Adult Offender Supervision;
14		(5) permit the probation officer to visit him at his
15		home or elsewhere to the extent necessary to discharge his
16		duties;
17		(6) perform no less than 30 hours of community service
18		and not more than 120 hours of community service, if
19		community service is available in the jurisdiction and is
20		funded and approved by the county board where the offense
21		was committed, where the offense was related to or in
22		furtherance of the criminal activities of an organized
23		gang and was motivated by the offender's membership in or
24		allegiance to an organized gang. The community service
25		shall include, but not be limited to, the cleanup and
26		repair of any damage caused by a violation of Section

HB4844 Engrossed - 2006 - LRB103 39009 AMC 69146 b
1		21-1.3 of the Criminal Code of 1961 or the Criminal Code of
2		2012 and similar damage to property located within the
3		municipality or county in which the violation occurred.
4		When possible and reasonable, the community service should
5		be performed in the offender's neighborhood. For purposes
6		of this Section, "organized gang" has the meaning ascribed
7		to it in Section 10 of the Illinois Streetgang Terrorism
8		Omnibus Prevention Act. The court may give credit toward
9		the fulfillment of community service hours for
10		participation in activities and treatment as determined by
11		court services. Community service shall not interfere with
12		the school hours, school-related activities, or work
13		commitments of the minor or the minor's parent, guardian,
14		or legal custodian;
15		(7) if he or she is at least 17 years of age and has
16		been sentenced to probation or conditional discharge for a
17		misdemeanor or felony in a county of 3,000,000 or more
18		inhabitants and has not been previously convicted of a
19		misdemeanor or felony, may be required by the sentencing
20		court to attend educational courses designed to prepare
21		the defendant for a high school diploma and to work toward
22		a high school diploma or to work toward passing high
23		school equivalency testing or to work toward completing a
24		vocational training program approved by the court. The
25		person on probation or conditional discharge must attend a
26		public institution of education to obtain the educational

HB4844 Engrossed - 2007 - LRB103 39009 AMC 69146 b
1		or vocational training required by this paragraph (7). The
2		court shall revoke the probation or conditional discharge
3		of a person who willfully fails to comply with this
4		paragraph (7). The person on probation or conditional
5		discharge shall be required to pay for the cost of the
6		educational courses or high school equivalency testing if
7		a fee is charged for those courses or testing. The court
8		shall resentence the offender whose probation or
9		conditional discharge has been revoked as provided in
10		Section 5-6-4. This paragraph (7) does not apply to a
11		person who has a high school diploma or has successfully
12		passed high school equivalency testing. This paragraph (7)
13		does not apply to a person who is determined by the court
14		to be a person with a developmental disability or
15		otherwise mentally incapable of completing the educational
16		or vocational program;
17		(8) if convicted of possession of a substance
18		prohibited by the Cannabis Control Act, the Illinois
19		Controlled Substances Act, or the Methamphetamine Control
20		and Community Protection Act after a previous conviction
21		or disposition of supervision for possession of a
22		substance prohibited by the Cannabis Control Act or
23		Illinois Controlled Substances Act or after a sentence of
24		probation under Section 10 of the Cannabis Control Act,
25		Section 410 of the Illinois Controlled Substances Act, or
26		Section 70 of the Methamphetamine Control and Community

HB4844 Engrossed - 2008 - LRB103 39009 AMC 69146 b
1		Protection Act and upon a finding by the court that the
2		person is addicted, undergo treatment at a substance abuse
3		program approved by the court;
4		(8.5) if convicted of a felony sex offense as defined
5		in the Sex Offender Management Board Act, the person shall
6		undergo and successfully complete sex offender treatment
7		by a treatment provider approved by the Board and
8		conducted in conformance with the standards developed
9		under the Sex Offender Management Board Act;
10		(8.6) if convicted of a sex offense as defined in the
11		Sex Offender Management Board Act, refrain from residing
12		at the same address or in the same condominium unit or
13		apartment unit or in the same condominium complex or
14		apartment complex with another person he or she knows or
15		reasonably should know is a convicted sex offender or has
16		been placed on supervision for a sex offense; the
17		provisions of this paragraph do not apply to a person
18		convicted of a sex offense who is placed in a Department of
19		Corrections licensed transitional housing facility for sex
20		offenders;
21		(8.7) if convicted for an offense committed on or
22		after June 1, 2008 (the effective date of Public Act
23		95-464) that would qualify the accused as a child sex
24		offender as defined in Section 11-9.3 or 11-9.4 of the
25		Criminal Code of 1961 or the Criminal Code of 2012,
26		refrain from communicating with or contacting, by means of

HB4844 Engrossed - 2009 - LRB103 39009 AMC 69146 b
1		the Internet, a person who is not related to the accused
2		and whom the accused reasonably believes to be under 18
3		years of age; for purposes of this paragraph (8.7),
4		"Internet" has the meaning ascribed to it in Section
5		16-0.1 of the Criminal Code of 2012; and a person is not
6		related to the accused if the person is not: (i) the
7		spouse, brother, or sister of the accused; (ii) a
8		descendant of the accused; (iii) a first or second cousin
9		of the accused; or (iv) a step-child or adopted child of
10		the accused;
11		(8.8) if convicted for an offense under Section 11-6,
12		11-9.1, 11-14.4 that involves soliciting for a juvenile
13		prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
14		of the Criminal Code of 1961 or the Criminal Code of 2012,
15		or any attempt to commit any of these offenses, committed
16		on or after June 1, 2009 (the effective date of Public Act
17		95-983):
18		(i) not access or use a computer or any other
19		device with Internet capability without the prior
20		written approval of the offender's probation officer,
21		except in connection with the offender's employment or
22		search for employment with the prior approval of the
23		offender's probation officer;
24		(ii) submit to periodic unannounced examinations
25		of the offender's computer or any other device with
26		Internet capability by the offender's probation

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1		officer, a law enforcement officer, or assigned
2		computer or information technology specialist,
3		including the retrieval and copying of all data from
4		the computer or device and any internal or external
5		peripherals and removal of such information,
6		equipment, or device to conduct a more thorough
7		inspection;
8		(iii) submit to the installation on the offender's
9		computer or device with Internet capability, at the
10		offender's expense, of one or more hardware or
11		software systems to monitor the Internet use; and
12		(iv) submit to any other appropriate restrictions
13		concerning the offender's use of or access to a
14		computer or any other device with Internet capability
15		imposed by the offender's probation officer;
16		(8.9) if convicted of a sex offense as defined in the
17		Sex Offender Registration Act committed on or after
18		January 1, 2010 (the effective date of Public Act 96-262),
19		refrain from accessing or using a social networking
20		website as defined in Section 17-0.5 of the Criminal Code
21		of 2012;
22		(9) if convicted of a felony or of any misdemeanor
23		violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or
24		12-3.5 of the Criminal Code of 1961 or the Criminal Code of
25		2012 that was determined, pursuant to Section 112A-11.1 of
26		the Code of Criminal Procedure of 1963, to trigger the

HB4844 Engrossed - 2011 - LRB103 39009 AMC 69146 b
1		prohibitions of 18 U.S.C. 922(g)(9), physically surrender
2		at a time and place designated by the court, his or her
3		Firearm Owner's Identification Card and any and all
4		firearms in his or her possession. The Court shall return
5		to the Illinois State Police Firearm Owner's
6		Identification Card Office the person's Firearm Owner's
7		Identification Card;
8		(10) if convicted of a sex offense as defined in
9		subsection (a-5) of Section 3-1-2 of this Code, unless the
10		offender is a parent or guardian of the person under 18
11		years of age present in the home and no non-familial
12		minors are present, not participate in a holiday event
13		involving children under 18 years of age, such as
14		distributing candy or other items to children on
15		Halloween, wearing a Santa Claus costume on or preceding
16		Christmas, being employed as a department store Santa
17		Claus, or wearing an Easter Bunny costume on or preceding
18		Easter;
19		(11) if convicted of a sex offense as defined in
20		Section 2 of the Sex Offender Registration Act committed
21		on or after January 1, 2010 (the effective date of Public
22		Act 96-362) that requires the person to register as a sex
23		offender under that Act, may not knowingly use any
24		computer scrub software on any computer that the sex
25		offender uses;
26		(12) if convicted of a violation of the

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1		Methamphetamine Control and Community Protection Act, the
2		Methamphetamine Precursor Control Act, or a
3		methamphetamine related offense:
4		(A) prohibited from purchasing, possessing, or
5		having under his or her control any product containing
6		pseudoephedrine unless prescribed by a physician; and
7		(B) prohibited from purchasing, possessing, or
8		having under his or her control any product containing
9		ammonium nitrate; and
10		(13) if convicted of a hate crime involving the
11		protected class identified in subsection (a) of Section
12		12-7.1 of the Criminal Code of 2012 that gave rise to the
13		offense the offender committed, perform public or
14		community service of no less than 200 hours and enroll in
15		an educational program discouraging hate crimes that
16		includes racial, ethnic, and cultural sensitivity training
17		ordered by the court.
18		(b) The Court may in addition to other reasonable
19		conditions relating to the nature of the offense or the
20		rehabilitation of the defendant as determined for each
21		defendant in the proper discretion of the Court require that
22		the person:
23		(1) serve a term of periodic imprisonment under
24		Article 7 for a period not to exceed that specified in
25		paragraph (d) of Section 5-7-1;
26		(2) pay a fine and costs;

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1		(3) work or pursue a course of study or vocational
2		training;
3		(4) undergo medical, psychological or psychiatric
4		treatment; or treatment for drug addiction or alcoholism;
5		(5) attend or reside in a facility established for the
6		instruction or residence of defendants on probation;
7		(6) support his dependents;
8		(7) and in addition, if a minor:
9		(i) reside with his parents or in a foster home;
10		(ii) attend school;
11		(iii) attend a non-residential program for youth;
12		(iv) provide nonfinancial contributions to his own
13		support at home or in a foster home;
14		(v) with the consent of the superintendent of the
15		facility, attend an educational program at a facility
16		other than the school in which the offense was
17		committed if he or she is convicted of a crime of
18		violence as defined in Section 2 of the Crime Victims
19		Compensation Act committed in a school, on the real
20		property comprising a school, or within 1,000 feet of
21		the real property comprising a school;
22		(8) make restitution as provided in Section 5-5-6 of
23		this Code;
24		(9) perform some reasonable public or community
25		service;
26		(10) serve a term of home confinement. In addition to

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1		any other applicable condition of probation or conditional
2		discharge, the conditions of home confinement shall be
3		that the offender:
4		(i) remain within the interior premises of the
5		place designated for his confinement during the hours
6		designated by the court;
7		(ii) admit any person or agent designated by the
8		court into the offender's place of confinement at any
9		time for purposes of verifying the offender's
10		compliance with the conditions of his confinement; and
11		(iii) if further deemed necessary by the court or
12		the probation or court services department Probation
13		or Court Services Department, be placed on an approved
14		electronic monitoring device, subject to Article 8A of
15		Chapter V;
16		(iv) for persons convicted of any alcohol,
17		cannabis or controlled substance violation who are
18		placed on an approved monitoring device as a condition
19		of probation or conditional discharge, the court shall
20		impose a reasonable fee for each day of the use of the
21		device, as established by the county board in
22		subsection (g) of this Section, unless after
23		determining the inability of the offender to pay the
24		fee, the court assesses a lesser fee or no fee as the
25		case may be. This fee shall be imposed in addition to
26		the fees imposed under subsections (g) and (i) of this

HB4844 Engrossed - 2015 - LRB103 39009 AMC 69146 b
1		Section. The fee shall be collected by the clerk of the
2		circuit court, except as provided in an administrative
3		order of the Chief Judge of the circuit court. The
4		clerk of the circuit court shall pay all monies
5		collected from this fee to the county treasurer for
6		deposit in the substance abuse services fund under
7		Section 5-1086.1 of the Counties Code, except as
8		provided in an administrative order of the Chief Judge
9		of the circuit court.
10		The Chief Judge of the circuit court of the county
11		may by administrative order establish a program for
12		electronic monitoring of offenders, in which a vendor
13		supplies and monitors the operation of the electronic
14		monitoring device, and collects the fees on behalf of
15		the county. The program shall include provisions for
16		indigent offenders and the collection of unpaid fees.
17		The program shall not unduly burden the offender and
18		shall be subject to review by the Chief Judge.
19		The Chief Judge of the circuit court may suspend
20		any additional charges or fees for late payment,
21		interest, or damage to any device; and
22		(v) for persons convicted of offenses other than
23		those referenced in clause (iv) above and who are
24		placed on an approved monitoring device as a condition
25		of probation or conditional discharge, the court shall
26		impose a reasonable fee for each day of the use of the

HB4844 Engrossed - 2016 - LRB103 39009 AMC 69146 b
1		device, as established by the county board in
2		subsection (g) of this Section, unless after
3		determining the inability of the defendant to pay the
4		fee, the court assesses a lesser fee or no fee as the
5		case may be. This fee shall be imposed in addition to
6		the fees imposed under subsections (g) and (i) of this
7		Section. The fee shall be collected by the clerk of the
8		circuit court, except as provided in an administrative
9		order of the Chief Judge of the circuit court. The
10		clerk of the circuit court shall pay all monies
11		collected from this fee to the county treasurer who
12		shall use the monies collected to defray the costs of
13		corrections. The county treasurer shall deposit the
14		fee collected in the probation and court services
15		fund. The Chief Judge of the circuit court of the
16		county may by administrative order establish a program
17		for electronic monitoring of offenders, in which a
18		vendor supplies and monitors the operation of the
19		electronic monitoring device, and collects the fees on
20		behalf of the county. The program shall include
21		provisions for indigent offenders and the collection
22		of unpaid fees. The program shall not unduly burden
23		the offender and shall be subject to review by the
24		Chief Judge.
25		The Chief Judge of the circuit court may suspend
26		any additional charges or fees for late payment,

HB4844 Engrossed - 2017 - LRB103 39009 AMC 69146 b
1		interest, or damage to any device.
2		(11) comply with the terms and conditions of an order
3		of protection issued by the court pursuant to the Illinois
4		Domestic Violence Act of 1986, as now or hereafter
5		amended, or an order of protection issued by the court of
6		another state, tribe, or United States territory. A copy
7		of the order of protection shall be transmitted to the
8		probation officer or agency having responsibility for the
9		case;
10		(12) reimburse any "local anti-crime program" as
11		defined in Section 7 of the Anti-Crime Advisory Council
12		Act for any reasonable expenses incurred by the program on
13		the offender's case, not to exceed the maximum amount of
14		the fine authorized for the offense for which the
15		defendant was sentenced;
16		(13) contribute a reasonable sum of money, not to
17		exceed the maximum amount of the fine authorized for the
18		offense for which the defendant was sentenced, (i) to a
19		"local anti-crime program", as defined in Section 7 of the
20		Anti-Crime Advisory Council Act, or (ii) for offenses
21		under the jurisdiction of the Department of Natural
22		Resources, to the fund established by the Department of
23		Natural Resources for the purchase of evidence for
24		investigation purposes and to conduct investigations as
25		outlined in Section 805-105 of the Department of Natural
26		Resources (Conservation) Law;

HB4844 Engrossed - 2018 - LRB103 39009 AMC 69146 b
1		(14) refrain from entering into a designated
2		geographic area except upon such terms as the court finds
3		appropriate. Such terms may include consideration of the
4		purpose of the entry, the time of day, other persons
5		accompanying the defendant, and advance approval by a
6		probation officer, if the defendant has been placed on
7		probation or advance approval by the court, if the
8		defendant was placed on conditional discharge;
9		(15) refrain from having any contact, directly or
10		indirectly, with certain specified persons or particular
11		types of persons, including, but not limited to, members
12		of street gangs and drug users or dealers;
13		(16) refrain from having in his or her body the
14		presence of any illicit drug prohibited by the Illinois
15		Controlled Substances Act or the Methamphetamine Control
16		and Community Protection Act, unless prescribed by a
17		physician, and submit samples of his or her blood or urine
18		or both for tests to determine the presence of any illicit
19		drug;
20		(17) if convicted for an offense committed on or after
21		June 1, 2008 (the effective date of Public Act 95-464)
22		that would qualify the accused as a child sex offender as
23		defined in Section 11-9.3 or 11-9.4 of the Criminal Code
24		of 1961 or the Criminal Code of 2012, refrain from
25		communicating with or contacting, by means of the
26		Internet, a person who is related to the accused and whom

HB4844 Engrossed - 2019 - LRB103 39009 AMC 69146 b
1		the accused reasonably believes to be under 18 years of
2		age; for purposes of this paragraph (17), "Internet" has
3		the meaning ascribed to it in Section 16-0.1 of the
4		Criminal Code of 2012; and a person is related to the
5		accused if the person is: (i) the spouse, brother, or
6		sister of the accused; (ii) a descendant of the accused;
7		(iii) a first or second cousin of the accused; or (iv) a
8		step-child or adopted child of the accused;
9		(18) if convicted for an offense committed on or after
10		June 1, 2009 (the effective date of Public Act 95-983)
11		that would qualify as a sex offense as defined in the Sex
12		Offender Registration Act:
13		(i) not access or use a computer or any other
14		device with Internet capability without the prior
15		written approval of the offender's probation officer,
16		except in connection with the offender's employment or
17		search for employment with the prior approval of the
18		offender's probation officer;
19		(ii) submit to periodic unannounced examinations
20		of the offender's computer or any other device with
21		Internet capability by the offender's probation
22		officer, a law enforcement officer, or assigned
23		computer or information technology specialist,
24		including the retrieval and copying of all data from
25		the computer or device and any internal or external
26		peripherals and removal of such information,

HB4844 Engrossed - 2020 - LRB103 39009 AMC 69146 b
1		equipment, or device to conduct a more thorough
2		inspection;
3		(iii) submit to the installation on the offender's
4		computer or device with Internet capability, at the
5		subject's expense, of one or more hardware or software
6		systems to monitor the Internet use; and
7		(iv) submit to any other appropriate restrictions
8		concerning the offender's use of or access to a
9		computer or any other device with Internet capability
10		imposed by the offender's probation officer; and
11		(19) refrain from possessing a firearm or other
12		dangerous weapon where the offense is a misdemeanor that
13		did not involve the intentional or knowing infliction of
14		bodily harm or threat of bodily harm.
15		(c) The court may as a condition of probation or of
16		conditional discharge require that a person under 18 years of
17		age found guilty of any alcohol, cannabis or controlled
18		substance violation, refrain from acquiring a driver's license
19		during the period of probation or conditional discharge. If
20		such person is in possession of a permit or license, the court
21		may require that the minor refrain from driving or operating
22		any motor vehicle during the period of probation or
23		conditional discharge, except as may be necessary in the
24		course of the minor's lawful employment.
25		(d) An offender sentenced to probation or to conditional
26		discharge shall be given a certificate setting forth the

HB4844 Engrossed - 2021 - LRB103 39009 AMC 69146 b
1		conditions thereof.
2		(e) Except where the offender has committed a fourth or
3		subsequent violation of subsection (c) of Section 6-303 of the
4		Illinois Vehicle Code, the court shall not require as a
5		condition of the sentence of probation or conditional
6		discharge that the offender be committed to a period of
7		imprisonment in excess of 6 months. This 6-month limit shall
8		not include periods of confinement given pursuant to a
9		sentence of county impact incarceration under Section 5-8-1.2.
10		Persons committed to imprisonment as a condition of
11		probation or conditional discharge shall not be committed to
12		the Department of Corrections.
13		(f) The court may combine a sentence of periodic
14		imprisonment under Article 7 or a sentence to a county impact
15		incarceration program under Article 8 with a sentence of
16		probation or conditional discharge.
17		(g) An offender sentenced to probation or to conditional
18		discharge and who during the term of either undergoes
19		mandatory drug or alcohol testing, or both, or is assigned to
20		be placed on an approved electronic monitoring device, shall
21		be ordered to pay all costs incidental to such mandatory drug
22		or alcohol testing, or both, and all costs incidental to such
23		approved electronic monitoring in accordance with the
24		defendant's ability to pay those costs. The county board with
25		the concurrence of the Chief Judge of the judicial circuit in
26		which the county is located shall establish reasonable fees

HB4844 Engrossed - 2022 - LRB103 39009 AMC 69146 b
1		for the cost of maintenance, testing, and incidental expenses
2		related to the mandatory drug or alcohol testing, or both, and
3		all costs incidental to approved electronic monitoring,
4		involved in a successful probation program for the county. The
5		concurrence of the Chief Judge shall be in the form of an
6		administrative order. The fees shall be collected by the clerk
7		of the circuit court, except as provided in an administrative
8		order of the Chief Judge of the circuit court. The clerk of the
9		circuit court shall pay all moneys collected from these fees
10		to the county treasurer who shall use the moneys collected to
11		defray the costs of drug testing, alcohol testing, and
12		electronic monitoring. The county treasurer shall deposit the
13		fees collected in the county working cash fund under Section
14		6-27001 or Section 6-29002 of the Counties Code, as the case
15		may be. The Chief Judge of the circuit court of the county may
16		by administrative order establish a program for electronic
17		monitoring of offenders, in which a vendor supplies and
18		monitors the operation of the electronic monitoring device,
19		and collects the fees on behalf of the county. The program
20		shall include provisions for indigent offenders and the
21		collection of unpaid fees. The program shall not unduly burden
22		the offender and shall be subject to review by the Chief Judge.
23		A person shall not be assessed costs or fees for mandatory
24		testing for drugs, alcohol, or both, if the person is an
25		indigent person as defined in paragraph (2) of subsection (a)
26		of Section 5-105 of the Code of Civil Procedure.

HB4844 Engrossed - 2023 - LRB103 39009 AMC 69146 b
1		The Chief Judge of the circuit court may suspend any
2		additional charges or fees for late payment, interest, or
3		damage to any device.
4		(h) Jurisdiction over an offender may be transferred from
5		the sentencing court to the court of another circuit with the
6		concurrence of both courts. Further transfers or retransfers
7		of jurisdiction are also authorized in the same manner. The
8		court to which jurisdiction has been transferred shall have
9		the same powers as the sentencing court. The probation
10		department within the circuit to which jurisdiction has been
11		transferred, or which has agreed to provide supervision, may
12		impose probation fees upon receiving the transferred offender,
13		as provided in subsection (i). For all transfer cases, as
14		defined in Section 9b of the Probation and Probation Officers
15		Act, the probation department from the original sentencing
16		court shall retain all probation fees collected prior to the
17		transfer. After the transfer, all probation fees shall be paid
18		to the probation department within the circuit to which
19		jurisdiction has been transferred.
20		(i) The court shall impose upon an offender sentenced to
21		probation after January 1, 1989 or to conditional discharge
22		after January 1, 1992 or to community service under the
23		supervision of a probation or court services department after
24		January 1, 2004, as a condition of such probation or
25		conditional discharge or supervised community service, a fee
26		of $50 for each month of probation or conditional discharge

HB4844 Engrossed - 2024 - LRB103 39009 AMC 69146 b
1		supervision or supervised community service ordered by the
2		court, unless after determining the inability of the person
3		sentenced to probation or conditional discharge or supervised
4		community service to pay the fee, the court assesses a lesser
5		fee. The court may not impose the fee on a minor who is placed
6		in the guardianship or custody of the Department of Children
7		and Family Services under the Juvenile Court Act of 1987 while
8		the minor is in placement. The fee shall be imposed only upon
9		an offender who is actively supervised by the probation and
10		court services department. The fee shall be collected by the
11		clerk of the circuit court. The clerk of the circuit court
12		shall pay all monies collected from this fee to the county
13		treasurer for deposit in the probation and court services fund
14		under Section 15.1 of the Probation and Probation Officers
15		Act.
16		A circuit court may not impose a probation fee under this
17		subsection (i) in excess of $25 per month unless the circuit
18		court has adopted, by administrative order issued by the Chief
19		Judge chief judge, a standard probation fee guide determining
20		an offender's ability to pay. Of the amount collected as a
21		probation fee, up to $5 of that fee collected per month may be
22		used to provide services to crime victims and their families.
23		The Court may only waive probation fees based on an
24		offender's ability to pay. The probation department may
25		re-evaluate an offender's ability to pay every 6 months, and,
26		with the approval of the Director of Court Services or the

HB4844 Engrossed - 2025 - LRB103 39009 AMC 69146 b
1		Chief Probation Officer, adjust the monthly fee amount. An
2		offender may elect to pay probation fees due in a lump sum. Any
3		offender that has been assigned to the supervision of a
4		probation department, or has been transferred either under
5		subsection (h) of this Section or under any interstate
6		compact, shall be required to pay probation fees to the
7		department supervising the offender, based on the offender's
8		ability to pay.
9		Public Act 93-970 deletes the $10 increase in the fee
10		under this subsection that was imposed by Public Act 93-616.
11		This deletion is intended to control over any other Act of the
12		93rd General Assembly that retains or incorporates that fee
13		increase.
14		(i-5) In addition to the fees imposed under subsection (i)
15		of this Section, in the case of an offender convicted of a
16		felony sex offense (as defined in the Sex Offender Management
17		Board Act) or an offense that the court or probation
18		department has determined to be sexually motivated (as defined
19		in the Sex Offender Management Board Act), the court or the
20		probation department shall assess additional fees to pay for
21		all costs of treatment, assessment, evaluation for risk and
22		treatment, and monitoring the offender, based on that
23		offender's ability to pay those costs either as they occur or
24		under a payment plan.
25		(j) All fines and costs imposed under this Section for any
26		violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle

HB4844 Engrossed - 2026 - LRB103 39009 AMC 69146 b
1		Code, or a similar provision of a local ordinance, and any
2		violation of the Child Passenger Protection Act, or a similar
3		provision of a local ordinance, shall be collected and
4		disbursed by the circuit clerk as provided under the Criminal
5		and Traffic Assessment Act.
6		(k) Any offender who is sentenced to probation or
7		conditional discharge for a felony sex offense as defined in
8		the Sex Offender Management Board Act or any offense that the
9		court or probation department has determined to be sexually
10		motivated as defined in the Sex Offender Management Board Act
11		shall be required to refrain from any contact, directly or
12		indirectly, with any persons specified by the court and shall
13		be available for all evaluations and treatment programs
14		required by the court or the probation department.
15		(l) The court may order an offender who is sentenced to
16		probation or conditional discharge for a violation of an order
17		of protection be placed under electronic surveillance as
18		provided in Section 5-8A-7 of this Code.
19		(m) Except for restitution, and assessments issued for
20		adjudications under Section 5-125 of the Juvenile Court Act of
21		1987, fines and assessments, such as fees or administrative
22		costs, authorized under this Section shall not be ordered or
23		imposed on a minor subject to Article III, IV, or V of the
24		Juvenile Court Act of 1987, or a minor under the age of 18
25		transferred to adult court or excluded from juvenile court
26		jurisdiction under Article V of the Juvenile Court Act of

HB4844 Engrossed - 2027 - LRB103 39009 AMC 69146 b
1		1987, or the minor's parent, guardian, or legal custodian.
2		(n) (m) A person on probation, conditional discharge, or
3		supervision shall not be ordered to refrain from having
4		cannabis or alcohol in his or her body unless:
5		(1) the person is under 21 years old;
6		(2) the person was sentenced to probation, conditional
7		discharge, or supervision for an offense which had as an
8		element of the offense the presence of an intoxicating
9		compound in the person's body;
10		(3) the person is participating in a problem-solving
11		court certified by the Illinois Supreme Court;
12		(4) the person has undergone a validated clinical
13		assessment and the clinical treatment plan includes
14		alcohol or cannabis testing; or
15		(5) a court ordered evaluation recommends that the
16		person refrain from using alcohol or cannabis, provided
17		the evaluation is a validated clinical assessment and the
18		recommendation originates from a clinical treatment plan.
19		If the court has made findings that alcohol use was a
20		contributing factor in the commission of the underlying
21		offense, the court may order a person on probation,
22		conditional discharge, or supervision to refrain from having
23		alcohol in his or her body during the time between sentencing
24		and the completion of a validated clinical assessment,
25		provided that such order shall not exceed 30 days and shall be
26		terminated if the clinical treatment plan does not recommend

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1		abstinence or testing, or both.
2		In this subsection (n) (m), "validated clinical
3		assessment" and "clinical treatment plan" have the meanings
4		ascribed to them in Section 10 of the Drug Court Treatment Act.
5		In any instance in which the court orders testing for
6		cannabis or alcohol, the court shall state the reasonable
7		relation the condition has to the person's crime for which the
8		person was placed on probation, conditional discharge, or
9		supervision.
10		(o) (n) A person on probation, conditional discharge, or
11		supervision shall not be ordered to refrain from use or
12		consumption of any substance lawfully prescribed by a medical
13		provider or authorized by the Compassionate Use of Medical
14		Cannabis Program Act, except where use is prohibited in
15		paragraph (3) or (4) of subsection (n) (m).
16		(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;
17		103-271, eff. 1-1-24; 103-379, eff. 7-28-23; 103-391, eff.
18		1-1-24; revised 12-15-23.)
19		(730 ILCS 5/5-9-1.4) (from Ch. 38, par. 1005-9-1.4)
20		Sec. 5-9-1.4. (a) "Crime laboratory" means any
21		not-for-profit laboratory registered with the Drug Enforcement
22		Administration of the United States Department of Justice,
23		substantially funded by a unit or combination of units of
24		local government or the State of Illinois, which regularly
25		employs at least one person engaged in the analysis of

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1		controlled substances, cannabis, methamphetamine, or steroids
2		for criminal justice agencies in criminal matters and provides
3		testimony with respect to such examinations.
4		(b) (Blank).
5		(c) (Blank).
6		(c-1) A criminal laboratory analysis assessment, or
7		equivalent fine or assessment, such as fees or administrative
8		costs, shall not be ordered or imposed on a minor subject to
9		Article III, IV, or V of the Juvenile Court Act of 1987, or a
10		minor under the age of 18 transferred to adult court or
11		excluded from juvenile court jurisdiction under Article V of
12		the Juvenile Court Act of 1987, or the minor's parent,
13		guardian, or legal custodian.
14		(d) Notwithstanding subsection (c-1) of this Section, all
15		funds provided for by this Section shall be collected by the
16		clerk of the court and forwarded to the appropriate crime
17		laboratory fund as provided in subsection (f).
18		(e) Crime laboratory funds shall be established as
19		follows:
20		(1) Any unit of local government which maintains a
21		crime laboratory may establish a crime laboratory fund
22		within the office of the county or municipal treasurer.
23		(2) Any combination of units of local government which
24		maintains a crime laboratory may establish a crime
25		laboratory fund within the office of the treasurer of the
26		county where the crime laboratory is situated.

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1		(3) The State Crime Laboratory Fund is hereby created
2		as a special fund in the State Treasury.
3		(f) Funds shall be forwarded to the office of the
4		treasurer of the unit of local government that performed the
5		analysis if that unit of local government has established a
6		crime laboratory fund, or to the State Crime Laboratory Fund
7		if the analysis was performed by a laboratory operated by the
8		Illinois State Police. If the analysis was performed by a
9		crime laboratory funded by a combination of units of local
10		government, the funds shall be forwarded to the treasurer of
11		the county where the crime laboratory is situated if a crime
12		laboratory fund has been established in that county. If the
13		unit of local government or combination of units of local
14		government has not established a crime laboratory fund, then
15		the funds shall be forwarded to the State Crime Laboratory
16		Fund.
17		(g) Moneys deposited into a crime laboratory fund created
18		pursuant to paragraph (1) or (2) of subsection (e) of this
19		Section shall be in addition to any allocations made pursuant
20		to existing law and shall be designated for the exclusive use
21		of the crime laboratory. These uses may include, but are not
22		limited to, the following:
23		(1) costs incurred in providing analysis for
24		controlled substances in connection with criminal
25		investigations conducted within this State;
26		(2) purchase and maintenance of equipment for use in

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1		performing analyses; and
2		(3) continuing education, training, and professional
3		development of forensic scientists regularly employed by
4		these laboratories.
5		(h) Moneys deposited in the State Crime Laboratory Fund
6		created pursuant to paragraph (3) of subsection (d) of this
7		Section shall be used by State crime laboratories as
8		designated by the Director of the Illinois State Police. These
9		funds shall be in addition to any allocations made pursuant to
10		existing law and shall be designated for the exclusive use of
11		State crime laboratories or for the sexual assault evidence
12		tracking system created under Section 50 of the Sexual Assault
13		Evidence Submission Act. These uses may include those
14		enumerated in subsection (g) of this Section.
15		(Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21;
16		102-813, eff. 5-13-22; 103-363, eff. 7-28-23; 103-379, eff.
17		7-28-23; revised 9-14-23.)
18		(730 ILCS 5/5-9-1.9)
19		Sec. 5-9-1.9. DUI analysis.
20		(a) "Crime laboratory" means a not-for-profit laboratory
21		substantially funded by a single unit or combination of units
22		of local government or the State of Illinois that regularly
23		employs at least one person engaged in the DUI analysis of
24		blood, other bodily substance, and urine for criminal justice
25		agencies in criminal matters and provides testimony with

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1		respect to such examinations.
2		"DUI analysis" means an analysis of blood, other bodily
3		substance, or urine for purposes of determining whether a
4		violation of Section 11-501 of the Illinois Vehicle Code has
5		occurred.
6		(b) (Blank).
7		(c) (Blank).
8		(c-1) A criminal laboratory DUI analysis assessment, or
9		equivalent fine or assessment, such as fees or administrative
10		costs, shall not be ordered or imposed on a minor subject to
11		Article III, IV, or V of the Juvenile Court Act of 1987, or a
12		minor under the age of 18 transferred to adult court or
13		excluded from juvenile court jurisdiction under Article V of
14		the Juvenile Court Act of 1987, or the minor's parent,
15		guardian, or legal custodian.
16		(d) Notwithstanding subsection (c-1), all funds provided
17		for by this Section shall be collected by the clerk of the
18		court and forwarded to the appropriate crime laboratory DUI
19		fund as provided in subsection (f).
20		(e) Crime laboratory funds shall be established as
21		follows:
22		(1) A unit of local government that maintains a crime
23		laboratory may establish a crime laboratory DUI fund
24		within the office of the county or municipal treasurer.
25		(2) Any combination of units of local government that
26		maintains a crime laboratory may establish a crime

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1		laboratory DUI fund within the office of the treasurer of
2		the county where the crime laboratory is situated.
3		(3) (Blank).
4		(f) Notwithstanding subsection (c-1), all funds shall be
5		forwarded to the office of the treasurer of the unit of local
6		government that performed the analysis if that unit of local
7		government has established a crime laboratory DUI fund, or
8		remitted to the State Treasurer for deposit into the State
9		Crime Laboratory Fund if the analysis was performed by a
10		laboratory operated by the Illinois State Police. If the
11		analysis was performed by a crime laboratory funded by a
12		combination of units of local government, the funds shall be
13		forwarded to the treasurer of the county where the crime
14		laboratory is situated if a crime laboratory DUI fund has been
15		established in that county. If the unit of local government or
16		combination of units of local government has not established a
17		crime laboratory DUI fund, then the funds shall be remitted to
18		the State Treasurer for deposit into the State Crime
19		Laboratory Fund.
20		(g) Moneys deposited into a crime laboratory DUI fund
21		created under paragraphs (1) and (2) of subsection (e) of this
22		Section shall be in addition to any allocations made pursuant
23		to existing law and shall be designated for the exclusive use
24		of the crime laboratory. These uses may include, but are not
25		limited to, the following:
26		(1) Costs incurred in providing analysis for DUI

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1		investigations conducted within this State.
2		(2) Purchase and maintenance of equipment for use in
3		performing analyses.
4		(3) Continuing education, training, and professional
5		development of forensic scientists regularly employed by
6		these laboratories.
7		(h) Moneys deposited in the State Crime Laboratory Fund
8		shall be used by State crime laboratories as designated by the
9		Director of the Illinois State Police. These funds shall be in
10		addition to any allocations made according to existing law and
11		shall be designated for the exclusive use of State crime
12		laboratories. These uses may include those enumerated in
13		subsection (g) of this Section.
14		(i) (Blank).
15		(Source: P.A. 102-16, eff. 6-17-21; 102-145, eff. 7-23-21;
16		102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-363, eff.
17		7-28-23; 103-379, eff. 7-28-23; revised 9-14-23.)
18		Section 570. The Arsonist Registration Act is amended by
19		changing Section 35 as follows:
20		(730 ILCS 148/35)
21		Sec. 35. Duty to report change of address, school, name,
22		or employment. Any person who is required to register under
23		this Act shall report in person to the appropriate law
24		enforcement agency with whom he or she last registered within

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1		one year from the date of last registration and every year
2		thereafter. If any person required to register under this Act
3		changes his or her residence address, place of employment, or
4		school, he or she shall, in writing, within 10 days inform the
5		law enforcement agency with whom he or she last registered of
6		his or her new address, change in employment, or school and
7		register with the appropriate law enforcement agency within
8		the time period specified in Section 10. Any person who is
9		required to register under this Act and is granted a legal name
10		change pursuant to subsection (b) of Section 21-101 of the
11		Code of Civil Procedure shall, in writing, within 10 days
12		inform the law enforcement agency with whom the person they
13		last registered of the their name change. The law enforcement
14		agency shall, within 3 days of receipt, notify the Illinois
15		State Police and the law enforcement agency having
16		jurisdiction of the new place of residence, change in
17		employment, or school. If any person required to register
18		under this Act establishes a residence or employment outside
19		of the State of Illinois, within 10 days after establishing
20		that residence or employment, he or she shall, in writing,
21		inform the law enforcement agency with which he or she last
22		registered of his or her out-of-state residence or employment.
23		The law enforcement agency with which such person last
24		registered shall, within 3 days' days notice of an address or
25		employment change, notify the Illinois State Police. The
26		Illinois State Police shall forward such information to the

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1		out-of-state law enforcement agency having jurisdiction in the
2		form and manner prescribed by the Illinois State Police.
3		(Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24;
4		revised 12-15-23.)
5		Section 575. The Sex Offender Registration Act is amended
6		by changing Section 6 as follows:
7		(730 ILCS 150/6)
8		Sec. 6. Duty to report; change of address, school, name,
9		or employment; duty to inform. A person who has been
10		adjudicated to be sexually dangerous or is a sexually violent
11		person and is later released, or found to be no longer sexually
12		dangerous or no longer a sexually violent person and
13		discharged, or convicted of a violation of this Act after July
14		1, 2005, shall report in person to the law enforcement agency
15		with whom he or she last registered no later than 90 days after
16		the date of his or her last registration and every 90 days
17		thereafter and at such other times at the request of the law
18		enforcement agency not to exceed 4 times a year. Such sexually
19		dangerous or sexually violent person must report all new or
20		changed e-mail addresses, all new or changed instant messaging
21		identities, all new or changed chat room identities, and all
22		other new or changed Internet communications identities that
23		the sexually dangerous or sexually violent person uses or
24		plans to use, all new or changed Uniform Resource Locators

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1		(URLs) registered or used by the sexually dangerous or
2		sexually violent person, and all new or changed blogs and
3		other Internet sites maintained by the sexually dangerous or
4		sexually violent person or to which the sexually dangerous or
5		sexually violent person has uploaded any content or posted any
6		messages or information. Any person who lacks a fixed
7		residence must report weekly, in person, to the appropriate
8		law enforcement agency where the sex offender is located. Any
9		other person who is required to register under this Article
10		shall report in person to the appropriate law enforcement
11		agency with whom he or she last registered within one year from
12		the date of last registration and every year thereafter and at
13		such other times at the request of the law enforcement agency
14		not to exceed 4 times a year. If any person required to
15		register under this Article lacks a fixed residence or
16		temporary domicile, he or she must notify, in person, the
17		agency of jurisdiction of his or her last known address within
18		3 days after ceasing to have a fixed residence and if the
19		offender leaves the last jurisdiction of residence, he or she,
20		must within 3 days after leaving register in person with the
21		new agency of jurisdiction. If any other person required to
22		register under this Article changes his or her residence
23		address, place of employment, telephone number, cellular
24		telephone number, or school, he or she shall report in person,
25		to the law enforcement agency with whom he or she last
26		registered, his or her new address, change in employment,

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1		telephone number, cellular telephone number, or school, all
2		new or changed e-mail addresses, all new or changed instant
3		messaging identities, all new or changed chat room identities,
4		and all other new or changed Internet communications
5		identities that the sex offender uses or plans to use, all new
6		or changed Uniform Resource Locators (URLs) registered or used
7		by the sex offender, and all new or changed blogs and other
8		Internet sites maintained by the sex offender or to which the
9		sex offender has uploaded any content or posted any messages
10		or information, and register, in person, with the appropriate
11		law enforcement agency within the time period specified in
12		Section 3. If any person required to register under this
13		Article is granted a legal name change pursuant to subsection
14		(b) of Section 21-101 of the Code of Civil Procedure, the
15		person they shall report, in person, within 3 days of the their
16		legal name change, to the law enforcement agency with whom the
17		person they last registered. If the sex offender is a child sex
18		offender as defined in Section 11-9.3 or 11-9.4 of the
19		Criminal Code of 1961 or the Criminal Code of 2012, the sex
20		offender shall within 3 days after beginning to reside in a
21		household with a child under 18 years of age who is not his or
22		her own child, provided that his or her own child is not the
23		victim of the sex offense, report that information to the
24		registering law enforcement agency. The law enforcement agency
25		shall, within 3 days of the reporting in person by the person
26		required to register under this Article, notify the Illinois

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1		State Police of the new place of residence, change in
2		employment, telephone number, cellular telephone number, or
3		school.
4		If any person required to register under this Article
5		intends to establish a residence or employment outside of the
6		State of Illinois, at least 10 days before establishing that
7		residence or employment, he or she shall report in person to
8		the law enforcement agency with which he or she last
9		registered of his or her out-of-state intended residence or
10		employment. The law enforcement agency with which such person
11		last registered shall, within 3 days after the reporting in
12		person of the person required to register under this Article
13		of an address or employment change, notify the Illinois State
14		Police. The Illinois State Police shall forward such
15		information to the out-of-state law enforcement agency having
16		jurisdiction in the form and manner prescribed by the Illinois
17		State Police.
18		(Source: P.A. P.A. 102-538, eff. 8-20-21; 102-1133, eff.
19		1-1-24; revised 12-15-23.)
20		Section 580. The Murderer and Violent Offender Against
21		Youth Registration Act is amended by changing Section 30 as
22		follows:
23		(730 ILCS 154/30)
24		Sec. 30. Duty to report; change of address, school, name,

HB4844 Engrossed - 2040 - LRB103 39009 AMC 69146 b
1		or employment; duty to inform. Any violent offender against
2		youth who is required to register under this Act shall report
3		in person to the appropriate law enforcement agency with whom
4		he or she last registered within one year from the date of last
5		registration and every year thereafter and at such other times
6		at the request of the law enforcement agency not to exceed 4
7		times a year. If any person required to register under this Act
8		lacks a fixed residence or temporary domicile, he or she must
9		notify, in person, the agency of jurisdiction of his or her
10		last known address within 5 days after ceasing to have a fixed
11		residence and if the offender leaves the last jurisdiction of
12		residence, he or she must, within 48 hours after leaving,
13		register in person with the new agency of jurisdiction. If any
14		other person required to register under this Act changes his
15		or her residence address, place of employment, or school, he
16		or she shall report in person to the law enforcement agency
17		with whom he or she last registered of his or her new address,
18		change in employment, or school and register, in person, with
19		the appropriate law enforcement agency within the time period
20		specified in Section 10. The law enforcement agency shall,
21		within 3 days of the reporting in person by the person required
22		to register under this Act, notify the Illinois State Police
23		of the new place of residence, change in employment, or
24		school. If any person required to register under this Act is
25		granted a legal name change pursuant to subsection (b) of
26		Section 21-101 of the Code of Civil Procedure, the person they

HB4844 Engrossed - 2041 - LRB103 39009 AMC 69146 b
1		shall report, in person, within 5 days of receiving the their
2		legal name change order, the their legal name change to the law
3		enforcement agency with whom the person they last registered.
4		If any person required to register under this Act intends
5		to establish a residence or employment outside of the State of
6		Illinois, at least 10 days before establishing that residence
7		or employment, he or she shall report in person to the law
8		enforcement agency with which he or she last registered of his
9		or her out-of-state intended residence or employment. The law
10		enforcement agency with which such person last registered
11		shall, within 3 days after the reporting in person of the
12		person required to register under this Act of an address or
13		employment change, notify the Illinois State Police. The
14		Illinois State Police shall forward such information to the
15		out-of-state law enforcement agency having jurisdiction in the
16		form and manner prescribed by the Illinois State Police.
17		(Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24;
18		revised 12-15-23.)
19		Section 585. The End Youth Solitary Confinement Act is
20		amended by changing Section 10 as follows:
21		(730 ILCS 215/10)
22		Sec. 10. Covered juvenile confinement.
23		(a) In this Act:
24		"Administrative hold" means the status assigned to a

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1		covered juvenile who is temporarily being housed in a
2		particular covered juvenile center and includes, but is not
3		limited to: a covered juvenile awaiting transfer to another
4		juvenile detention center, a covered juvenile permanently
5		assigned to another juvenile detention center being
6		temporarily housed for purposes of attending court, the
7		covered juvenile awaiting release, and the covered juvenile
8		who was transferred to the Department of Corrections by
9		mistake.
10		"Behavioral hold" means the status assigned to a covered
11		juvenile who is confined to the covered juvenile's own room or
12		another area because he or she is engaging in dangerous
13		behavior that poses a serious and immediate threat to his or
14		her own safety, the safety of others, or the security of the
15		juvenile detention center.
16		"Chief administrative officer" means the highest ranking
17		official of a juvenile detention center.
18		"Confinement" means any instance when an individual
19		covered juvenile is held for 15 minutes or more in a room,
20		cell, or other area separated from other covered juveniles.
21		Confinement may occur in locked or unlocked rooms.
22		"Confinement" includes an administrative hold, behavioral
23		hold, or investigative status. "Confinement" does not include
24		medical isolation or quarantine, situations when a covered
25		juvenile requests to go to his or her room, the movement of the
26		covered juvenile between offices and classrooms while

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1		attending school, a covered juvenile who receives individual
2		counseling or other therapeutic services, or staff who are in
3		ongoing continuous conversation or processing with the covered
4		juvenile, such as a cool down.
5		"Covered juvenile" means any person under 21 years of age
6		incarcerated in a Department of Juvenile Justice facility or
7		any person under 18 years of age detained in a county facility
8		under the authority of the local circuit court.
9		"Investigative status" means a status assigned to a
10		covered juvenile for whom confinement is necessary for the
11		efficient and effective investigation of a Tier 2 or Tier 3
12		offense, as defined in the Department of Juvenile Justice's
13		Administrative Directive 04.01.140.
14		"Tier 2" or "Tier 3" offense means a major rules violation
15		that results in immediate disciplinary consequences that are
16		assigned by the staff of a facility of the Illinois Department
17		of Juvenile Justice reporting the violation.
18		(b) The use of room confinement at a youth facility for
19		discipline, punishment, retaliation, or any reason other than
20		as a temporary response to a juvenile's behavior that poses a
21		serious and immediate risk of physical harm to any individual,
22		including the juvenile, is prohibited.
23		(b-5) A covered juvenile may be placed on an
24		administrative hold and confined when temporarily being housed
25		in a particular juvenile detention center or for
26		administrative or security purposes as personally determined

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1		by the chief administrative officer.
2		(b-6) Placement on administrative hold shall be subject to
3		the following time limitations:
4		(1) when the covered juvenile is awaiting transfer to
5		a youth facility or a more secure setting, the
6		administrative hold may not exceed 3 business days; and
7		(2) the administrative hold may not exceed 7 calendar
8		days when the covered juvenile is temporarily transferred
9		to a different facility for the purposes of placement
10		interviews, court appearances, or medical treatment.
11		(b-7) Whenever a covered juvenile is on an administrative
12		hold, the Department shall provide the covered juvenile with
13		access to the same programs and services received by covered
14		juveniles in the general population. Any restrictions on
15		movement or access to programs and services shall be
16		documented and justified by the chief administrative officer.
17		(c) If a covered juvenile poses a serious and immediate
18		risk of physical harm to any individual, including the
19		juvenile, before a staff member of the facility places a
20		covered juvenile in room confinement, the staff member shall
21		attempt to use other less restrictive options, unless
22		attempting those options poses a threat to the safety or
23		security of any minor or staff.
24		(d) If a covered juvenile is placed in room confinement
25		because the covered juvenile poses a serious and immediate
26		risk of physical harm to himself or herself, or to others, the

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1		covered juvenile shall be released:
2		(1) immediately when the covered juvenile has
3		sufficiently gained control so as to no longer engage in
4		behavior that threatens serious and immediate risk of
5		physical harm to himself or herself, or to others; or
6		(2) no more than 24 hours after being placed in room
7		confinement if a covered juvenile does not sufficiently
8		gain control as described in paragraph (1) of this
9		subsection (d) and poses a serious and immediate risk of
10		physical harm to himself or herself or others, not later
11		than:
12		(A) 3 hours after being placed in room
13		confinement, in the case of a covered juvenile who
14		poses a serious and immediate risk of physical harm to
15		others; or
16		(B) 30 minutes after being placed in room
17		confinement, in the case of a covered juvenile who
18		poses a serious and immediate risk of physical harm
19		only to himself or herself.
20		(e) If, after the applicable maximum period of confinement
21		has expired, a covered juvenile continues to pose a serious
22		and immediate risk of physical harm to others:
23		(1) the covered juvenile shall be transferred to
24		another facility, when available, or internal location
25		where services can be provided to the covered juvenile
26		without relying on room confinement; or

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1		(2) if a qualified mental health professional believes
2		the level of crisis service needed is not currently
3		available, a staff member of the facility shall initiate a
4		referral to a location that can meet the needs of the
5		covered juvenile.
6		(f) Each facility detaining covered juveniles shall report
7		the use of each incident of room confinement to an independent
8		ombudsperson for the Department of Juvenile Justice each
9		month, including:
10		(1) the name of the covered juvenile;
11		(2) demographic data, including, at a minimum, age,
12		race, gender, and primary language;
13		(3) the reason for room confinement, including how
14		detention facility officials determined the covered
15		juvenile posed an immediate risk of physical harm to
16		others or to the covered juvenile him or herself;
17		(4) the length of room confinement;
18		(5) the number of covered juveniles transferred to
19		another facility or referred referral to a separate crisis
20		location covered under subsection (e); and
21		(6) the name of detention facility officials involved
22		in each instance of room confinement.
23		(g) An independent ombudsperson for the Department of
24		Juvenile Justice may review a detention facility's adherence
25		to this Section.
26		(Source: P.A. 103-178, eff. 1-1-24; revised 12-19-23.)

HB4844 Engrossed - 2047 - LRB103 39009 AMC 69146 b
1		Section 590. The Code of Civil Procedure is amended by
2		changing Sections 21-101, 21-102, 21-102.5, and 21-103 as
3		follows:
4		(735 ILCS 5/21-101) (from Ch. 110, par. 21-101)
5		Sec. 21-101. Proceedings; parties.
6		(a) If any person who is a resident of this State and has
7		resided in this State for 6 months desires to change his or her
8		name and to assume another name by which to be afterwards
9		called and known, the person may file a petition requesting
10		that relief in the circuit court of the county wherein he or
11		she resides.
12		(b) A person who has been convicted of any offense for
13		which a person is required to register under the Sex Offender
14		Registration Act, the Murderer and Violent Offender Against
15		Youth Registration Act, or the Arsonist Registration Act in
16		this State or any other state and who has not been pardoned is
17		not permitted to file a petition for a name change in the
18		courts of this State during the period that the person is
19		required to register, unless that person verifies under oath,
20		as provided under Section 1-109, that the petition for the
21		name change is due to marriage, religious beliefs, status as a
22		victim of trafficking or gender-related identity as defined by
23		the Illinois Human Rights Act. A judge may grant or deny the
24		request for legal name change filed by such persons. Any such

HB4844 Engrossed - 2048 - LRB103 39009 AMC 69146 b
1		persons granted a legal name change shall report the change to
2		the law enforcement agency having jurisdiction of their
3		current registration pursuant to the Duty to Report
4		requirements specified in Section 35 of the Arsonist
5		Registration Act, Section 20 of the Murderer and Violent
6		Offender Against Youth Registration Act, and Section 6 of the
7		Sex Offender Registration Act. For the purposes of this
8		subsection, a person will not face a felony charge if the
9		person's request for legal name change is denied without proof
10		of perjury.
11		(b-1) A person who has been convicted of a felony offense
12		in this State or any other state and whose sentence has not
13		been completed, terminated, or discharged is not permitted to
14		file a petition for a name change in the courts of this State
15		unless that person is pardoned for the offense.
16		(c) A petitioner may include his or her spouse and adult
17		unmarried children, with their consent, and his or her minor
18		children where it appears to the court that it is for their
19		best interest, in the petition and relief requested, and the
20		court's order shall then include the spouse and children.
21		Whenever any minor has resided in the family of any person for
22		the space of 3 years and has been recognized and known as an
23		adopted child in the family of that person, the application
24		herein provided for may be made by the person having that minor
25		in his or her family.
26		An order shall be entered as to a minor only if the court

HB4844 Engrossed - 2049 - LRB103 39009 AMC 69146 b
1		finds by clear and convincing evidence that the change is
2		necessary to serve the best interest of the child. In
3		determining the best interest of a minor child under this
4		Section, the court shall consider all relevant factors,
5		including:
6		(1) The wishes of the child's parents and any person
7		acting as a parent who has physical custody of the child.
8		(2) The wishes of the child and the reasons for those
9		wishes. The court may interview the child in chambers to
10		ascertain the child's wishes with respect to the change of
11		name. Counsel shall be present at the interview unless
12		otherwise agreed upon by the parties. The court shall
13		cause a court reporter to be present who shall make a
14		complete record of the interview instantaneously to be
15		part of the record in the case.
16		(3) The interaction and interrelationship of the child
17		with his or her parents or persons acting as parents who
18		have physical custody of the child, step-parents,
19		siblings, step-siblings, or any other person who may
20		significantly affect the child's best interest.
21		(4) The child's adjustment to his or her home, school,
22		and community.
23		(d) If it appears to the court that the conditions and
24		requirements under this Article have been complied with and
25		that there is no reason why the relief requested should not be
26		granted, the court, by an order to be entered of record, may

HB4844 Engrossed - 2050 - LRB103 39009 AMC 69146 b
1		direct and provide that the name of that person be changed in
2		accordance with the relief requested in the petition. If the
3		circuit court orders that a name change be granted to a person
4		who has been adjudicated or convicted of a felony or
5		misdemeanor offense under the laws of this State or any other
6		state for which a pardon has not been granted, or has an arrest
7		for which a charge has not been filed or a pending charge on a
8		felony or misdemeanor offense, a copy of the order, including
9		a copy of each applicable access and review response, shall be
10		forwarded to the Illinois State Police. The Illinois State
11		Police shall update any criminal history transcript or
12		offender registration of each person 18 years of age or older
13		in the order to include the change of name as well as his or
14		her former name.
15		(Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24;
16		revised 12-15-23.)
17		(735 ILCS 5/21-102) (from Ch. 110, par. 21-102)
18		Sec. 21-102. Petition; update criminal history transcript.
19		(a) The petition shall be a statewide standardized form
20		approved by the Illinois Supreme Court and shall set forth the
21		name then held, the name sought to be assumed, the residence of
22		the petitioner, the length of time the petitioner has resided
23		in this State, and the state or country of the petitioner's
24		nativity or supposed nativity. The petition shall include a
25		statement, verified under oath as provided under Section 1-109

HB4844 Engrossed - 2051 - LRB103 39009 AMC 69146 b
1		of this Code, whether or not the petitioner or any other person
2		18 years of age or older who will be subject to a change of
3		name under the petition if granted: (1) has been adjudicated
4		or convicted of a felony or misdemeanor offense under the laws
5		of this State or any other state for which a pardon has not
6		been granted; or (2) has an arrest for which a charge has not
7		been filed or a pending charge on a felony or misdemeanor
8		offense. The petition shall be signed by the person
9		petitioning or, in case of minors, by the parent or guardian
10		having the legal custody of the minor.
11		(b) If the statement provided under subsection (a) of this
12		Section indicates the petitioner or any other person 18 years
13		of age or older who will be subject to a change of name under
14		the petition, if granted, has been adjudicated or convicted of
15		a felony or misdemeanor offense under the laws of this State or
16		any other state for which a pardon has not been granted, or has
17		an arrest for which a charge has not been filed or a pending
18		charge on a felony or misdemeanor offense, the State's
19		Attorney may request the court to or the court may on its own
20		motion, require the person, prior to a hearing on the
21		petition, to initiate an update of his or her criminal history
22		transcript with the Illinois State Police. The Illinois State
23		Police Department shall allow a person to use the Access and
24		Review process, established by rule in the Illinois State
25		Police Department, for this purpose. Upon completion of the
26		update of the criminal history transcript, the petitioner

HB4844 Engrossed - 2052 - LRB103 39009 AMC 69146 b
1		shall file confirmation of each update with the court, which
2		shall seal the records from disclosure outside of court
3		proceedings on the petition.
4		(c) Any petition filed under subsection (a) shall include
5		the following: "WARNING: If you are required to register under
6		the Sex Offender Registration Act, the Murderer and Violent
7		Offender Against Youth Registration Act, or the Arsonist
8		Registration Act in this State or a similar law in any other
9		state and have not been pardoned, you will be committing a
10		felony under those respective Acts by seeking a change of name
11		during the registration period UNLESS your request for legal
12		name change is due to marriage, religious beliefs, status as a
13		victim of trafficking or gender related identity as defined by
14		the Illinois Human Rights Act.".
15		(Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24;
16		revised 12-15-23.)
17		(735 ILCS 5/21-102.5)
18		Sec. 21-102.5. Notice; objection.
19		(a) The circuit court clerk shall promptly serve a copy of
20		the petition on the State's Attorney and the Illinois State
21		Police if the statement provided under subsection (a) of
22		Section 21-102 indicates that the petitioner, or any other
23		person 18 years of age or older who will be subject to a change
24		of name under the petition, has been adjudicated or convicted
25		of a felony or misdemeanor offense under the laws of this State

HB4844 Engrossed - 2053 - LRB103 39009 AMC 69146 b
1		or any other state for which a pardon has not been granted, or
2		has an arrest for which a charge has not been filed or a
3		pending charge on a felony or misdemeanor offense.
4		(b) The State's Attorney may file an objection to the
5		petition. All objections shall be in writing, shall be filed
6		with the circuit court clerk, shall be served upon the
7		petitioner, and shall state with specificity the basis of the
8		objection. Objections to a petition must be filed within 30
9		days of the date of service of the petition upon the State's
10		Attorney if the petitioner:
11		(1) is the defendant in a pending criminal offense
12		charge; or
13		(2) has been convicted of identity theft, aggravated
14		identity theft, felony or misdemeanor criminal sexual
15		abuse when the victim of the offense at the time of its
16		commission is under 18 years of age, felony or misdemeanor
17		sexual exploitation of a child, felony or misdemeanor
18		indecent solicitation of a child, or felony or misdemeanor
19		indecent solicitation of an adult, and has not been
20		pardoned for the conviction.
21		(Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24;
22		revised 12-15-23)
23		(735 ILCS 5/21-103)
24		Sec. 21-103. Notice by publication.
25		(a) Previous notice shall be given of the intended

HB4844 Engrossed - 2054 - LRB103 39009 AMC 69146 b
1		application by publishing a notice thereof in some newspaper
2		published in the municipality in which the person resides if
3		the municipality is in a county with a population under
4		2,000,000, or if the person does not reside in a municipality
5		in a county with a population under 2,000,000, or if no
6		newspaper is published in the municipality or if the person
7		resides in a county with a population of 2,000,000 or more,
8		then in some newspaper published in the county where the
9		person resides, or if no newspaper is published in that
10		county, then in some convenient newspaper published in this
11		State. The notice shall be inserted for 3 consecutive weeks
12		after filing, the first insertion to be at least 6 weeks before
13		the return day upon which the petition is to be heard, and
14		shall be signed by the petitioner or, in case of a minor, the
15		minor's parent or guardian, and shall set forth the return day
16		of court on which the petition is to be heard and the name
17		sought to be assumed.
18		(b) The publication requirement of subsection (a) shall
19		not be required in any application for a change of name
20		involving a minor if, before making judgment under this
21		Article, reasonable notice and opportunity to be heard is
22		given to any parent whose parental rights have not been
23		previously terminated and to any person who has physical
24		custody of the child. If any of these persons are outside this
25		State, notice and opportunity to be heard shall be given under
26		Section 21-104.

HB4844 Engrossed - 2055 - LRB103 39009 AMC 69146 b
1		(b-3) The publication requirement of subsection (a) shall
2		not be required in any application for a change of name
3		involving a person who has received a judgment of for
4		dissolution of marriage or declaration of invalidity of
5		marriage and wishes to change his or her name to resume the use
6		of his or her former or maiden name.
7		(b-5) The court may issue an order directing that the
8		notice and publication requirement be waived for a change of
9		name involving a person who files with the court a statement,
10		verified under oath as provided under Section 1-109 of this
11		Code, that the person believes that publishing notice of the
12		name change would be a hardship, including, but not limited
13		to, a negative impact on the person's health or safety.
14		(b-6) In a case where waiver of the notice and publication
15		requirement is sought, the petition for waiver is presumed
16		granted and heard at the same hearing as the petition for name
17		change. The court retains discretion to determine whether a
18		hardship is shown and may order the petitioner to publish
19		thereafter.
20		(c) The Director of the Illinois State Police or his or her
21		designee may apply to the circuit court for an order directing
22		that the notice and publication requirements of this Section
23		be waived if the Director or his or her designee certifies that
24		the name change being sought is intended to protect a witness
25		during and following a criminal investigation or proceeding.
26		(c-1) The court may also enter a written order waiving the

HB4844 Engrossed - 2056 - LRB103 39009 AMC 69146 b
1		publication requirement of subsection (a) if:
2		(i) the petitioner is 18 years of age or older; and
3		(ii) concurrent with the petition, the petitioner
4		files with the court a statement, verified under oath as
5		provided under Section 1-109 of this Code, attesting that
6		the petitioner is or has been a person protected under the
7		Illinois Domestic Violence Act of 1986, the Stalking No
8		Contact Order Act, the Civil No Contact Order Act, Article
9		112A of the Code of Criminal Procedure of 1963, a
10		condition of pretrial release under subsections (b)
11		through (d) of Section 110-10 of the Code of Criminal
12		Procedure of 1963, or a similar provision of a law in
13		another state or jurisdiction.
14		The petitioner may attach to the statement any supporting
15		documents, including relevant court orders.
16		(c-2) If the petitioner files a statement attesting that
17		disclosure of the petitioner's address would put the
18		petitioner or any member of the petitioner's family or
19		household at risk or reveal the confidential address of a
20		shelter for domestic violence victims, that address may be
21		omitted from all documents filed with the court, and the
22		petitioner may designate an alternative address for service.
23		(c-3) Court administrators may allow domestic abuse
24		advocates, rape crisis advocates, and victim advocates to
25		assist petitioners in the preparation of name changes under
26		subsection (c-1).

HB4844 Engrossed - 2057 - LRB103 39009 AMC 69146 b
1		(c-4) If the publication requirements of subsection (a)
2		have been waived, the circuit court shall enter an order
3		impounding the case.
4		(d) The maximum rate charged for publication of a notice
5		under this Section may not exceed the lowest classified rate
6		paid by commercial users for comparable space in the newspaper
7		in which the notice appears and shall include all cash
8		discounts, multiple insertion discounts, and similar benefits
9		extended to the newspaper's regular customers.
10		(Source: P.A. 101-81, eff. 7-12-19; 101-203, eff. 1-1-20;
11		101-652, eff. 1-1-23; 102-538, eff. 8-20-21; 102-813, eff.
12		5-13-22; 102-1133, eff. 1-1-24; revised 12-15-23.)
13		Section 595. The Eminent Domain Act is amended by setting
14		forth, renumbering, and changing multiple versions of Section
15		25-5-105 as follows:
16		(735 ILCS 30/25-5-105)
17		(Section scheduled to be repealed on May 31, 2025)
18		Sec. 25-5-105. Quick-take; Menard County; Athens Blacktop.
19		(a) Quick-take proceedings under Article 20 may be used
20		for a period of one year after May 31, 2025 (the effective date
21		of Public Act 103-3) this amendatory Act of the 103rd General
22		Assembly by Menard County for the acquisition of the following
23		described property for the purpose of reconstructing the
24		Athens Blacktop corridor.

HB4844 Engrossed - 2058 - LRB103 39009 AMC 69146 b
1		Route: FAS 574/Athens Blacktop Road
2		County: Menard
3		Parcel No.: D-18
4		P.I.N. No.: 12-28-400-006
5		Section: 09-00056-05-EG
6		Station: RT 181+94.77
7		Station: RT 188+48.97
8		A part of the Southeast Quarter of Section 28,
9		Township 18 North, Range 6 West of the Third Principal
10		Meridian, described as follows:
11		Commencing at the Northeast corner of the Southeast
12		Quarter of said Section 28; thence South 89 degrees 42
13		minutes 06 seconds West along the north line of the
14		Southeast Quarter of said Section 28, a distance of 669.81
15		feet to the northeast parcel corner and the point of
16		beginning; thence South 02 degrees 24 minutes 13 seconds
17		East along the east parcel line, 80.48 feet; thence South
18		72 degrees 55 minutes 03 seconds West, 103.39 feet; thence
19		South 89 degrees 43 minutes 40 seconds West, 150.00 feet;
20		thence North 86 degrees 08 minutes 49 seconds West, 405.10
21		feet to the west parcel line; thence North 01 degree 06
22		minutes 28 seconds West along said line, 80.89 feet to the
23		north line of the Southeast Quarter of said Section 28;
24		thence North 89 degrees 42 minutes 06 seconds East along
25		said line, 651.20 feet to the point of beginning,

HB4844 Engrossed - 2059 - LRB103 39009 AMC 69146 b
1		containing 0.860 acres, more or less of new right of way
2		and 0.621 acres, more or less of existing right of way.
3		Route: FAS 574/Athens Blacktop Road
4		County: Menard
5		Parcel No.: D-19
6		P.I.N. No.: 12-28-400-007
7		Section: 09-00056-05-EG
8		Station: RT 188+46.59
9		Station: RT 191+17.37
10		A part of the Southeast Quarter of Section 28,
11		Township 18 North, Range 6 West of the Third Principal
12		Meridian, described as follows:
13		Commencing at the Northeast corner of the Southeast
14		Quarter of said Section 28; thence South 89 degrees 42
15		minutes 06 seconds West along the north line of the
16		Southeast Quarter of said Section 28, a distance of 399.89
17		feet to the northeast parcel corner and the point of
18		beginning; thence South 01 degree 10 minutes 54 seconds
19		East along the east parcel line, 92.67 feet; thence South
20		80 degrees 35 minutes 32 seconds West, 17.59 feet; thence
21		South 89 degrees 43 minutes 40 seconds West, 75.00 feet;
22		thence North 00 degrees 16 minutes 20 seconds West, 45.45
23		feet to the existing southerly right of way line of Athens
24		Blacktop Road (FAS 574); thence South 89 degrees 42
25		minutes 25 seconds West along said line, 75.00 feet;

HB4844 Engrossed - 2060 - LRB103 39009 AMC 69146 b
1		thence South 72 degrees 55 minutes 03 seconds West, 105.54
2		feet to the west parcel line; thence North 02 degrees 24
3		minutes 13 seconds West along said line, 80.48 feet to the
4		north line of the Southeast Quarter of said Section 28;
5		thence North 89 degrees 42 minutes 06 seconds East along
6		said line, 269.92 feet to the point of beginning,
7		containing 0.137 acres, more or less of new right of way
8		and 0.303 acres, more or less of existing right of way.
9		(b) This Section is repealed May 31, 2025 (2 years after
10		the effective date of Public Act 103-3) this amendatory Act of
11		the 103rd General Assembly.
12		(Source: P.A. 103-3, eff. 5-31-23; revised 7-27-23.)
13		(735 ILCS 30/25-5-107)
14		(Section scheduled to be repealed on June 9, 2026)
15		Sec. 25-5-107 25-5-105. Quick-take; Will County; Cedar
16		Road; Francis Road.
17		(a) Quick-take proceedings under Article 20 may be used
18		for a period of 2 years after June 9, 2023 (the effective date
19		of Public Act 103-10) this amendatory Act of the 103rd General
20		Assembly by Will County for the acquisition of the following
21		described property for the purpose of road construction:
22		Route: C.H.4 Cedar Road
23		Section: 20-00051-09-CH
24		County: Will

HB4844 Engrossed - 2061 - LRB103 39009 AMC 69146 b
1		Parcel No: IL T0001
2		Station: 109+23.08 to 110+04.95
3		Index No.: 15-08-09-406-002
4		THAT PART OF LOT 1 IN WILMSEN'S SUBDIVISION OF LOTS 1 AND 8 OF
5		ARTHUR T. MCINTOSH AND COMPANY'S ADDITION TO NEW LENOX, A
6		SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF SECTION 9, AND
7		PART OF THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 35
8		NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,
9		ACCORDING TO THE PLAT THEREOF RECORDED JULY 10, 1948 AS
10		DOCUMENT NUMBER 642528, IN WILL COUNTY, ILLINOIS, BEARINGS AND
11		DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,
12		EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A COMBINED FACTOR OF
13		0.9999586959 DESCRIBED AS FOLLOWS:
14		BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE SOUTH
15		01 DEGREES 30 MINUTES 42 SECONDS EAST ALONG THE EAST LINE OF
16		SAID LOT 1, ALSO BEING THE WEST LINE OF CEDAR ROAD, BEING A
17		LINE 33.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID
18		SOUTHEAST QUARTER, 81.87 FEET; THENCE SOUTH 88 DEGREES 29
19		MINUTES 18 SECONDS WEST, 5.00 FEET; THENCE NORTH 01 DEGREES 30
20		MINUTES 42 SECONDS WEST ALONG A LINE 5.00 FEET WEST OF AND
21		PARALLEL WITH SAID WEST LINE OF CEDAR ROAD, 48.67 FEET; THENCE
22		NORTH 46 DEGREES 55 MINUTES 15 SECONDS WEST, 39.62 FEET TO THE
23		NORTHERLY LINE OF SAID LOT 1, ALSO BEING THE SOUTHERLY LINE OF
24		FRANCIS ROAD AS MONUMENTED AND OCCUPIED; THENCE NORTH 79
25		DEGREES 17 MINUTES 03 SECONDS EAST ALONG SAID SOUTHERLY LINE
26		OF FRANCIS ROAD, 33.65 FEET TO THE PLACE OF BEGINNING.

HB4844 Engrossed - 2062 - LRB103 39009 AMC 69146 b
1		SAID PARCEL CONTAINING 0.020 ACRES, MORE OR LESS.
2		Route: C.H. 64 Francis Road
3		Section: 20-00051-09-CH
4		County: Will
5		Parcel No: IL T0001TE-A
6		Station: 208+19.76 to 210+13.46
7		Index No.:15-08-09-406-001
8		15-08-09-406-002
9		THAT PART OF LOTS 1 AND 2 IN WILMSEN'S SUBDIVISION OF LOTS 1
10		AND 8 OF ARTHUR T. MCINTOSH AND COMPANY'S ADDITION TO NEW
11		LENOX, A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF
12		SECTION 9, AND PART OF THE NORTHEAST QUARTER OF SECTION 16,
13		TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL
14		MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 10, 1948
15		AS DOCUMENT NUMBER 642528, IN WILL COUNTY, ILLINOIS, BEARINGS
16		AND DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE
17		SYSTEM, EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A COMBINED
18		FACTOR OF 0.9999586959, DESCRIBED AS FOLLOWS:
19		COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE SOUTH
20		79 DEGREES 17 MINUTES 03 SECONDS WEST ALONG THE NORTHERLY LINE
21		OF SAID LOT 1, ALSO BEING THE SOUTHERLY LINE OF FRANCIS ROAD AS
22		MONUMENTED AND OCCUPIED, 33.65 FEET FOR THE PLACE OF
23		BEGINNING; THENCE SOUTH 46 DEGREES 55 MINUTES 15 SECONDS EAST,
24		6.20 FEET; THENCE SOUTH 79 DEGREES 17 MINUTES 03 SECONDS WEST
25		ALONG A LINE 5.00 FEET SOUTH OF AND PARALLEL WITH SAID

HB4844 Engrossed - 2063 - LRB103 39009 AMC 69146 b
1		SOUTHERLY LINE OF FRANCIS ROAD, 71.83 FEET; THENCE SOUTH 10
2		DEGREES 42 MINUTES 57 SECONDS EAST, 10.00 FEET; THENCE SOUTH
3		79 DEGREES 17 MINUTES 03 SECONDS WEST ALONG A LINE 15.00 FEET
4		SOUTH OF AND PARALLEL WITH SAID SOUTHERLY LINE OF FRANCIS
5		ROAD, 33.19 FEET; THENCE NORTH 10 DEGREES 42 MINUTES 57
6		SECONDS WEST, 10.00 FEET; THENCE SOUTH 79 DEGREES 17 MINUTES
7		03 SECONDS WEST ALONG A LINE 5.00 FEET SOUTH OF AND PARALLEL
8		WITH SAID SOUTHERLY LINE OF FRANCIS ROAD, 88.67 FEET TO THE
9		WEST LINE OF SAID LOT 2; THENCE NORTH 01 DEGREES 30 MINUTES 42
10		SECONDS WEST ALONG SAID WEST LINE OF LOT 2, A DISTANCE OF 5.07
11		FEET TO THE NORTHWEST CORNER THEREOF; THENCE NORTH 79 DEGREES
12		17 MINUTES 03 SECONDS EAST ALONG SAID SOUTHERLY LINE OF
13		FRANCIS ROAD, 189.22 FEET TO THE PLACE OF BEGINNING.
14		SAID PARCEL CONTAINING 0.030 ACRES, MORE OR LESS.
15		REVISION DATE: 05-26-2022
16		Route: C.H.4 Cedar Road
17		Section: 20-00051-09-CH
18		County: Will
19		Parcel No: IL T0001TE-B
20		Station: 107+04.56 to 109+76.68
21		Index No.: 15-08-09-406-002
22		15-08-09-406-003
23		15-08-09-406-004
24		THAT PART OF LOTS 1, 3 AND 4 IN WILMSEN'S SUBDIVISION OF LOTS 1
25		AND 8 OF ARTHUR T. MCINTOSH AND COMPANY'S ADDITION TO NEW

HB4844 Engrossed - 2064 - LRB103 39009 AMC 69146 b
1		LENOX, A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF
2		SECTION 9, AND PART OF THE NORTHEAST QUARTER OF SECTION 16,
3		TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL
4		MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 10, 1948
5		AS DOCUMENT NUMBER 642528, IN WILL COUNTY, ILLINOIS, BEARINGS
6		AND DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE
7		SYSTEM, EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A COMBINED
8		FACTOR OF 0.9999586959, DESCRIBED AS FOLLOWS:
9		COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE SOUTH
10		01 DEGREES 30 MINUTES 42 SECONDS EAST ALONG THE EAST LINE OF
11		SAID LOT 1, ALSO BEING THE WEST LINE OF CEDAR ROAD, BEING A
12		LINE 33.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE
13		SOUTHEAST QUARTER OF SAID SECTION 9, A DISTANCE OF 81.87 FEET
14		FOR THE PLACE OF BEGINNING; THENCE CONTINUING SOUTH 01 DEGREES
15		30 MINUTES 42 SECONDS EAST ALONG SAID WEST LINE OF CEDAR ROAD,
16		218.52 FEET TO THE SOUTH LINE OF SAID LOT 4; THENCE SOUTH 88
17		DEGREES 55 MINUTES 56 SECONDS WEST ALONG SAID SOUTH LINE,
18		10.00 FEET; THENCE NORTH 01 DEGREES 30 MINUTES 42 SECONDS WEST
19		ALONG A LINE 10.00 FEET WEST OF AND PARALLEL WITH SAID WEST
20		LINE OF CEDAR ROAD, 272.05 FEET; THENCE SOUTH 46 DEGREES 55
21		MINUTES 15 SECONDS EAST, 7.02 FEET; THENCE SOUTH 01 DEGREES 30
22		MINUTES 42 SECONDS EAST ALONG A LINE 5.00 FEET WEST OF AND
23		PARALLEL WITH SAID WEST LINE OF CEDAR ROAD, 48.67 FEET; THENCE
24		NORTH 88 DEGREES 29 MINUTES 18 SECONDS EAST, 5.00 FEET TO THE
25		PLACE OF BEGINNING.
26		SAID PARCEL CONTAINING 0.056 ACRES, MORE OR LESS.

HB4844 Engrossed - 2065 - LRB103 39009 AMC 69146 b
1		Route: C.H.4 Cedar Road
2		Section: 20-00051-09-CH
3		County: Will
4		Parcel No: IL T0002
5		Station: 110+78.28 to 111+36.28
6		Index No.: 15-08-09-402-027
7		THAT PART OF LOT 1 IN SHELDON HAUCKS' SUBDIVISION, BEING A
8		SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST
9		QUARTER OF SECTION 9, TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE
10		THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
11		RECORDED JULY 30, 1955 AS DOCUMENT NUMBER 778985, IN WILL
12		COUNTY, ILLINOIS, BEARINGS AND DISTANCES BASED ON THE ILLINOIS
13		STATE PLANE COORDINATE SYSTEM, EAST ZONE, NAD83 (2011
14		ADJUSTMENT), WITH A COMBINED FACTOR OF 0.9999586959; DESCRIBED
15		AS FOLLOWS:
16		BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE SOUTH
17		79 DEGREES 17 MINUTES 03 SECONDS WEST ALONG THE SOUTH LINE OF
18		SAID LOT 1, ALSO BEING THE NORTHERLY LINE OF FRANCIS ROAD AS
19		MONUMENTED AND OCCUPIED, A DISTANCE OF 50.00 FEET; THENCE
20		NORTH 38 DEGREES 53 MINUTES 10 SECONDS EAST, 76.16 FEET TO THE
21		EAST LINE OF SAID LOT 1, ALSO BEING THE WEST LINE OF CEDAR
22		ROAD, BEING A LINE 50 FEET WEST OF AND PARALLEL WITH THE EAST
23		LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 9; THENCE SOUTH
24		01 DEGREES 30 MINUTES 42 SECONDS EAST ALONG SAID WEST LINE OF
25		CEDAR ROAD, 50.00 FEET TO THE PLACE OF BEGINNING.

HB4844 Engrossed - 2066 - LRB103 39009 AMC 69146 b
1		SAID PARCEL CONTAINING 0.028 ACRES, MORE OR LESS.
2		Route: C.H. 64 Francis Road
3		Section: 20-00051-09-CH
4		County: Will
5		Parcel No: IL T0002TE-A
6		Station: 209+19.56 to 210+01.42
7		Index No.: 15-08-09-402-027
8		THAT PART OF LOT 1 IN SHELDON HAUCKS' SUBDIVISION, BEING A
9		SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST
10		QUARTER OF SECTION 9, TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE
11		THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
12		RECORDED JULY 30, 1955 AS DOCUMENT NUMBER 778985, IN WILL
13		COUNTY, ILLINOIS, BEARINGS AND DISTANCES BASED ON THE ILLINOIS
14		STATE PLANE COORDINATE SYSTEM, EAST ZONE, NAD83 (2011
15		ADJUSTMENT), WITH A COMBINED FACTOR OF 0.9999586959; DESCRIBED
16		AS FOLLOWS:
17		COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE SOUTH
18		79 DEGREES 17 MINUTES 03 SECONDS WEST ALONG THE SOUTH LINE OF
19		SAID LOT 1, ALSO BEING THE NORTHERLY LINE OF FRANCIS ROAD AS
20		MONUMENTED AND OCCUPIED, A DISTANCE OF 50.00 FEET FOR THE
21		PLACE OF BEGINNING; THENCE CONTINUING SOUTH 79 DEGREES 17
22		MINUTES 03 SECONDS WEST ALONG SAID SOUTH LINE OF LOT 1, A
23		DISTANCE OF 70.11 FEET; THENCE NORTH 10 DEGREES 42 MINUTES 57
24		SECONDS WEST, 10.00 FEET; THENCE NORTH 79 DEGREES 17 MINUTES
25		03 SECONDS EAST ALONG A LINE 10.00 FEET NORTH OF AND PARALLEL

HB4844 Engrossed - 2067 - LRB103 39009 AMC 69146 b
1		WITH SAID SOUTH LINE OF LOT 1, A DISTANCE OF 81.86 FEET; THENCE
2		SOUTH 38 DEGREES 53 MINUTES 10 SECONDS WEST, 15.43 FEET TO THE
3		PLACE OF BEGINNING.
4		SAID PARCEL CONTAINING 0.017 ACRES, MORE OR LESS.
5		Route: C.H.4 Cedar Road
6		Section: 20-00051-09-CH
7		County: Will
8		Parcel No: IL T0002TE-B
9		Station: 111+24.53 to 111+97.97
10		Index No.: 15-08-09-402-027
11		THAT PART OF LOT 1 IN SHELDON HAUCKS' SUBDIVISION, BEING A
12		SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST
13		QUARTER OF SECTION 9, TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE
14		THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
15		RECORDED JULY 30, 1955 AS DOCUMENT NUMBER 778985, IN WILL
16		COUNTY, ILLINOIS, BEARINGS AND DISTANCES BASED ON THE ILLINOIS
17		STATE PLANE COORDINATE SYSTEM, EAST ZONE, NAD83 (2011
18		ADJUSTMENT), WITH A COMBINED FACTOR OF 0.9999586959; DESCRIBED
19		AS FOLLOWS:
20		COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE NORTH
21		01 DEGREES 30 MINUTES 42 SECONDS WEST ALONG THE EAST LINE OF
22		SAID LOT 1, ALSO BEING THE WEST LINE OF CEDAR ROAD, BEING A
23		LINE 50 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID
24		SOUTHEAST QUARTER, A DISTANCE OF 50.00 FEET FOR THE PLACE OF
25		BEGINNING; THENCE SOUTH 38 DEGREES 53 MINUTES 10 SECONDS WEST,

HB4844 Engrossed - 2068 - LRB103 39009 AMC 69146 b
1		15.43 FEET; THENCE NORTH 01 DEGREES 30 MINUTES 42 SECONDS WEST
2		ALONG A LINE 10.00 FEET WEST OF AND PARALLEL WITH SAID WEST
3		LINE OF CEDAR ROAD, A DISTANCE OF 73.44 FEET; THENCE NORTH 88
4		DEGREES 29 MINUTES 18 SECONDS EAST, 10.00 FEET TO SAID WEST
5		LINE OF CEDAR ROAD; THENCE SOUTH 01 DEGREES 30 MINUTES 42
6		SECONDS EAST ALONG SAID WEST LINE OF CEDAR ROAD, A DISTANCE OF
7		61.69 FEET TO THE PLACE OF BEGINNING.
8		SAID PARCEL CONTAINING 0.015 ACRES, MORE OR LESS.
9		Route: C.H.4 Cedar Road
10		Section: 20-00051-09-CH
11		County: Will
12		Parcel No: IL T0003
13		Station: 110+82.35 to 111+62.35
14		Index No.: 15-08-10-300-040
15		THAT PART OF LOT 9 IN ARTHUR T. MCINTOSH AND COMPANY'S NEW
16		LENOX ACRES, A SUBDIVISION IN SECTIONS 10 AND 15, TOWNSHIP 35
17		NORTH, AND RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,
18		ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS
19		DOCUMENT 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND
20		DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,
21		EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A COMBINED FACTOR OF
22		0.9999586959 DESCRIBED AS FOLLOWS:
23		BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 9; THENCE NORTH
24		01 DEGREES 30 MINUTES 42 SECONDS WEST ALONG THE WEST LINE OF
25		SAID LOT 9, BEING ALSO THE EAST RIGHT-OF-WAY LINE OF CEDAR

HB4844 Engrossed - 2069 - LRB103 39009 AMC 69146 b
1		ROAD, 80.00 FEET; THENCE SOUTH 26 DEGREES 23 MINUTES 36
2		SECONDS EAST, 82.17 FEET TO THE SOUTH LINE OF SAID LOT 9, BEING
3		ALSO THE NORTH RIGHT-OF-WAY LINE OF FRANCIS ROAD; THENCE SOUTH
4		79 DEGREES 30 MINUTES 57 SECONDS WEST ALONG SAID SOUTH LINE OF
5		LOT 9, A DISTANCE OF 35.00 FEET TO THE PLACE OF BEGINNING.
6		SAID PARCEL CONTAINING 0.032 ACRES, MORE OR LESS.
7		REVISION DATE: 05-26-2022
8		Route: C.H.4 Cedar Road
9		Section: 20-00051-09-CH
10		County: Will
11		Parcel No: IL T0003PE
12		Station: 111+51.57 to 114+33.66
13		Index No.: 15-08-10-300-040
14		THAT PART OF LOTS 8 AND 9, IN ARTHUR T. MCINTOSH AND COMPANY'S
15		NEW LENOX ACRES, A SUBDIVISION IN SECTIONS 10 AND 15, TOWNSHIP
16		35 NORTH, AND RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,
17		ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS
18		DOCUMENT 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND
19		DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,
20		EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A COMBINED FACTOR OF
21		0.9999586959 DESCRIBED AS FOLLOWS:
22		COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 9; THENCE NORTH
23		01 DEGREES 30 MINUTES 42 SECONDS WEST ALONG THE WEST LINE OF
24		SAID LOT 9, BEING ALSO THE EAST RIGHT-OF-WAY LINE OF CEDAR
25		ROAD, 80.00 FEET FOR THE PLACE OF BEGINNING; THENCE CONTINUING

HB4844 Engrossed - 2070 - LRB103 39009 AMC 69146 b
1		NORTH 01 DEGREES 30 MINUTES 42 SECONDS WEST ALONG SAID WEST
2		LINES OF LOT 9 AND LOT 8, A DISTANCE OF 271.27 FEET TO THE
3		SOUTH LINE OF THE NORTH 100 FEET OF SAID LOT 8; THENCE NORTH 88
4		DEGREES 19 MINUTES 08 SECONDS EAST ALONG SAID SOUTH LINE,
5		17.00 FEET; THENCE SOUTH 01 DEGREES 30 MINUTES 42 SECONDS
6		EAST, 7.00 FEET; THENCE SOUTH 88 DEGREES 19 MINUTES 08 SECONDS
7		WEST, 12.00 FEET; THENCE SOUTH 01 DEGREES 30 MINUTES 42
8		SECONDS EAST ALONG A LINE 5.00 FEET EAST OF AND PARALLEL WITH
9		THE WEST LINE OF SAID LOT 9, A DISTANCE OF 275.06 FEET; THENCE
10		NORTH 26 DEGREES 23 MINUTES 36 SECONDS WEST, 11.88 FEET TO THE
11		PLACE OF BEGINNING.
12		SAID PARCEL CONTAINING 0.034 ACRES, MORE OR LESS.
13		REVISION DATE: 05-26-2022
14		Route: C.H.4 Cedar Road
15		Section: 20-00051-09-CH
16		County: Will
17		Parcel No: IL T0003TE
18		Station: 110+87.81 to 114+26.66
19		Index No.: 15-08-10-300-040
20		THAT PART OF LOTS 8 AND 9, IN ARTHUR T. MCINTOSH AND COMPANY'S
21		NEW LENOX ACRES, A SUBDIVISION IN SECTIONS 10 AND 15, TOWNSHIP
22		35 NORTH, AND RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,
23		ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS
24		DOCUMENT 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND
25		DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,

HB4844 Engrossed - 2071 - LRB103 39009 AMC 69146 b
1		EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A COMBINED FACTOR OF
2		0.9999586959 DESCRIBED AS FOLLOWS:
3		COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 9; THENCE NORTH
4		01 DEGREES 30 MINUTES 42 SECONDS WEST ALONG THE WEST LINE OF
5		SAID LOT 9, BEING ALSO THE EAST RIGHT-OF-WAY LINE OF CEDAR
6		ROAD, 80.00 FEET; THENCE SOUTH 26 DEGREES 23 MINUTES 36
7		SECONDS EAST, 11.88 FEET FOR THE PLACE OF BEGINNING; THENCE
8		NORTH 01 DEGREES 30 MINUTES 42 SECONDS WEST ALONG A LINE 5.00
9		FEET EAST OF AND PARALLEL WITH SAID WEST LINES OF LOT 9 AND LOT
10		8, A DISTANCE OF 275.06 FEET; THENCE NORTH 88 DEGREES 19
11		MINUTES 08 SECONDS EAST, 12.00 FEET; THENCE SOUTH 01 DEGREES
12		30 MINUTES 42 SECONDS EAST ALONG A LINE 17.00 FEET EAST OF AND
13		PARALLEL WITH THE WEST LINE OF SAID LOT 9, A DISTANCE OF 257.47
14		FEET; THENCE SOUTH 26 DEGREES 23 MINUTES 36 SECONDS EAST,
15		76.04 FEET; THENCE NORTH 79 DEGREES 30 MINUTES 57 SECONDS EAST
16		ALONG A LINE 10.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH
17		LINE OF SAID LOT 9, BEING ALSO THE NORTH RIGHT-OF-WAY LINE OF
18		FRANCIS ROAD, 198.02 FEET; THENCE SOUTH 02 DEGREE 14 MINUTES
19		14 SECONDS EAST, 10.10 FEET TO SAID SOUTH LINE OF LOT 9; THENCE
20		SOUTH 79 DEGREES 30 MINUTES 57 SECONDS WEST ALONG SAID SOUTH
21		LINE OF LOT 9, A DISTANCE OF 212.75 FEET; THENCE NORTH 26
22		DEGREES 23 MINUTES 36 SECONDS WEST, 70.28 FEET TO THE PLACE OF
23		BEGINNING.
24		SAID PARCEL CONTAINING 0.151 ACRES, MORE OR LESS.
25		REVISION DATE: 05-26-2022

HB4844 Engrossed - 2072 - LRB103 39009 AMC 69146 b
1		Route: C.H. 64 Francis Road
2		Section: 20-00051-09-CH
3		County: Will
4		Parcel No: IL T0004
5		Station: 213+68.59 to 214+69.31
6		Index No.: 15-08-10-300-037
7		THE SOUTH 5.00 FEET OF THAT PART OF LOT 9 IN ARTHUR T. MCINTOSH
8		AND COMPANY'S NEW LENOX ACRES, A SUBDIVISION IN SECTIONS 10
9		AND 15, TOWNSHIP 35 NORTH, AND RANGE 11 EAST OF THE THIRD
10		PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED
11		JULY 16, 1927 AS DOCUMENT 408969, IN WILL COUNTY, ILLINOIS,
12		BEARINGS AND DISTANCES BASED ON THE ILLINOIS STATE PLANE
13		COORDINATE SYSTEM, EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A
14		COMBINED FACTOR OF 0.9999586959 DESCRIBED AS FOLLOWS:
15		COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID LOT 9 AND
16		RUNNING SOUTHWESTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 9,
17		311.53 FEET TO THE POINT OF BEGINNING; THENCE NORTH 175 FEET,
18		THENCE SOUTHWESTERLY ON A LINE PARALLEL WITH THE SOUTHERLY
19		LINE OF SAID LOT 9, 100 FEET, THENCE SOUTH 175 FEET TO THE
20		SOUTHERLY LINE OF SAID LOT 9, THENCE NORTHEASTERLY ALONG THE
21		SOUTHERLY LINE OF SAID LOT 9, 100 FEET TO THE POINT OF
22		BEGINNING.
23		SAID PARCEL CONTAINING 0.011 ACRES, MORE OR LESS.
24		REVISION DATE: 05-26-2022
25		Route: C.H. 64 Francis Road

HB4844 Engrossed - 2073 - LRB103 39009 AMC 69146 b
1		Section: 20-00051-09-CH
2		County: Will
3		Parcel No: IL T0005
4		Station: 214+68.59 to 215+00.84
5		Index No.: 15-08-10-300-047
6		THE SOUTHERLY 5 FEET (MEASURING 31.53 FEET) OF LOT 9 OF THAT
7		PART OF LOTS 8 AND 9 IN ARTHUR T. MCINTOSH AND COMPANY'S NEW
8		LENOX ACRES, A SUBDIVISION IN SECTIONS 10 AND 15, TOWNSHIP 35
9		NORTH, AND RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,
10		ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS
11		DOCUMENT 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND
12		DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,
13		EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A COMBINED FACTOR OF
14		0.9999586959 DESCRIBED AS FOLLOWS:
15		BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 8; THENCE SOUTH
16		ALONG THE EAST LINE OF SAID LOTS 8 AND 9 TO A POINT 175 FEET
17		NORTH OF THE SOUTHEAST CORNER OF SAID LOT 9; THENCE
18		SOUTHWESTERLY 280 FEET PARALLEL WITH THE SOUTHWESTERLY LINE OF
19		SAID LOT 9; THENCE SOUTH 175 FEET PARALLEL WITH SAID EAST LINE
20		TO THE SOUTHERLY LINE OF SAID LOT 9; THENCE SOUTHWESTERLY
21		31.53 FEET ALONG SAID SOUTHERLY LINE; THENCE NORTH 175 FEET
22		PARALLEL WITH SAID EAST LINE; THENCE SOUTHWESTERLY 100 FEET
23		PARALLEL WITH SAID SOUTHERLY LINE; THENCE NORTH PARALLEL WITH
24		SAID EAST LINE TO A POINT 100 FEET SOUTH OF THE NORTH LINE OF
25		SAID LOT 8; THENCE WEST PARALLEL WITH SAID NORTH LINE TO A
26		POINT 175 FEET EAST OF THE WEST LINE OF SAID LOT 8; THENCE

HB4844 Engrossed - 2074 - LRB103 39009 AMC 69146 b
1		NORTH 100 FEET PARALLEL WITH SAID WEST LINE TO THE NORTH LINE
2		OF SAID LOT 8; THENCE EAST ALONG SAID NORTH LINE TO THE POINT
3		OF BEGINNING, IN WILL COUNTY, ILLINOIS.
4		SAID PARCEL CONTAINING 0.004 ACRES (158 SQUARE FEET), MORE OR
5		LESS.
6		Route: C.H. 64 Francis Road
7		Section: 20-00051-09-CH
8		County: Will
9		Parcel No: IL T0005TE
10		Station: 214+69.31 to 215+02.29
11		Index No.: 15-08-10-300-047
12		THE NORTHERLY 10 FEET OF THE SOUTHERLY 15 FEET (MEASURING
13		31.53 FEET) OF LOT 9 OF THAT PART OF LOTS 8 AND 9 IN ARTHUR T.
14		MCINTOSH AND COMPANY'S NEW LENOX ACRES, A SUBDIVISION IN
15		SECTIONS 10 AND 15, TOWNSHIP 35 NORTH, AND RANGE 11 EAST OF THE
16		THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
17		RECORDED JULY 16, 1927 AS DOCUMENT 408969, IN WILL COUNTY,
18		ILLINOIS, BEARINGS AND DISTANCES BASED ON THE ILLINOIS STATE
19		PLANE COORDINATE SYSTEM, EAST ZONE, NAD83 (2011 ADJUSTMENT)
20		WITH A COMBINED FACTOR OF 0.9999586959 DESCRIBED AS FOLLOWS:
21		BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 8; THENCE SOUTH
22		ALONG THE EAST LINE OF SAID LOTS 8 AND 9 TO A POINT 175 FEET
23		NORTH OF THE SOUTHEAST CORNER OF SAID LOT 9; THENCE
24		SOUTHWESTERLY 280 FEET PARALLEL WITH THE SOUTHWESTERLY LINE OF
25		SAID LOT 9; THENCE SOUTH 175 FEET PARALLEL WITH SAID EAST LINE

HB4844 Engrossed - 2075 - LRB103 39009 AMC 69146 b
1		TO THE SOUTHERLY LINE OF SAID LOT 9; THENCE SOUTHWESTERLY
2		31.53 FEET ALONG SAID SOUTHERLY LINE; THENCE NORTH 175 FEET
3		PARALLEL WITH SAID EAST LINE; THENCE SOUTHWESTERLY 100 FEET
4		PARALLEL WITH SAID SOUTHERLY LINE; THENCE NORTH PARALLEL WITH
5		SAID EAST LINE TO A POINT 100 FEET SOUTH OF THE NORTH LINE OF
6		SAID LOT 8; THENCE WEST PARALLEL WITH SAID NORTH LINE TO A
7		POINT 175 FEET EAST OF THE WEST LINE OF SAID LOT 8; THENCE
8		NORTH 100 FEET PARALLEL WITH SAID WEST LINE TO THE NORTH LINE
9		OF SAID LOT 8; THENCE EAST ALONG SAID NORTH LINE TO THE POINT
10		OF BEGINNING, IN WILL COUNTY, ILLINOIS.
11		SAID PARCEL CONTAINING 0.007 ACRES (315 SQUARE FEET), MORE OR
12		LESS.
13		REVISION DATE: 06-30-2022
14		Route: C.H. 64 Francis Road
15		Section: 20-00051-09-CH
16		County: Will
17		Parcel No: IL T0006
18		Station: 215+80.12 to 216+71.09
19		Index No.: 15-08-10-300-014
20		THE SOUTH 5.00 FEET OF THAT PART OF LOT 9 IN ARTHUR T. MCINTOSH
21		AND COMPANY'S NEW LENOX ACRES, A SUBDIVISION IN SECTIONS 10
22		AND 15, TOWNSHIP 35 NORTH, AND RANGE 11 EAST OF THE THIRD
23		PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED
24		JULY 16, 1927 AS DOCUMENT 408969, IN WILL COUNTY, ILLINOIS,
25		BEARINGS AND DISTANCES BASED ON THE ILLINOIS STATE PLANE

HB4844 Engrossed - 2076 - LRB103 39009 AMC 69146 b
1		COORDINATE SYSTEM, EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A
2		COMBINED FACTOR OF 0.9999586959 DESCRIBED AS FOLLOWS:
3		BEGINNING 110 FEET WESTERLY OF THE SOUTHEAST CORNER OF LOT 9 ON
4		THE SOUTHERLY LINE OF SAID LOT 9; THENCE CONTINUING WESTERLY
5		ALONG SAID SOUTHERLY LINE 90 FEET; THENCE NORTH 175 FEET TO A
6		POINT; THENCE EASTERLY ALONG A LINE PARALLEL TO SAID SOUTHERLY
7		LINE 90 FEET; THENCE SOUTH 175 FEET TO THE POINT OF BEGINNING.
8		SAID PARCEL CONTAINING 0.010 ACRES (451 SQUARE FEET), MORE OR
9		LESS.
10		REVISION DATE: 06-30-2022
11		Route: C.H. 64 Francis Road
12		Section: 20-00051-09-CH
13		County: Will
14		Parcel No: IL T0006TE
15		Station: 215+80.84 to 216+15.15
16		Index No.: 15-08-10-300-014
17		THAT PART OF LOT 9 IN ARTHUR T. MCINTOSH AND COMPANY'S NEW
18		LENOX ACRES, A SUBDIVISION IN SECTIONS 10 AND 15, TOWNSHIP 35
19		NORTH, AND RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,
20		ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS
21		DOCUMENT 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND
22		DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,
23		EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A COMBINED FACTOR OF
24		0.9999586959 DESCRIBED AS FOLLOWS:
25		COMMENCING 200 FEET WESTERLY OF THE SOUTHEAST CORNER OF SAID

HB4844 Engrossed - 2077 - LRB103 39009 AMC 69146 b
1		LOT 9 ON THE SOUTHERLY LINE OF SAID LOT 9, SAID SOUTHERLY LINE
2		BEARING SOUTH 79 DEGREES 30 MINUTES 57 SECONDS EAST; THENCE
3		NORTH 02 DEGREES 14 MINUTES 14 SECONDS WEST, 5.05 FEET FOR THE
4		PLACE OF BEGINNING; THENCE CONTINUING NORTH 02 DEGREES 14
5		MINUTES 14 SECONDS WEST, 10.10 FEET; THENCE NORTH 79 DEGREES
6		30 MINUTES 57 SECONDS EAST ALONG A LINE 15.00 FEET NORTH OF AND
7		PARALLEL WITH SAID SOUTHERLY LINE OF LOT 9, A DISTANCE OF 32.85
8		FEET; THENCE SOUTH 10 DEGREES 29 MINUTES 03 SECONDS EAST,
9		10.00 FEET; THENCE SOUTH 79 DEGREES 30 MINUTES 57 SECONDS EAST
10		ALONG A LINE 5.00 FEET NORTH OF AND PARALLEL WITH SAID
11		SOUTHERLY LINE OF LOT 9, A DISTANCE OF 34.30 FEET TO THE PLACE
12		OF BEGINNING.
13		SAID PARCEL CONTAINING 0.008 ACRES (336 SQUARE FEET), MORE OR
14		LESS.
15		Route: C.H. 64 Francis Road
16		Section: 20-00051-09-CH
17		County: Will
18		Parcel No: IL T0007
19		Station: 216+70.37 to 217+81.42
20		Index No.: 15-08-10-300-038
21		THE SOUTH 5.00 FEET OF THAT PART OF LOT 9 IN ARTHUR T. MCINTOSH
22		AND COMPANY'S NEW LENOX ACRES, A SUBDIVISION IN SECTIONS 10
23		AND 15, TOWNSHIP 35 NORTH, AND RANGE 11 EAST OF THE THIRD
24		PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED
25		JULY 16, 1927 AS DOCUMENT 408969, IN WILL COUNTY, ILLINOIS,

HB4844 Engrossed - 2078 - LRB103 39009 AMC 69146 b
1		BEARINGS AND DISTANCES BASED ON THE ILLINOIS STATE PLANE
2		COORDINATE SYSTEM, EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A
3		COMBINED FACTOR OF 0.9999586959 DESCRIBED AS FOLLOWS:
4		COMMENCING AT THE SOUTHEAST CORNER OF LOT 9; THENCE NORTH
5		ALONG THE EAST LINE OF SAID LOT 9, A DISTANCE OF 175 FEET;
6		THENCE WESTERLY 110 FEET ON A LINE PARALLEL WITH THE SOUTH LINE
7		OF LOT 9 TO A POINT; THENCE SOUTH 175 FEET TO A POINT ON THE
8		SOUTHERLY LINE OF SAID LOT 9 THAT IS 110 FEET WESTERLY OF THE
9		SOUTHEAST CORNER OF SAID LOT 9; THENCE EASTERLY 110 FEET TO THE
10		POINT OF BEGINNING.
11		SAID PARCEL CONTAINING 0.013 ACRES, MORE OR LESS.
12		REVISION DATE: 06-30-2022
13		Route: C.H.64 Francis Road
14		Section: 20-00051-09-CH
15		County: Will
16		Parcel No: IL T0008
17		Station: 217+80.66 to 218+48.30
18		Index No.: 15-08-10-300-044
19		THAT PART OF LOT 32 IN ARTHUR T. MCINTOSH AND COMPANY'S NEW
20		LENOX ACRES, A SUBDIVISION IN SECTIONS 10 AND 15, TOWNSHIP 35
21		NORTH, AND RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,
22		ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS
23		DOCUMENT 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND
24		DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,
25		EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A COMBINED FACTOR OF

HB4844 Engrossed - 2079 - LRB103 39009 AMC 69146 b
1		0.9999586959 DESCRIBED AS FOLLOWS:
2		BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 32; THENCE NORTH
3		01 DEGREES 30 MINUTES 42 SECONDS WEST ALONG THE WEST LINE OF
4		SAID LOT 32, A DISTANCE OF 5.06 FEET; THENCE NORTH 79 DEGREES
5		30 MINUTES 57 SECONDS EAST ALONG A LINE 5.00 FEET NORTH OF AND
6		PARALLEL WITH THE SOUTH LINE OF SAID LOT 32, A DISTANCE OF
7		66.85 FEET; THENCE SOUTH 01 DEGREES 34 MINUTES 09 SECONDS
8		EAST, 5.06 FEET TO THE SOUTH LINE OF SAID LOT 32; THENCE SOUTH
9		79 DEGREES 30 MINUTES 57 SECONDS WEST ALONG SAID SOUTH LINE OF
10		LOT 32, ALSO BEING THE NORTH RIGHT-OF-WAY LINE OF FRANCIS
11		ROAD, 66.85 FEET TO THE PLACE OF BEGINNING.
12		SAID PARCEL CONTAINING 0.008 ACRES (334 SQUARE FEET), MORE OR
13		LESS.
14		REVISION DATE: 05-26-2022
15		Route: C.H.64 Francis Road
16		Section: 20-00051-09-CH
17		County: Will
18		Parcel No: IL T0009
19		Station: 218+47.52 to 218+96.30
20		Index No.: 15-08-10-300-022
21		THE SOUTH 5.00 FEET OF THAT PART OF LOT 32 IN ARTHUR T.
22		MCINTOSH AND COMPANY'S NEW LENOX ACRES, A SUBDIVISION IN
23		SECTIONS 10 AND 15, TOWNSHIP 35 NORTH, AND RANGE 11 EAST OF THE
24		THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
25		RECORDED JULY 16, 1927 AS DOCUMENT 408969, IN WILL COUNTY,

HB4844 Engrossed - 2080 - LRB103 39009 AMC 69146 b
1		ILLINOIS, BEARINGS AND DISTANCES BASED ON THE ILLINOIS STATE
2		PLANE COORDINATE SYSTEM, EAST ZONE, NAD83 (2011 ADJUSTMENT)
3		WITH A COMBINED FACTOR OF 0.9999586959 DESCRIBED AS FOLLOWS:
4		THE WEST 112.25 FEET, EXCEPT THE NORTH 300 FEET AND EXCEPT THE
5		WEST 62.25 FEET THEREOF, OF SAID LOT 32.
6		SAID PARCEL CONTAINING 0.006 ACRES (240 SQUARE FEET), MORE OR
7		LESS.
8		REVISION DATE: 05-26-2022
9		Route: C.H.4 Cedar Road
10		Section: 20-00051-09-CH
11		County: Will
12		Parcel No: IL T0010
13		Station: 123+28.62 to 126+13.30
14		Index No.: 15-08-10-300-060
15		THAT PART OF LOTS 1 AND 2 IN ARTHUR T. MCINTOSH'S NEW LENOX
16		ACRES, BEING A SUBDIVISION OF THE SOUTHWEST QUARTER OF SECTION
17		10 AND PART OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 35
18		NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,
19		ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS
20		DOCUMENT NUMBER 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND
21		DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,
22		EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF
23		0.9999586959, DESCRIBED AS FOLLOWS:
24		BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE NORTH
25		88 DEGREES 19 MINUTES 08 SECONDS EAST ALONG THE NORTH LINE OF

HB4844 Engrossed - 2081 - LRB103 39009 AMC 69146 b
1		SAID LOT 1, ALSO BEING THE SOUTH RIGHT-OF-WAY LINE OF LENOX
2		STREET, A DISTANCE OF 50.00 FEET; THENCE SOUTH 43 DEGREES 24
3		MINUTES 13 SECONDS WEST, 46.74 FEET; THENCE SOUTH 01 DEGREES
4		30 MINUTES 42 SECONDS EAST ALONG A LINE 17.00 FEET EAST OF AND
5		PARALLEL WITH THE WEST LINES OF SAID LOTS 1 AND 2, ALSO BEING
6		THE EAST RIGHT-OF-WAY LINE OF CEDAR ROAD, A DISTANCE OF 251.69
7		FEET TO THE SOUTH LINE OF LOT 2; THENCE SOUTH 88 DEGREES 19
8		MINUTES 08 SECONDS WEST ALONG SAID SOUTH LINE, 17.00 FEET TO
9		THE SOUTHWEST CORNER OF SAID LOT 2; THENCE NORTH 01 DEGREES 30
10		MINUTES 42 SECONDS WEST ALONG SAID WEST LINES OF LOTS 1 AND 2,
11		ALSO BEING SAID RIGHT-OF-WAY LINE, 284.69 FEET TO THE PLACE OF
12		BEGINNING.
13		SAID PARCEL CONTAINING 0.124 ACRES, MORE OR LESS.
14		REVISION DATE: 05-26-2022
15		Route: C.H.4 Cedar Road
16		Section: 20-00051-09-CH
17		County: Will
18		Parcel No: IL T0012
19		Station: 123+15.53 to 126+46.31
20		Index No.: 15-08-09-400-002
21		THAT PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
22		SECTION 9, TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD
23		PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS, BEARINGS AND
24		DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,
25		EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF

HB4844 Engrossed - 2082 - LRB103 39009 AMC 69146 b
1		0.9999586959; DESCRIBED AS FOLLOWS:
2		BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER OF
3		SECTION 9; THENCE SOUTH 01 DEGREES 30 MINUTES 42 SECONDS EAST
4		ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER, 330.77 FEET TO
5		THE SOUTH LINE OF THE NORTH HALF OF THE NORTH HALF OF THE
6		NORTHEAST QUARTER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 88
7		DEGREES 39 MINUTES 31 SECONDS WEST ALONG SAID SOUTH LINE OF THE
8		NORTH HALF OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE
9		SOUTHEAST QUARTER, 55.00 FEET; THENCE NORTH 01 DEGREES 30
10		MINUTES 42 SECONDS WEST ALONG A LINE 55.00 FEET WEST OF AND
11		PARALLEL WITH THE EAST LINE OF SAID SOUTHEAST QUARTER, 165.39
12		FEET; THENCE NORTH 88 DEGREES 39 MINUTES 31 SECONDS EAST
13		PARALLEL WITH SAID SOUTH LINE OF THE NORTH HALF OF THE NORTH
14		HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, 22.00
15		FEET; THENCE NORTH 01 DEGREES 30 MINUTES 42 SECONDS WEST ALONG
16		A LINE 33.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF
17		SAID SOUTHEAST QUARTER, 165.37 FEET TO THE NORTH LINE OF SAID
18		SOUTHEAST QUARTER; THENCE NORTH 88 DEGREES 37 MINUTES 32
19		SECONDS EAST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER,
20		33.00 FEET TO THE PLACE OF BEGINNING, IN WILL COUNTY,
21		ILLINOIS.
22		SAID PARCEL CONTAINING 0.333 ACRES, MORE OR LESS, OF WHICH
23		0.250 ACRES, MORE OR LESS, WAS PREVIOUSLY USED FOR ROADWAY
24		PURPOSES.
25		REVISION DATE: 05-26-2022
26		REVISION DATE: 06-30-2022

HB4844 Engrossed - 2083 - LRB103 39009 AMC 69146 b
1		Route: C.H.4 Cedar Road
2		Section: 20-00051-09-CH
3		County: Will
4		Parcel No: IL T0012TE
5		Station: 124+80.92 to 126+46.32
6		Index No.: 15-08-09-400-002
7		THAT PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
8		SECTION 9, TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD
9		PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS, BEARINGS AND
10		DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,
11		EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF
12		0.9999586959; DESCRIBED AS FOLLOWS:
13		THE WEST 5.00 FEET OF THE EAST 38.00 FEET OF THE NORTH HALF OF
14		THE NORTH HALF OF SAID NORTHEAST QUARTER OF THE SOUTHEAST
15		QUARTER (EXCEPT THE SOUTH 165.39 FEET THEREOF), IN WILL
16		COUNTY, ILLINOIS.
17		SAID PARCEL CONTAINING 0.019 ACRES, MORE OR LESS.
18		Route: C.H.4 Cedar Road
19		Section: 20-00051-09-CH
20		County: Will
21		Parcel No: IL T0013TE
22		Station: 122+32.87 to 123+15.61
23		Index No.: 15-08-09-400-003
24		THAT PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF

HB4844 Engrossed - 2084 - LRB103 39009 AMC 69146 b
1		SECTION 9, TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD
2		PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS, BEARINGS AND
3		DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,
4		EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF
5		0.9999586959; DESCRIBED AS FOLLOWS:
6		THE WEST 10.00 FEET OF THE EAST 43.00 FEET OF THE NORTH QUARTER
7		OF THE SOUTH HALF OF THE NORTH HALF OF SAID NORTHEAST QUARTER
8		OF THE SOUTHEAST QUARTER, IN WILL COUNTY, ILLINOIS.
9		SAID PARCEL CONTAINING 0.019 ACRES, MORE OR LESS.
10		Route: C.H.4 Cedar Road
11		Section: 20-00051-09-CH
12		County: Will
13		Parcel No: IL T0014TE
14		Station: 121+69.62 to 123+28.62
15		Index No.: 15-08-10-300-061
16		THE WEST 5.00 FEET OF LOT 3 IN ARTHUR T. MCINTOSH'S NEW LENOX
17		ACRES, BEING A SUBDIVISION OF THE SOUTHWEST QUARTER OF SECTION
18		10 AND PART OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 35
19		NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,
20		ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS
21		DOCUMENT NUMBER 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND
22		DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,
23		EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF
24		0.9999586959.
25		SAID PARCEL CONTAINING 0.018 ACRES, MORE OR LESS.

HB4844 Engrossed - 2085 - LRB103 39009 AMC 69146 b
1		REVISION DATE: 05-26-2022
2		Route: C.H.4 Cedar Road
3		Section: 20-00051-09-CH
4		County: Will
5		Parcel No: IL T0015TE
6		Station: 121+50.19 to 122+32.94
7		Index No.: 15-08-09-400-004
8		THAT PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
9		SECTION 9, TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD
10		PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS, BEARINGS AND
11		DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,
12		EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF
13		0.9999586959; DESCRIBED AS FOLLOWS:
14		THE NORTH 31.00 FEET OF THE WEST 25.00 FEET OF THE EAST 58.00
15		FEET TOGETHER WITH THE WEST 5.00 FEET OF THE EAST 38.00 FEET
16		(EXCEPT THE NORTH 31.00 FEET THEREOF) OF THE SOUTH HALF OF THE
17		NORTH HALF OF THE SOUTH HALF OF THE NORTH HALF OF SAID
18		NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, IN WILL COUNTY,
19		ILLINOIS.
20		SAID PARCEL CONTAINING 0.024 ACRES, MORE OR LESS.
21		Route: C.H.4 Cedar Road
22		Section: 20-00051-09-CH
23		County: Will
24		Parcel No: IL T0016TE

HB4844 Engrossed - 2086 - LRB103 39009 AMC 69146 b
1		Station: 120+10.63 to 121+69.62
2		Index No.: 15-08-10-300-058
3		THE WEST 5.00 FEET OF LOT 4 IN ARTHUR T. MCINTOSH'S NEW LENOX
4		ACRES, BEING A SUBDIVISION OF THE SOUTHWEST QUARTER OF SECTION
5		10 AND PART OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 35
6		NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,
7		ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS
8		DOCUMENT NUMBER 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND
9		DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,
10		EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF
11		0.9999586959.
12		SAID PARCEL CONTAINING 0.018 ACRES, MORE OR LESS.
13		REVISION DATE: 05-26-2022
14		Route: C.H.4 Cedar Road
15		Section: 20-00051-09-CH
16		County: Will
17		Parcel No: IL T0017TE
18		Station: 118+51.61 to 120+10.61
19		Index No.: 15-08-10-300-057
20		15-08-10-300-006
21		THE WEST 5.00 FEET OF LOT 5 IN ARTHUR T. MCINTOSH'S NEW LENOX
22		ACRES, BEING A SUBDIVISION OF THE SOUTHWEST QUARTER OF SECTION
23		10 AND PART OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 35
24		NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,
25		ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS

HB4844 Engrossed - 2087 - LRB103 39009 AMC 69146 b
1		DOCUMENT NUMBER 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND
2		DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,
3		EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF
4		0.9999586959.
5		SAID PARCEL CONTAINING 0.018 ACRES, MORE OR LESS.
6		Route: C.H.4 Cedar Road
7		Section: 20-00051-09-CH
8		County: Will
9		Parcel No: IL T0018TE
10		Station: 116+92.61 to 118+51.63
11		Index No.: 15-08-10-300-007
12		THE WEST 5.00 FEET OF LOT 6 IN ARTHUR T. MCINTOSH'S NEW LENOX
13		ACRES, BEING A SUBDIVISION OF THE SOUTHWEST QUARTER OF SECTION
14		10 AND PART OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 35
15		NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,
16		ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS
17		DOCUMENT NUMBER 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND
18		DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,
19		EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF
20		0.9999586959
21		SAID PARCEL CONTAINING 0.018 ACRES, MORE OR LESS.
22		Route: C.H.4 Cedar Road
23		Section: 20-00051-09-CH
24		County: Will

HB4844 Engrossed - 2088 - LRB103 39009 AMC 69146 b
1		Parcel No: IL T0019TE
2		Station: 118+89.42 to 119+84.84
3		Index No.: 15-08-09-400-013
4		THAT PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
5		SECTION 9, TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD
6		PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS, BEARINGS AND
7		DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,
8		EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF
9		0.9999586959; DESCRIBED AS FOLLOWS:
10		THE NORTH 44.00 FEET OF THE WEST 20.00 FEET OF THE EAST 53.00
11		FEET TOGETHER WITH THE WEST 7.00 FEET OF THE EAST 40.00 FEET
12		(EXCEPT THE NORTH 44.00 FEET THEREOF) OF THE NORTH HALF OF THE
13		NORTH HALF OF THE SOUTH HALF OF SAID NORTHEAST QUARTER OF THE
14		SOUTHEAST QUARTER, IN WILL COUNTY, ILLINOIS.
15		SAID PARCEL CONTAINING 0.028 ACRES, MORE OR LESS.
16		Route: C.H.4 Cedar Road
17		Section: 20-00051-09-CH
18		County: Will
19		Parcel No: IL T0020TE
20		Station: 116+54.05 to 118+89.42
21		Index No.: 15-08-09-400-010
22		15-08-09-400-011
23		THAT PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
24		SECTION 9, TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD
25		PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS, BEARINGS AND

HB4844 Engrossed - 2089 - LRB103 39009 AMC 69146 b
1		DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,
2		EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF
3		0.9999586959; DESCRIBED AS FOLLOWS:
4		THE WEST 7.00 FEET OF THE EAST 40.00 FEET OF THE SOUTH HALF OF
5		THE NORTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF
6		THE SOUTHEAST QUARTER OF SAID SECTION 9; TOGETHER WITH THE
7		WEST 7.00 FEET OF THE EAST 40.00 FEET OF THE SOUTH 70 FEET OF
8		THE NORTH HALF OF THE NORTH HALF OF THE SOUTH HALF OF THE
9		NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 9,
10		ALL IN TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL
11		MERIDIAN, IN WILL COUNTY, ILLINOIS.
12		SAID PARCEL CONTAINING 0.038 ACRES, MORE OR LESS.
13		Route: C.H.4 Cedar Road
14		Section: 20-00051-09-CH
15		County: Will
16		Parcel No: IL T0021PE
17		Station: 114+33.61 to 114+36.66
18		Index No.: 15-08-10-300-011
19		THE SOUTH 3 FEET OF THE WEST 17 FEET OF THE NORTH 100 FEET OF
20		THE WEST 175 FEET OF LOT 8, IN ARTHUR T. MCINTOSH'S NEW LENOX
21		ACRES, BEING A SUBDIVISION OF THE SOUTHWEST QUARTER OF SECTION
22		10 AND PART OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 35
23		NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,
24		ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS
25		DOCUMENT NUMBER 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND

HB4844 Engrossed - 2090 - LRB103 39009 AMC 69146 b
1		DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,
2		EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF
3		0.9999586959
4		SAID PARCEL CONTAINING 0.001 ACRES (51 SQUARE FEET), MORE OR
5		LESS.
6		REVISION DATE: 05-26-2022
7		Route: C.H.4 Cedar Road
8		Section: 20-00051-09-CH
9		County: Will
10		Parcel No: IL T0021TE
11		Station: 114+36.61 to 115+33.63
12		Index No.: 15-08-10-300-011
13		THE WEST 5.00 FEET OF THE NORTH 97 FEET OF THE WEST 175 FEET OF
14		LOT 8, IN ARTHUR T. MCINTOSH'S NEW LENOX ACRES, BEING A
15		SUBDIVISION OF THE SOUTHWEST QUARTER OF SECTION 10 AND PART OF
16		THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 35 NORTH, RANGE
17		11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT
18		THEREOF RECORDED JULY 16, 1927 AS DOCUMENT NUMBER 408969, IN
19		WILL COUNTY, ILLINOIS, BEARINGS AND DISTANCES BASED ON THE
20		ILLINOIS STATE PLANE COORDINATE SYSTEM, EAST ZONE, NAD83 (2011
21		ADJUSTMENT), WITH A COMBINED FACTOR OF 0.9999586959
22		SAID PARCEL CONTAINING 0.011 ACRES, MORE OR LESS.
23		Route: C.H. 64 Francis Road
24		Section: 20-00051-09-CH

HB4844 Engrossed - 2091 - LRB103 39009 AMC 69146 b
1		County: Will
2		Parcel No: IL T0022TE
3		Station: 202+31.49 to 203+55.08
4		Index No.: 15-08-09-405-002
5		THE NORTHERLY 5.00 FEET OF LOT 14 IN WILMSEN'S SUBDIVISION OF
6		LOTS 1 AND 8 OF ARTHUR T. MCINTOSH AND COMPANY'S ADDITION TO
7		NEW LENOX, A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF
8		SECTION 9, AND PART OF THE NORTHEAST QUARTER OF SECTION 16,
9		TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL
10		MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 10, 1948
11		AS DOCUMENT NUMBER 642528, IN WILL COUNTY, ILLINOIS.
12		SAID PARCEL CONTAINING 0.014 ACRES, MORE OR LESS.
13		Route: C.H. 64 Francis Road
14		Section: 20-00051-09-CH
15		County: Will
16		Parcel No: IL T0023TE
17		Station: 203+54.27 to 204+77.86
18		Index No.: 15-08-09-405-003
19		THE NORTHERLY 10.00 FEET OF LOT 12 IN WILMSEN'S SUBDIVISION OF
20		LOTS 1 AND 8 OF ARTHUR T. MCINTOSH AND COMPANY'S ADDITION TO
21		NEW LENOX, A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF
22		SECTION 9, AND PART OF THE NORTHEAST QUARTER OF SECTION 16,
23		TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL
24		MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 10, 1948
25		AS DOCUMENT NUMBER 642528, IN WILL COUNTY, ILLINOIS.

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1		SAID PARCEL CONTAINING 0.028 ACRES, MORE OR LESS.
2		Route: C.H. 64 Francis Road
3		Section: 20-00051-09-CH
4		County: Will
5		Parcel No: IL T0024TE
6		Station: 204+77.86 to 206+00.14
7		Index No.: 15-08-09-405-004
8		THE NORTHERLY 10.00 FEET OF LOT 10 IN WILMSEN'S SUBDIVISION OF
9		LOTS 1 AND 8 OF ARTHUR T. MCINTOSH AND COMPANY'S ADDITION TO
10		NEW LENOX, A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF
11		SECTION 9, AND PART OF THE NORTHEAST QUARTER OF SECTION 16,
12		TOWNSHIP 35 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL
13		MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 10, 1948
14		AS DOCUMENT NUMBER 642528, IN WILL COUNTY, ILLINOIS.
15		SAID PARCEL CONTAINING 0.028 ACRES, MORE OR LESS.
16		Route: C.H. 64 Francis Road
17		Section: 20-00051-09-CH
18		County: Will
19		Parcel No: IL T0025TE
20		Station: 206+00.14 to 207+53.71
21		Index No.: 15-08-09-405-009
22		THAT PART OF LOT 9 IN WILMSEN'S SUBDIVISION OF LOTS 1 AND 8 OF
23		ARTHUR T. MCINTOSH AND COMPANY'S ADDITION TO NEW LENOX, A
24		SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF SECTION 9, AND

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1		PART OF THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 35
2		NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,
3		ACCORDING TO THE PLAT THEREOF RECORDED JULY 10, 1948 AS
4		DOCUMENT NUMBER 642528, IN WILL COUNTY, ILLINOIS, BEARINGS AND
5		DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,
6		EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF
7		0.9999586959; DESCRIBED AS FOLLOWS:
8		BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 9; THENCE SOUTH
9		01 DEGREES 30 MINUTES 42 SECONDS EAST ALONG THE EAST LINE OF
10		SAID LOT 9, A DISTANCE OF 10.13 FEET; THENCE SOUTH 79 DEGREES
11		17 MINUTES 03 SECONDS WEST ALONG A LINE 10.00 FEET SOUTH OF AND
12		PARALLEL WITH THE NORTHERLY LINE OF SAID LOT 9, ALSO BEING THE
13		SOUTHERLY LINE OF FRANCIS ROAD, 64.43 FEET; THENCE SOUTH 10
14		DEGREES 42 MINUTES 57 SECONDS EAST, 5.00 FEET; THENCE SOUTH 79
15		DEGREES 17 MINUTES 03 SECONDS WEST ALONG A LINE 15.00 FEET
16		SOUTH OF AND PARALLEL WITH THE SAID SOUTHERLY LINE OF FRANCIS
17		ROAD, 25.00 FEET; THENCE NORTH 10 DEGREES 42 MINUTES 57
18		SECONDS WEST, 5.00 FEET; THENCE SOUTH 79 DEGREES 17 MINUTES 03
19		SECONDS WEST ALONG A LINE 10.00 FEET SOUTH OF AND PARALLEL WITH
20		THE SAID SOUTHERLY LINE OF FRANCIS ROAD, 62.53 FEET TO THE WEST
21		LINE OF SAID LOT 9; THENCE NORTH 01 DEGREES 30 MINUTES 42
22		SECONDS WEST ALONG SAID WEST LINE, 10.13 FEET TO SAID
23		NORTHERLY LINE OF LOT 9, ALSO BEING SAID SOUTHERLY LINE OF
24		FRANCIS ROAD; THENCE NORTH 79 DEGREES 17 MINUTES 03 SECONDS
25		EAST ALONG SAID SOUTHERLY LINE OF FRANCIS ROAD, 151.96 FEET TO
26		THE PLACE OF BEGINNING.

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1		SAID PARCEL CONTAINING 0.038 ACRES, MORE OR LESS.
2		REVISION DATE: 05-26-2022
3		Route: C.H. 4 Cedar Road
4		Section: 20-00051-09-CH
5		County: Will
6		Parcel No: IL T0026TE
7		Station: 107+73.63 to 108+08.64
8		Index No.: 15-08-10-301-0073
9		THE NORTH 35 FEET OF THE SOUTH 55.25 FEET OF LOT 11 (EXCEPT THE
10		WEST 17 FEET THEREOF) IN ARTHUR T. MCINTOSH AND COMPANY'S NEW
11		LENOX ACRES, A SUBDIVISION IN SECTIONS 10 AND 15, TOWNSHIP 35
12		NORTH, AND RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,
13		ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS
14		DOCUMENT 408969, IN WILL COUNTY, ILLINOIS, BEARINGS AND
15		DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM,
16		EAST ZONE, NAD83 (2011 ADJUSTMENT) WITH A COMBINED FACTOR OF
17		0.9999586959.
18		SAID PARCEL CONTAINING 0.004 ACRES (175 SQUARE FEET), MORE OR
19		LESS.
20		REVISION DATE: 05-26-2022
21		Route: C.H. 64 Francis Road
22		Section: 20-00051-09-CH
23		County: Will
24		Parcel No: IL T0027TE

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1		Station: 216+52.49 to 217+35.06
2		Index No.: 15-08-10-301-005
3		THE NORTHERLY 10.00 FEET OF THE EAST 80 FEET OF THE WEST 617
4		FEET OF LOT 10 IN ARTHUR T. MCINTOSH AND COMPANY'S NEW LENOX
5		ACRES, A SUBDIVISION IN SECTIONS 10 AND 15, TOWNSHIP 35 NORTH,
6		AND RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING
7		TO THE PLAT THEREOF RECORDED JULY 16, 1927 AS DOCUMENT 408969,
8		IN WILL COUNTY, ILLINOIS, BEARINGS AND DISTANCES BASED ON THE
9		ILLINOIS STATE PLANE COORDINATE SYSTEM, EAST ZONE, NAD83 (2011
10		ADJUSTMENT) WITH A COMBINED FACTOR OF 0.9999586959.
11		SAID PARCEL CONTAINING 0.018 ACRES, MORE OR LESS.
12		REVISION DATE: 05-26-2022
13		Route: C.H. 64 Francis Road
14		Section: 20-00051-09-CH
15		County: Will
16		Parcel No: IL T0028TE
17		Station: 217+33.45 to 218+43.47
18		Index No.: 15-08-10-301-067
19		THE NORTHERLY 10.00 FEET OF THE EAST 34.75 FEET OF LOT 10 AND
20		LOT 35 (EXCEPT THE EAST 270.03 FEET THEREOF) IN ARTHUR T.
21		MCINTOSH AND COMPANY'S NEW LENOX ACRES, A SUBDIVISION IN
22		SECTIONS 10 AND 15, TOWNSHIP 35 NORTH, AND RANGE 11 EAST OF THE
23		THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
24		RECORDED JULY 16, 1927 AS DOCUMENT 408969, IN WILL COUNTY,
25		ILLINOIS, BEARINGS AND DISTANCES BASED ON THE ILLINOIS STATE

HB4844 Engrossed - 2096 - LRB103 39009 AMC 69146 b
1		PLANE COORDINATE SYSTEM, EAST ZONE, NAD83 (2011 ADJUSTMENT)
2		WITH A COMBINED FACTOR OF 0.9999586959.
3		SAID PARCEL CONTAINING 0.025 ACRES, MORE OR LESS.
4		REVISION DATE: 05-26-2022
5		Route: C.H. 64 Francis Road
6		Section: 20-00051-09-CH
7		County: Will
8		Parcel No: IL T0029TE
9		Station: 218+41.89 to 218+83.97
10		Index No.: 15-08-10-301-068
11		THE NORTHERLY 10.00 FEET OF THE WEST 40.00 FEET OF THE EAST
12		270.00 FEET OF LOT 35, AS MEASURED ALONG THE SOUTH LINE OF SAID
13		LOT 35, IN ARTHUR T. MCINTOSH AND COMPANY'S NEW LENOX ACRES, A
14		SUBDIVISION IN SECTIONS 10 AND 15, TOWNSHIP 35 NORTH, AND
15		RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO
16		THE PLAT THEREOF RECORDED JULY 16, 1927 AS DOCUMENT 408969, IN
17		WILL COUNTY, ILLINOIS, BEARINGS AND DISTANCES BASED ON THE
18		ILLINOIS STATE PLANE COORDINATE SYSTEM, EAST ZONE, NAD83 (2011
19		ADJUSTMENT) WITH A COMBINED FACTOR OF 0.9999586959.
20		SAID PARCEL CONTAINING 0.009 ACRES (405 SQUARE FEET), MORE OR
21		LESS.
22		REVISION DATE: 05-26-2022
23		REVISION DATE: 06-30-2022
24		(b) This Section is repealed on June 9, 2026 (3 years after
25		the effective date of Public Act 103-10) this amendatory Act

HB4844 Engrossed - 2097 - LRB103 39009 AMC 69146 b
1		of the 103rd General Assembly.
2		(Source: P.A. 103-10, eff. 6-9-23; revised 7-27-23.)
3		Section 600. The Illinois False Claims Act is amended by
4		changing Section 6 as follows:
5		(740 ILCS 175/6) (from Ch. 127, par. 4106)
6		Sec. 6. Subpoenas.
7		(a) In general.
8		(1) Issuance and service. Whenever the Attorney
9		General has reason to believe that any person may be in
10		possession, custody, or control of any documentary
11		material or information relevant to an investigation, the
12		Attorney General may, before commencing a civil proceeding
13		under this Act or making an election under paragraph (4)
14		of subsection (b) of Section 4, issue in writing and cause
15		to be served upon such person, a subpoena requiring such
16		person:
17		(A) to produce such documentary material for
18		inspection and copying,
19		(B) to answer, in writing, written interrogatories
20		with respect to such documentary material or
21		information,
22		(C) to give oral testimony concerning such
23		documentary material or information, or
24		(D) to furnish any combination of such material,

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1		answers, or testimony.
2		The Attorney General may issue subpoenas under this
3		subsection (a). Whenever a subpoena is an express demand
4		for any product of discovery, the Attorney General shall
5		cause to be served, in any manner authorized by this
6		Section, a copy of such demand upon the person from whom
7		the discovery was obtained and shall notify the person to
8		whom such demand is issued of the date on which such copy
9		was served. Any information obtained by the Attorney
10		General under this Section may be shared with any qui tam
11		relator if the Attorney General determines it necessary as
12		part of any Illinois False Claims Act investigation.
13		(1.5) Where a subpoena requires the production of
14		documentary material, the respondent shall produce the
15		original of the documentary material, provided, however,
16		that the Attorney General may agree that copies may be
17		substituted for the originals. All documentary material
18		kept or stored in electronic form, including electronic
19		mail, shall be produced in native format, as kept in the
20		normal course of business, or as otherwise directed by the
21		Attorney General. The production of documentary material
22		shall be made at the respondent's expense.
23		(2) Contents and deadlines. Each subpoena issued under
24		paragraph (1):
25		(A) Shall state the nature of the conduct
26		constituting an alleged violation that is under

HB4844 Engrossed - 2099 - LRB103 39009 AMC 69146 b
1		investigation and the applicable provision of law
2		alleged to be violated.
3		(B) Shall identify the individual causing the
4		subpoena to be served and to whom communications
5		regarding the subpoena should be directed.
6		(C) Shall state the date, place, and time at which
7		the person is required to appear, produce written
8		answers to interrogatories, produce documentary
9		material or give oral testimony. The date shall not be
10		less than 10 days from the date of service of the
11		subpoena. Compliance with the subpoena shall be at the
12		Office of the Attorney General in either the
13		Springfield or Chicago location or at other location
14		by agreement.
15		(D) If the subpoena is for documentary material or
16		interrogatories, shall describe the documents or
17		information requested with specificity.
18		(E) Shall notify the person of the right to be
19		assisted by counsel.
20		(F) Shall advise that the person has 20 days from
21		the date of service or up until the return date
22		specified in the demand, whichever date is earlier, to
23		move, modify, or set aside the subpoena pursuant to
24		subparagraph (j)(2)(A) of this Section.
25		(b) Protected material or information.
26		(1) In general. A subpoena issued under subsection (a)

HB4844 Engrossed - 2100 - LRB103 39009 AMC 69146 b
1		may not require the production of any documentary
2		material, the submission of any answers to written
3		interrogatories, or the giving of any oral testimony if
4		such material, answers, or testimony would be protected
5		from disclosure under:
6		(A) the standards applicable to subpoenas or
7		subpoenas duces tecum issued by a court of this State
8		to aid in a grand jury investigation; or
9		(B) the standards applicable to discovery requests
10		under the Code of Civil Procedure, to the extent that
11		the application of such standards to any such subpoena
12		is appropriate and consistent with the provisions and
13		purposes of this Section.
14		(2) Effect on other orders, rules, and laws. Any such
15		subpoena which is an express demand for any product of
16		discovery supersedes any inconsistent order, rule, or
17		provision of law (other than this Section) preventing or
18		restraining disclosure of such product of discovery to any
19		person. Disclosure of any product of discovery pursuant to
20		any such subpoena does not constitute a waiver of any
21		right or privilege which the person making such disclosure
22		may be entitled to invoke to resist discovery of trial
23		preparation materials.
24		(c) Service in general. Any subpoena issued under
25		subsection (a) may be served by any person so authorized by the
26		Attorney General or by any person authorized to serve process

HB4844 Engrossed - 2101 - LRB103 39009 AMC 69146 b
1		on individuals within Illinois, through any method prescribed
2		in the Code of Civil Procedure or as otherwise set forth in
3		this Act.
4		(d) Service upon legal entities and natural persons.
5		(1) Legal entities. Service of any subpoena issued
6		under subsection (a) or of any petition filed under
7		subsection (j) may be made upon a partnership,
8		corporation, association, or other legal entity by:
9		(A) delivering an executed copy of such subpoena
10		or petition to any partner, executive officer,
11		managing agent, general agent, or registered agent of
12		the partnership, corporation, association, or entity;
13		(B) delivering an executed copy of such subpoena
14		or petition to the principal office or place of
15		business of the partnership, corporation, association,
16		or entity; or
17		(C) depositing an executed copy of such subpoena
18		or petition in the United States mails by registered
19		or certified mail, with a return receipt requested,
20		addressed to such partnership, corporation,
21		association, or entity as its principal office or
22		place of business.
23		(2) Natural person. Service of any such subpoena or
24		petition may be made upon any natural person by:
25		(A) delivering an executed copy of such subpoena
26		or petition to the person; or

HB4844 Engrossed - 2102 - LRB103 39009 AMC 69146 b
1		(B) depositing an executed copy of such subpoena
2		or petition in the United States mails by registered
3		or certified mail, with a return receipt requested,
4		addressed to the person at the person's residence or
5		principal office or place of business.
6		(e) Proof of service. A verified return by the individual
7		serving any subpoena issued under subsection (a) or any
8		petition filed under subsection (j) setting forth the manner
9		of such service shall be proof of such service. In the case of
10		service by registered or certified mail, such return shall be
11		accompanied by the return post office receipt of delivery of
12		such subpoena.
13		(f) Documentary material.
14		(1) Sworn certificates. The production of documentary
15		material in response to a subpoena served under this
16		Section shall be made under a sworn certificate, in such
17		form as the subpoena designates, by:
18		(A) in the case of a natural person, the person to
19		whom the subpoena is directed, or
20		(B) in the case of a person other than a natural
21		person, a person having knowledge of the facts and
22		circumstances relating to such production and
23		authorized to act on behalf of such person.
24		The certificate shall state that all of the documentary
25		material required by the demand and in the possession,
26		custody, or control of the person to whom the subpoena is

HB4844 Engrossed - 2103 - LRB103 39009 AMC 69146 b
1		directed has been produced and made available to the
2		Attorney General.
3		(2) Production of materials. Any person upon whom any
4		subpoena for the production of documentary material has
5		been served under this Section shall make such material
6		available for inspection and copying to the Attorney
7		General at the place designated in the subpoena, or at
8		such other place as the Attorney General and the person
9		thereafter may agree and prescribe in writing, or as the
10		court may direct under subsection (j)(1). Such material
11		shall be made so available on the return date specified in
12		such subpoena, or on such later date as the Attorney
13		General may prescribe in writing. Such person may, upon
14		written agreement between the person and the Attorney
15		General, substitute copies for originals of all or any
16		part of such material.
17		(g) Interrogatories. Each interrogatory in a subpoena
18		served under this Section shall be answered separately and
19		fully in writing under oath and shall be submitted under a
20		sworn certificate, in such form as the subpoena designates by:
21		(1) in the case of a natural person, the person to whom
22		the subpoena is directed, or
23		(2) in the case of a person other than a natural
24		person, the person or persons responsible for answering
25		each interrogatory.
26		If any interrogatory is objected to, the reasons for the

HB4844 Engrossed - 2104 - LRB103 39009 AMC 69146 b
1		objection shall be stated in the certificate instead of an
2		answer. The certificate shall state that all information
3		required by the subpoena and in the possession, custody,
4		control, or knowledge of the person to whom the demand is
5		directed has been submitted. To the extent that any
6		information is not furnished, the information shall be
7		identified and reasons set forth with particularity regarding
8		the reasons why the information was not furnished.
9		(h) Oral examinations.
10		(1) Procedures. The examination of any person pursuant
11		to a subpoena for oral testimony served under this Section
12		shall be taken before an officer authorized to administer
13		oaths and affirmations by the laws of this State or of the
14		place where the examination is held. The officer before
15		whom the testimony is to be taken shall put the witness on
16		oath or affirmation and shall, personally or by someone
17		acting under the direction of the officer and in the
18		officer's presence, record the testimony of the witness.
19		The testimony shall be taken stenographically and shall be
20		transcribed. When the testimony is fully transcribed, the
21		officer before whom the testimony is taken shall promptly
22		transmit a certified copy of the transcript of the
23		testimony in accordance with the instructions of the
24		Attorney General. This subsection shall not preclude the
25		taking of testimony by any means authorized by, and in a
26		manner consistent with, the Code of Civil Procedure.

HB4844 Engrossed - 2105 - LRB103 39009 AMC 69146 b
1		(2) Persons present. The investigator conducting the
2		examination shall exclude from the place where the
3		examination is held all persons except the person giving
4		the testimony, the attorney for and any other
5		representative of the person giving the testimony, the
6		attorney for the State, any person who may be agreed upon
7		by the attorney for the State and the person giving the
8		testimony, the officer before whom the testimony is to be
9		taken, and any stenographer taking such testimony.
10		(3) Where testimony taken. The oral testimony of any
11		person taken pursuant to a subpoena served under this
12		Section shall be taken in the county within which such
13		person resides, is found, or transacts business, or in
14		such other place as may be agreed upon by the Attorney
15		General and such person.
16		(4) Transcript of testimony. When the testimony is
17		fully transcribed, the Attorney General or the officer
18		before whom the testimony is taken shall afford the
19		witness, who may be accompanied by counsel, a reasonable
20		opportunity to review and correct the transcript, in
21		accordance with the rules applicable to deposition
22		witnesses in civil cases. Upon payment of reasonable
23		charges, the Attorney General shall furnish a copy of the
24		transcript to the witness, except that the Attorney
25		General may, for good cause, limit the witness to
26		inspection of the official transcript of the witness'

HB4844 Engrossed - 2106 - LRB103 39009 AMC 69146 b
1		testimony.
2		(5) Conduct of oral testimony.
3		(A) Any person compelled to appear for oral
4		testimony under a subpoena issued under subsection (a)
5		may be accompanied, represented, and advised by
6		counsel, who may raise objections based on matters of
7		privilege in accordance with the rules applicable to
8		depositions in civil cases. If such person refuses to
9		answer any question, a petition may be filed in
10		circuit court under subsection (j)(1) for an order
11		compelling such person to answer such question.
12		(B) If such person refuses any question on the
13		grounds of the privilege against self-incrimination,
14		the testimony of such person may be compelled in
15		accordance with Article 106 of the Code of Criminal
16		Procedure of 1963.
17		(6) Witness fees and allowances. Any person appearing
18		for oral testimony under a subpoena issued under
19		subsection (a) shall be entitled to the same fees and
20		allowances which are paid to witnesses in the circuit
21		court.
22		(i) Custodians of documents, answers, and transcripts.
23		(1) Designation. The Attorney General or his or her
24		delegate shall serve as custodian of documentary material,
25		answers to interrogatories, and transcripts of oral
26		testimony received under this Section.

HB4844 Engrossed - 2107 - LRB103 39009 AMC 69146 b
1		(2) Except as otherwise provided in this Section, no
2		documentary material, answers to interrogatories, or
3		transcripts of oral testimony, or copies thereof, while in
4		the possession of the custodian, shall be available for
5		examination by any individual, except as determined
6		necessary by the Attorney General and subject to the
7		conditions imposed by him or her for effective enforcement
8		of the laws of this State, or as otherwise provided by
9		court order.
10		(3) Conditions for return of material. If any
11		documentary material has been produced by any person in
12		the course of any investigation pursuant to a subpoena
13		under this Section and:
14		(A) any case or proceeding before the court or
15		grand jury arising out of such investigation, or any
16		proceeding before any State agency involving such
17		material, has been completed, or
18		(B) no case or proceeding in which such material
19		may be used has been commenced within a reasonable
20		time after completion of the examination and analysis
21		of all documentary material and other information
22		assembled in the course of such investigation,
23		the custodian shall, upon written request of the person
24		who produced such material, return to such person any such
25		material which has not passed into the control of any
26		court, grand jury, or agency through introduction into the

HB4844 Engrossed - 2108 - LRB103 39009 AMC 69146 b
1		record of such case or proceeding.
2		(j) Judicial proceedings.
3		(1) Petition for enforcement. Whenever any person
4		fails to comply with any subpoena issued under subsection
5		(a), or whenever satisfactory copying or reproduction of
6		any material requested in such demand cannot be done and
7		such person refuses to surrender such material, the
8		Attorney General may file, in the circuit court of any
9		county in which such person resides, is found, or
10		transacts business, or the circuit court of the county in
11		which an action filed pursuant to Section 4 of this Act is
12		pending if the action relates to the subject matter of the
13		subpoena and serve upon such person a petition for an
14		order of such court for the enforcement of the subpoena.
15		(2) Petition to modify or set aside subpoena.
16		(A) Any person who has received a subpoena issued
17		under subsection (a) may file, in the circuit court of
18		any county within which such person resides, is found,
19		or transacts business, and serve upon the Attorney
20		General a petition for an order of the court to modify
21		or set aside such subpoena. In the case of a petition
22		addressed to an express demand for any product of
23		discovery, a petition to modify or set aside such
24		demand may be brought only in the circuit court of the
25		county in which the proceeding in which such discovery
26		was obtained is or was last pending. Any petition

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1		under this subparagraph (A) must be filed:
2		(i) within 20 days after the date of service
3		of the subpoena, or at any time before the return
4		date specified in the subpoena, whichever date is
5		earlier, or
6		(ii) within such longer period as may be
7		prescribed in writing by the Attorney General.
8		(B) The petition shall specify each ground upon
9		which the petitioner relies in seeking relief under
10		subparagraph (A), and may be based upon any failure of
11		the subpoena to comply with the provisions of this
12		Section or upon any constitutional or other legal
13		right or privilege of such person. During the pendency
14		of the petition in the court, the court may stay, as it
15		deems proper, the running of the time allowed for
16		compliance with the subpoena, in whole or in part,
17		except that the person filing the petition shall
18		comply with any portion of the subpoena not sought to
19		be modified or set aside.
20		(3) Petition to modify or set aside demand for product
21		of discovery. In the case of any subpoena issued under
22		subsection (a) which is an express demand for any product
23		of discovery, the person from whom such discovery was
24		obtained may file, in the circuit court of the county in
25		which the proceeding in which such discovery was obtained
26		is or was last pending, a petition for an order of such

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1		court to modify or set aside those portions of the
2		subpoena requiring production of any such product of
3		discovery, subject to the same terms, conditions, and
4		limitations set forth in subparagraph (j)(2) of this
5		Section.
6		(4) Jurisdiction. Whenever any petition is filed in
7		any circuit court under this subsection (j), such court
8		shall have jurisdiction to hear and determine the matter
9		so presented, and to enter such orders as may be required
10		to carry out the provisions of this Section. Any final
11		order so entered shall be subject to appeal in the same
12		manner as appeals of other final orders in civil matters.
13		Any disobedience of any final order entered under this
14		Section by any court shall be punished as a contempt of the
15		court.
16		(k) Disclosure exemption. Any documentary material,
17		answers to written interrogatories, or oral testimony provided
18		under any subpoena issued under subsection (a) shall be exempt
19		from disclosure under the Illinois Administrative Procedure
20		Act.
21		(Source: P.A. 103-145, eff. 10-1-23; revised 9-20-23.)
22		Section 605. The Good Samaritan Act is amended by changing
23		Section 42 as follows:
24		(745 ILCS 49/42)

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1		Sec. 42. Optometrists; exemption from civil liability for
2		emergency care. Any optometrist or any person licensed as an a
3		optometrist in any other state or territory of the United
4		States who in good faith provides emergency care without fee
5		to a victim of an accident at the scene of an accident shall
6		not, as a result of his or her acts or omissions, except
7		willful or wanton misconduct on the part of the person, in
8		providing the care, be liable for civil damages.
9		(Source: P.A. 90-413, eff. 1-1-98; revised 9-20-23.)
10		Section 610. The Emancipation of Minors Act is amended by
11		changing Section 2 as follows:
12		(750 ILCS 30/2) (from Ch. 40, par. 2202)
13		Sec. 2. Purpose and policy. The purpose of this Act is to
14		provide a means by which a mature minor who has demonstrated
15		the ability and capacity to manage the minor's own affairs and
16		to live wholly or partially independent of the minor's parents
17		or guardian, may obtain the legal status of an emancipated
18		person with power to enter into valid legal contracts.
19		This Act is not intended to interfere with the integrity
20		of the family or the rights of parents and their children. No
21		order of complete or partial emancipation may be entered under
22		this Act if there is any objection by the minor. An order of
23		complete or partial emancipation may be entered under this Act
24		if there is an objection by the minor's parents or guardian

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1		only if the court finds, in a hearing, that emancipation would
2		be in the minor's best interests. This Act does not limit or
3		exclude any other means either in statute or case law by which
4		a minor may become emancipated.
5		(g) Beginning January 1, 2019, and annually thereafter
6		through January 1, 2024, the Department of Human Services
7		shall submit annual reports to the General Assembly regarding
8		homeless minors older than 16 years of age but less than 18
9		years of age referred to a youth transitional housing program
10		for whom parental consent to enter the program is not
11		obtained. The report shall include the following information:
12		(1) the number of homeless minors referred to youth
13		transitional housing programs;
14		(2) the number of homeless minors who were referred
15		but a licensed youth transitional housing program was not
16		able to provide housing and services, and what subsequent
17		steps, if any, were taken to ensure that the homeless
18		minors were referred to an appropriate and available
19		alternative placement;
20		(3) the number of homeless minors who were referred
21		but determined to be ineligible for a youth transitional
22		housing program and the reason why the homeless minors
23		were determined to be ineligible, and what subsequent
24		steps, if any, were taken to ensure that the homeless
25		minors were referred to an appropriate and available
26		alternative placement; and

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1		(4) the number of homeless minors who voluntarily left
2		the program and who were dismissed from the program while
3		they were under the age of 18, and what subsequent steps,
4		if any, were taken to ensure that the homeless minors were
5		referred to an appropriate and available alternative
6		placement.
7		(Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.)
8		Section 615. The Electric Vehicle Charging Act is amended
9		by changing Sections 15, 25, and 35 as follows:
10		(765 ILCS 1085/15)
11		Sec. 15. Definitions. As used in this Act:
12		"Affordable housing development" means (i) any housing
13		that is subsidized by the federal or State government or (ii)
14		any housing in which at least 20% of the dwelling units are
15		subject to covenants or restrictions that require that the
16		dwelling units to be sold or rented at prices that preserve
17		them as affordable housing for a period of at least 10 years.
18		"Association" has the meaning set forth in subsection (o)
19		of Section 2 of the Condominium Property Act or Section 1-5 of
20		the Common Interest Community Association Act, as applicable.
21		"Electric vehicle" means a vehicle that is exclusively
22		powered by and refueled by electricity, plugs in to charge,
23		and is licensed to drive on public roadways. "Electric
24		vehicle" does not include electric mopeds, electric

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1		off-highway vehicles, hybrid electric vehicles, or
2		extended-range electric vehicles that are equipped, fully or
3		partially, with conventional fueled propulsion or auxiliary
4		engines.
5		"Electric vehicle charging system" means a device that is:
6		(1) used to provide electricity to an electric
7		vehicle;
8		(2) designed to ensure that a safe connection has been
9		made between the electric grid and the electric vehicle;
10		and
11		(3) able to communicate with the vehicle's control
12		system so that electricity flows at an appropriate voltage
13		and current level. An electric vehicle charging system may
14		be wall mounted or pedestal style, may provide multiple
15		cords to connect with electric vehicles, and shall:
16		(i) be certified by Underwriters Laboratories or
17		have been granted an equivalent certification; and
18		(ii) comply with the current version of Article
19		625 of the National Electrical Code.
20		"Electric vehicle supply equipment" or "EVSE" means a
21		conductor, including an ungrounded, grounded, and equipment
22		grounding conductor, and electric vehicle connectors,
23		attachment plugs, and all other fittings, devices, power
24		outlets, and apparatuses installed specifically for the
25		purpose of transferring energy between the premises wiring and
26		the electric vehicle.

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1		"EV-capable" means parking spaces that have the electrical
2		panel capacity and conduit installed during construction to
3		support future implementation of electric vehicle charging
4		with 208-volt or 240-volt or greater, 40-ampere or greater
5		circuits. Each EV-capable space shall feature a continuous
6		raceway or cable assembly installed between an enclosure or
7		outlet located within 3 feet of the EV-capable space and a
8		suitable panelboard or other onsite electrical distribution
9		equipment. The electrical distribution equipment to which the
10		raceway or cable assembly connects shall have sufficient
11		dedicated space and spare electrical capacity for a 2-pole
12		circuit breaker or set of fuses. Reserved capacity shall be no
13		less than 40A 208/240V for each EV-capable space unless
14		EV-capable spaces will be controlled by an energy management
15		system providing load management in accordance with NFPA 70,
16		shall have a minimum capacity of 4.1 kilovolt-ampere per
17		space, or have a minimum capacity of 2.7 kilovolt-ampere per
18		space when all of the parking spaces are designed to be
19		EV-capable spaces, EV-ready spaces, or EVSE-installed spaces.
20		The electrical enclosure or outlet and the electrical
21		distribution equipment directory shall be marked "For future
22		electric vehicle supply equipment (EVSE)." This strategy
23		ensures the reduction of up-front costs for electric vehicle
24		charging station installation by providing the electrical
25		elements that are difficult to install during a retrofit.
26		Anticipating the use of dual-head EVSE, the same circuit may

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1		be used to support charging in adjacent EV-capable spaces. For
2		purposes of this Act, "EV-capable" "EV capable" shall not be
3		construed to require a developer or builder to install or run
4		wire or cable from the electrical panel through the conduit or
5		raceway to the terminus of the conduit.
6		"EV-ready" means parking spaces that are provided with a
7		branch circuit and either an outlet, junction box, or
8		receptacle that will support an installed EVSE. Each branch
9		circuit serving EV-ready spaces shall terminate at an outlet
10		or enclosure, located within 3 feet of each EV-ready space it
11		serves. The panelboard or other electrical distribution
12		equipment directory shall designate the branch circuit as "For
13		electric vehicle supply equipment (EVSE)" and the outlet or
14		enclosure shall be marked "For electric vehicle supply
15		equipment (EVSE)." The capacity of each branch circuit serving
16		multiple EV-ready spaces designed to be controlled by an
17		energy management system providing load management in
18		accordance with NFPA 70, shall have a minimum capacity of 4.1
19		kilovolt-ampere per space, or have a minimum capacity of 2.7
20		kilovolt-ampere per space when all of the parking spaces are
21		designed to be EV-capable spaces, EV-ready spaces, or EVSE
22		spaces.
23		"EVSE-installed" means electric vehicle supply equipment
24		that is fully installed from the electrical panel to the
25		parking space.
26		"Large multifamily residence" means a single residential

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1		building that accommodates 5 families or more.
2		"Level 1" means a 120-volt 20-ampere minimum branch
3		circuit.
4		"Level 2" means a 208-volt to 240-volt 40-ampere branch
5		circuit.
6		"New" means newly constructed.
7		"Reasonable restriction" means a restriction that does not
8		significantly increase the cost of the electric vehicle
9		charging station or electric vehicle charging system or
10		significantly decrease its efficiency or specified
11		performance.
12		"Single-family residence" means a detached single-family
13		residence on a single lot.
14		"Small multifamily residence" means a single residential
15		building that accommodates 2 to 4 families.
16		(Source: P.A. 103-53, eff. 1-1-24; revised 12-22-23.)
17		(765 ILCS 1085/25)
18		Sec. 25. Residential requirements.
19		(a) All building permits issued 90 days after the
20		effective date of this Act shall require a new, large
21		multifamily residential building or a large multifamily
22		residential building being renovated by a developer converting
23		the property to an association to have 100% of its total
24		parking spaces EV-capable. However, nothing in this Act shall
25		be construed to require that in the case of a developer

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1		converting the property to an association, no EV-capable or
2		EV-ready mandate shall apply if it would necessitate the
3		developer having to excavate an existing surface lot or other
4		parking facility in order to retrofit retro-fit the parking
5		lot or facility with the necessary conduit and wiring.
6		(b) The following requirements and timelines shall apply
7		for affordable housing. A new construction single-family
8		residence or small multifamily residence that qualifies as an
9		affordable housing development under the same project
10		ownership and is located on a campus with centralized parking
11		areas is subject to the requirements and timelines below.
12		All building permits issued 24 months after the effective
13		date of this Act shall require a new construction large
14		multifamily residence that qualifies as an affordable housing
15		development to have the following, unless additional
16		requirements are required under a subsequently adopted
17		building code:
18		(1) For permits issued 24 months after the effective
19		date of this Act, a minimum of 40% EV-capable parking
20		spaces.
21		(2) For permits issued 5 years after the effective
22		date of this Act, a minimum of 50% EV-capable parking
23		spaces.
24		(3) For permits issued 10 years after the effective
25		date of this Act, a minimum of 70% EV-capable parking
26		spaces.

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1		(d) An accessible parking space is not required by this
2		Section if no accessible parking spaces are required by the
3		local zoning code.
4		(Source: P.A. 103-53, eff. 1-1-24; revised 12-22-23.)
5		(765 ILCS 1085/35)
6		Sec. 35. Electric vehicle charging system policy for
7		renters.
8		(a) Notwithstanding any provision in the lease to the
9		contrary and subject to subsection (b):
10		(1) a tenant may install, at the tenant's expense for
11		the tenant's own use, a level 1 receptacle or outlet, a
12		level 2 receptacle or outlet, or a level 2 electric
13		vehicle charging system on or in the leased premises;
14		(2) a landlord shall not assess or charge a tenant any
15		fee for the placement or use of an electric vehicle
16		charging system, except that:
17		(A) the landlord may:
18		(i) require reimbursement for the actual cost
19		of electricity provided by the landlord that was
20		used by the electric vehicle charging system;
21		(ii) charge a reasonable fee for access. If
22		the electric vehicle charging system is part of a
23		network for which a network fee is charged, the
24		landlord's reimbursement may include the amount of
25		the network fee. Nothing in this subparagraph

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1		requires a landlord to impose upon a tenant a fee
2		or charge other than the rental payments specified
3		in the lease; or
4		(iii) charge a security deposit to cover costs
5		to restore the property to its original condition
6		if the tenant removes the electric vehicle
7		charging system; .
8		(B) the landlord may require reimbursement for the
9		cost of the installation of the electric vehicle
10		charging system, including any additions or upgrades
11		to existing wiring directly attributable to the
12		requirements of the electric vehicle charging system,
13		if the landlord places or causes the electric vehicle
14		charging system to be placed at the request of the
15		tenant; and
16		(C) if the tenant desires to place an electric
17		vehicle charging system in an area accessible to other
18		tenants, the landlord may assess or charge the tenant
19		a reasonable fee to reserve a specific parking space
20		in which to install the electric vehicle charging
21		system.
22		(b) A landlord may require a tenant to comply with:
23		(1) bona fide safety requirements consistent with an
24		applicable building code or recognized safety standard for
25		the protection of persons and property;
26		(2) a requirement that the electric vehicle charging

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1		system be registered with the landlord within 30 days
2		after installation; or
3		(3) reasonable aesthetic provisions that govern the
4		dimensions, placement, or external appearance of an
5		electric vehicle charging system.
6		(c) A tenant may place an electric vehicle charging system
7		if:
8		(1) the electric vehicle charging system is in
9		compliance with all applicable requirements adopted by a
10		landlord under subsection (b); and
11		(2) the tenant agrees, in writing, to:
12		(A) comply with the landlord's design
13		specifications for the installation of an electric
14		vehicle charging system;
15		(B) engage the services of a duly licensed and
16		registered electrical contractor familiar with the
17		installation and code requirements of an electric
18		vehicle charging system; and
19		(C) provide, within 14 days after receiving the
20		landlord's consent for the installation, a certificate
21		of insurance naming the landlord as an additional
22		insured party on the tenant's renter's insurance
23		policy for any claim related to the installation,
24		maintenance, or use of the electric vehicle charging
25		system or, at the landlord's option, reimbursement to
26		the landlord for the actual cost of any increased

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1		insurance premium amount attributable to the electric
2		vehicle charging system, notwithstanding any provision
3		to the contrary in the lease. The tenant shall provide
4		reimbursement for an increased insurance premium
5		amount within 14 days after the tenant receives the
6		landlord's invoice for the amount attributable to the
7		electric vehicle charging system.
8		(d) If the landlord consents to a tenant's installation of
9		an electric vehicle charging system on property accessible to
10		other tenants, including a parking space, carport, or garage
11		stall, then, unless otherwise specified in a written agreement
12		with the landlord:
13		(1) The tenant, and each successive tenant with
14		exclusive rights to the area where the electric vehicle
15		charging system is installed, is responsible for costs for
16		damages to the electric vehicle charging system and to any
17		other property of the landlord or another tenant resulting
18		from the installation, maintenance, repair, removal, or
19		replacement of the electric vehicle charging system.
20		(A) Costs under this paragraph shall be based on:
21		(i) an embedded submetering device; or
22		(ii) a reasonable calculation of cost, based
23		on the average miles driven, efficiency of the
24		electric vehicle calculated by the United States
25		Environmental Protection Agency, and the cost of
26		electricity for the common area.

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1		(B) The purpose of the costs under this paragraph
2		is for reasonable reimbursement of electricity usage
3		and shall not be set to deliberately exceed that
4		reasonable reimbursement.
5		(2) Each successive tenant with exclusive rights to
6		the area where the electric vehicle charging system is
7		installed shall assume responsibility for the repair,
8		maintenance, removal, and replacement of the electric
9		vehicle charging system until the electric vehicle
10		charging system is removed.
11		(3) The tenant, and each successive tenant with
12		exclusive rights to the area where the electric vehicle
13		charging system is installed, shall, at all times, have
14		and maintain an insurance policy covering the obligations
15		of the tenant under this subsection and shall name the
16		landlord as an additional insured party under the policy.
17		(4) The tenant, and each successive tenant with
18		exclusive rights to the area where the electric vehicle
19		charging system is installed, is responsible for removing
20		the system if reasonably necessary or convenient for the
21		repair, maintenance, or replacement of any property of the
22		landlord, whether or not leased to another tenant.
23		(e) An electric vehicle charging system installed at the
24		tenant's cost is the property of the tenant. Upon termination
25		of the lease, if the electric vehicle charging system is
26		removable, the tenant may either remove it or sell it to the

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1		landlord or another tenant for an agreed price. Nothing in
2		this subsection requires the landlord or another tenant to
3		purchase the electric vehicle charging system.
4		(f) A landlord that willfully violates this Section shall
5		be liable to the tenant for actual damages, and shall pay a
6		civil penalty to the tenant in an amount not to exceed $1,000.
7		(g) In any action by a tenant requesting to have an
8		electric vehicle charging system installed and seeking to
9		enforce compliance with this Section, the court shall award
10		reasonable attorney's fees to a prevailing plaintiff.
11		(h) A tenant whose landlord is an owner in an association
12		and who desires to install an electric vehicle charging
13		station must obtain approval to do so through the tenant's
14		landlord or owner and in accordance with those provisions of
15		this Act applicable to associations.
16		(Source: P.A. 103-53, eff. 1-1-24; revised 12-22-23.)
17		Section 620. The Illinois Human Rights Act is amended by
18		changing Section 8-101 as follows:
19		(775 ILCS 5/8-101)
20		Sec. 8-101. Illinois Human Rights Commission.
21		(A) Creation; appointments. The Human Rights Commission is
22		created to consist of 7 members appointed by the Governor with
23		the advice and consent of the Senate. No more than 4 members
24		shall be of the same political party. The Governor shall

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1		designate one member as chairperson. All appointments shall be
2		in writing and filed with the Secretary of State as a public
3		record.
4		(B) Terms. Of the members first appointed, 4 shall be
5		appointed for a term to expire on the third Monday of January,
6		2021, and 3 (including the Chairperson) shall be appointed for
7		a term to expire on the third Monday of January, 2023.
8		Notwithstanding any provision of this Section to the
9		contrary, the term of office of each member of the Illinois
10		Human Rights Commission is abolished on January 19, 2019.
11		Incumbent members holding a position on the Commission that
12		was created by Public Act 84-115 and whose terms, if not for
13		Public Act 100-1066 this amendatory Act of the 100th General
14		Assembly, would have expired January 18, 2021 shall continue
15		to exercise all of the powers and be subject to all of the
16		duties of members of the Commission until June 30, 2019 or
17		until their respective successors are appointed and qualified,
18		whichever is earlier.
19		Thereafter, each member shall serve for a term of 4 years
20		and until the member's successor is appointed and qualified;
21		except that any member chosen to fill a vacancy occurring
22		otherwise than by expiration of a term shall be appointed only
23		for the unexpired term of the member whom the member shall
24		succeed and until the member's successor is appointed and
25		qualified.
26		(C) Vacancies.

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1		(1) In the case of vacancies on the Commission during
2		a recess of the Senate, the Governor shall make a
3		temporary appointment until the next meeting of the Senate
4		when the Governor shall appoint a person to fill the
5		vacancy. Any person so nominated and confirmed by the
6		Senate shall hold office for the remainder of the term and
7		until the person's successor is appointed and qualified.
8		(2) If the Senate is not in session at the time this
9		Act takes effect, the Governor shall make temporary
10		appointments to the Commission as in the case of
11		vacancies.
12		(3) Vacancies in the Commission shall not impair the
13		right of the remaining members to exercise all the powers
14		of the Commission. Except when authorized by this Act to
15		proceed through a 3 member panel, a majority of the
16		members of the Commission then in office shall constitute
17		a quorum.
18		(D) Compensation. On and after January 19, 2019, the
19		Chairperson of the Commission shall be compensated at the rate
20		of $125,000 per year, or as set by the Compensation Review
21		Board, whichever is greater, during the Chairperson's service
22		as Chairperson, and each other member shall be compensated at
23		the rate of $119,000 per year, or as set by the Compensation
24		Review Board, whichever is greater. In addition, all members
25		of the Commission shall be reimbursed for expenses actually
26		and necessarily incurred by them in the performance of their

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1		duties.
2		(E) Notwithstanding the general supervisory authority of
3		the Chairperson, each commissioner, unless appointed to the
4		special temporary panel created under subsection (H), has the
5		authority to hire and supervise a staff attorney. The staff
6		attorney shall report directly to the individual commissioner.
7		(F) A formal training program for newly appointed
8		commissioners shall be implemented. The training program shall
9		include the following:
10		(1) substantive and procedural aspects of the office
11		of commissioner;
12		(2) current issues in employment and housing
13		discrimination and public accommodation law and practice;
14		(3) orientation to each operational unit of the Human
15		Rights Commission;
16		(4) observation of experienced hearing officers and
17		commissioners conducting hearings of cases, combined with
18		the opportunity to discuss evidence presented and rulings
19		made;
20		(5) the use of hypothetical cases requiring the newly
21		appointed commissioner to issue judgments as a means of
22		evaluating knowledge and writing ability;
23		(6) writing skills; and
24		(7) professional and ethical standards.
25		A formal and ongoing professional development program
26		including, but not limited to, the above-noted areas shall be

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1		implemented to keep commissioners informed of recent
2		developments and issues and to assist them in maintaining and
3		enhancing their professional competence. Each commissioner
4		shall complete 20 hours of training in the above-noted areas
5		during every 2 years the commissioner remains in office.
6		(G) Commissioners must meet one of the following
7		qualifications:
8		(1) licensed to practice law in the State of Illinois;
9		(2) at least 3 years of experience as a hearing
10		officer at the Human Rights Commission; or
11		(3) at least 4 years of professional experience
12		working for or dealing with individuals or corporations
13		affected by this Act or similar laws in other
14		jurisdictions, including, but not limited to, experience
15		with a civil rights advocacy group, a fair housing group,
16		a community organization, a trade association, a union, a
17		law firm, a legal aid organization, an employer's human
18		resources department, an employment discrimination
19		consulting firm, a community affairs organization, or a
20		municipal human relations agency.
21		The Governor's appointment message, filed with the
22		Secretary of State and transmitted to the Senate, shall state
23		specifically how the experience of a nominee for commissioner
24		meets the requirement set forth in this subsection. The
25		Chairperson must have public or private sector management and
26		budget experience, as determined by the Governor.

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1		Each commissioner shall devote full time to the
2		commissioner's duties and any commissioner who is an attorney
3		shall not engage in the practice of law, nor shall any
4		commissioner hold any other office or position of profit under
5		the United States or this State or any municipal corporation
6		or political subdivision of this State, nor engage in any
7		other business, employment, or vocation.
8		(H) (Blank).
9		(Source: P.A. 102-1129, eff. 2-10-23; 103-326, eff. 1-1-24;
10		revised 12-15-23.)
11		Section 622. The Business Corporation Act of 1983 is
12		amended by changing Section 1.80 as follows:
13		(805 ILCS 5/1.80) (from Ch. 32, par. 1.80)
14		Sec. 1.80. Definitions. As used in this Act, unless the
15		context otherwise requires, the words and phrases defined in
16		this Section shall have the meanings set forth herein.
17		(a) "Corporation" or "domestic corporation" means a
18		corporation subject to the provisions of this Act, except a
19		foreign corporation.
20		(b) "Foreign corporation" means a corporation for profit
21		organized under laws other than the laws of this State, but
22		shall not include a banking corporation organized under the
23		laws of another state or of the United States, a foreign
24		banking corporation organized under the laws of a country

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1		other than the United States and holding a certificate of
2		authority from the Commissioner of Banks and Real Estate
3		issued pursuant to the Foreign Banking Office Act, or a
4		banking corporation holding a license from the Commissioner of
5		Banks and Real Estate issued pursuant to the Foreign Bank
6		Representative Office Act.
7		(c) "Articles of incorporation" means the original
8		articles of incorporation, including the articles of
9		incorporation of a new corporation set forth in the articles
10		of consolidation, and all amendments thereto, whether
11		evidenced by articles of amendment, articles of merger,
12		articles of exchange, statement of correction affecting
13		articles, resolution establishing series of shares or a
14		statement of cancellation under Section 9.05. Restated
15		articles of incorporation shall supersede the original
16		articles of incorporation and all amendments thereto prior to
17		the effective date of filing the articles of amendment
18		incorporating the restated articles of incorporation.
19		(d) "Subscriber" means one who subscribes for shares in a
20		corporation, whether before or after incorporation.
21		(e) "Incorporator" means one of the signers of the
22		original articles of incorporation.
23		(f) "Shares" means the units into which the proprietary
24		interests in a corporation are divided.
25		(g) "Shareholder" means one who is a holder of record of
26		shares in a corporation.

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1		(h) "Certificate" representing shares means a written
2		instrument executed by the proper corporate officers, as
3		required by Section 6.35 of this Act, evidencing the fact that
4		the person therein named is the holder of record of the share
5		or shares therein described. If the corporation is authorized
6		to issue uncertificated shares in accordance with Section 6.35
7		of this Act, any reference in this Act to shares represented by
8		a certificate shall also refer to uncertificated shares and
9		any reference to a certificate representing shares shall also
10		refer to the written notice in lieu of a certificate provided
11		for in Section 6.35.
12		(i) "Authorized shares" means the aggregate number of
13		shares of all classes which the corporation is authorized to
14		issue.
15		(j) "Paid-in capital" means the sum of the cash and other
16		consideration received, less expenses, including commissions,
17		paid or incurred by the corporation, in connection with the
18		issuance of shares, plus any cash and other consideration
19		contributed to the corporation by or on behalf of its
20		shareholders, plus amounts added or transferred to paid-in
21		capital by action of the board of directors or shareholders
22		pursuant to a share dividend, share split, or otherwise, minus
23		reductions as provided elsewhere in this Act. Irrespective of
24		the manner of designation thereof by the laws under which a
25		foreign corporation is or may be organized, paid-in capital of
26		a foreign corporation shall be determined on the same basis

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1		and in the same manner as paid-in capital of a domestic
2		corporation, for the purpose of computing license fees,
3		franchise taxes and other charges imposed by this Act.
4		(k) "Net assets", for the purpose of determining the right
5		of a corporation to purchase its own shares and of determining
6		the right of a corporation to declare and pay dividends and
7		make other distributions to shareholders is equal to the
8		difference between the assets of the corporation and the
9		liabilities of the corporation.
10		(l) "Registered office" means that office maintained by
11		the corporation in this State, the address of which is on file
12		in the office of the Secretary of State, at which any process,
13		notice or demand required or permitted by law may be served
14		upon the registered agent of the corporation.
15		(m) "Insolvent" means that a corporation is unable to pay
16		its debts as they become due in the usual course of its
17		business.
18		(n) "Anniversary" means that day each year exactly one or
19		more years after:
20		(1) the date of filing the articles of incorporation
21		prescribed by Section 2.10 of this Act, in the case of a
22		domestic corporation;
23		(2) the date of filing the application for authority
24		prescribed by Section 13.15 of this Act, in the case of a
25		foreign corporation; or
26		(3) the date of filing the articles of consolidation

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1		prescribed by Section 11.25 of this Act in the case of a
2		consolidation, unless the plan of consolidation provides
3		for a delayed effective date, pursuant to Section 11.40.
4		(o) "Anniversary month" means the month in which the
5		anniversary of the corporation occurs.
6		(p) "Extended filing month" means the month (if any) which
7		shall have been established in lieu of the corporation's
8		anniversary month in accordance with Section 14.01.
9		(q) "Taxable year" means that 12-month 12 month period
10		commencing with the first day of the anniversary month of a
11		corporation through the last day of the month immediately
12		preceding the next occurrence of the anniversary month of the
13		corporation, except that in the case of a corporation that has
14		established an extended filing month "taxable year" means that
15		12-month 12 month period commencing with the first day of the
16		extended filing month through the last day of the month
17		immediately preceding the next occurrence of the extended
18		filing month.
19		(r) "Fiscal year" means the 12-month 12 month period with
20		respect to which a corporation ordinarily files its federal
21		income tax return.
22		(s) "Close corporation" means a corporation organized
23		under or electing to be subject to Article 2A of this Act, the
24		articles of incorporation of which contain the provisions
25		required by Section 2.10, and either the corporation's
26		articles of incorporation or an agreement entered into by all

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1		of its shareholders provide that all of the issued shares of
2		each class shall be subject to one or more of the restrictions
3		on transfer set forth in Section 6.55 of this Act.
4		(t) "Common shares" means shares which have no preference
5		over any other shares with respect to distribution of assets
6		on liquidation or with respect to payment of dividends.
7		(u) "Delivered", for the purpose of determining if any
8		notice required by this Act is effective, means:
9		(1) transferred or presented to someone in person; or
10		(2) deposited in the United States Mail addressed to
11		the person at his, her or its address as it appears on the
12		records of the corporation, with sufficient first-class
13		postage prepaid thereon.
14		(v) "Property" means gross assets including, without
15		limitation, all real, personal, tangible, and intangible
16		property.
17		(w) "Taxable period" means that 12-month period commencing
18		with the first day of the second month preceding the
19		corporation's anniversary month in the preceding year and
20		prior to the first day of the second month immediately
21		preceding its anniversary month in the current year, except
22		that, in the case of a corporation that has established an
23		extended filing month, "taxable period" means that 12-month
24		period ending with the last day of its fiscal year immediately
25		preceding the extended filing month. In the case of a newly
26		formed domestic corporation or a newly registered foreign

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1		corporation that had not commenced transacting business in
2		this State prior to obtaining authority, "taxable period"
3		means that period commencing with the filing of the articles
4		of incorporation or, in the case of a foreign corporation, of
5		filing of the application for authority, and prior to the
6		first day of the second month immediately preceding its
7		anniversary month in the next succeeding year.
8		(x) "Treasury shares" mean (1) shares of a corporation
9		that have been issued, have been subsequently acquired by and
10		belong to the corporation, and have not been cancelled or
11		restored to the status of authorized but unissued shares and
12		(2) shares (i) declared and paid as a share dividend on the
13		shares referred to in clause (1) or this clause (2), or (ii)
14		issued in a share split of the shares referred to in clause (1)
15		or this clause (2). Treasury shares shall be deemed to be
16		"issued" shares but not "outstanding" shares. Treasury shares
17		may not be voted, directly or indirectly, at any meeting or
18		otherwise. Shares converted into or exchanged for other shares
19		of the corporation shall not be deemed to be treasury shares.
20		(y) "Gross amount of business" means gross receipts, from
21		whatever source derived.
22		(z) "Open data" means data that is expressed in a
23		machine-readable form and that is made freely available to the
24		public under an open license, without registration
25		requirement, and without any other restrictions that would
26		impede its use or reuse.

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1		(Source: P.A. 102-49, eff. 1-1-22; revised 1-20-24.)
2		Section 625. The General Not For Profit Corporation Act of
3		1986 is amended by changing Section 103.05 as follows:
4		(805 ILCS 105/103.05) (from Ch. 32, par. 103.05)
5		Sec. 103.05. Purposes and authority of corporations;
6		particular purposes; exemptions.
7		(a) Not-for-profit corporations may be organized under
8		this Act for any one or more of the following or similar
9		purposes:
10		(1) Charitable.
11		(2) Benevolent.
12		(3) Eleemosynary.
13		(4) Educational.
14		(5) Civic.
15		(6) Patriotic.
16		(7) Political.
17		(8) Religious.
18		(9) Social.
19		(10) Literary.
20		(11) Athletic.
21		(12) Scientific.
22		(13) Research.
23		(14) Agricultural.
24		(15) Horticultural.

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1		(16) Soil improvement.
2		(17) Crop improvement.
3		(18) Livestock or poultry improvement.
4		(19) Professional, commercial, industrial, or trade
5		association.
6		(20) Promoting the development, establishment, or
7		expansion of industries.
8		(21) Electrification on a cooperative basis.
9		(22) Telephone service on a mutual or cooperative
10		basis.
11		(23) Ownership and operation of water supply
12		facilities for drinking and general domestic use on a
13		mutual or cooperative basis.
14		(24) Ownership or administration of residential
15		property on a cooperative basis.
16		(25) Administration and operation of property owned on
17		a condominium basis or by a homeowner association.
18		(26) Administration and operation of an organization
19		on a cooperative basis producing or furnishing goods,
20		services, or facilities primarily for the benefit of its
21		members who are consumers of those goods, services, or
22		facilities.
23		(27) Operation of a community mental health board or
24		center organized pursuant to the Community Mental Health
25		Act for the purpose of providing direct patient services.
26		(28) Provision of debt management services as

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1		authorized by the Debt Management Service Act.
2		(29) Promotion, operation, and administration of a
3		ridesharing arrangement as defined in Section 1-176.1 of
4		the Illinois Vehicle Code.
5		(30) The administration and operation of an
6		organization for the purpose of assisting low-income
7		consumers in the acquisition of utility and telephone
8		services.
9		(31) Any purpose permitted to be exempt from taxation
10		under Sections 501(c) or 501(d) of the United States
11		Internal Revenue Code, as now in or hereafter amended.
12		(32) Any purpose that would qualify for tax-deductible
13		gifts under the Section 170(c) of the United States
14		Internal Revenue Code, as now or hereafter amended. Any
15		such purpose is deemed to be charitable under subsection
16		(a)(1) of this Section.
17		(33) Furnishing of natural gas on a cooperative basis.
18		(34) Ownership and operation of agriculture-based
19		biogas (anaerobic digester) systems on a cooperative basis
20		including the marketing and sale of products produced from
21		these, including, but not limited to, methane gas,
22		electricity, and compost.
23		(35) Ownership and operation of a hemophilia program,
24		including comprehensive hemophilia diagnostic treatment
25		centers, under Section 501(a)(2) of the Social Security
26		Act. The hemophilia program may employ physicians, other

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1		health care professionals, and staff. The program and the
2		corporate board may not exercise control over, direct, or
3		interfere with a physician's exercise and execution of his
4		or her professional judgment in the provision of care or
5		treatment.
6		(36) Engineering for conservation services associated
7		with wetland restoration or mitigation, flood mitigation,
8		groundwater recharge, and natural infrastructure.
9		Non-profit engineering for conservation services may not
10		be procured by qualifications based selection criteria for
11		contracts with the Department of Transportation, the
12		Illinois State Toll Highway Authority, or Cook County,
13		except as a subcontractor or subconsultant.
14		(b) A corporation may be organized hereunder to serve in
15		an area that adjoins or borders (except for any intervening
16		natural watercourse) an area located in an adjoining state
17		intended to be similarly served, and the corporation may join
18		any corporation created by the adjoining state having an
19		identical purpose and organized as a not-for-profit
20		corporation. Whenever any corporation organized under this Act
21		so joins with a foreign corporation having an identical
22		purpose, the corporation shall be permitted to do business in
23		Illinois as one corporation; provided (1) that the name, bylaw
24		provisions, officers, and directors of each corporation are
25		identical, (2) that the foreign corporation complies with the
26		provisions of this Act relating to the admission of foreign

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1		corporation, and (3) that the Illinois corporation files a
2		statement with the Secretary of State indicating that it has
3		joined with a foreign corporation setting forth the name
4		thereof and the state of its incorporation.
5		(Source: P.A. 103-66, eff. 6-9-23; revised 9-21-23.)
6		Section 630. The Consumer Fraud and Deceptive Business
7		Practices Act is amended by setting forth, renumbering, and
8		changing multiple versions of Section 2BBBB as follows:
9		(815 ILCS 505/2BBBB)
10		Sec. 2BBBB. Deceptive practices related to limited
11		services pregnancy centers.
12		(a) As used in this Section:
13		"Abortion" means the use of any instrument, medicine,
14		drug, or any other substance or device to terminate the
15		pregnancy of an individual known to be pregnant with an
16		intention other than to increase the probability of a live
17		birth, to preserve the life or health of the child after live
18		birth, or to remove a dead fetus, as defined in Section 1-10 of
19		the Reproductive Health Act.
20		"Affiliates" has the meaning given to the term "hospital
21		affiliate" as defined in subsection (b) of Section 10.8 of the
22		Hospital Licensing Act.
23		"Emergency contraception" means one or more prescription
24		drugs (i) used separately or in combination for the purpose of

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1		preventing pregnancy, (ii) administered to or
2		self-administered by a patient within a medically recommended
3		amount of time after sexual intercourse, and (iii) dispensed
4		for such purpose in accordance with professional standards of
5		practice.
6		"Limited services pregnancy center" means an organization
7		or facility, including a mobile facility, that:
8		(1) does not directly provide abortions or provide or
9		prescribe emergency contraception, or provide referrals
10		for abortions or emergency contraception, and has no
11		affiliation with any organization or provider who provides
12		abortions or provides or prescribes emergency
13		contraception; and
14		(2) has a primary purpose to offer or provide
15		pregnancy-related services to an individual who is or has
16		reason to believe the individual may be pregnant, whether
17		or not a fee is charged for such services.
18		"Limited services pregnancy center" does not include:
19		(1) a health care professional licensed by the
20		Department of Financial and Professional Regulation;
21		(2) a hospital licensed under the Hospital Licensing
22		Act and its affiliates; or
23		(3) a hospital licensed under the University of
24		Illinois Hospital Act and its affiliates.
25		"Limited services pregnancy center" includes an organization
26		or facility that has employees, volunteers, or agents who are

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1		health care professionals licensed by the Department of
2		Financial and Professional Regulation.
3		"Pregnancy-related services" means any medical service, or
4		health counseling service, related to the prevention,
5		preservation, or termination of pregnancy, including, but not
6		limited to, contraception and contraceptive counseling,
7		pregnancy testing, pregnancy diagnosis, pregnancy options
8		counseling, limited obstetric ultrasound, obstetric
9		ultrasound, obstetric sonogram, sexually transmitted
10		infections testing, and prenatal care.
11		(b) A limited services pregnancy center shall not engage
12		in unfair methods of competition or unfair or deceptive acts
13		or practices, including the use or employment of any
14		deception, fraud, false pretense, false promise, or
15		misrepresentation, or the concealment, suppression, or
16		omission of any material fact, with the intent that others
17		rely upon the concealment, suppression, or omission of such
18		material fact:
19		(1) to interfere with or prevent an individual from
20		seeking to gain entry or access to a provider of abortion
21		or emergency contraception;
22		(2) to induce an individual to enter or access the
23		limited services pregnancy center;
24		(3) in advertising, soliciting, or otherwise offering
25		pregnancy-related services; or
26		(4) in conducting, providing, or performing

HB4844 Engrossed - 2143 - LRB103 39009 AMC 69146 b
1		pregnancy-related services.
2		(c) A violation of this Section constitutes a violation of
3		this Act.
4		(Source: P.A. 103-270, eff. 7-27-23.)
5		(815 ILCS 505/2CCCC)
6		Sec. 2CCCC 2BBBB. Violations of the Vision Care Plan
7		Regulation Act. Any person who violates the Vision Care Plan
8		Regulation Act commits an unlawful practice within the meaning
9		of this Act.
10		(Source: P.A. 103-482, eff. 8-4-23; revised 9-26-23.)
11		(815 ILCS 505/2DDDD)
12		Sec. 2DDDD 2BBBB. Sale and marketing of firearms.
13		(a) As used in this Section:
14		"Firearm" has the meaning set forth in Section 1.1 of the
15		Firearm Owners Identification Card Act.
16		"Firearm accessory" means an attachment or device designed
17		or adapted to be inserted into, affixed onto, or used in
18		conjunction with a firearm that is designed, intended, or
19		functions to alter or enhance (i) the firing capabilities of a
20		firearm, frame, or receiver, (ii) the lethality of the
21		firearm, or (iii) a shooter's ability to hold and use a
22		firearm.
23		"Firearm ammunition" has the meaning set forth in Section
24		1.1 of the Firearm Owners Identification Card Act.

HB4844 Engrossed - 2144 - LRB103 39009 AMC 69146 b
1		"Firearm industry member" means a person, firm,
2		corporation, company, partnership, society, joint stock
3		company, or any other entity or association engaged in the
4		design, manufacture, distribution, importation, marketing,
5		wholesale, or retail sale of firearm-related products,
6		including sales by mail, telephone, or Internet or in-person
7		sales.
8		"Firearm-related product" means a firearm, firearm
9		ammunition, a firearm precursor part, a firearm component, or
10		a firearm accessory that meets any of the following
11		conditions:
12		(1) the item is sold, made, or distributed in
13		Illinois;
14		(2) the item is intended to be sold or distributed in
15		Illinois; or
16		(3) the item is or was possessed in Illinois, and it
17		was reasonably foreseeable that the item would be
18		possessed in Illinois.
19		"Straw purchaser" means a person who (i) knowingly
20		purchases or attempts to purchase a firearm-related product
21		with intent to deliver that firearm-related product to another
22		person who is prohibited by federal or State law from
23		possessing a firearm-related product or (ii) intentionally
24		provides false or misleading information on a Bureau of
25		Alcohol, Tobacco, Firearms and Explosives firearms transaction
26		record form to purchase a firearm-related product with the

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1		intent to deliver that firearm-related product to another
2		person.
3		"Unlawful paramilitary or private militia" means a group
4		of armed individuals, organized privately, in violation of the
5		Military Code of Illinois and Section 2 of Article XII of the
6		Illinois Constitution.
7		(b) It is an unlawful practice within the meaning of this
8		Act for any firearm industry member, through the sale,
9		manufacturing, importing, or marketing of a firearm-related
10		product, to do any of the following:
11		(1) Knowingly create, maintain, or contribute to a
12		condition in Illinois that endangers the safety or health
13		of the public by conduct either unlawful in itself or
14		unreasonable under all circumstances, including failing to
15		establish or utilize reasonable controls. Reasonable
16		controls include reasonable procedures, safeguards, and
17		business practices that are designed to:
18		(A) prevent the sale or distribution of a
19		firearm-related product to a straw purchaser, a person
20		prohibited by law from possessing a firearm, or a
21		person who the firearm industry member has reasonable
22		cause to believe is at substantial risk of using a
23		firearm-related product to harm themselves or another
24		individual or of possessing or using a firearm-related
25		product unlawfully;
26		(B) prevent the loss or theft of a firearm-related

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1		product from the firearm industry member; or
2		(C) comply with all provisions of applicable
3		local, State, and federal law, and do not otherwise
4		promote the unlawful manufacture, sale, possession,
5		marketing, or use of a firearm-related product.
6		(2) Advertise, market, or promote a firearm-related
7		product in a manner that reasonably appears to support,
8		recommend, or encourage individuals to engage in unlawful
9		paramilitary or private militia activity in Illinois, or
10		individuals who are not in the National Guard, United
11		States armed forces reserves, United States armed forces,
12		or any duly authorized military organization to use a
13		firearm-related product for a military-related purpose in
14		Illinois.
15		(3) Except as otherwise provided, advertise, market,
16		promote, design, or sell any firearm-related product in a
17		manner that reasonably appears to support, recommend, or
18		encourage persons under 18 years of age to unlawfully
19		purchase or possess or use a firearm-related product in
20		Illinois.
21		(A) In determining whether the conduct of a
22		firearm industry member, as described in this
23		paragraph, reasonably appears to support, recommend,
24		or encourage persons under 18 years of age to
25		unlawfully purchase a firearm-related product, a court
26		shall consider the totality of the circumstances,

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1		including, but not limited to, whether the marketing,
2		advertising promotion, design, or sale:
3		(i) uses caricatures that reasonably appear to
4		be minors or cartoon characters;
5		(ii) offers brand name merchandise for minors,
6		including, but not limited to, clothing, toys,
7		games, or stuffed animals, that promotes a firearm
8		industry member or firearm-related product;
9		(iii) offers firearm-related products in
10		sizes, colors, or designs that are specifically
11		designed to be used by, or appeal to, minors;
12		(iv) is part of a marketing, advertising, or
13		promotion campaign designed with the intent to
14		appeal to minors;
15		(v) uses images or depictions of minors in
16		advertising or marketing, or promotion materials,
17		to depict the use of firearm-related products; or
18		(vi) is placed in a publication created for
19		the purpose of reaching an audience that is
20		predominantly composed of minors and not intended
21		for a more general audience composed of adults.
22		(B) This paragraph does not apply to
23		communications or promotional materials regarding
24		lawful recreational activity with a firearm, such as,
25		but not limited to, practice shooting at targets on
26		established public or private target ranges or

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1		hunting, trapping, or fishing in accordance with the
2		Wildlife Code or the Fish and Aquatic Life Code.
3		(4) Otherwise engage in unfair methods of competition
4		or unfair or deceptive acts or practices declared unlawful
5		under Section 2 of this Act.
6		(c) Paragraphs (2), (3), and (4) of subsection (b) are
7		declarative of existing law and shall not be construed as new
8		enactments. The provisions of these paragraphs shall apply to
9		all actions commenced or pending on or after August 14, 2023
10		(the effective date of Public Act 103-559) this amendatory Act
11		of the 103rd General Assembly.
12		(d) The provisions of this Section are severable under
13		Section 1.31 of the Statute on Statutes.
14		(Source: P.A. 103-559, eff. 8-14-23; revised 9-26-23.)
15		Section 635. The Minimum Wage Law is amended by changing
16		Section 12 as follows:
17		(820 ILCS 105/12)
18		Sec. 12. (a) If any employee is paid by his or her employer
19		less than the wage to which he or she is entitled under the
20		provisions of this Act, the employee may recover in a civil
21		action treble the amount of any such underpayments together
22		with costs and such reasonable attorney's fees as may be
23		allowed by the Court, and damages of 5% of the amount of any
24		such underpayments for each month following the date of

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1		payment during which such underpayments remain unpaid. Any
2		agreement between the employee and the employer to work for
3		less than such wage is no defense to such action. At the
4		request of the employee or on motion of the Director of Labor,
5		the Department of Labor may make an assignment of such wage
6		claim in trust for the assigning employee and may bring any
7		legal action necessary to collect such claim, and the employer
8		shall be required to pay the costs incurred in collecting such
9		claim. Every such action shall be brought within 3 years from
10		the date of the underpayment. Such employer shall be liable to
11		the Department of Labor for a penalty in an amount of up to 20%
12		of the total employer's underpayment where the employer's
13		conduct is proven by a preponderance of the evidence to be
14		willful, repeated, or with reckless disregard of this Act or
15		any rule adopted under this Act. Such employer shall be liable
16		to the Department for an additional penalty of $1,500. All
17		administrative penalties ordered under this Act shall be paid
18		by certified check, money order, or by an electronic payment
19		system designated by the Department for such purposes, and
20		shall be made payable to or deposited into the Department's
21		Wage Theft Enforcement Fund. Such employer shall be
22		additionally liable to the employee for damages in the amount
23		of 5% of the amount of any such underpayments for each month
24		following the date of payment during which such underpayments
25		remain unpaid. These penalties and damages may be recovered in
26		a civil action brought by the Director of Labor in any circuit

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1		court. In any such action, the Director of Labor shall be
2		represented by the Attorney General.
3		If an employee collects damages of 5% of the amount of
4		underpayments as a result of an action brought by the Director
5		of Labor, the employee may not also collect those damages in a
6		private action brought by the employee for the same violation.
7		If an employee collects damages of 5% of the amount of
8		underpayments in a private action brought by the employee, the
9		employee may not also collect those damages as a result of an
10		action brought by the Director of Labor for the same
11		violation.
12		(b) If an employee has not collected damages under
13		subsection (a) for the same violation, the Director is
14		authorized to supervise the payment of the unpaid minimum
15		wages and the unpaid overtime compensation owing to any
16		employee or employees under Sections 4 and 4a of this Act and
17		may bring any legal action necessary to recover the amount of
18		the unpaid minimum wages and unpaid overtime compensation and
19		an equal additional amount as damages, and the employer shall
20		be required to pay the costs incurred in collecting such
21		claim. Such employer shall be additionally liable to the
22		Department of Labor for up to 20% of the total employer's
23		underpayment where the employer's conduct is proven by a
24		preponderance of the evidence to be willful, repeated, or with
25		reckless disregard of this Act or any rule adopted under this
26		Act. Such employer shall be liable to the Department of Labor

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1		for an additional penalty of $1,500, payable to the
2		Department's Wage Theft Enforcement Fund. The action shall be
3		brought within 5 years from the date of the failure to pay the
4		wages or compensation. Any sums thus recovered by the Director
5		on behalf of an employee pursuant to this subsection shall be
6		deposited into the Department of Labor Special State Trust
7		Fund, from which the Department shall disburse the sums owed
8		to the employee or employees. The Department shall conduct a
9		good faith search to find all employees for whom it has
10		recovered unpaid minimum wages or unpaid overtime
11		compensation. All disbursements authorized under this Section
12		shall be made by certified check, money order, or an
13		electronic payment system designated by the Department.
14		(c) The Department shall hold any moneys due to employees
15		that it is unable to locate in the Department of Labor Special
16		State Trust Fund for no less than 3 years after the moneys were
17		collected.
18		Beginning November 1, 2023, or as soon as is practical,
19		and each November 1 thereafter, the Department shall report
20		any moneys due to employees who cannot be located and that have
21		been held by the Department in the Department of Labor Special
22		State Trust Fund for 3 or more years and moneys due to
23		employees who are deceased to the State Treasurer as required
24		by the Revised Uniform Unclaimed Property Act. The Department
25		shall not be required to provide the notice required under
26		Section 15-501 of the Revised Uniform Unclaimed Property Act.

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1		Beginning July 1, 2023, or as soon as is practical, and
2		each July 1 thereafter, the Department shall direct the State
3		Comptroller and State Treasurer to transfer from the
4		Department of Labor Special State Trust Fund the balance of
5		the moneys due to employees who cannot be located and that have
6		been held by the Department in the Department of Labor Special
7		State Trust Fund for 3 or more years and moneys due to
8		employees who are deceased as follows: (i) 15% to the Wage
9		Theft Enforcement Fund and (ii) 85% to the Unclaimed Property
10		Trust Fund.
11		The Department may use moneys in the Wage Theft
12		Enforcement Fund for the purposes described in Section 14 of
13		the Illinois Wage Payment and Collection Act.
14		(d) The Department may adopt rules to implement and
15		administer this Section.
16		(Source: P.A. 103-182, eff. 6-30-23; 103-201, eff. 1-1-24;
17		revised 12-15-23.)
18		Section 640. The Equal Pay Act of 2003 is amended by
19		changing Section 30 as follows:
20		(820 ILCS 112/30)
21		(Text of Section before amendment by P.A. 103-539)
22		Sec. 30. Violations; fines and penalties.
23		(a) If an employee is paid by his or her employer less than
24		the wage to which he or she is entitled in violation of Section

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1		10 or 11 of this Act, the employee may recover in a civil
2		action the entire amount of any underpayment together with
3		interest, compensatory damages if the employee demonstrates
4		that the employer acted with malice or reckless indifference,
5		punitive damages as may be appropriate, injunctive relief as
6		may be appropriate, and the costs and reasonable attorney's
7		fees as may be allowed by the court and as necessary to make
8		the employee whole. At the request of the employee or on a
9		motion of the Director, the Department may make an assignment
10		of the wage claim in trust for the assigning employee and may
11		bring any legal action necessary to collect the claim, and the
12		employer shall be required to pay the costs incurred in
13		collecting the claim. Every such action shall be brought
14		within 5 years from the date of the underpayment. For purposes
15		of this Act, "date of the underpayment" means each time wages
16		are underpaid.
17		(a-5) If an employer violates subsection (b), (b-5),
18		(b-10), or (b-20) of Section 10, the employee may recover in a
19		civil action any damages incurred, special damages not to
20		exceed $10,000, injunctive relief as may be appropriate, and
21		costs and reasonable attorney's fees as may be allowed by the
22		court and as necessary to make the employee whole. If special
23		damages are available, an employee may recover compensatory
24		damages only to the extent such damages exceed the amount of
25		special damages. Such action shall be brought within 5 years
26		from the date of the violation.

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1		(b) The Director is authorized to supervise the payment of
2		the unpaid wages under subsection (a) or damages under
3		subsection (b), (b-5), (b-10), or (b-20) of Section 10 owing
4		to any employee or employees under this Act and may bring any
5		legal action necessary to recover the amount of unpaid wages,
6		damages, and penalties or to seek injunctive relief, and the
7		employer shall be required to pay the costs. Any sums
8		recovered by the Director on behalf of an employee under this
9		Section shall be paid to the employee or employees affected.
10		(c) Employers who violate any provision of this Act or any
11		rule adopted under the Act are subject to a civil penalty,
12		payable to the Department, for each employee affected as
13		follows:
14		(1) An employer with fewer than 4 employees: first
15		offense, a fine not to exceed $500; second offense, a fine
16		not to exceed $2,500; third or subsequent offense, a fine
17		not to exceed $5,000.
18		(2) An employer with between 4 and 99 employees: first
19		offense, a fine not to exceed $2,500; second offense, a
20		fine not to exceed $3,000; third or subsequent offense, a
21		fine not to exceed $5,000.
22		(3) An employer with 100 or more employees who
23		violates any Section of this Act except for Section 11
24		shall be fined up to $10,000 per employee affected. An
25		employer with 100 or more employees that is a business as
26		defined under Section 11 and commits a violation of

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1		Section 11 shall be fined up to $10,000.
2		Before any imposition of a penalty under this subsection,
3		an employer with 100 or more employees who violates item (b) of
4		Section 11 and inadvertently fails to file an initial
5		application or recertification shall be provided 30 calendar
6		days by the Department to submit the application or
7		recertification.
8		An employer or person who violates subsection (b), (b-5),
9		(b-10), (b-20), or (c) of Section 10 is subject to a civil
10		penalty not to exceed $5,000 for each violation for each
11		employee affected, payable to the Department.
12		(d) In determining the amount of the penalty, the
13		appropriateness of the penalty to the size of the business of
14		the employer charged and the gravity of the violation shall be
15		considered. The penalty may be recovered in a civil action
16		brought by the Director in any circuit court.
17		(Source: P.A. 102-36, eff. 6-25-21; 103-201, eff. 1-1-24.)
18		(Text of Section after amendment by P.A. 103-539)
19		Sec. 30. Violations; fines and penalties.
20		(a) If an employee is paid by his or her employer less than
21		the wage to which he or she is entitled in violation of Section
22		10 or 11 of this Act, the employee may recover in a civil
23		action the entire amount of any underpayment together with
24		interest, compensatory damages if the employee demonstrates
25		that the employer acted with malice or reckless indifference,

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1		punitive damages as may be appropriate, injunctive relief as
2		may be appropriate, and the costs and reasonable attorney's
3		fees as may be allowed by the court and as necessary to make
4		the employee whole. At the request of the employee or on a
5		motion of the Director, the Department may make an assignment
6		of the wage claim in trust for the assigning employee and may
7		bring any legal action necessary to collect the claim, and the
8		employer shall be required to pay the costs incurred in
9		collecting the claim. Every such action shall be brought
10		within 5 years from the date of the underpayment. For purposes
11		of this Act, "date of the underpayment" means each time wages
12		are underpaid.
13		(a-5) If an employer violates subsection (b), (b-5),
14		(b-10), or (b-20) of Section 10, the employee may recover in a
15		civil action any damages incurred, special damages not to
16		exceed $10,000, injunctive relief as may be appropriate, and
17		costs and reasonable attorney's fees as may be allowed by the
18		court and as necessary to make the employee whole. If special
19		damages are available, an employee may recover compensatory
20		damages only to the extent such damages exceed the amount of
21		special damages. Such action shall be brought within 5 years
22		from the date of the violation.
23		(b) The Director is authorized to supervise the payment of
24		the unpaid wages under subsection (a) or damages under
25		subsection (b), (b-5), (b-10), or (b-20) of Section 10 owing
26		to any employee or employees under this Act and may bring any

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1		legal action necessary to recover the amount of unpaid wages,
2		damages, and penalties or to seek injunctive relief, and the
3		employer shall be required to pay the costs. Any sums
4		recovered by the Director on behalf of an employee under this
5		Section shall be paid to the employee or employees affected.
6		(c) Employers who violate any provision of this Act or any
7		rule adopted under the Act, except for a violation of
8		subsection (b-25) of Section 10, are subject to a civil
9		penalty, payable to the Department, for each employee affected
10		as follows:
11		(1) An employer with fewer than 4 employees: first
12		offense, a fine not to exceed $500; second offense, a fine
13		not to exceed $2,500; third or subsequent offense, a fine
14		not to exceed $5,000.
15		(2) An employer with between 4 and 99 employees: first
16		offense, a fine not to exceed $2,500; second offense, a
17		fine not to exceed $3,000; third or subsequent offense, a
18		fine not to exceed $5,000.
19		(3) An employer with 100 or more employees who
20		violates any Section of this Act except for Section 11
21		shall be fined up to $10,000 per employee affected. An
22		employer with 100 or more employees that is a business as
23		defined under Section 11 and commits a violation of
24		Section 11 shall be fined up to $10,000.
25		Before any imposition of a penalty under this subsection,
26		an employer with 100 or more employees who violates item (b) of

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1		Section 11 and inadvertently fails to file an initial
2		application or recertification shall be provided 30 calendar
3		days by the Department to submit the application or
4		recertification.
5		An employer or person who violates subsection (b), (b-5),
6		(b-10), (b-20), or (c) of Section 10 is subject to a civil
7		penalty not to exceed $5,000 for each violation for each
8		employee affected, payable to the Department.
9		(c-5) The Department may initiate investigations of
10		alleged violations of subsection (b-25) of Section 10 upon
11		receiving a complaint from any person that claims to be
12		aggrieved by a violation of that subsection or at the
13		Department's discretion. Any person that claims to be
14		aggrieved by a violation of subsection (b-25) of Section 10
15		may submit a complaint of an alleged violation of that
16		subsection to the Department within one year after the date of
17		the violation. If the Department has determined that a
18		violation has occurred, it shall issue to the employer a
19		notice setting forth the violation, the applicable penalty as
20		described in subsections (c-10) and (c-15), and the period to
21		cure the violation as described in subsection (c-10).
22		(c-7) A job posting found to be in violation of subsection
23		(b-25) of Section 10 shall be considered as one violating job
24		posting regardless of the number of duplicative postings that
25		list the job opening.
26		(c-10) The penalties for a job posting or batch of

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1		postings that are active at the time the Department issues a
2		notice of violation for violating subsection (b-25) of Section
3		10 are as follows:
4		(1) For a first offense, following a cure period of 14
5		days to remedy the violation, a fine not to exceed $500 at
6		the discretion of the Department. A first offense may be
7		either a single job posting that violates subsection
8		(b-25) of Section 10 or multiple job postings that violate
9		subsection (b-25) of Section 10 and are identified at the
10		same time by the Department. The Department shall have
11		discretion to waive any civil penalty under this
12		paragraph.
13		(2) For a second offense, following a cure period of 7
14		days to remedy the violation, a fine not to exceed $2,500
15		at the discretion of the Department. A second offense is a
16		single job posting that violates subsection (b-25) of
17		Section 10. The Department shall have discretion to waive
18		any civil penalty under this paragraph.
19		(3) For a third or subsequent offense, no cure period,
20		a fine not to exceed $10,000 at the discretion of the
21		Department. A third or subsequent offense is a single job
22		posting that violates subsection (b-25) of Section 10. The
23		Department shall have discretion to waive any civil
24		penalty under this paragraph. If a company has had a third
25		offense, it shall incur automatic penalties without a cure
26		period for a period of 5 years, at the completion of which

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1		any future offense shall count as a first offense. The
2		5-year period shall restart if, during that period, an
3		employer receives a subsequent notice of violation from
4		the Department.
5		(c-15) The penalties for a job posting or batch of job
6		postings that are not active at the time the Department issues
7		a notice of violation for violating subsection (b-25) of
8		Section 10 are as follows:
9		(1) For a first offense, a fine not to exceed $250 at
10		the discretion of the Department. A first offense may be
11		either a single job posting that violates subsection
12		(b-25) of Section 10 or multiple job postings that violate
13		subsection (b-25) of Section 10 and are identified at the
14		same time by the Department. The Department shall have
15		discretion to waive any civil penalty under this
16		paragraph.
17		(2) For a second offense, a fine not to exceed $2,500
18		at the discretion of the Department. A second offense is a
19		single job posting that violates subsection (b-25) of
20		Section 10. The Department shall have discretion to waive
21		any civil penalty under this paragraph.
22		(3) For a third or subsequent offense, a fine not to
23		exceed $10,000 at the discretion of the Department. A
24		third or subsequent offense is a single job posting that
25		violates subsection (b-25) of Section 10. The Department
26		shall have discretion to waive any civil penalty under

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1		this paragraph.
2		For the purposes of this subsection, the Department,
3		during its investigation of a complaint, shall make a
4		determination as to whether a job posting is not active by
5		considering the totality of the circumstances, including, but
6		not limited to: (i) whether a position has been filled; (ii)
7		the length of time a posting has been accessible to the public;
8		(iii) the existence of a date range for which a given position
9		is active; and (iv) whether the violating posting is for a
10		position for which the employer is no longer accepting
11		applications.
12		(d) In determining the amount of the penalty under this
13		Section, the appropriateness of the penalty to the size of the
14		business of the employer charged and the gravity of the
15		violation shall be considered. The penalty may be recovered in
16		a civil action brought by the Director in any circuit court.
17		(Source: P.A. 102-36, eff. 6-25-21; 103-201, eff. 1-1-24;
18		103-539, eff. 1-1-25; revised 9-27-23.)
19		Section 645. The Prevailing Wage Act is amended by
20		changing Section 2 as follows:
21		(820 ILCS 130/2)
22		Sec. 2. This Act applies to the wages of laborers,
23		mechanics and other workers employed in any public works, as
24		hereinafter defined, by any public body and to anyone under

HB4844 Engrossed - 2162 - LRB103 39009 AMC 69146 b
1		contracts for public works. This includes any maintenance,
2		repair, assembly, or disassembly work performed on equipment
3		whether owned, leased, or rented.
4		As used in this Act, unless the context indicates
5		otherwise:
6		"Public works" means all fixed works constructed or
7		demolished by any public body, or paid for wholly or in part
8		out of public funds. "Public works" as defined herein includes
9		all projects financed in whole or in part with bonds, grants,
10		loans, or other funds made available by or through the State or
11		any of its political subdivisions, including but not limited
12		to: bonds issued under the Industrial Project Revenue Bond Act
13		(Article 11, Division 74 of the Illinois Municipal Code), the
14		Industrial Building Revenue Bond Act, the Illinois Finance
15		Authority Act, the Illinois Sports Facilities Authority Act,
16		or the Build Illinois Bond Act; loans or other funds made
17		available pursuant to the Build Illinois Act; loans or other
18		funds made available pursuant to the Riverfront Development
19		Fund under Section 10-15 of the River Edge Redevelopment Zone
20		Act; or funds from the Fund for Illinois' Future under Section
21		6z-47 of the State Finance Act, funds for school construction
22		under Section 5 of the General Obligation Bond Act, funds
23		authorized under Section 3 of the School Construction Bond
24		Act, funds for school infrastructure under Section 6z-45 of
25		the State Finance Act, and funds for transportation purposes
26		under Section 4 of the General Obligation Bond Act. "Public

HB4844 Engrossed - 2163 - LRB103 39009 AMC 69146 b
1		works" also includes (i) all projects financed in whole or in
2		part with funds from the Environmental Protection Agency under
3		the Illinois Renewable Fuels Development Program Act for which
4		there is no project labor agreement; (ii) all work performed
5		pursuant to a public private agreement under the Public
6		Private Agreements for the Illiana Expressway Act or the
7		Public-Private Agreements for the South Suburban Airport Act;
8		(iii) all projects undertaken under a public-private agreement
9		under the Public-Private Partnerships for Transportation Act
10		or the Department of Natural Resources World Shooting and
11		Recreational Complex Act; and (iv) all transportation
12		facilities undertaken under a design-build contract or a
13		Construction Manager/General Contractor contract under the
14		Innovations for Transportation Infrastructure Act. "Public
15		works" also includes all projects at leased facility property
16		used for airport purposes under Section 35 of the Local
17		Government Facility Lease Act. "Public works" also includes
18		the construction of a new wind power facility by a business
19		designated as a High Impact Business under Section
20		5.5(a)(3)(E) and the construction of a new utility-scale solar
21		power facility by a business designated as a High Impact
22		Business under Section 5.5(a)(3)(E-5) of the Illinois
23		Enterprise Zone Act. "Public works" also includes electric
24		vehicle charging station projects financed pursuant to the
25		Electric Vehicle Act and renewable energy projects required to
26		pay the prevailing wage pursuant to the Illinois Power Agency

HB4844 Engrossed - 2164 - LRB103 39009 AMC 69146 b
1		Act. "Public works" also includes power washing projects by a
2		public body or paid for wholly or in part out of public funds
3		in which steam or pressurized water, with or without added
4		abrasives or chemicals, is used to remove paint or other
5		coatings, oils or grease, corrosion, or debris from a surface
6		or to prepare a surface for a coating. "Public works" does not
7		include work done directly by any public utility company,
8		whether or not done under public supervision or direction, or
9		paid for wholly or in part out of public funds. "Public works"
10		also includes construction projects performed by a third party
11		contracted by any public utility, as described in subsection
12		(a) of Section 2.1, in public rights-of-way, as defined in
13		Section 21-201 of the Public Utilities Act, whether or not
14		done under public supervision or direction, or paid for wholly
15		or in part out of public funds. "Public works" also includes
16		construction projects that exceed 15 aggregate miles of new
17		fiber optic cable, performed by a third party contracted by
18		any public utility, as described in subsection (b) of Section
19		2.1, in public rights-of-way, as defined in Section 21-201 of
20		the Public Utilities Act, whether or not done under public
21		supervision or direction, or paid for wholly or in part out of
22		public funds. "Public works" also includes any corrective
23		action performed pursuant to Title XVI of the Environmental
24		Protection Act for which payment from the Underground Storage
25		Tank Fund is requested. "Public works" also includes all
26		construction projects involving fixtures or permanent

HB4844 Engrossed - 2165 - LRB103 39009 AMC 69146 b
1		attachments affixed to light poles that are owned by a public
2		body, including street light poles, traffic light poles, and
3		other lighting fixtures, whether or not done under public
4		supervision or direction, or paid for wholly or in part out of
5		public funds, unless the project is performed by employees
6		employed directly by the public body. "Public works" also
7		includes work performed subject to the Mechanical Insulation
8		Energy and Safety Assessment Act. "Public works" also includes
9		the removal, hauling, and transportation of biosolids, lime
10		sludge, and lime residue from a water treatment plant or
11		facility and the disposal of biosolids, lime sludge, and lime
12		residue removed from a water treatment plant or facility at a
13		landfill. "Public works" does not include projects undertaken
14		by the owner at an owner-occupied single-family residence or
15		at an owner-occupied unit of a multi-family residence. "Public
16		works" does not include work performed for soil and water
17		conservation purposes on agricultural lands, whether or not
18		done under public supervision or paid for wholly or in part out
19		of public funds, done directly by an owner or person who has
20		legal control of those lands.
21		"Construction" means all work on public works involving
22		laborers, workers or mechanics. This includes any maintenance,
23		repair, assembly, or disassembly work performed on equipment
24		whether owned, leased, or rented.
25		"Locality" means the county where the physical work upon
26		public works is performed, except (1) that if there is not

HB4844 Engrossed - 2166 - LRB103 39009 AMC 69146 b
1		available in the county a sufficient number of competent
2		skilled laborers, workers and mechanics to construct the
3		public works efficiently and properly, "locality" includes any
4		other county nearest the one in which the work or construction
5		is to be performed and from which such persons may be obtained
6		in sufficient numbers to perform the work and (2) that, with
7		respect to contracts for highway work with the Department of
8		Transportation of this State, "locality" may at the discretion
9		of the Secretary of the Department of Transportation be
10		construed to include two or more adjacent counties from which
11		workers may be accessible for work on such construction.
12		"Public body" means the State or any officer, board or
13		commission of the State or any political subdivision or
14		department thereof, or any institution supported in whole or
15		in part by public funds, and includes every county, city,
16		town, village, township, school district, irrigation, utility,
17		reclamation improvement or other district and every other
18		political subdivision, district or municipality of the state
19		whether such political subdivision, municipality or district
20		operates under a special charter or not.
21		"Labor organization" means an organization that is the
22		exclusive representative of an employer's employees recognized
23		or certified pursuant to the National Labor Relations Act.
24		The terms "general prevailing rate of hourly wages",
25		"general prevailing rate of wages" or "prevailing rate of
26		wages" when used in this Act mean the hourly cash wages plus

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1		annualized fringe benefits for training and apprenticeship
2		programs approved by the U.S. Department of Labor, Bureau of
3		Apprenticeship and Training, health and welfare, insurance,
4		vacations and pensions paid generally, in the locality in
5		which the work is being performed, to employees engaged in
6		work of a similar character on public works.
7		(Source: P.A. 102-9, eff. 1-1-22; 102-444, eff. 8-20-21;
8		102-673, eff. 11-30-21; 102-813, eff. 5-13-22; 102-1094, eff.
9		6-15-22; 103-8, eff. 6-7-23; 103-327, eff. 1-1-24; 103-346,
10		eff. 1-1-24; 103-359, eff. 7-28-23; 103-447, eff. 8-4-23;
11		revised 12-15-23.)
12		Section 650. The Day and Temporary Labor Services Act is
13		amended by changing Section 45 as follows:
14		(820 ILCS 175/45)
15		Sec. 45. Registration; Department of Labor.
16		(a) A day and temporary labor service agency which is
17		located, operates or transacts business within this State
18		shall register with the Department of Labor in accordance with
19		rules adopted by the Department for day and temporary labor
20		service agencies and shall be subject to this Act and any rules
21		adopted under this Act. Each day and temporary labor service
22		agency shall provide proof of an employer account number
23		issued by the Department of Employment Security for the
24		payment of unemployment insurance contributions as required

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1		under the Unemployment Insurance Act, and proof of valid
2		workers' compensation insurance in effect at the time of
3		registration covering all of its employees. If, at any time, a
4		day and temporary labor service agency's workers' compensation
5		insurance coverage lapses, the agency shall have an
6		affirmative duty to report the lapse of such coverage to the
7		Department and the agency's registration shall be suspended
8		until the agency's workers' compensation insurance is
9		reinstated. The Department may assess each day and temporary
10		labor service agency a non-refundable registration fee not
11		exceeding $3,000 per year per agency and a non-refundable fee
12		not to exceed $750 for each branch office or other location
13		where the agency regularly contracts with day or temporary
14		laborers for services. The fee may be paid by check, money
15		order, or the State Treasurer's E-Pay program or any successor
16		program, and the Department may not refuse to accept a check on
17		the basis that it is not a certified check or a cashier's
18		check. The Department may charge an additional fee to be paid
19		by a day and temporary labor service agency if the agency, or
20		any person on the agency's behalf, issues or delivers a check
21		to the Department that is not honored by the financial
22		institution upon which it is drawn. The Department shall also
23		adopt rules for violation hearings and penalties for
24		violations of this Act or the Department's rules in
25		conjunction with the penalties set forth in this Act.
26		(a-1) At the time of registration with the Department of

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1		Labor each year, the day and temporary labor service agency
2		shall submit to the Department of Labor a report containing
3		the information identified in paragraph (9) of subsection (a)
4		of Section 12, broken down by branch office, in the aggregate
5		for all day or temporary laborers assigned within Illinois and
6		subject to this Act during the preceding year. This
7		information shall be submitted on a form created by the
8		Department of Labor. The Department of Labor shall aggregate
9		the information submitted by all registering day and temporary
10		labor service agencies by removing identifying data and shall
11		have the information available to the public only on a
12		municipal and county basis. As used in this paragraph,
13		"identifying data" means any and all information that: (i)
14		provides specific information on individual worker identity;
15		(ii) identifies the service agency in any manner; and (iii)
16		identifies clients utilizing the day and temporary labor
17		service agency or any other information that can be traced
18		back to any specific registering day and temporary labor
19		service agency or its client. The information and reports
20		submitted to the Department of Labor under this subsection by
21		the registering day and temporary labor service agencies are
22		exempt from inspection and copying under Section 7.5 of the
23		Freedom of Information Act.
24		(b) It is a violation of this Act to operate a day and
25		temporary labor service agency without first registering with
26		the Department in accordance with subsection (a) of this

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1		Section. The Department shall create and maintain at regular
2		intervals on its website, accessible to the public: (1) a list
3		of all registered day and temporary labor service agencies in
4		the State whose registration is in good standing; (2) a list of
5		day and temporary labor service agencies in the State whose
6		registration has been suspended, including the reason for the
7		suspension, the date the suspension was initiated, and the
8		date, if known, the suspension is to be lifted; and (3) a list
9		of day and temporary labor service agencies in the State whose
10		registration has been revoked, including the reason for the
11		revocation and the date the registration was revoked. The
12		Department has the authority to assess a penalty against any
13		day and temporary labor service agency that fails to register
14		with the Department of Labor in accordance with this Act or any
15		rules adopted under this Act of $500 for each violation. Each
16		day during which a day and temporary labor service agency
17		operates without registering with the Department shall be a
18		separate and distinct violation of this Act.
19		(c) An applicant is not eligible to register to operate a
20		day and temporary labor service agency under this Act if the
21		applicant or any of its officers, directors, partners, or
22		managers or any owner of 25% or greater beneficial interest:
23		(1) has been involved, as owner, officer, director,
24		partner, or manager, of any day and temporary labor
25		service agency whose registration has been revoked or has
26		been suspended without being reinstated within the 5 years

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1		immediately preceding the filing of the application; or
2		(2) is under the age of 18.
3		(d) Every agency shall post and keep posted at each
4		location, in a position easily accessible to all day or
5		temporary laborers s, notices as supplied and required by the
6		Department containing a copy or summary of the provisions of
7		the Act and a notice which informs the public of a toll-free
8		telephone number for day or temporary laborers and the public
9		to file wage dispute complaints and other alleged violations
10		by day and temporary labor service agencies. Every day and
11		temporary labor service agency employing day or temporary
12		laborers who communicate with the day and temporary labor
13		service agency by electronic communication shall also provide
14		all required notices by email to its day or temporary laborers
15		or on a website, regularly used by the employer to communicate
16		work-related information, that all day or temporary laborers
17		are able to regularly access, freely and without interference.
18		Such notices shall be in English and any other language
19		generally understood in the locale of the day and temporary
20		labor service agency.
21		(Source: P.A. 103-201, eff. 1-1-24; 103-437, eff. 8-4-23;
22		revised 12-15-23.)
23		Section 655. The Paid Leave for All Workers Act is amended
24		by changing Section 15 as follows:

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1		(820 ILCS 192/15)
2		Sec. 15. Provision of paid leave.
3		(a) An employee who works in Illinois is entitled to earn
4		and use up to a minimum of 40 hours of paid leave during a
5		12-month period or a pro rata number of hours of paid leave
6		under the provisions of subsection (b). The paid leave may be
7		used by the employee for any purpose as long as the paid leave
8		is taken in accordance with the provisions of this Act.
9		(b) Paid leave under this Act shall accrue at the rate of
10		one hour of paid leave for every 40 hours worked up to a
11		minimum of 40 hours of paid leave or such greater amount if the
12		employer provides more than 40 hours. Employees who are exempt
13		from the overtime requirements of the federal Fair Labor
14		Standards Act (29 U.S.C. 213(a)(1)) shall be deemed to work 40
15		hours in each workweek for purposes of paid leave accrual
16		unless their regular workweek is less than 40 hours, in which
17		case paid leave accrues based on that regular workweek.
18		Employees shall determine how much paid leave they need to
19		use, however employers may set a reasonable minimum increment
20		for the use of paid leave not to exceed 2 hours per day. If an
21		employee's scheduled workday is less than 2 hours per day, the
22		employee's scheduled workday shall be used to determine the
23		amount of paid leave.
24		(c) An employer may make available the minimum number of
25		hours of paid leave, subject to pro rata requirements provided
26		in subsection (b), to an employee on the first day of

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1		employment or the first day of the 12-month period. Employers
2		that provide the minimum number of hours of paid leave to an
3		employee on the first day of employment or the first day of the
4		12-month period are not required to carryover paid leave from
5		12-month period to 12-month period and may require employees
6		to use all paid leave prior to the end of the benefit period or
7		forfeit the unused paid leave. However, under no circumstances
8		shall an employee be credited with paid leave that is less than
9		what the employee would have accrued under subsections (a) and
10		(g) of this Section.
11		(d) The 12-month period may be any consecutive 12-month
12		period designated by the employer in writing at the time of
13		hire. Changes to the 12-month period may be made by the
14		employer if notice is given to employees in writing prior to
15		the change and the change does not reduce the eligible accrual
16		rate and paid leave available to the employee. If the employer
17		changes the designated 12-month period, the employer shall
18		provide the employee with documentation of the balance of
19		hours worked, paid leave accrued and taken, and the remaining
20		paid leave balance.
21		(e) Paid leave under this Act may be taken by an employee
22		for any reason of the employee's choosing. An employee is not
23		required to provide an employer a reason for the leave and may
24		not be required to provide documentation or certification as
25		proof or in support of the leave. An employee may choose
26		whether to use paid leave provided under this Act prior to

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1		using any other leave provided by the employer or State law.
2		(f) Employees shall be paid their hourly rate of pay for
3		paid leave. However, employees engaged in an occupation in
4		which gratuities or commissions have customarily and usually
5		constituted and have been recognized as part of the
6		remuneration for hire purposes shall be paid by their employer
7		at least the full minimum wage in the jurisdiction in which
8		they are employed when paid leave is taken. This wage shall be
9		treated as the employee's regular rate of pay for purposes of
10		this Act.
11		(g) Paid leave under this Act shall begin to accrue at the
12		commencement of employment or on the effective date of this
13		Act, whichever is later. Employees shall be entitled to begin
14		using paid leave 90 days following commencement of their
15		employment or 90 days following the effective date of this
16		Act, whichever is later.
17		(h) Paid leave under this Act shall be provided upon the
18		oral or written request of an employee in accordance with the
19		employer's reasonable paid leave policy notification
20		requirements which may include the following:
21		(1) If use of paid leave under this Act is
22		foreseeable, the employer may require the employee to
23		provide 7 calendar days' notice before the date the leave
24		is to begin.
25		(2) If paid leave under this Act is not foreseeable,
26		the employee shall provide such notice as soon as is

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1		practicable after the employee is aware of the necessity
2		of the leave. An employer that requires notice of paid
3		leave under this Act when the leave is not foreseeable
4		shall provide a written policy that contains procedures
5		for the employee to provide notice.
6		(3) Employers shall provide employees with written
7		notice of the paid leave policy notification requirements
8		in this Section in the manner provided in Section 20 for
9		notice and posting and within 5 calendar days of any
10		change to the employer's reasonable paid leave policy
11		notification requirements.
12		(4) An employer may not require, as a condition of
13		providing paid leave under this Act, that the employee
14		search for or find a replacement worker to cover the hours
15		during which the employee takes paid leave.
16		(i) Except as provided in subsection (c), paid leave under
17		this Act shall carry over annually to the extent not used by
18		the employee, provided that nothing in this Act shall be
19		construed to require an employer to provide more than 40 hours
20		of paid leave for an employee in the 12-month period unless the
21		employer agrees to do so.
22		(j) Nothing in this Section or any other Illinois law or
23		rule shall be construed as requiring financial or other
24		payment to an employee from an employer upon the employee's
25		termination, resignation, retirement, or other separation from
26		employment for paid leave accrued under this Act that has not

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1		been used. Nothing in this Section or any other Illinois law or
2		rule shall be construed as requiring financial or other
3		reimbursements to an employee from an employer for unused paid
4		leave under this Act at the end of the benefit year or any
5		other time.
6		(k) If an employee is transferred to a separate division,
7		entity, or location, but remains employed by the same
8		employer, the employee is entitled to all paid leave accrued
9		at the prior division, entity, or location and is entitled to
10		use all paid leave as provided in this Section. If there is a
11		separation from employment and the employee is rehired within
12		12 months of separation by the same employer, previously
13		accrued paid leave that had not been used by the employee shall
14		be reinstated. The employee shall be entitled to use accrued
15		paid leave at the commencement of employment following a
16		separation from employment of 12 months or less.
17		(l) Paid leave under this Act shall not be charged or
18		otherwise credited to an employee's paid time off bank or
19		employee account unless the employer's policy permits such a
20		credit. If the paid leave under this Act is credited to an
21		employee's paid time off bank or employee vacation account
22		then any unused paid leave shall be paid to the employee upon
23		the employee's termination, resignation, retirement, or other
24		separation to the same extent as vacation time under existing
25		Illinois law or rule. Nothing in this Act shall be construed to
26		waive or otherwise limit an employee's right to final

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1		compensation for promised and earned, but unpaid vacation time
2		or paid time off, as provided under the Illinois Wage Payment
3		and Collection Act and rules. Employers shall provide
4		employees with written notice of changes to the employer's
5		vacation time, paid time off, or other paid leave policies
6		that affect an employee's right to final compensation for such
7		leave.
8		(m) During any period an employee takes leave under this
9		Act, the employer shall maintain coverage for the employee and
10		any family member under any group health plan for the duration
11		of such leave at no less than the level and conditions of
12		coverage that would have been provided if the employee had not
13		taken the leave. The employer shall notify the employee that
14		the employee is still responsible for paying the employee's
15		share of the cost of the health care coverage, if any.
16		(n) Nothing in this Act shall be deemed to interfere with,
17		impede, or in any way diminish the right of employees to
18		bargain collectively with their employers through
19		representatives of their own choosing in order to establish
20		wages or other conditions of work in excess of the applicable
21		minimum standards established in this Act. The paid leave
22		requirements of this Act may be waived in a bona fide
23		collective bargaining agreement, but only if the waiver is set
24		forth explicitly in such agreement in clear and unambiguous
25		terms.
26		Nothing in this Act shall be deemed to affect the validity

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1		or change the terms of bona fide collective bargaining
2		agreements in effect on January 1, 2024. After that date,
3		requirements of this Act may be waived in a bona fide
4		collective bargaining agreement, but only if the waiver is set
5		forth explicitly in such agreement in clear and unambiguous
6		terms.
7		In no event shall this Act apply to any employee working in
8		the construction industry who is covered by a bona fide
9		collective bargaining agreement, nor shall this Act apply to
10		any employee who is covered by a bona fide collective
11		bargaining agreement with an employer that provides services
12		nationally and internationally of delivery, pickup, and
13		transportation of parcels, documents, and freight.
14		Notwithstanding the provisions of this subsection, nothing
15		in this Act shall be deemed to affect the validity or change
16		the terms of a bona fide collective bargaining agreement
17		applying to an employee who is employed by a State agency that
18		is in effect on July 1, 2024. After that date, requirements of
19		this Act may be waived in a bona fide collective bargaining
20		agreement, but only if the waiver is set forth explicitly in
21		such agreement in clear and unambiguous terms. As used in this
22		subsection, "State agency" has the same meaning as set forth
23		in Section 4 of the Forms Notice Act.
24		(o) An agreement by an employee to waive his or her rights
25		under this Act is void as against public policy.
26		(p) The provisions of this Act shall not apply to any

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1		employer that is covered by a municipal or county ordinance
2		that is in effect on the effective date of this Act that
3		requires employers to give any form of paid leave to their
4		employees, including paid sick leave or paid leave.
5		Notwithstanding the provisions of this subsection, any
6		employer that is not required to provide paid leave to its
7		employees, including paid sick leave or paid leave, under a
8		municipal or county ordinance that is in effect on the
9		effective date of this Act shall be subject to the provisions
10		of this Act if the employer would be required to provide paid
11		leave under this Act to its employees.
12		Any local ordinance that provides paid leave, including
13		paid sick leave or paid leave, enacted or amended after the
14		effective date of this Act must comply with the requirements
15		of this Act or provide benefits, rights, and remedies that are
16		greater than or equal to the benefits, rights, and remedies
17		afforded under this Act.
18		An employer in a municipality or county that enacts or
19		amends a local ordinance that provides paid leave, including
20		paid sick leave or paid leave, after the effective date of this
21		Act shall only comply with the local ordinance or ordinances
22		so long as the benefits, rights, and remedies are greater than
23		or equal to the benefits, rights, and remedies afforded under
24		this Act.
25		(Source: P.A. 102-1143, eff. 1-1-24; revised 12-22-23.)

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1		Section 660. The Child Labor Law is amended by changing
2		Sections 17 and 17.3 as follows:
3		(820 ILCS 205/17) (from Ch. 48, par. 31.17)
4		Sec. 17. It shall be the duty of the Department of Labor to
5		enforce the provisions of this Act. The Department of Labor
6		shall have the power to conduct investigations in connection
7		with the administration and enforcement of this Act and the
8		authorized officers and employees of the Department of Labor
9		are hereby authorized and empowered, to visit and inspect, at
10		all reasonable times and as often as possible, all places
11		covered by this Act. Truant officers and other school
12		officials authorized by the board of education or school
13		directors shall report violations under this Act to the
14		Department of Labor, and may enter any place in which children
15		are, or are believed to be employed and inspect the work
16		certificates on file. Such truant officers or other school
17		officials also are authorized to file complaints against any
18		employer found violating the provisions of this Act in case no
19		complaints for such violations are pending; and when such
20		complaints are filed by truant officers or other school
21		officials, the State's Attorneys attorneys of this State state
22		shall appear for the people, and attend to the prosecution of
23		such complaints. The Department of Labor shall conduct
24		hearings in accordance with the "The Illinois Administrative
25		Procedure Act", approved September 22, 1975, as amended, upon

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1		written complaint by an investigator of the Department of
2		Labor, truant officer, or other school official, or any
3		interested person of a violation of the Act or to revoke any
4		certificate under this Act. After such hearing, if supported
5		by the evidence, the Department of Labor may issue and cause to
6		be served on any party an order to cease and desist from
7		violation of the Act, take such further affirmative or other
8		action as deemed reasonable to eliminate the effect of the
9		violation, and may revoke any certificate issued under the Act
10		and determine the amount of any civil penalty allowed by the
11		Act. The Department may serve such orders by certified mail or
12		by sending a copy by email to an email address previously
13		designated by the party for purposes of receiving notice under
14		this Act. An email address provided by the party in the course
15		of the administrative proceeding shall not be used in any
16		subsequent proceedings, unless the party designates that email
17		address for the subsequent proceeding. The Director of Labor
18		or his authorized representative may compel by subpoena, the
19		attendance and testimony of witnesses and the production of
20		books, payrolls, records, papers and other evidence in any
21		investigation or hearing and may administer oaths to
22		witnesses.
23		(Source: P.A. 103-201, eff. 1-1-24; revised 1-2-24.)
24		(820 ILCS 205/17.3) (from Ch. 48, par. 31.17-3)
25		Sec. 17.3. Any employer who violates any of the provisions

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1		of this Act or any rule or regulation issued under the Act
2		shall be subject to a civil penalty of not to exceed $5,000 for
3		each such violation. In determining the amount of such
4		penalty, the appropriateness of such penalty to the size of
5		the business of the employer charged and the gravity of the
6		violation shall be considered. The amount of such penalty,
7		when finally determined, may be
8		(1) recovered in a civil action brought by the
9		Director of Labor in any circuit court, in which
10		litigation the Director of Labor shall be represented by
11		the Attorney General;
12		(2) ordered by the court, in an action brought for
13		violation under Section 19, to be paid to the Director of
14		Labor.
15		Any administrative determination by the Department of
16		Labor of the amount of each penalty shall be final unless
17		reviewed as provided in Section 17.1 of this Act.
18		Civil penalties recovered under this Section shall be paid
19		by certified check, money order, or by an electronic payment
20		system designated by the Department, and deposited into the
21		Child Labor and Day and Temporary Labor Services Enforcement
22		Fund, a special fund which is hereby created in the State
23		treasury. Moneys in the Fund may be used, subject to
24		appropriation, for exemplary programs, demonstration projects,
25		and other activities or purposes related to the enforcement of
26		this Act or for the activities or purposes related to the

HB4844 Engrossed - 2183 - LRB103 39009 AMC 69146 b
1		enforcement of the Day and Temporary Labor Services Act, or
2		for the activities or purposes related to the enforcement of
3		the Private Employment Agency Act.
4		(Source: P.A. 103-201, eff. 1-1-24; revised 9-21-23.)
5		Section 665. The Line of Duty Compensation Act is amended
6		by changing Section 2 as follows:
7		(820 ILCS 315/2) (from Ch. 48, par. 282)
8		Sec. 2. As used in this Act, unless the context otherwise
9		requires:
10		(a) "Law enforcement officer" or "officer" means any
11		person employed by the State or a local governmental entity as
12		a policeman, peace officer, auxiliary policeman or in some
13		like position involving the enforcement of the law and
14		protection of the public interest at the risk of that person's
15		life. This includes supervisors, wardens, superintendents and
16		their assistants, guards and keepers, correctional officers,
17		youth supervisors, parole agents, aftercare specialists,
18		school teachers, and correctional counselors counsellors in
19		all facilities of both the Department of Corrections and the
20		Department of Juvenile Justice, while within the facilities
21		under the control of the Department of Corrections or the
22		Department of Juvenile Justice or in the act of transporting
23		inmates or wards from one location to another or while
24		performing their official duties, and all other Department of

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1		Corrections Correction or Department of Juvenile Justice
2		employees who have daily contact with inmates. For the
3		purposes of this Act, "law enforcement officer" or "officer"
4		also means a probation officer, as defined in Section 9b of the
5		Probation and Probation Officers Act.
6		The death of the foregoing employees of the Department of
7		Corrections or the Department of Juvenile Justice in order to
8		be included herein must be by the direct or indirect willful
9		act of an inmate, ward, work-releasee, parolee, aftercare
10		releasee, parole violator, aftercare release violator, person
11		under conditional release, or any person sentenced or
12		committed, or otherwise subject to confinement in or to the
13		Department of Corrections or the Department of Juvenile
14		Justice.
15		(b) "Fireman" means any person employed by the State or a
16		local governmental entity as, or otherwise serving as, a
17		member or officer of a fire department either for the purpose
18		of the prevention or control of fire or the underwater
19		recovery of drowning victims, including volunteer firemen.
20		(c) "Local governmental entity" includes counties,
21		municipalities, and municipal corporations.
22		(d) "State" means the State of Illinois and its
23		departments, divisions, boards, bureaus, commissions,
24		authorities, and colleges and universities.
25		(e) "Killed in the line of duty" means losing one's life as
26		a result of injury received in the active performance of

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1		duties as a law enforcement officer, civil defense worker,
2		civil air patrol member, paramedic, fireman, or chaplain if
3		the death occurs within one year from the date the injury was
4		received and if that injury arose from violence or other
5		accidental cause. In the case of a State employee, "killed in
6		the line of duty" means losing one's life as a result of injury
7		received in the active performance of one's duties as a State
8		employee, if the death occurs within one year from the date the
9		injury was received and if that injury arose from a willful act
10		of violence by another State employee committed during such
11		other employee's course of employment and after January 1,
12		1988. The term excludes death resulting from the willful
13		misconduct or intoxication of the officer, civil defense
14		worker, civil air patrol member, paramedic, fireman, chaplain,
15		or State employee. However, the burden of proof of such
16		willful misconduct or intoxication of the officer, civil
17		defense worker, civil air patrol member, paramedic, fireman,
18		chaplain, or State employee is on the Attorney General.
19		Subject to the conditions set forth in subsection (a) with
20		respect to inclusion under this Act of Department of
21		Corrections and Department of Juvenile Justice employees
22		described in that subsection, for the purposes of this Act,
23		instances in which a law enforcement officer receives an
24		injury in the active performance of duties as a law
25		enforcement officer include, but are not limited to, instances
26		when:

HB4844 Engrossed - 2186 - LRB103 39009 AMC 69146 b
1		(1) the injury is received as a result of a willful
2		wilful act of violence committed other than by the officer
3		and a relationship exists between the commission of such
4		act and the officer's performance of his duties as a law
5		enforcement officer, whether or not the injury is received
6		while the officer is on duty as a law enforcement officer;
7		(2) the injury is received by the officer while the
8		officer is attempting to prevent the commission of a
9		criminal act by another or attempting to apprehend an
10		individual the officer suspects has committed a crime,
11		whether or not the injury is received while the officer is
12		on duty as a law enforcement officer;
13		(3) the injury is received by the officer while the
14		officer is traveling travelling to or from his employment
15		as a law enforcement officer or during any meal break, or
16		other break, which takes place during the period in which
17		the officer is on duty as a law enforcement officer.
18		In the case of an Armed Forces member, "killed in the line
19		of duty" means losing one's life while on active duty in
20		connection with the September 11, 2001 terrorist attacks on
21		the United States, Operation Enduring Freedom, Operation
22		Freedom's Sentinel, Operation Iraqi Freedom, Operation New
23		Dawn, or Operation Inherent Resolve.
24		(f) "Volunteer fireman" means a person having principal
25		employment other than as a fireman, but who is carried on the
26		rolls of a regularly constituted fire department either for

HB4844 Engrossed - 2187 - LRB103 39009 AMC 69146 b
1		the purpose of the prevention or control of fire or the
2		underwater recovery of drowning victims, the members of which
3		are under the jurisdiction of the corporate authorities of a
4		city, village, incorporated town, or fire protection district,
5		and includes a volunteer member of a fire department organized
6		under the "General Not for Profit Corporation Act", approved
7		July 17, 1943, as now or hereafter amended, which is under
8		contract with any city, village, incorporated town, fire
9		protection district, or persons residing therein, for fire
10		fighting services. "Volunteer fireman" does not mean an
11		individual who volunteers assistance without being regularly
12		enrolled as a fireman.
13		(g) "Civil defense worker" means any person employed by
14		the State or a local governmental entity as, or otherwise
15		serving as, a member of a civil defense work force, including
16		volunteer civil defense work forces engaged in serving the
17		public interest during periods of disaster, whether natural or
18		man-made.
19		(h) "Civil air patrol member" means any person employed by
20		the State or a local governmental entity as, or otherwise
21		serving as, a member of the organization commonly known as the
22		"Civil Air Patrol", including volunteer members of the
23		organization commonly known as the "Civil Air Patrol".
24		(i) "Paramedic" means an Emergency Medical
25		Technician-Paramedic certified by the Illinois Department of
26		Public Health under the Emergency Medical Services (EMS)

HB4844 Engrossed - 2188 - LRB103 39009 AMC 69146 b
1		Systems Act, and all other emergency medical personnel
2		certified by the Illinois Department of Public Health who are
3		members of an organized body or not-for-profit corporation
4		under the jurisdiction of a city, village, incorporated town,
5		fire protection district, or county, that provides emergency
6		medical treatment to persons of a defined geographical area.
7		(j) "State employee" means any employee as defined in
8		Section 14-103.05 of the Illinois Pension Code, as now or
9		hereafter amended.
10		(k) "Chaplain" means an individual who:
11		(1) is a chaplain of (i) a fire department or (ii) a
12		police department or other agency consisting of law
13		enforcement officers; and
14		(2) has been designated a chaplain by (i) the fire
15		department, police department, or other agency or an
16		officer or body having jurisdiction over the department or
17		agency or (ii) a labor organization representing the
18		firemen or law enforcement officers.
19		(l) "Armed Forces member" means an Illinois resident who
20		is: a member of the Armed Forces of the United States; a member
21		of the Illinois National Guard while on active military
22		service pursuant to an order of the President of the United
23		States; or a member of any reserve component of the Armed
24		Forces of the United States while on active military service
25		pursuant to an order of the President of the United States.
26		(Source: P.A. 102-221, eff. 1-1-22; revised 1-20-24.)

HB4844 Engrossed - 2189 - LRB103 39009 AMC 69146 b
1		Section 995. No acceleration or delay. Where this Act
2		makes changes in a statute that is represented in this Act by
3		text that is not yet or no longer in effect (for example, a
4		Section represented by multiple versions), the use of that
5		text does not accelerate or delay the taking effect of (i) the
6		changes made by this Act or (ii) provisions derived from any
7		other Public Act.
8		Section 996. No revival or extension. This Act does not
9		revive or extend any Section or Act otherwise repealed.
10		Section 999. Effective date. This Act takes effect upon
11		becoming law.
HB4844 Engrossed - 2190 - LRB103 39009 AMC 69146 b 1 INDEX 2 Statutes amended in order of appearance 3 5 ILCS 80/4.39 4 5 ILCS 100/5-45.35 5 5 ILCS 100/5-45.36 6 5 ILCS 100/5-45.38 7 5 ILCS 100/5-45.39 8 5 ILCS 100/5-45.40 9 5 ILCS 100/5-45.41 10 5 ILCS 100/5-45.45 11 5 ILCS 100/5-45.46 12 5 ILCS 100/5-45.47 13 5 ILCS 100/5-45.48 14 5 ILCS 100/5-45.50 15 5 ILCS 100/5-45.51 16 5 ILCS 100/5-45.52 17 5 ILCS 140/7 18 5 ILCS 140/7.5 19 5 ILCS 230/10 20 5 ILCS 375/6.11 21 5 ILCS 810/5 22 5 ILCS 840/40 23 10 ILCS 5/1A-8 from Ch. 46, par. 1A-8 24 10 ILCS 5/1A-16.1 25 10 ILCS 5/24B-9.1 HB4844 Engrossed - 2191 - LRB103 39009 AMC 69146 b 1 15 ILCS 335/1A 2 15 ILCS 335/4 3 15 ILCS 510/7a from Ch. 130, par. 107a 4 20 ILCS 5/5-222 5 20 ILCS 65/20-15 6 20 ILCS 105/4.02 7 20 ILCS 415/8a from Ch. 127, par. 63b108a 8 20 ILCS 415/8b.3 from Ch. 127, par. 63b108b.3 9 20 ILCS 415/8b.9 from Ch. 127, par. 63b108b.9 10 20 ILCS 415/8b.10 from Ch. 127, par. 63b108b.10 11 20 ILCS 415/9 from Ch. 127, par. 63b109 12 20 ILCS 505/5 13 20 ILCS 505/5d 14 20 ILCS 505/7.4 15 20 ILCS 505/17 from Ch. 23, par. 5017 16 20 ILCS 505/21 17 20 ILCS 605/605-1103 18 20 ILCS 655/5.5 from Ch. 67 1/2, par. 609.1 19 20 ILCS 1305/10-75 20 20 ILCS 1305/80-45 21 20 ILCS 1370/1-80 22 20 ILCS 1405/1405-50 23 20 ILCS 1405/1405-51 24 20 ILCS 2105/2105-15 25 20 ILCS 2105/2105-368 26 20 ILCS 2105/2105-370 HB4844 Engrossed - 2192 - LRB103 39009 AMC 69146 b 1 20 ILCS 2310/2310-130 2 20 ILCS 2310/2310-720 3 20 ILCS 2310/2310-725 4 20 ILCS 2605/2605-52 5 20 ILCS 2610/16 from Ch. 121, par. 307.16 6 20 ILCS 3440/13 from Ch. 127, par. 2673 7 20 ILCS 3855/1-56 8 20 ILCS 3930/4 from Ch. 38, par. 210-4 9 20 ILCS 3975/Act title 10 30 ILCS 5/3-2.3 11 30 ILCS 105/5.990 12 30 ILCS 105/5.991 13 30 ILCS 105/5.993 14 30 ILCS 105/5.994 15 30 ILCS 105/5.995 16 30 ILCS 105/5.996 17 30 ILCS 105/5.997 18 30 ILCS 105/5.999 19 30 ILCS 105/5.1000 20 30 ILCS 105/5.1001 21 30 ILCS 105/5.1002 22 30 ILCS 105/5.1003 23 30 ILCS 105/5.1004 24 30 ILCS 105/5.1005 25 30 ILCS 105/5.1006 26 30 ILCS 105/5.1007 HB4844 Engrossed - 2193 - LRB103 39009 AMC 69146 b 1 30 ILCS 105/5.1008 2 30 ILCS 105/5.1009 3 30 ILCS 105/5.1010 4 30 ILCS 105/5.1011 5 30 ILCS 105/6z-32 6 30 ILCS 105/6z-82 7 30 ILCS 105/8.3 8 30 ILCS 105/12-2 from Ch. 127, par. 148-2 9 30 ILCS 330/11 from Ch. 127, par. 661 10 30 ILCS 420/3 from Ch. 127, par. 753 11 30 ILCS 425/5 from Ch. 127, par. 2805 12 30 ILCS 500/1-10 13 30 ILCS 500/10-20 14 30 ILCS 559/20-15 15 30 ILCS 750/10-6 from Ch. 127, par. 2710-6 16 30 ILCS 805/8.46 17 30 ILCS 805/8.47 18 35 ILCS 5/201 19 35 ILCS 5/203 20 35 ILCS 5/228 21 35 ILCS 5/237 22 35 ILCS 45/110-30 23 35 ILCS 45/110-40 24 35 ILCS 105/3-5 25 35 ILCS 110/3-5 26 35 ILCS 115/3-5 HB4844 Engrossed - 2194 - LRB103 39009 AMC 69146 b 1 35 ILCS 115/9 from Ch. 120, par. 439.109 2 35 ILCS 115/12 from Ch. 120, par. 439.112 3 35 ILCS 120/2-5 4 35 ILCS 120/3 from Ch. 120, par. 442 5 35 ILCS 130/2 from Ch. 120, par. 453.2 6 35 ILCS 735/3-3 from Ch. 120, par. 2603-3 7 35 ILCS 1010/1-60 8 40 ILCS 5/15-198 9 40 ILCS 5/16-127 from Ch. 108 1/2, par. 16-127 10 50 ILCS 45/30 11 50 ILCS 725/7.2 12 55 ILCS 5/3-8002 from Ch. 34, par. 3-8002 13 55 ILCS 5/4-7001 14 55 ILCS 5/5-1022 15 55 ILCS 5/5-1069.3 16 65 ILCS 5/8-4-1 from Ch. 24, par. 8-4-1 17 65 ILCS 5/10-4-2.3 18 70 ILCS 705/20 from Ch. 127 1/2, par. 38.3 19 70 ILCS 1816/15 20 70 ILCS 2005/11 21 70 ILCS 3605/51 22 75 ILCS 10/3 from Ch. 81, par. 113 23 105 ILCS 5/2-3.25d-5 24 105 ILCS 5/2-3.25o 25 105 ILCS 5/2-3.163 26 105 ILCS 5/2-3.196 HB4844 Engrossed - 2195 - LRB103 39009 AMC 69146 b 1 105 ILCS 5/2-3.198 2 105 ILCS 5/2-3.199 3 105 ILCS 5/2-3.200 4 105 ILCS 5/2-3.201 5 105 ILCS 5/2-3.202 6 105 ILCS 5/2-3.203 7 105 ILCS 5/3-11 8 105 ILCS 5/10-17a 9 105 ILCS 5/10-20.67 10 105 ILCS 5/10-20.85 11 105 ILCS 5/10-20.86 12 105 ILCS 5/10-22.3f 13 105 ILCS 5/10-22.36 from Ch. 122, par. 10-22.36 14 105 ILCS 5/10-22.39 15 105 ILCS 5/14-7.02 from Ch. 122, par. 14-7.02 16 105 ILCS 5/14-8.02 from Ch. 122, par. 14-8.02 17 105 ILCS 5/18-8.15 18 105 ILCS 5/19-6 from Ch. 122, par. 19-6 19 105 ILCS 5/21B-30 20 105 ILCS 5/21B-50 21 105 ILCS 5/21B-70 22 105 ILCS 5/22-30 23 105 ILCS 5/22-95 24 105 ILCS 5/22-97 25 105 ILCS 5/22-98 26 105 ILCS 5/22-99 HB4844 Engrossed - 2196 - LRB103 39009 AMC 69146 b 1 105 ILCS 5/24-2 2 105 ILCS 5/24-12 3 105 ILCS 5/24A-5 from Ch. 122, par. 24A-5 4 105 ILCS 5/26A-40 5 105 ILCS 5/27-23.1 from Ch. 122, par. 27-23.1 6 105 ILCS 5/27A-3 7 105 ILCS 5/27A-5 8 105 ILCS 5/27A-6 9 105 ILCS 5/27A-7 10 105 ILCS 5/27A-11.5 11 105 ILCS 5/34-18.82 12 105 ILCS 5/34-18.83 13 105 ILCS 5/34-18.84 14 105 ILCS 5/34-84 from Ch. 122, par. 34-84 15 105 ILCS 105/10a from Ch. 122, par. 1410a 16 105 ILCS 110/3 17 105 ILCS 128/50 18 105 ILCS 128/55 19 110 ILCS 305/115 20 110 ILCS 330/8h 21 110 ILCS 330/8i 22 110 ILCS 935/3.09 23 110 ILCS 947/65.100 24 110 ILCS 947/67 25 115 ILCS 5/2 from Ch. 48, par. 1702 26 210 ILCS 3/35.2 HB4844 Engrossed - 2197 - LRB103 39009 AMC 69146 b 1 210 ILCS 40/10.3 2 210 ILCS 40/10.4 3 210 ILCS 50/3.55 4 210 ILCS 50/3.116 5 210 ILCS 85/10.10 6 210 ILCS 85/11.9 7 210 ILCS 89/15 8 210 ILCS 170/46 9 215 ILCS 5/356z.61 10 215 ILCS 5/356z.63 11 215 ILCS 5/356z.64 12 215 ILCS 5/356z.65 13 215 ILCS 5/356z.66 14 215 ILCS 5/356z.67 15 215 ILCS 5/356z.68 16 215 ILCS 5/356z.69 17 215 ILCS 5/356z.70 18 215 ILCS 5/370c.1 19 215 ILCS 124/25 20 215 ILCS 125/5-3 from Ch. 111 1/2, par. 1411.2 21 215 ILCS 130/3006 from Ch. 73, par. 1503-6 22 215 ILCS 130/4003 from Ch. 73, par. 1504-3 23 215 ILCS 165/10 from Ch. 32, par. 604 24 220 ILCS 5/8-205 from Ch. 111 2/3, par. 8-205 25 220 ILCS 5/9-222.1A 26 220 ILCS 5/9-229 HB4844 Engrossed - 2198 - LRB103 39009 AMC 69146 b 1 225 ILCS 10/5.1 from Ch. 23, par. 2215.1 2 225 ILCS 10/7.2 from Ch. 23, par. 2217.2 3 225 ILCS 10/18 from Ch. 23, par. 2228 4 225 ILCS 25/4 5 225 ILCS 25/17 6 225 ILCS 46/25 7 225 ILCS 56/95 8 225 ILCS 64/100 9 225 ILCS 95/7.5 10 225 ILCS 115/25.2 from Ch. 111, par. 7025.2 11 225 ILCS 130/75 12 225 ILCS 230/1011 13 225 ILCS 320/13.1 14 225 ILCS 735/2 from Ch. 111, par. 702 15 230 ILCS 5/30 from Ch. 8, par. 37-30 16 230 ILCS 5/31 from Ch. 8, par. 37-31 17 235 ILCS 5/5-3 from Ch. 43, par. 118 18 305 ILCS 5/5-4.2 19 305 ILCS 5/5-5 20 305 ILCS 5/5-5.01a 21 305 ILCS 5/5-5.05 22 305 ILCS 5/5-5.2 23 305 ILCS 5/5-16.8 24 305 ILCS 5/5-47 25 305 ILCS 5/5-50 26 305 ILCS 5/5-51 HB4844 Engrossed - 2199 - LRB103 39009 AMC 69146 b 1 305 ILCS 5/5A-12.7 2 305 ILCS 5/6-9 from Ch. 23, par. 6-9 3 305 ILCS 5/6-12 from Ch. 23, par. 6-12 4 305 ILCS 5/12-4.57 5 305 ILCS 5/12-4.58 6 325 ILCS 2/10 7 325 ILCS 2/30 8 325 ILCS 2/35 9 325 ILCS 5/4.5 10 325 ILCS 5/7.4 11 325 ILCS 40/6 from Ch. 23, par. 2256 12 325 ILCS 85/95-10 13 405 ILCS 20/3e from Ch. 91 1/2, par. 303e 14 410 ILCS 45/8.1 from Ch. 111 1/2, par. 1308.1 15 410 ILCS 82/35 16 410 ILCS 517/5 17 410 ILCS 535/25 18 410 ILCS 535/25.6 19 410 ILCS 535/25.7 20 410 ILCS 650/8 from Ch. 56 1/2, par. 74 21 410 ILCS 705/15-150 22 410 ILCS 705/15-170 23 415 ILCS 5/17.12 24 415 ILCS 5/22.15 25 415 ILCS 5/31 from Ch. 111 1/2, par. 1031 26 415 ILCS 5/58.5 HB4844 Engrossed - 2200 - LRB103 39009 AMC 69146 b 1 415 ILCS 5/58.6 2 415 ILCS 5/58.7 3 415 ILCS 60/24.1 from Ch. 5, par. 824.1 4 415 ILCS 120/40 5 420 ILCS 40/6 from Ch. 111 1/2, par. 210-6 6 430 ILCS 65/10 from Ch. 38, par. 83-10 7 430 ILCS 125/10 8 520 ILCS 5/2.36 from Ch. 61, par. 2.36 9 520 ILCS 5/2.37 from Ch. 61, par. 2.37 10 520 ILCS 5/3.5 from Ch. 61, par. 3.5 11 605 ILCS 5/6-901 from Ch. 121, par. 6-901 12 625 ILCS 5/2-119 from Ch. 95 1/2, par. 2-119 13 625 ILCS 5/3-699.14 14 625 ILCS 5/6-103 from Ch. 95 1/2, par. 6-103 15 625 ILCS 5/6-106.1 16 625 ILCS 5/6-118 17 625 ILCS 5/6-508.5 18 625 ILCS 5/7-315 from Ch. 95 1/2, par. 7-315 19 625 ILCS 5/11-208.6 20 625 ILCS 5/11-305 from Ch. 95 1/2, par. 11-305 21 630 ILCS 5/19 22 705 ILCS 105/27.1b 23 705 ILCS 405/1-8 24 705 ILCS 405/2-3 from Ch. 37, par. 802-3 25 705 ILCS 405/2-6 from Ch. 37, par. 802-6 26 705 ILCS 405/2-9 from Ch. 37, par. 802-9 HB4844 Engrossed - 2201 - LRB103 39009 AMC 69146 b 1 705 ILCS 405/2-10 from Ch. 37, par. 802-10 2 705 ILCS 405/2-20 from Ch. 37, par. 802-20 3 705 ILCS 405/2-28 4 705 ILCS 405/3-5 from Ch. 37, par. 803-5 5 705 ILCS 405/3-6 from Ch. 37, par. 803-6 6 705 ILCS 405/3-16 from Ch. 37, par. 803-16 7 705 ILCS 405/3-17 from Ch. 37, par. 803-17 8 705 ILCS 405/3-19 from Ch. 37, par. 803-19 9 705 ILCS 405/3-21 from Ch. 37, par. 803-21 10 705 ILCS 405/3-24 from Ch. 37, par. 803-24 11 705 ILCS 405/3-33.5 12 705 ILCS 405/4-8 from Ch. 37, par. 804-8 13 705 ILCS 405/4-9 from Ch. 37, par. 804-9 14 705 ILCS 405/4-14 from Ch. 37, par. 804-14 15 705 ILCS 405/4-16 from Ch. 37, par. 804-16 16 705 ILCS 405/4-18 from Ch. 37, par. 804-18 17 705 ILCS 405/4-21 from Ch. 37, par. 804-21 18 705 ILCS 405/5-105 19 705 ILCS 405/5-120 20 705 ILCS 405/5-401.6 21 705 ILCS 405/5-410 22 705 ILCS 405/5-525 23 705 ILCS 405/5-601 24 705 ILCS 405/5-610 25 705 ILCS 405/5-615 26 705 ILCS 405/5-625 HB4844 Engrossed - 2202 - LRB103 39009 AMC 69146 b 1 705 ILCS 405/5-705 2 705 ILCS 405/5-710 3 705 ILCS 405/5-715 4 705 ILCS 405/5-810 5 705 ILCS 405/5-915 6 705 ILCS 405/6-7 from Ch. 37, par. 806-7 7 705 ILCS 405/6-9 from Ch. 37, par. 806-9 8 705 ILCS 405/6-10 from Ch. 37, par. 806-10 9 720 ILCS 5/9-1 from Ch. 38, par. 9-1 10 720 ILCS 5/24-1.9 11 720 ILCS 5/24-1.10 12 720 ILCS 5/24-5.1 13 730 ILCS 5/3-2-13 14 730 ILCS 5/3-2.7-5 15 730 ILCS 5/3-2.7-10 16 730 ILCS 5/3-2.7-20 17 730 ILCS 5/3-2.7-25 18 730 ILCS 5/3-2.7-30 19 730 ILCS 5/3-2.7-35 20 730 ILCS 5/3-2.7-40 21 730 ILCS 5/3-2.7-50 22 730 ILCS 5/3-2.7-55 23 730 ILCS 5/3-5-1 24 730 ILCS 5/3-6-3 25 730 ILCS 5/3-8-10 from Ch. 38, par. 1003-8-10 26 730 ILCS 5/5-4-1 from Ch. 38, par. 1005-4-1 HB4844 Engrossed - 2203 - LRB103 39009 AMC 69146 b 1 730 ILCS 5/5-4-3 from Ch. 38, par. 1005-4-3 2 730 ILCS 5/5-4.5-105 3 730 ILCS 5/5-6-3 from Ch. 38, par. 1005-6-3 4 730 ILCS 5/5-9-1.4 from Ch. 38, par. 1005-9-1.4 5 730 ILCS 5/5-9-1.9 6 730 ILCS 148/35 7 730 ILCS 150/6 8 730 ILCS 154/30 9 730 ILCS 215/10 10 735 ILCS 5/21-101 from Ch. 110, par. 21-101 11 735 ILCS 5/21-102 from Ch. 110, par. 21-102 12 735 ILCS 5/21-102.5 13 735 ILCS 5/21-103 14 735 ILCS 30/25-5-105 15 735 ILCS 30/25-5-107 16 740 ILCS 175/6 from Ch. 127, par. 4106 17 745 ILCS 49/42 18 750 ILCS 30/2 from Ch. 40, par. 2202 19 765 ILCS 1085/15 20 765 ILCS 1085/25 21 765 ILCS 1085/35 22 775 ILCS 5/8-101 23 805 ILCS 5/1.80 from Ch. 32, par. 1.80 24 805 ILCS 105/103.05 from Ch. 32, par. 103.05 25 815 ILCS 505/2BBBB 26 815 ILCS 505/2CCCC HB4844 Engrossed - 2204 - LRB103 39009 AMC 69146 b