Sen. Bill Cunningham

Filed: 10/19/2021

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LRB102 11622 AMC 29966 a

1 AMENDMENT TO HOUSE BILL 307

2 AMENDMENT NO. ______. Amend House Bill 307, AS AMENDED, by

3 replacing everything after the enacting clause with the

4 following:

5 "Section 1. Nature of this Act.

6 (a) This Act may be cited as the Second 2021 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 In certain cases in which a repealed Act or Section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16 incorporate amendments to the repealed Act or Section into the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

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1 cross-references, and deletes obsolete text.

2 (c) In this Act, the reference at the end of each amended

3 Section indicates the sources in the Session Laws of Illinois

4 that were used in the preparation of the text of that Section.

5 The text of the Section included in this Act is intended to

6 include the different versions of the Section found in the

7 Public Acts included in the list of sources, but may not

8 include other versions of the Section to be found in Public

9 Acts not included in the list of sources. The list of sources

10 is not a part of the text of the Section.

11 (d) Public Acts 101-652 through 102-98 were considered in

12 the preparation of the combining revisories included in this

13 Act. Many of those combining revisories contain no striking or

14 underscoring because no additional changes are being made in

15 the material that is being combined.

16 (5 ILCS 80/4.32 rep.)

17 Section 5. The Regulatory Sunset Act is amended by

18 repealing Section 4.32.

19 Section 7. The Election Code is amended by changing

20 Sections 2A-1.1, 7-4, 7-10, 7-12, 10-4, and 19-2 as follows:

21 (10 ILCS 5/2A-1.1) (from Ch. 46, par. 2A-1.1)

22 Sec. 2A-1.1. All elections; consolidated ~~elections -~~

23 ~~consolidated~~ schedule.

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1 (a) Except as otherwise provided in this Code, in

2 even-numbered years, the general election shall be held on the

3 first Tuesday after the first Monday of November; and an

4 election to be known as the general primary election shall be

5 held on the third Tuesday in March. ~~;~~

6 (b) In odd-numbered years, an election to be known as the

7 consolidated election shall be held on the first Tuesday in

8 April except as provided in Section 2A-1.1a of thisCode ~~Act~~;

9 and an election to be known as the consolidated primary

10 election shall be held on the last Tuesday in February.

11 (Source: P.A. 102-15, eff. 6-17-21; revised 7-14-21.)

12 (10 ILCS 5/7-4) (from Ch. 46, par. 7-4)

13 Sec. 7-4. The following words and phrases in this Article

14 7 shall, unless the same be inconsistent with the context, be

15 construed as follows:

16 1. The word "primary", the primary elections provided for

17 in this Article, which are the general primary, the

18 consolidated primary, and for those municipalities which have

19 annual partisan elections for any officer, the municipal

20 primary held 6 weeks prior to the general primary election

21 date in even numbered years.

22 2. The definitions ~~definition~~ of terms in Section 1-3 of

23 this Code ~~Act~~shall apply to this Article.

24 3. The word "precinct", a voting district heretofore or

25 hereafter established by law within which all qualified

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1 electors vote at one polling place.

2 4. The words "state office" or "state officer", an office

3 to be filled, or an officer to be voted for, by qualified

4 electors of the entire state, including United States Senator

5 and Congressperson at large.

6 5. The words "congressional office" or "congressional

7 officer", representatives in Congress.

8 6. The words "county office" or "county officer," include

9 an office to be filled or an officer to be voted for, by the

10 qualified electors of the entire county. "County office" or

11 "county officer" also include the assessor and board of

12 appeals and county commissioners and president of county board

13 of Cook County, and county board members and the chair of the

14 county board in counties subject to Division 2-3 of the

15 Counties Code ~~"An Act relating to the composition and election~~

16 ~~of county boards in certain counties", enacted by the 76th~~

17 ~~General Assembly~~.

18 7. The words "city office" and "village office," and

19 "incorporated town office" or "city officer" and "village

20 officer", and "incorporated town officer", an office to be

21 filled or an officer to be voted for by the qualified electors

22 of the entire municipality, including alderpersons.

23 8. The words "town office" or "town officer", an office to

24 be filled or an officer to be voted for by the qualified

25 electors of an entire town.

26 9. The words "town" and "incorporated town" shall

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1 respectively be defined as in Section 1-3 of thisCode ~~Act~~.

2 10. The words "delegates and alternate delegates to

3 National nominating conventions" include all delegates and

4 alternate delegates to National nominating conventions whether

5 they be elected from the state at large or from congressional

6 districts or selected by State convention unless contrary and

7 non-inclusive language specifically limits the term to one

8 class.

9 11. "Judicial office" means a post held by a judge of the

10 Supreme, Appellate, or Circuit Court.

11 (Source: P.A. 102-15, eff. 6-17-21; revised 7-14-21.)

12 (10 ILCS 5/7-10) (from Ch. 46, par. 7-10)

13 Sec. 7-10. Form of petition for nomination. The name of no

14 candidate for nomination, or State central committeeperson, or

15 township committeeperson, or precinct committeeperson, or ward

16 committeeperson or candidate for delegate or alternate

17 delegate to national nominating conventions, shall be printed

18 upon the primary ballot unless a petition for nomination has

19 been filed in his behalf as provided in this Article in

20 substantially the following form:

21 We, the undersigned, members of and affiliated with the

22 .... party and qualified primary electors of the .... party,

23 in the .... of ...., in the county of .... and State of

24 Illinois, do hereby petition that the following named person

25 or persons shall be a candidate or candidates of the .... party

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1 for the nomination for (or in case of committeepersons for

2 election to) the office or offices hereinafter specified, to

3 be voted for at the primary election to be held on (insert

4 date).

5	`Name`	`Office`	`Address`
6	`John Jones`	`Governor`	`Belvidere, Ill.`
7	`Jane James`	`Lieutenant Governor`	`Peoria, Ill.`
8	`Thomas Smith`	`Attorney General`	`Oakland, Ill.`

9 Name.................. Address.......................

10 State of Illinois)

11 ) ss.

12 County of........)

13 I, ...., do hereby certify that I reside at No. ....

14 street, in the .... of ...., county of ...., and State of

15 ....., that I am 18 years of age or older, that I am a citizen

16 of the United States, and that the signatures on this sheet

17 were signed in my presence, and are genuine, and that to the

18 best of my knowledge and belief the persons so signing were at

19 the time of signing the petitions qualified voters of the ....

20 party, and that their respective residences are correctly

21 stated, as above set forth.

.........................

23 Subscribed and sworn to before me on (insert date).

.........................

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1 Each sheet of the petition other than the statement of

2 candidacy and candidate's statement shall be of uniform size

3 and shall contain above the space for signatures an

4 appropriate heading giving the information as to name of

5 candidate or candidates, in whose behalf such petition is

6 signed; the office, the political party represented and place

7 of residence; and the heading of each sheet shall be the same.

8 Such petition shall be signed by qualified primary

9 electors residing in the political division for which the

10 nomination is sought in their own proper persons only and

11 opposite the signature of each signer, his residence address

12 shall be written or printed. The residence address required to

13 be written or printed opposite each qualified primary

14 elector's name shall include the street address or rural route

15 number of the signer, as the case may be, as well as the

16 signer's county, and city, village or town, and state.

17 However, the county or city, village or town, and state of

18 residence of the electors may be printed on the petition forms

19 where all of the electors signing the petition reside in the

20 same county or city, village or town, and state. Standard

21 abbreviations may be used in writing the residence address,

22 including street number, if any. At the bottom of each sheet of

23 such petition shall be added a circulator statement signed by

24 a person 18 years of age or older who is a citizen of the

25 United States, stating the street address or rural route

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1 number, as the case may be, as well as the county, city,

2 village or town, and state; and certifying that the signatures

3 on that sheet of the petition were signed in his or her

4 presence and certifying that the signatures are genuine; and

5 either (1) indicating the dates on which that sheet was

6 circulated, or (2) indicating the first and last dates on

7 which the sheet was circulated, or (3) certifying that none of

8 the signatures on the sheet were signed more than 90 days

9 preceding the last day for the filing of the petition and

10 certifying that to the best of his or her knowledge and belief

11 the persons so signing were at the time of signing the

12 petitions qualified voters of the political party for which a

13 nomination is sought. Such statement shall be sworn to before

14 some officer authorized to administer oaths in this State.

15 Except as otherwise provided in this Code, no petition

16 sheet shall be circulated more than 90 days preceding the last

17 day provided in Section 7-12 for the filing of such petition.

18 The person circulating the petition, or the candidate on

19 whose behalf the petition is circulated, may strike any

20 signature from the petition, provided that:

21 (1) the person striking the signature shall initial

22 the petition at the place where the signature is struck;

23 and

24 (2) the person striking the signature shall sign a

25 certification listing the page number and line number of

26 each signature struck from the petition. Such

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1 certification shall be filed as a part of the petition.

2 Such sheets before being filed shall be neatly fastened

3 together in book form, by placing the sheets in a pile and

4 fastening them together at one edge in a secure and suitable

5 manner, and the sheets shall then be numbered consecutively.

6 The sheets shall not be fastened by pasting them together end

7 to end, so as to form a continuous strip or roll. All petition

8 sheets which are filed with the proper local election

9 officials, election authorities or the State Board of

10 Elections shall be the original sheets which have been signed

11 by the voters and by the circulator thereof, and not

12 photocopies or duplicates of such sheets. Each petition must

13 include as a part thereof, a statement of candidacy for each of

14 the candidates filing, or in whose behalf the petition is

15 filed. This statement shall set out the address of such

16 candidate, the office for which he is a candidate, shall state

17 that the candidate is a qualified primary voter of the party to

18 which the petition relates and is qualified for the office

19 specified (in the case of a candidate for State's Attorney it

20 shall state that the candidate is at the time of filing such

21 statement a licensed attorney-at-law of this State), shall

22 state that he has filed (or will file before the close of the

23 petition filing period) a statement of economic interests as

24 required by the Illinois Governmental Ethics Act, shall

25 request that the candidate's name be placed upon the official

26 ballot, and shall be subscribed and sworn to by such candidate

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1 before some officer authorized to take acknowledgment of deeds

2 in the State and shall be in substantially the following form:

3 Statement of Candidacy

4	`Name`	`Address`	`Office`	`District`	`Party`
5	`John Jones`	`102 Main St.`	`Governor`	`Statewide`	`Republican`
6		`Belvidere,`
7		`Illinois`

8 State of Illinois)

9 ) ss.

10 County of .......)

11 I, ...., being first duly sworn, say that I reside at ....

12 Street in the city (or village) of ...., in the county of ....,

13 State of Illinois; that I am a qualified voter therein and am a

14 qualified primary voter of the .... party; that I am a

15 candidate for nomination (for election in the case of

16 committeeperson and delegates and alternate delegates) to the

17 office of .... to be voted upon at the primary election to be

18 held on (insert date); that I am legally qualified (including

19 being the holder of any license that may be an eligibility

20 requirement for the office I seek the nomination for) to hold

21 such office and that I have filed (or I will file before the

22 close of the petition filing period) a statement of economic

23 interests as required by the Illinois Governmental Ethics Act

24 and I hereby request that my name be printed upon the official

25 primary ballot for nomination for (or election to in the case

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1 of committeepersons and delegates and alternate delegates)

2 such office.

Signed ......................

4 Subscribed and sworn to (or affirmed) before me by ....,

5 who is to me personally known, on (insert date).

Signed ....................

7 (Official Character)

8 (Seal, if officer has one.)

9 The petitions, when filed, shall not be withdrawn or added

10 to, and no signatures shall be revoked except by revocation

11 filed in writing with the State Board of Elections, election

12 authority or local election official with whom the petition is

13 required to be filed, and before the filing of such petition.

14 Whoever forges the name of a signer upon any petition required

15 by this Article is deemed guilty of a forgery and on conviction

16 thereof shall be punished accordingly.

17 A candidate for the offices listed in this Section must

18 obtain the number of signatures specified in this Section on

19 his or her petition for nomination.

20 (a) Statewide office or delegate to a national nominating

21 convention. Except as otherwise provided in this Code, if a

22 candidate seeks to run for statewide office or as a delegate or

23 alternate delegate to a national nominating convention elected

24 from the State at-large, then the candidate's petition for

25 nomination must contain at least 5,000 but not more than

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1 10,000 signatures.

2 (b) Congressional office or congressional delegate to a

3 national nominating convention. Except as otherwise provided

4 in this Code, if a candidate seeks to run for United States

5 Congress or as a congressional delegate or alternate

6 congressional delegate to a national nominating convention

7 elected from a congressional district, then the candidate's

8 petition for nomination must contain at least the number of

9 signatures equal to 0.5% of the qualified primary electors of

10 his or her party in his or her congressional district. In the

11 first primary election following a redistricting of

12 congressional districts, a candidate's petition for nomination

13 must contain at least 600 signatures of qualified primary

14 electors of the candidate's political party in his or her

15 congressional district.

16 (c) County office. Except as otherwise provided in this

17 Code, if a candidate seeks to run for any countywide office,

18 including, but not limited to, county board chairperson or

19 county board member, elected on an at-large basis, in a county

20 other than Cook County, then the candidate's petition for

21 nomination must contain at least the number of signatures

22 equal to 0.5% of the qualified electors of his or her party who

23 cast votes at the last preceding general election in his or her

24 county. If a candidate seeks to run for county board member

25 elected from a county board district, then the candidate's

26 petition for nomination must contain at least the number of

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1 signatures equal to 0.5% of the qualified primary electors of

2 his or her party in the county board district. In the first

3 primary election following a redistricting of county board

4 districts or the initial establishment of county board

5 districts, a candidate's petition for nomination must contain

6 at least the number of signatures equal to 0.5% of the

7 qualified electors of his or her party in the entire county who

8 cast votes at the last preceding general election divided by

9 the total number of county board districts comprising the

10 county board; provided that in no event shall the number of

11 signatures be less than 25.

12 (d) County office; Cook County only.

13 (1) If a candidate seeks to run for countywide office

14 in Cook County, then the candidate's petition for

15 nomination must contain at least the number of signatures

16 equal to 0.5% of the qualified electors of his or her party

17 who cast votes at the last preceding general election in

18 Cook County.

19 (2) If a candidate seeks to run for Cook County Board

20 Commissioner, then the candidate's petition for nomination

21 must contain at least the number of signatures equal to

22 0.5% of the qualified primary electors of his or her party

23 in his or her county board district. In the first primary

24 election following a redistricting of Cook County Board of

25 Commissioners districts, a candidate's petition for

26 nomination must contain at least the number of signatures

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1 equal to 0.5% of the qualified electors of his or her party

2 in the entire county who cast votes at the last preceding

3 general election divided by the total number of county

4 board districts comprising the county board; provided that

5 in no event shall the number of signatures be less than 25.

6 (3) Except as otherwise provided in this Code, if a

7 candidate seeks to run for Cook County Board of Review

8 Commissioner, which is elected from a district pursuant to

9 subsection (c) of Section 5-5 of the Property Tax Code,

10 then the candidate's petition for nomination must contain

11 at least the number of signatures equal to 0.5% of the

12 total number of registered voters in his or her board of

13 review district in the last general election at which a

14 commissioner was regularly scheduled to be elected from

15 that board of review district. In no event shall the

16 number of signatures required be greater than the

17 requisite number for a candidate who seeks countywide

18 office in Cook County under subsection (d)(1) of this

19 Section. In the first primary election following a

20 redistricting of Cook County Board of Review districts, a

21 candidate's petition for nomination must contain at least

22 4,000 signatures or at least the number of signatures

23 required for a countywide candidate in Cook County,

24 whichever is less, of the qualified electors of his or her

25 party in the district.

26 (e) Municipal or township office. If a candidate seeks to

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1 run for municipal or township office, then the candidate's

2 petition for nomination must contain at least the number of

3 signatures equal to 0.5% of the qualified primary electors of

4 his or her party in the municipality or township. If a

5 candidate seeks to run for alderperson of a municipality, then

6 the candidate's petition for nomination must contain at least

7 the number of signatures equal to 0.5% of the qualified

8 primary electors of his or her party of the ward. In the first

9 primary election following redistricting of wards or trustee

10 districts of a municipality or the initial establishment of

11 wards or districts, a candidate's petition for nomination must

12 contain the number of signatures equal to at least 0.5% of the

13 total number of votes cast for the candidate of that political

14 party who received the highest number of votes in the entire

15 municipality at the last regular election at which an officer

16 was regularly scheduled to be elected from the entire

17 municipality, divided by the number of wards or districts. In

18 no event shall the number of signatures be less than 25.

19 (f) State central committeeperson. If a candidate seeks to

20 run for State central committeeperson, then the candidate's

21 petition for nomination must contain at least 100 signatures

22 of the primary electors of his or her party of his or her

23 congressional district.

24 (g) Sanitary district trustee. Except as otherwise

25 provided in this Code, if a candidate seeks to run for trustee

26 of a sanitary district in which trustees are not elected from

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1 wards, then the candidate's petition for nomination must

2 contain at least the number of signatures equal to 0.5% of the

3 primary electors of his or her party from the sanitary

4 district. If a candidate seeks to run for trustee of a sanitary

5 district in which trustees are elected from wards, then the

6 candidate's petition for nomination must contain at least the

7 number of signatures equal to 0.5% of the primary electors of

8 his or her party in the ward of that sanitary district. In the

9 first primary election following redistricting of sanitary

10 districts elected from wards, a candidate's petition for

11 nomination must contain at least the signatures of 150

12 qualified primary electors of his or her ward of that sanitary

13 district.

14 (h) Judicial office. Except as otherwise provided in this

15 Code, if a candidate seeks to run for judicial office in a

16 district, then the candidate's petition for nomination must

17 contain the number of signatures equal to 0.4% of the number of

18 votes cast in that district for the candidate for his or her

19 political party for the office of Governor at the last general

20 election at which a Governor was elected, but in no event less

21 than 500 signatures. If a candidate seeks to run for judicial

22 office in a circuit or subcircuit, then the candidate's

23 petition for nomination must contain the number of signatures

24 equal to 0.25% of the number of votes cast for the judicial

25 candidate of his or her political party who received the

26 highest number of votes at the last general election at which a

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1 judicial officer from the same circuit or subcircuit was

2 regularly scheduled to be elected, but in no event less than

3 1,000 signatures in circuits and subcircuits located in the

4 First Judicial District or 500 signatures in every other

5 Judicial District.

6 (i) Precinct, ward, and township committeeperson. Except

7 as otherwise provided in this Code, if a candidate seeks to run

8 for precinct committeeperson, then the candidate's petition

9 for nomination must contain at least 10 signatures of the

10 primary electors of his or her party for the precinct. If a

11 candidate seeks to run for ward committeeperson, then the

12 candidate's petition for nomination must contain no less than

13 the number of signatures equal to 10% of the primary electors

14 of his or her party of the ward, but no more than 16% of those

15 same electors; provided that the maximum number of signatures

16 may be 50 more than the minimum number, whichever is greater.

17 If a candidate seeks to run for township committeeperson, then

18 the candidate's petition for nomination must contain no less

19 than the number of signatures equal to 5% of the primary

20 electors of his or her party of the township, but no more than

21 8% of those same electors; provided that the maximum number of

22 signatures may be 50 more than the minimum number, whichever

23 is greater.

24 (j) State's attorney or regional superintendent of schools

25 for multiple counties. If a candidate seeks to run for State's

26 attorney or regional Superintendent of Schools who serves more

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1 than one county, then the candidate's petition for nomination

2 must contain at least the number of signatures equal to 0.5% of

3 the primary electors of his or her party in the territory

4 comprising the counties.

5 (k) Any other office. If a candidate seeks any other

6 office, then the candidate's petition for nomination must

7 contain at least the number of signatures equal to 0.5% of the

8 registered voters of the political subdivision, district, or

9 division for which the nomination is made or 25 signatures,

10 whichever is greater.

11 For purposes of this Section the number of primary

12 electors shall be determined by taking the total vote cast, in

13 the applicable district, for the candidate for that political

14 party who received the highest number of votes, statewide, at

15 the last general election in the State at which electors for

16 President of the United States were elected. For political

17 subdivisions, the number of primary electors shall be

18 determined by taking the total vote cast for the candidate for

19 that political party who received the highest number of votes

20 in the political subdivision at the last regular election at

21 which an officer was regularly scheduled to be elected from

22 that subdivision. For wards or districts of political

23 subdivisions, the number of primary electors shall be

24 determined by taking the total vote cast for the candidate for

25 that political party who received the highest number of votes

26 in the ward or district at the last regular election at which

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1 an officer was regularly scheduled to be elected from that

2 ward or district.

3 A "qualified primary elector" of a party may not sign

4 petitions for or be a candidate in the primary of more than one

5 party.

6 The changes made to this Section by Public Act 93-574 ~~of~~

7 ~~this amendatory Act of the 93rd General Assembly~~ are

8 declarative of existing law, except for item (3) of subsection

9 (d).

10 Petitions of candidates for nomination for offices herein

11 specified, to be filed with the same officer, may contain the

12 names of 2 or more candidates of the same political party for

13 the same or different offices. In the case of the offices of

14 Governor and Lieutenant Governor, a joint petition including

15 one candidate for each of those offices must be filed.

16 (Source: P.A. 102-15, eff. 6-17-21; revised 7-14-21.)

17 (10 ILCS 5/7-12) (from Ch. 46, par. 7-12)

18 Sec. 7-12. All petitions for nomination shall be filed by

19 mail or in person as follows:

20 (1) Except as otherwise provided in this Code, where

21 the nomination is to be made for a State, congressional,

22 or judicial office, or for any office a nomination for

23 which is made for a territorial division or district which

24 comprises more than one county or is partly in one county

25 and partly in another county or counties (including the

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1 Fox Metro Water Reclamation District), then, except as

2 otherwise provided in this Section, such petition for

3 nomination shall be filed in the principal office of the

4 State Board of Elections not more than 113 and not less

5 than 106 days prior to the date of the primary, but, in the

6 case of petitions for nomination to fill a vacancy by

7 special election in the office of representative in

8 Congress from this State, such petition for nomination

9 shall be filed in the principal office of the State Board

10 of Elections not more than 85 days and not less than 82

11 days prior to the date of the primary.

12 Where a vacancy occurs in the office of Supreme,

13 Appellate or Circuit Court Judge within the 3-week period

14 preceding the 106th day before a general primary election,

15 petitions for nomination for the office in which the

16 vacancy has occurred shall be filed in the principal

17 office of the State Board of Elections not more than 92 nor

18 less than 85 days prior to the date of the general primary

19 election.

20 Where the nomination is to be made for delegates or

21 alternate delegates to a national nominating convention,

22 then such petition for nomination shall be filed in the

23 principal office of the State Board of Elections not more

24 than 113 and not less than 106 days prior to the date of

25 the primary; provided, however, that if the rules or

26 policies of a national political party conflict with such

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1 requirements for filing petitions for nomination for

2 delegates or alternate delegates to a national nominating

3 convention, the chair of the State central committee of

4 such national political party shall notify the Board in

5 writing, citing by reference the rules or policies of the

6 national political party in conflict, and in such case the

7 Board shall direct such petitions to be filed in

8 accordance with the delegate selection plan adopted by the

9 state central committee of such national political party.

10 (2) Where the nomination is to be made for a county

11 office or trustee of a sanitary district then such

12 petition shall be filed in the office of the county clerk

13 not more than 113 nor less than 106 days prior to the date

14 of the primary.

15 (3) Where the nomination is to be made for a municipal

16 or township office, such petitions for nomination shall be

17 filed in the office of the local election official, not

18 more than 99 nor less than 92 days prior to the date of the

19 primary; provided, where a municipality's or township's

20 boundaries are coextensive with or are entirely within the

21 jurisdiction of a municipal board of election

22 commissioners, the petitions shall be filed in the office

23 of such board; and provided, that petitions for the office

24 of multi-township assessor shall be filed with the

25 election authority.

26 (4) The petitions of candidates for State central

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1 committeeperson shall be filed in the principal office of

2 the State Board of Elections not more than 113 nor less

3 than 106 days prior to the date of the primary.

4 (5) Petitions of candidates for precinct, township or

5 ward committeepersons shall be filed in the office of the

6 county clerk not more than 113 nor less than 106 days prior

7 to the date of the primary.

8 (6) The State Board of Elections and the various

9 election authorities and local election officials with

10 whom such petitions for nominations are filed shall

11 specify the place where filings shall be made and upon

12 receipt shall endorse thereon the day and hour on which

13 each petition was filed. All petitions filed by persons

14 waiting in line as of 8:00 a.m. on the first day for

15 filing, or as of the normal opening hour of the office

16 involved on such day, shall be deemed filed as of 8:00 a.m.

17 or the normal opening hour, as the case may be. Petitions

18 filed by mail and received after midnight of the first day

19 for filing and in the first mail delivery or pickup of that

20 day shall be deemed as filed as of 8:00 a.m. of that day or

21 as of the normal opening hour of such day, as the case may

22 be. All petitions received thereafter shall be deemed as

23 filed in the order of actual receipt. However, 2 or more

24 petitions filed within the last hour of the filing

25 deadline shall be deemed filed simultaneously. Where 2 or

26 more petitions are received simultaneously, the State

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1 Board of Elections or the various election authorities or

2 local election officials with whom such petitions are

3 filed shall break ties and determine the order of filing,

4 by means of a lottery or other fair and impartial method of

5 random selection approved by the State Board of Elections.

6 Such lottery shall be conducted within 9 days following

7 the last day for petition filing and shall be open to the

8 public. Seven days written notice of the time and place of

9 conducting such random selection shall be given by the

10 State Board of Elections to the chair of the State central

11 committee of each established political party, and by each

12 election authority or local election official, to the

13 County Chair of each established political party, and to

14 each organization of citizens within the election

15 jurisdiction which was entitled, under this Article, at

16 the next preceding election, to have pollwatchers present

17 on the day of election. The State Board of Elections,

18 election authority or local election official shall post

19 in a conspicuous, open and public place, at the entrance

20 of the office, notice of the time and place of such

21 lottery. The State Board of Elections shall adopt rules

22 and regulations governing the procedures for the conduct

23 of such lottery. All candidates shall be certified in the

24 order in which their petitions have been filed. Where

25 candidates have filed simultaneously, they shall be

26 certified in the order determined by lot and prior to

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1 candidates who filed for the same office at a later time.

2 (7) The State Board of Elections or the appropriate

3 election authority or local election official with whom

4 such a petition for nomination is filed shall notify the

5 person for whom a petition for nomination has been filed

6 of the obligation to file statements of organization,

7 reports of campaign contributions, and annual reports of

8 campaign contributions and expenditures under Article 9 of

9 this Code ~~Act~~. Such notice shall be given in the manner

10 prescribed by paragraph (7) of Section 9-16 of this Code.

11 (8) Nomination papers filed under this Section are not

12 valid if the candidate named therein fails to file a

13 statement of economic interests as required by the

14 Illinois Governmental Ethics Act in relation to his

15 candidacy with the appropriate officer by the end of the

16 period for the filing of nomination papers unless he has

17 filed a statement of economic interests in relation to the

18 same governmental unit with that officer within a year

19 preceding the date on which such nomination papers were

20 filed. If the nomination papers of any candidate and the

21 statement of economic interest of that candidate are not

22 required to be filed with the same officer, the candidate

23 must file with the officer with whom the nomination papers

24 are filed a receipt from the officer with whom the

25 statement of economic interests is filed showing the date

26 on which such statement was filed. Such receipt shall be

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1 so filed not later than the last day on which nomination

2 papers may be filed.

3 (9) Except as otherwise provided in this Code, any

4 person for whom a petition for nomination, or for

5 committeeperson or for delegate or alternate delegate to a

6 national nominating convention has been filed may cause

7 his name to be withdrawn by request in writing, signed by

8 him and duly acknowledged before an officer qualified to

9 take acknowledgments of deeds, and filed in the principal

10 or permanent branch office of the State Board of Elections

11 or with the appropriate election authority or local

12 election official, not later than the date of

13 certification of candidates for the consolidated primary

14 or general primary ballot. No names so withdrawn shall be

15 certified or printed on the primary ballot. If petitions

16 for nomination have been filed for the same person with

17 respect to more than one political party, his name shall

18 not be certified nor printed on the primary ballot of any

19 party. If petitions for nomination have been filed for the

20 same person for 2 or more offices which are incompatible

21 so that the same person could not serve in more than one of

22 such offices if elected, that person must withdraw as a

23 candidate for all but one of such offices within the 5

24 business days following the last day for petition filing.

25 A candidate in a judicial election may file petitions for

26 nomination for only one vacancy in a subcircuit and only

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1 one vacancy in a circuit in any one filing period, and if

2 petitions for nomination have been filed for the same

3 person for 2 or more vacancies in the same circuit or

4 subcircuit in the same filing period, his or her name

5 shall be certified only for the first vacancy for which

6 the petitions for nomination were filed. If he fails to

7 withdraw as a candidate for all but one of such offices

8 within such time his name shall not be certified, nor

9 printed on the primary ballot, for any office. For the

10 purpose of the foregoing provisions, an office in a

11 political party is not incompatible with any other office.

12 (10)(a) Notwithstanding the provisions of any other

13 statute, no primary shall be held for an established

14 political party in any township, municipality, or ward

15 thereof, where the nomination of such party for every

16 office to be voted upon by the electors of such township,

17 municipality, or ward thereof, is uncontested. Whenever a

18 political party's nomination of candidates is uncontested

19 as to one or more, but not all, of the offices to be voted

20 upon by the electors of a township, municipality, or ward

21 thereof, then a primary shall be held for that party in

22 such township, municipality, or ward thereof; provided

23 that the primary ballot shall not include those offices

24 within such township, municipality, or ward thereof, for

25 which the nomination is uncontested. For purposes of this

26 Article, the nomination of an established political party

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1 of a candidate for election to an office shall be deemed to

2 be uncontested where not more than the number of persons

3 to be nominated have timely filed valid nomination papers

4 seeking the nomination of such party for election to such

5 office.

6 (b) Notwithstanding the provisions of any other

7 statute, no primary election shall be held for an

8 established political party for any special primary

9 election called for the purpose of filling a vacancy in

10 the office of representative in the United States Congress

11 where the nomination of such political party for said

12 office is uncontested. For the purposes of this Article,

13 the nomination of an established political party of a

14 candidate for election to said office shall be deemed to

15 be uncontested where not more than the number of persons

16 to be nominated have timely filed valid nomination papers

17 seeking the nomination of such established party for

18 election to said office. This subsection (b) shall not

19 apply if such primary election is conducted on a regularly

20 scheduled election day.

21 (c) Notwithstanding the provisions in subparagraph (a)

22 and (b) of this paragraph (10), whenever a person who has

23 not timely filed valid nomination papers and who intends

24 to become a write-in candidate for a political party's

25 nomination for any office for which the nomination is

26 uncontested files a written statement or notice of that

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1 intent with the State Board of Elections or the local

2 election official with whom nomination papers for such

3 office are filed, a primary ballot shall be prepared and a

4 primary shall be held for that office. Such statement or

5 notice shall be filed on or before the date established in

6 this Article for certifying candidates for the primary

7 ballot. Such statement or notice shall contain (i) the

8 name and address of the person intending to become a

9 write-in candidate, (ii) a statement that the person is a

10 qualified primary elector of the political party from whom

11 the nomination is sought, (iii) a statement that the

12 person intends to become a write-in candidate for the

13 party's nomination, and (iv) the office the person is

14 seeking as a write-in candidate. An election authority

15 shall have no duty to conduct a primary and prepare a

16 primary ballot for any office for which the nomination is

17 uncontested unless a statement or notice meeting the

18 requirements of this Section is filed in a timely manner.

19 (11) If multiple sets of nomination papers are filed

20 for a candidate to the same office, the State Board of

21 Elections, appropriate election authority or local

22 election official where the petitions are filed shall

23 within 2 business days notify the candidate of his or her

24 multiple petition filings and that the candidate has 3

25 business days after receipt of the notice to notify the

26 State Board of Elections, appropriate election authority

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1 or local election official that he or she may cancel prior

2 sets of petitions. If the candidate notifies the State

3 Board of Elections, appropriate election authority or

4 local election official, the last set of petitions filed

5 shall be the only petitions to be considered valid by the

6 State Board of Elections, election authority or local

7 election official. If the candidate fails to notify the

8 State Board of Elections, election authority or local

9 election official then only the first set of petitions

10 filed shall be valid and all subsequent petitions shall be

11 void.

12 (12) All nominating petitions shall be available for

13 public inspection and shall be preserved for a period of

14 not less than 6 months.

15 (Source: P.A. 101-523, eff. 8-23-19; 102-15, eff. 6-17-21;

16 revised 7-14-21.)

17 (10 ILCS 5/10-4) (from Ch. 46, par. 10-4)

18 Sec. 10-4. Form of petition for nomination. All petitions

19 for nomination under this Article 10 for candidates for public

20 office in this State, shall in addition to other requirements

21 provided by law, be as follows: Such petitions shall consist

22 of sheets of uniform size and each sheet shall contain, above

23 the space for signature, an appropriate heading, giving the

24 information as to name of candidate or candidates in whose

25 behalf such petition is signed; the office; the party; place

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1 of residence; and such other information or wording as

2 required to make same valid, and the heading of each sheet

3 shall be the same. Such petition shall be signed by the

4 qualified voters in their own proper persons only, and

5 opposite the signature of each signer his residence address

6 shall be written or printed. The residence address required to

7 be written or printed opposite each qualified primary

8 elector's name shall include the street address or rural route

9 number of the signer, as the case may be, as well as the

10 signer's county, and city, village or town, and state.

11 However, the county or city, village or town, and state of

12 residence of such electors may be printed on the petition

13 forms where all of the electors signing the petition reside in

14 the same county or city, village or town, and state. Standard

15 abbreviations may be used in writing the residence address,

16 including street number, if any. Except as otherwise provided

17 in this Code, no signature shall be valid or be counted in

18 considering the validity or sufficiency of such petition

19 unless the requirements of this Section are complied with. At

20 the bottom of each sheet of such petition shall be added a

21 circulator's statement, signed by a person 18 years of age or

22 older who is a citizen of the United States; stating the street

23 address or rural route number, as the case may be, as well as

24 the county, city, village or town, and state; certifying that

25 the signatures on that sheet of the petition were signed in his

26 or her presence; certifying that the signatures are genuine;

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1 and either (1) indicating the dates on which that sheet was

2 circulated, or (2) indicating the first and last dates on

3 which the sheet was circulated, or (3) certifying that none of

4 the signatures on the sheet were signed more than 90 days

5 preceding the last day for the filing of the petition; and

6 certifying that to the best of his knowledge and belief the

7 persons so signing were at the time of signing the petition

8 duly registered voters under Article ~~Articles~~ 4, 5, or 6 of

9 this~~the~~ Code of the political subdivision or district for

10 which the candidate or candidates shall be nominated, and

11 certifying that their respective residences are correctly

12 stated therein. Such statement shall be sworn to before some

13 officer authorized to administer oaths in this State. Except

14 as otherwise provided in this Code, no petition sheet shall be

15 circulated more than 90 days preceding the last day provided

16 in Section 10-6 for the filing of such petition. Such sheets,

17 before being presented to the electoral board or filed with

18 the proper officer of the electoral district or division of

19 the state or municipality, as the case may be, shall be neatly

20 fastened together in book form, by placing the sheets in a pile

21 and fastening them together at one edge in a secure and

22 suitable manner, and the sheets shall then be numbered

23 consecutively. The sheets shall not be fastened by pasting

24 them together end to end, so as to form a continuous strip or

25 roll. All petition sheets which are filed with the proper

26 local election officials, election authorities or the State

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1 Board of Elections shall be the original sheets which have

2 been signed by the voters and by the circulator, and not

3 photocopies or duplicates of such sheets. A petition, when

4 presented or filed, shall not be withdrawn, altered, or added

5 to, and no signature shall be revoked except by revocation in

6 writing presented or filed with the officers or officer with

7 whom the petition is required to be presented or filed, and

8 before the presentment or filing of such petition. Whoever

9 forges any name of a signer upon any petition shall be deemed

10 guilty of a forgery, and on conviction thereof, shall be

11 punished accordingly. The word "petition" or "petition for

12 nomination", as used herein, shall mean what is sometimes

13 known as nomination papers, in distinction to what is known as

14 a certificate of nomination. The words "political division for

15 which the candidate is nominated", or its equivalent, shall

16 mean the largest political division in which all qualified

17 voters may vote upon such candidate or candidates, as the

18 state in the case of state officers; the township in the case

19 of township officers et cetera. Provided, further, that no

20 person shall circulate or certify petitions for candidates of

21 more than one political party, or for an independent candidate

22 or candidates in addition to one political party, to be voted

23 upon at the next primary or general election, or for such

24 candidates and parties with respect to the same political

25 subdivision at the next consolidated election.

26 (Source: P.A. 102-15, eff. 6-17-21; revised 7-15-21.)

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1 (10 ILCS 5/19-2) (from Ch. 46, par. 19-2)

2 Sec. 19-2. Except as otherwise provided in this Code, any

3 elector as defined in Section 19-1 may by mail or

4 electronically on the website of the appropriate election

5 authority, not more than 90 nor less than 5 days prior to the

6 date of such election, or by personal delivery not more than 90

7 nor less than one day prior to the date of such election, make

8 application to the county clerk or to the Board of Election

9 Commissioners for an official ballot for the voter's precinct

10 to be voted at such election~~,~~ or to be added to a list of

11 permanent vote by mail status voters who receive an official

12 vote by mail ballot for subsequent elections. Voters who make

13 an application for permanent vote by mail ballot status shall

14 follow the procedures specified in Section 19-3. Voters whose

15 application for permanent vote by mail status is accepted by

16 the election authority shall remain on the permanent vote by

17 mail list until the voter requests to be removed from

18 permanent vote by mail status, the voter provides notice to

19 the election authority of a change in registration, or the

20 election authority receives confirmation that the voter has

21 subsequently registered to vote in another county. The URL

22 address at which voters may electronically request a vote by

23 mail ballot shall be fixed no later than 90 calendar days

24 before an election and shall not be changed until after the

25 election. Such a ballot shall be delivered to the elector only

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1 upon separate application by the elector for each election.

2 (Source: P.A. 102-15, eff. 6-17-21; revised 7-15-21.)

3 Section 12. The Community Development Loan Guarantee Act

4 is amended by changing Section 30-1 as follows:

5 (15 ILCS 516/30-1)

6 Sec. 30-1. Short title. This Article ~~Act~~ may be cited as

7 the Community Development Loan Guarantee Act. References in

8 this Article to "this Act" mean this Article.

9 (Source: P.A. 101-657, eff. 3-23-21; revised 7-16-21.)

10 Section 15. The Department of State Police Law of the

11 Civil Administrative Code of Illinois is amended by changing

12 Section 2605-53 as follows:

13 (20 ILCS 2605/2605-53)

14 Sec. 2605-53. 9-1-1 system; sexual assault and sexual

15 abuse.

16 (a) The Office of the Statewide 9-1-1 Administrator, in

17 consultation with the Office of the Attorney General and the

18 Illinois Law Enforcement Training Standards Board, shall:

19 (1) develop comprehensive guidelines for

20 evidence-based, trauma-informed, victim-centered handling

21 of sexual assault or sexual abuse calls by Public Safety

22 Answering Point telecommunicators; and

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1 (2) adopt rules and minimum standards for an

2 evidence-based, trauma-informed, victim-centered training

3 curriculum for handling of sexual assault or sexual abuse

4 calls for Public Safety Answering Point telecommunicators

5 ("PSAP").

6 (a-5) Within one year after June 3, 2021 (the effective

7 date of Public Act 102-9) ~~this amendatory Act of the 102nd~~

8 ~~General Assembly~~, the Office of the Statewide 9-1-1

9 Administrator, in consultation with the Statewide 9-1-1

10 Advisory Board, shall:

11 (1) develop comprehensive guidelines for training on

12 emergency dispatch procedures, including, but not limited

13 to, emergency medical dispatch, and the delivery of 9-1-1

14 services and professionalism for public safety

15 telecommunicators and public safety telecommunicator

16 supervisors; and

17 (2) adopt rules and minimum standards for continuing

18 education on emergency dispatch procedures, including, but

19 not limited to, emergency medical dispatch, and the

20 delivery of 9-1-1 services and professionalism for public

21 safety telecommunicators and public safety

22 telecommunicator Supervisors. ~~; and~~

23 (a-10) The Office of the Statewide 9-1-1 Administrator may

24 as necessary establish by rule appropriate testing and

25 certification processes consistent with the training required

26 by this Section.

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1 (b) Training requirements:

2 (1) Newly hired PSAP telecommunicators must complete

3 the sexual assault and sexual abuse training curriculum

4 established in subsection (a) of this Section prior to

5 handling emergency calls.

6 (2) All existing PSAP telecommunicators shall complete

7 the sexual assault and sexual abuse training curriculum

8 established in subsection (a) of this Section within 2

9 years of January 1, 2017 (the effective date of Public Act

10 99-801) ~~this amendatory Act of the 99th General Assembly~~.

11 (3) Newly hired public safety telecommunicators shall

12 complete the emergency dispatch procedures training

13 curriculum established in subsection (a-5) of this Section

14 prior to independently handling emergency calls within one

15 year of the Statewide 9-1-1 Administrator establishing the

16 required guidelines, rules, and standards.

17 (4) All public safety telecommunicators and public

18 safety telecommunicator supervisors who were not required

19 to complete new hire training prior to handling emergency

20 calls, must either demonstrate proficiency or complete the

21 training established in subsection (a-5) of this Section

22 within one year of the Statewide 9-1-1 Administrator

23 establishing the required guidelines, rules, and

24 standards.

25 (5) Upon completion of the training required in either

26 paragraph (3) or (4) of this subsection (b), whichever is

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1 applicable, all public safety telecommunicators and public

2 safety telecommunicator supervisors shall complete the

3 continuing education training regarding the delivery of

4 9-1-1 services and professionalism biennially.

5 (c) The Illinois State Police may adopt rules for the

6 administration of this Section.

7 (Source: P.A. 102-9, eff. 6-3-21; revised 7-16-21.)

8 Section 20. The State Police Act is amended by changing

9 Section 17c as follows:

10 (20 ILCS 2610/17c)

11 Sec. 17c. Military equipment surplus program.

12 (a) For purposes of this Section:

13 "Bayonet" means a large knife designed to be attached to

14 the muzzle of a rifle, shotgun, or long gun for the purpose of

15 hand-to-hand combat.

16 "Grenade launcher" means a firearm or firearm accessory

17 used to launch fragmentary explosive rounds designed to

18 inflict death or cause great bodily harm.

19 "Military equipment surplus program" means any federal or

20 State program allowing a law enforcement agency to obtain

21 surplus military equipment, including, but not limited ~~limit~~

22 to, any program organized under Section 1122 of the National

23 Defense Authorization Act for Fiscal Year 1994 (Pub. L.

24 103-160) or Section 1033 of the National Defense Authorization

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1 Act for Fiscal Year 1997 (Pub. L. 104-201), or any program

2 established under 10 U.S.C. 2576a.

3 "Tracked armored vehicle" means a vehicle that provides

4 ballistic protection to its occupants and utilizes a tracked

5 system instead of wheels for forward motion, not including

6 vehicles listed in the Authorized Equipment List as published

7 by the Federal Emergency Management Agency.

8 "Weaponized aircraft, vessel, or vehicle" means any

9 aircraft, vessel, or vehicle with weapons installed.

10 (b) The Illinois State Police shall not request or receive

11 from any military equipment surplus program nor purchase or

12 otherwise utilize the following equipment:

13 (1) tracked armored vehicles;

14 (2) weaponized aircraft, vessels, or vehicles;

15 (3) firearms of .50-caliber or higher;

16 (4) ammunition of .50-caliber or higher;

17 (5) grenade launchers; or

18 (6) bayonets.

19 (c) If the Illinois State Police request other property

20 not prohibited by this Section from a military equipment

21 surplus program, the Illinois State Police shall publish

22 notice of the request on a publicly accessible website

23 maintained by the Illinois State Police within 14 days after

24 the request.

25 (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;

26 revised 7-30-21.)

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1 Section 25. The Illinois Future of Work Act is amended by

2 changing Section 15 as follows:

3 (20 ILCS 4103/15)

4 (Section scheduled to be repealed on January 1, 2024)

5 Sec. 15. Membership; meetings.

6 (a) The members of the Illinois Future of Work Task Force

7 shall include and represent the diversity of the people of

8 Illinois, and shall be composed of the following:

9 (1) four members, including one representative of the

10 business community and one representative of the labor

11 community, appointed by the Senate President, one of whom

12 shall serve as co-chair;

13 (2) four members, including one representative of the

14 business community and one representative of the labor

15 community, appointed by the Minority Leader of the Senate,

16 one of whom shall serve as co-chair;

17 (3) four members, including one representative of the

18 business community and one representative of the labor

19 community, appointed by the Speaker of the House of

20 Representatives, one of whom shall serve as co-chair;

21 (4) four members, including one representative of the

22 business community and one representative of the labor

23 community, appointed by the Minority Leader ~~of the Speaker~~

24 of the House of Representatives, one of whom shall serve

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1 as co-chair;

2 (5) four members, one from each of the following: the

3 business community, the labor community, the environmental

4 community, and the education community that advocate for

5 job growth, appointed by the Governor;

6 (6) three members appointed by the Governor whose

7 professional expertise is at the juncture of work and

8 workers' rights;

9 (7) the Director of Labor or his or her designee;

10 (8) the Director of Commerce and Economic Opportunity

11 or his or her designee;

12 (9) the Director of Employment Security or his or her

13 designee;

14 (10) the Superintendent of the State Board of

15 Education or his or her designee;

16 (11) the Executive Director of the Illinois Community

17 College Board or his or her designee; and

18 (12) the Executive Director of the Board of Higher

19 Education or his or her designee.

20 (b) Appointments for the Illinois Future of Work Task

21 Force must be finalized by August 31, 2021. The Illinois

22 Future of Work Task Force shall hold one meeting per month for

23 a total of 7 meetings, and the first meeting must be held

24 within 30 days after appointments are finalized.

25 (c) Members of the Illinois Future of Work Task Force

26 shall serve without compensation.

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1 (d) The Department of Commerce and Economic Opportunity

2 shall provide administrative support to the Task Force.

3 (Source: P.A. 102-407, eff. 8-19-21; revised 8-25-21.)

4 Section 27. The Racial Impact Note Act is amended by

5 changing Section 110-5 as follows:

6 (25 ILCS 83/110-5)

7 Sec. 110-5. Racial impact note. ~~(a)~~ Every bill which has

8 or could have a disparate impact on racial and ethnic

9 minorities, upon the request of any member, shall have

10 prepared for it, before second reading in the house of

11 introduction, a brief explanatory statement or note that shall

12 include a reliable estimate of the anticipated impact on those

13 racial and ethnic minorities likely to be impacted by the

14 bill. Each racial impact note must include, for racial and

15 ethnic minorities for which data are available: (i) an

16 estimate of how the proposed legislation would impact racial

17 and ethnic minorities; (ii) a statement of the methodologies

18 and assumptions used in preparing the estimate; (iii) an

19 estimate of the racial and ethnic composition of the

20 population who may be impacted by the proposed legislation,

21 including those persons who may be negatively impacted and

22 those persons who may benefit from the proposed legislation;

23 and (iv) any other matter that a responding agency considers

24 appropriate in relation to the racial and ethnic minorities

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1 likely to be affected by the bill.

2 (Source: P.A. 102-4, eff. 4-27-21; revised 7-16-21.)

3 Section 30. The State Finance Act is amended by changing

4 Section 8.25-4 as follows:

5 (30 ILCS 105/8.25-4) (from Ch. 127, par. 144.25-4)

6 Sec. 8.25-4. All moneys in the Illinois Sports Facilities

7 Fund are allocated to and shall be transferred, appropriated,

8 and used only for the purposes authorized by, and subject to,

9 the limitations and conditions of this Section.

10 All moneys deposited pursuant to Section 13.1 of the State

11 Revenue Sharing Act ~~"An Act in relation to State revenue~~

12 ~~sharing with local governmental entities", as amended,~~and all

13 moneys deposited with respect to the $5,000,000 deposit, but

14 not the additional $8,000,000 advance applicable before July

15 1, 2001, or the Advance Amount applicable on and after that

16 date, pursuant to Section 6 ofthe ~~"The~~Hotel Operators'

17 Occupation Tax Act~~", as amended~~, into the Illinois Sports

18 Facilities Fund shall be credited to the Subsidy Account

19 within the Fund. All moneys deposited with respect to the

20 additional $8,000,000 advance applicable before July 1, 2001,

21 or the Advance Amount applicable on and after that date, but

22 not the $5,000,000 deposit, pursuant to Section 6 of the ~~"The~~

23 Hotel Operators' Occupation Tax Act~~", as amended~~, into the

24 Illinois Sports Facilities Fund shall be credited to the

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1 Advance Account within the Fund. All moneys deposited from any

2 transfer pursuant to Section 8g-1 of the State Finance Act

3 shall be credited to the Advance Account within the Fund.

4 Beginning with fiscal year 1989 and continuing for each

5 fiscal year thereafter through and including fiscal year 2001,

6 no less than 30 days before the beginning of such fiscal year

7 (except as soon as may be practicable after July 7, 1988 (the

8 effective date of Public Act 85-1034) ~~this amendatory Act of~~

9 ~~1988~~with respect to fiscal year 1989) the Chairman of the

10 Illinois Sports Facilities Authority shall certify to the

11 State Comptroller and the State Treasurer, without taking into

12 account any revenues or receipts of the Authority, the lesser

13 of (a) $18,000,000 and (b) the sum of (i) the amount

14 anticipated to be required by the Authority during the fiscal

15 year to pay principal of and interest on, and other payments

16 relating to, its obligations issued or to be issued under

17 Section 13 of the Illinois Sports Facilities Authority Act,

18 including any deposits required to reserve funds created under

19 any indenture or resolution authorizing issuance of the

20 obligations and payments to providers of credit enhancement,

21 (ii) the amount anticipated to be required by the Authority

22 during the fiscal year to pay obligations under the provisions

23 of any management agreement with respect to a facility or

24 facilities owned by the Authority or of any assistance

25 agreement with respect to any facility for which financial

26 assistance is provided under the Illinois Sports Facilities

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1 Authority Act, and to pay other capital and operating expenses

2 of the Authority during the fiscal year, including any

3 deposits required to reserve funds created for repair and

4 replacement of capital assets and to meet the obligations of

5 the Authority under any management agreement or assistance

6 agreement, and (iii) any amounts under (i) and (ii) above

7 remaining unpaid from previous years.

8 Beginning with fiscal year 2002 and continuing for each

9 fiscal year thereafter, no less than 30 days before the

10 beginning of such fiscal year, the Chairman of the Illinois

11 Sports Facilities Authority shall certify to the State

12 Comptroller and the State Treasurer, without taking into

13 account any revenues or receipts of the Authority, the lesser

14 of (a) an amount equal to the sum of the Advance Amount plus

15 $10,000,000 and (b) the sum of (i) the amount anticipated to be

16 required by the Authority during the fiscal year to pay

17 principal of and interest on, and other payments relating to,

18 its obligations issued or to be issued under Section 13 of the

19 Illinois Sports Facilities Authority Act, including any

20 deposits required to reserve funds created under any indenture

21 or resolution authorizing issuance of the obligations and

22 payments to providers of credit enhancement, (ii) the amount

23 anticipated to be required by the Authority during the fiscal

24 year to pay obligations under the provisions of any management

25 agreement with respect to a facility or facilities owned by

26 the Authority or any assistance agreement with respect to any

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1 facility for which financial assistance is provided under the

2 Illinois Sports Facilities Authority Act, and to pay other

3 capital and operating expenses of the Authority during the

4 fiscal year, including any deposits required to reserve funds

5 created for repair and replacement of capital assets and to

6 meet the obligations of the Authority under any management

7 agreement or assistance agreement, and (iii) any amounts under

8 (i) and (ii) above remaining unpaid from previous years.

9 A copy of any certification made by the Chairman under the

10 preceding 2 paragraphs shall be filed with the Governor and

11 the Mayor of the City of Chicago. The Chairman may file an

12 amended certification from time to time.

13 Subject to sufficient appropriation by the General

14 Assembly, beginning with July 1, 1988 and thereafter

15 continuing on the first day of each month during each fiscal

16 year through and including fiscal year 2001, the Comptroller

17 shall order paid and the Treasurer shall pay to the Authority

18 the amount in the Illinois Sports Facilities Fund until (x)

19 the lesser of $10,000,000 or the amount appropriated for

20 payment to the Authority from amounts credited to the Subsidy

21 Account and (y) the lesser of $8,000,000 or the difference

22 between the amount appropriated for payment to the Authority

23 during the fiscal year and $10,000,000 has been paid from

24 amounts credited to the Advance Account.

25 Subject to sufficient appropriation by the General

26 Assembly, beginning with July 1, 2001, and thereafter

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1 continuing on the first day of each month during each fiscal

2 year thereafter, the Comptroller shall order paid and the

3 Treasurer shall pay to the Authority the amount in the

4 Illinois Sports Facilities Fund until (x) the lesser of

5 $10,000,000 or the amount appropriated for payment to the

6 Authority from amounts credited to the Subsidy Account and (y)

7 the lesser of the Advance Amount or the difference between the

8 amount appropriated for payment to the Authority during the

9 fiscal year and $10,000,000 has been paid from amounts

10 credited to the Advance Account.

11 Provided that all amounts deposited in the Illinois Sports

12 Facilities Fund and credited to the Subsidy Account, to the

13 extent requested pursuant to the Chairman's certification,

14 have been paid, on June 30, 1989, and on June 30 of each year

15 thereafter, all amounts remaining in the Subsidy Account of

16 the Illinois Sports Facilities Fund shall be transferred by

17 the State Treasurer one-half to the General Revenue Fund in

18 the State Treasury and one-half to the City Tax Fund. Provided

19 that all amounts appropriated from the Illinois Sports

20 Facilities Fund, to the extent requested pursuant to the

21 Chairman's certification, have been paid, on June 30, 1989,

22 and on June 30 of each year thereafter, all amounts remaining

23 in the Advance Account of the Illinois Sports Facilities Fund

24 shall be transferred by the State Treasurer to the General

25 Revenue Fund in the State Treasury.

26 For purposes of this Section, the term "Advance Amount"

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1 means, for fiscal year 2002, $22,179,000, and for subsequent

2 fiscal years through fiscal year 2033, 105.615% of the Advance

3 Amount for the immediately preceding fiscal year, rounded up

4 to the nearest $1,000.

5 (Source: P.A. 102-16, Article 2, Section 2-5, eff. 6-17-21;

6 102-16, Article 6, Section 6-5, eff. 6-17-21; revised

7 7-17-21.)

8 Section 35. The Illinois Procurement Code is amended by

9 changing Sections 35-30 and 50-85 as follows:

10 (30 ILCS 500/35-30)

11 (Text of Section before amendment by P.A. 101-657, Article

12 40, Section 40-125)

13 Sec. 35-30. Awards.

14 (a) All State contracts for professional and artistic

15 services, except as provided in this Section, shall be awarded

16 using the competitive request for proposal process outlined in

17 this Section. The scoring for requests for proposals shall

18 include the commitment to diversity factors and methodology

19 described in subsection (e-5) of Section 20-15.

20 (b) For each contract offered, the chief procurement

21 officer, State purchasing officer, or his or her designee

22 shall use the appropriate standard solicitation forms

23 available from the chief procurement officer for matters other

24 than construction or the higher education chief procurement

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1 officer.

2 (c) Prepared forms shall be submitted to the chief

3 procurement officer for matters other than construction or the

4 higher education chief procurement officer, whichever is

5 appropriate, for publication in its Illinois Procurement

6 Bulletin and circulation to the chief procurement officer for

7 matters other than construction or the higher education chief

8 procurement officer's list of prequalified vendors. Notice of

9 the offer or request for proposal shall appear at least 14

10 calendar days before the response to the offer is due.

11 (d) All interested respondents shall return their

12 responses to the chief procurement officer for matters other

13 than construction or the higher education chief procurement

14 officer, whichever is appropriate, which shall open and record

15 them. The chief procurement officer for matters other than

16 construction or higher education chief procurement officer

17 then shall forward the responses, together with any

18 information it has available about the qualifications and

19 other State work of the respondents.

20 (e) After evaluation, ranking, and selection, the

21 responsible chief procurement officer, State purchasing

22 officer, or his or her designee shall notify the chief

23 procurement officer for matters other than construction or the

24 higher education chief procurement officer, whichever is

25 appropriate, of the successful respondent and shall forward a

26 copy of the signed contract for the chief procurement officer

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1 for matters other than construction or higher education chief

2 procurement officer's file. The chief procurement officer for

3 matters other than construction or higher education chief

4 procurement officer shall publish the names of the responsible

5 procurement decision-maker, the agency letting the contract,

6 the successful respondent, a contract reference, and value of

7 the let contract in the next appropriate volume of the

8 Illinois Procurement Bulletin.

9 (f) For all professional and artistic contracts with

10 annualized value that exceeds $100,000, evaluation and ranking

11 by price are required. Any chief procurement officer or State

12 purchasing officer, but not their designees, may select a

13 respondent other than the lowest respondent by price. In any

14 case, when the contract exceeds the $100,000 threshold and the

15 lowest respondent is not selected, the chief procurement

16 officer or the State purchasing officer shall forward together

17 with the contract notice of who the low respondent by price was

18 and a written decision as to why another was selected to the

19 chief procurement officer for matters other than construction

20 or the higher education chief procurement officer, whichever

21 is appropriate. The chief procurement officer for matters

22 other than construction or higher education chief procurement

23 officer shall publish as provided in subsection (e) of Section

24 35-30, but shall include notice of the chief procurement

25 officer's or State purchasing officer's written decision.

26 (g) The chief procurement officer for matters other than

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1 construction and higher education chief procurement officer

2 may each refine, but not contradict, this Section by

3 promulgating rules for submission to the Procurement Policy

4 Board and then to the Joint Committee on Administrative Rules.

5 Any refinement shall be based on the principles and procedures

6 of the federal Architect-Engineer Selection Law, Public Law

7 92-582 Brooks Act, and the Architectural, Engineering, and

8 Land Surveying Qualifications Based Selection Act; except that

9 pricing shall be an integral part of the selection process.

10 (Source: P.A. 100-43, eff. 8-9-17; 101-657, Article 5, Section

11 5-5, eff. 7-1-21 (See Section 25 of P.A. 102-29 for effective

12 date of P.A. 101-657, Article 5, Section 5-5).)

13 (Text of Section after amendment by P.A. 101-657, Article

14 40, Section 40-125)

15 Sec. 35-30. Awards.

16 (a) All State contracts for professional and artistic

17 services, except as provided in this Section, shall be awarded

18 using the competitive request for proposal process outlined in

19 this Section. The scoring for requests for proposals shall

20 include the commitment to diversity factors and methodology

21 described in subsection (e-5) of Section 20-15.

22 (b) For each contract offered, the chief procurement

23 officer, State purchasing officer, or his or her designee

24 shall use the appropriate standard solicitation forms

25 available from the chief procurement officer for matters other

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1 than construction or the higher education chief procurement

2 officer.

3 (c) Prepared forms shall be submitted to the chief

4 procurement officer for matters other than construction or the

5 higher education chief procurement officer, whichever is

6 appropriate, for publication in its Illinois Procurement

7 Bulletin and circulation to the chief procurement officer for

8 matters other than construction or the higher education chief

9 procurement officer's list of prequalified vendors. Notice of

10 the offer or request for proposal shall appear at least 14

11 calendar days before the response to the offer is due.

12 (d) All interested respondents shall return their

13 responses to the chief procurement officer for matters other

14 than construction or the higher education chief procurement

15 officer, whichever is appropriate, which shall open and record

16 them. The chief procurement officer for matters other than

17 construction or higher education chief procurement officer

18 then shall forward the responses, together with any

19 information it has available about the qualifications and

20 other State work of the respondents.

21 (e) After evaluation, ranking, and selection, the

22 responsible chief procurement officer, State purchasing

23 officer, or his or her designee shall notify the chief

24 procurement officer for matters other than construction or the

25 higher education chief procurement officer, whichever is

26 appropriate, of the successful respondent and shall forward a

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1 copy of the signed contract for the chief procurement officer

2 for matters other than construction or higher education chief

3 procurement officer's file. The chief procurement officer for

4 matters other than construction or higher education chief

5 procurement officer shall publish the names of the responsible

6 procurement decision-maker, the agency letting the contract,

7 the successful respondent, a contract reference, and value of

8 the let contract in the next appropriate volume of the

9 Illinois Procurement Bulletin.

10 (f) For all professional and artistic contracts with

11 annualized value that exceeds $100,000, evaluation and ranking

12 by price are required. Any chief procurement officer or State

13 purchasing officer, but not their designees, may select a

14 respondent other than the lowest respondent by price. In any

15 case, when the contract exceeds the $100,000 threshold and the

16 lowest respondent is not selected, the chief procurement

17 officer or the State purchasing officer shall forward together

18 with the contract notice of who the low respondent by price was

19 and a written decision as to why another was selected to the

20 chief procurement officer for matters other than construction

21 or the higher education chief procurement officer, whichever

22 is appropriate. The chief procurement officer for matters

23 other than construction or higher education chief procurement

24 officer shall publish as provided in subsection (e) of Section

25 35-30, but shall include notice of the chief procurement

26 officer's or State purchasing officer's written decision.

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1 (g) The chief procurement officer for matters other than

2 construction and higher education chief procurement officer

3 may each refine, but not contradict, this Section by

4 promulgating rules for submission to the Procurement Policy

5 Board and the Commission on Equity and Inclusion and then to

6 the Joint Committee on Administrative Rules. Any refinement

7 shall be based on the principles and procedures of the federal

8 Architect-Engineer Selection Law, Public Law 92-582 Brooks

9 Act, and the Architectural, Engineering, and Land Surveying

10 Qualifications Based Selection Act; except that pricing shall

11 be an integral part of the selection process.

12 (Source: P.A. 100-43, eff. 8-9-17; 101-657, Article 5, Section

13 5-5, eff. 7-1-21 (See Section 25 of P.A. 102-29 for effective

14 date of P.A. 101-657, Article 5, Section 5-5); 101-657,

15 Article 40, Section 40-125, eff. 1-1-22; revised 7-13-21.)

16 (30 ILCS 500/50-85)

17 Sec. 50-85. Diversity training. ~~(a)~~ Each chief procurement

18 officer, State purchasing officer, procurement compliance

19 monitor, applicable support staff of each chief procurement

20 officer, State agency purchasing and contracting staff, those

21 identified under subsection (c) of Section 5-45 of the State

22 Officials and Employees Ethics Act who have the authority to

23 participate personally and substantially in the award of State

24 contracts, and any other State agency staff with substantial

25 procurement and contracting responsibilities as determined by

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1 the chief procurement officer, in consultation with the State

2 agency, shall complete annual training for diversity and

3 inclusion. Each chief procurement officer shall prescribe the

4 program of diversity and inclusion training appropriate for

5 each chief procurement officer's jurisdiction.

6 (Source: P.A. 101-657, eff. 7-1-21 (See Section 25 of P.A.

7 102-29 for effective date of P.A. 101-657, Article 5, Section

8 5-5); revised 7-23-21.)

9 Section 40. The Commission on Equity and Inclusion Act is

10 amended by changing Section 40-1 as follows:

11 (30 ILCS 574/40-1)

12 (This Section may contain text from a Public Act with a

13 delayed effective date)

14 Sec. 40-1. Short title. This Article ~~Act~~ may be cited as

15 the Commission on Equity and Inclusion Act. References in this

16 Article to "this Act" mean this Article.

17 (Source: P.A. 101-657, eff. 1-1-22; revised 7-16-21.)

18 Section 45. The Illinois Income Tax Act is amended by

19 changing Sections 211 and 905 as follows:

20 (35 ILCS 5/211)

21 Sec. 211. Economic Development for a Growing Economy Tax

22 Credit. For tax years beginning on or after January 1, 1999, a

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1 Taxpayer who has entered into an Agreement (including a New

2 Construction EDGE Agreement) under the Economic Development

3 for a Growing Economy Tax Credit Act is entitled to a credit

4 against the taxes imposed under subsections (a) and (b) of

5 Section 201 of this Act in an amount to be determined in the

6 Agreement. If the Taxpayer is a partnership or Subchapter S

7 corporation, the credit shall be allowed to the partners or

8 shareholders in accordance with the determination of income

9 and distributive share of income under Sections 702 and 704

10 and subchapter S of the Internal Revenue Code. The Department,

11 in cooperation with the Department of Commerce and Economic

12 Opportunity, shall prescribe rules to enforce and administer

13 the provisions of this Section. This Section is exempt from

14 the provisions of Section 250 of this Act.

15 The credit shall be subject to the conditions set forth in

16 the Agreement and the following limitations:

17 (1) The tax credit shall not exceed the Incremental

18 Income Tax (as defined in Section 5-5 of the Economic

19 Development for a Growing Economy Tax Credit Act) with

20 respect to the project; additionally, the New Construction

21 EDGE Credit shall not exceed the New Construction EDGE

22 Incremental Income Tax (as defined in Section 5-5 of the

23 Economic Development for a Growing Economy Tax Credit

24 Act).

25 (2) The amount of the credit allowed during the tax

26 year plus the sum of all amounts allowed in prior years

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1 shall not exceed 100% of the aggregate amount expended by

2 the Taxpayer during all prior tax years on approved costs

3 defined by Agreement.

4 (3) The amount of the credit shall be determined on an

5 annual basis. Except as applied in a carryover year

6 pursuant to Section 211(4) of this Act, the credit may not

7 be applied against any State income tax liability in more

8 than 10 taxable years; provided, however, that (i) an

9 eligible business certified by the Department of Commerce

10 and Economic Opportunity under the Corporate Headquarters

11 Relocation Act may not apply the credit against any of its

12 State income tax liability in more than 15 taxable years

13 and (ii) credits allowed to that eligible business are

14 subject to the conditions and requirements set forth in

15 Sections 5-35 and 5-45 of the Economic Development for a

16 Growing Economy Tax Credit Act and Section 5-51 as

17 applicable to New Construction EDGE Credits.

18 (4) The credit may not exceed the amount of taxes

19 imposed pursuant to subsections (a) and (b) of Section 201

20 of this Act. Any credit that is unused in the year the

21 credit is computed may be carried forward and applied to

22 the tax liability of the 5 taxable years following the

23 excess credit year, except as otherwise provided under

24 paragraph (4.5) of this Section. The credit shall be

25 applied to the earliest year for which there is a tax

26 liability. If there are credits from more than one tax

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1 year that are available to offset a liability, the earlier

2 credit shall be applied first.

3 (4.5) The Department of Commerce and Economic

4 Opportunity, in consultation with the Department of

5 Revenue, shall adopt rules to extend the sunset of any

6 earned, existing, or unused credit as provided for in

7 Section 605-1055 of the Department of Commerce and

8 Economic Opportunity Law of the Civil Administrative Code

9 of Illinois.

10 (5) No credit shall be allowed with respect to any

11 Agreement for any taxable year ending after the

12 Noncompliance Date. Upon receiving notification by the

13 Department of Commerce and Economic Opportunity of the

14 noncompliance of a Taxpayer with an Agreement, the

15 Department shall notify the Taxpayer that no credit is

16 allowed with respect to that Agreement for any taxable

17 year ending after the Noncompliance Date, as stated in

18 such notification. If any credit has been allowed with

19 respect to an Agreement for a taxable year ending after

20 the Noncompliance Date for that Agreement, any refund paid

21 to the Taxpayer for that taxable year shall, to the extent

22 of that credit allowed, be an erroneous refund within the

23 meaning of Section 912 of this Act.

24 If, during any taxable year, a taxpayer ceases

25 operations at a project location that is the subject of

26 that Agreement with the intent to terminate operations in

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1 the State, the tax imposed under subsections (a) and (b)

2 of Section 201 of this Act for such taxable year shall be

3 increased by the amount of any credit allowed under the

4 Agreement for that project location prior to the date the

5 taxpayer ceases operations.

6 (6) For purposes of this Section, the terms

7 "Agreement", "Incremental Income Tax", "New Construction

8 EDGE Agreement", "New Construction EDGE Credit", "New

9 Construction EDGE Incremental Income Tax", and

10 "Noncompliance Date" have the same meaning as when used in

11 the Economic Development for a Growing Economy Tax Credit

12 Act.

13 (Source: P.A. 101-9, eff. 6-5-19; 102-16, eff. 6-17-21;

14 102-40, eff. 6-25-21; revised 7-15-21.)

15 (35 ILCS 5/905) (from Ch. 120, par. 9-905)

16 Sec. 905. Limitations on notices of deficiency.

17 (a) In general. Except as otherwise provided in this Act:

18 (1) A notice of deficiency shall be issued not later

19 than 3 years after the date the return was filed, and

20 (2) No deficiency shall be assessed or collected with

21 respect to the year for which the return was filed unless

22 such notice is issued within such period.

23 (a-5) Notwithstanding any other provision of this Act to

24 the contrary, for any taxable year included in a claim for

25 credit or refund for which the statute of limitations for

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1 issuing a notice of deficiency under this Act will expire less

2 than 6 months after the date a taxpayer files the claim for

3 credit or refund, the statute of limitations is automatically

4 extended for 6 months from the date it would have otherwise

5 expired.

6 (b) Substantial omission of items.

7 (1) Omission of more than 25% of income. If the

8 taxpayer omits from base income an amount properly

9 includible therein which is in excess of 25% of the amount

10 of base income stated in the return, a notice of

11 deficiency may be issued not later than 6 years after the

12 return was filed. For purposes of this paragraph, there

13 shall not be taken into account any amount which is

14 omitted in the return if such amount is disclosed in the

15 return, or in a statement attached to the return, in a

16 manner adequate to apprise the Department of the nature

17 and the amount of such item.

18 (2) Reportable transactions. If a taxpayer fails to

19 include on any return or statement for any taxable year

20 any information with respect to a reportable transaction,

21 as required under Section 501(b) of this Act, a notice of

22 deficiency may be issued not later than 6 years after the

23 return is filed with respect to the taxable year in which

24 the taxpayer participated in the reportable transaction

25 and said deficiency is limited to the non-disclosed item.

26 (3) Withholding. If an employer omits from a return

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1 required under Section 704A of this Act for any period

2 beginning on or after January 1, 2013, an amount required

3 to be withheld and to be reported on that return which is

4 in excess of 25% of the total amount of withholding

5 required to be reported on that return, a notice of

6 deficiency may be issued not later than 6 years after the

7 return was filed.

8 (c) No return or fraudulent return. If no return is filed

9 or a false and fraudulent return is filed with intent to evade

10 the tax imposed by this Act, a notice of deficiency may be

11 issued at any time. For purposes of this subsection (c), any

12 taxpayer who is required to join in the filing of a return

13 filed under the provisions of subsection (e) of Section 502 of

14 this Act for a taxable year ending on or after December 31,

15 2013 and who is not included on that return and does not file

16 its own return for that taxable year shall be deemed to have

17 failed to file a return; provided that the amount of any

18 proposed assessment set forth in a notice of deficiency issued

19 under this subsection (c) shall be limited to the amount of any

20 increase in liability under this Act that should have reported

21 on the return required under the provisions of subsection (e)

22 of Section 502 of this Act for that taxable year resulting from

23 proper inclusion of that taxpayer on that return.

24 (d) Failure to report federal change. If a taxpayer fails

25 to notify the Department in any case where notification is

26 required by Section 304(c) or 506(b), or fails to report a

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1 change or correction which is treated in the same manner as if

2 it were a deficiency for federal income tax purposes, a notice

3 of deficiency may be issued (i) at any time or (ii) on or after

4 August 13, 1999, at any time for the taxable year for which the

5 notification is required or for any taxable year to which the

6 taxpayer may carry an Article 2 credit, or a Section 207 loss,

7 earned, incurred, or used in the year for which the

8 notification is required; provided, however, that the amount

9 of any proposed assessment set forth in the notice shall be

10 limited to the amount of any deficiency resulting under this

11 Act from the recomputation of the taxpayer's net income,

12 Article 2 credits, or Section 207 loss earned, incurred, or

13 used in the taxable year for which the notification is

14 required after giving effect to the item or items required to

15 be reported.

16 (e) Report of federal change.

17 (1) Before August 13, 1999, in any case where

18 notification of an alteration is given as required by

19 Section 506(b), a notice of deficiency may be issued at

20 any time within 2 years after the date such notification

21 is given, provided, however, that the amount of any

22 proposed assessment set forth in such notice shall be

23 limited to the amount of any deficiency resulting under

24 this Act from recomputation of the taxpayer's net income,

25 net loss, or Article 2 credits for the taxable year after

26 giving effect to the item or items reflected in the

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1 reported alteration.

2 (2) On and after August 13, 1999, in any case where

3 notification of an alteration is given as required by

4 Section 506(b), a notice of deficiency may be issued at

5 any time within 2 years after the date such notification

6 is given for the taxable year for which the notification

7 is given or for any taxable year to which the taxpayer may

8 carry an Article 2 credit, or a Section 207 loss, earned,

9 incurred, or used in the year for which the notification

10 is given, provided, however, that the amount of any

11 proposed assessment set forth in such notice shall be

12 limited to the amount of any deficiency resulting under

13 this Act from recomputation of the taxpayer's net income,

14 Article 2 credits, or Section 207 loss earned, incurred,

15 or used in the taxable year for which the notification is

16 given after giving effect to the item or items reflected

17 in the reported alteration.

18 (f) Extension by agreement. Where, before the expiration

19 of the time prescribed in this Section for the issuance of a

20 notice of deficiency, both the Department and the taxpayer

21 shall have consented in writing to its issuance after such

22 time, such notice may be issued at any time prior to the

23 expiration of the period agreed upon. In the case of a taxpayer

24 who is a partnership, Subchapter S corporation, or trust and

25 who enters into an agreement with the Department pursuant to

26 this subsection on or after January 1, 2003, a notice of

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1 deficiency may be issued to the partners, shareholders, or

2 beneficiaries of the taxpayer at any time prior to the

3 expiration of the period agreed upon. Any proposed assessment

4 set forth in the notice, however, shall be limited to the

5 amount of any deficiency resulting under this Act from

6 recomputation of items of income, deduction, credits, or other

7 amounts of the taxpayer that are taken into account by the

8 partner, shareholder, or beneficiary in computing its

9 liability under this Act. The period so agreed upon may be

10 extended by subsequent agreements in writing made before the

11 expiration of the period previously agreed upon.

12 (g) Erroneous refunds. In any case in which there has been

13 an erroneous refund of tax payable under this Act, a notice of

14 deficiency may be issued at any time within 2 years from the

15 making of such refund, or within 5 years from the making of

16 such refund if it appears that any part of the refund was

17 induced by fraud or the misrepresentation of a material fact,

18 provided, however, that the amount of any proposed assessment

19 set forth in such notice shall be limited to the amount of such

20 erroneous refund.

21 Beginning July 1, 1993, in any case in which there has been

22 a refund of tax payable under this Act attributable to a net

23 loss carryback as provided for in Section 207, and that refund

24 is subsequently determined to be an erroneous refund due to a

25 reduction in the amount of the net loss which was originally

26 carried back, a notice of deficiency for the erroneous refund

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1 amount may be issued at any time during the same time period in

2 which a notice of deficiency can be issued on the loss year

3 creating the carryback amount and subsequent erroneous refund.

4 The amount of any proposed assessment set forth in the notice

5 shall be limited to the amount of such erroneous refund.

6 (h) Time return deemed filed. For purposes of this Section

7 a tax return filed before the last day prescribed by law

8 (including any extension thereof) shall be deemed to have been

9 filed on such last day.

10 (i) Request for prompt determination of liability. For

11 purposes of subsection (a)(1), in the case of a tax return

12 required under this Act in respect of a decedent, or by his

13 estate during the period of administration, or by a

14 corporation, the period referred to in such Subsection shall

15 be 18 months after a written request for prompt determination

16 of liability is filed with the Department (at such time and in

17 such form and manner as the Department shall by regulations

18 prescribe) by the executor, administrator, or other fiduciary

19 representing the estate of such decedent, or by such

20 corporation, but not more than 3 years after the date the

21 return was filed. This subsection shall not apply in the case

22 of a corporation unless:

23 (1) (A) such written request notifies the Department

24 that the corporation contemplates dissolution at or before

25 the expiration of such 18-month period, (B) the

26 dissolution is begun in good faith before the expiration

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1 of such 18-month period, and (C) the dissolution is

2 completed;

3 (2) (A) such written request notifies the Department

4 that a dissolution has in good faith been begun, and (B)

5 the dissolution is completed; or

6 (3) a dissolution has been completed at the time such

7 written request is made.

8 (j) Withholding tax. In the case of returns required under

9 Article 7 of this Act (with respect to any amounts withheld as

10 tax or any amounts required to have been withheld as tax) a

11 notice of deficiency shall be issued not later than 3 years

12 after the 15th day of the 4th month following the close of the

13 calendar year in which such withholding was required.

14 (k) Penalties for failure to make information reports. A

15 notice of deficiency for the penalties provided by Subsection

16 1405.1(c) of this Act may not be issued more than 3 years after

17 the due date of the reports with respect to which the penalties

18 are asserted.

19 (l) Penalty for failure to file withholding returns. A

20 notice of deficiency for penalties provided by Section 1004 of

21 this Act for thetaxpayer's failure to file withholding

22 returns may not be issued more than three years after the 15th

23 day of the 4th month following the close of the calendar year

24 in which the withholding giving rise tothe taxpayer's

25 obligation to file those returns occurred.

26 (m) Transferee liability. A notice of deficiency may be

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1 issued to a transferee relative to a liability asserted under

2 Section 1405 during time periods defined as follows:

3 (1) ~~1)~~ Initial Transferee. In the case of the

4 liability of an initial transferee, up to 2 years after

5 the expiration of the period of limitation for assessment

6 against the transferor, except that if a court proceeding

7 for review of the assessment against the transferor has

8 begun, then up to 2 years after the return of the certified

9 copy of the judgment in the court proceeding.

10 (2) ~~2)~~ Transferee of Transferee. In the case of the

11 liability of a transferee, up to 2 years after the

12 expiration of the period of limitation for assessment

13 against the preceding transferee, but not more than 3

14 years after the expiration of the period of limitation for

15 assessment against the initial transferor; except that if,

16 before the expiration of the period of limitation for the

17 assessment of the liability of the transferee, a court

18 proceeding for the collection of the tax or liability in

19 respect thereof has been begun against the initial

20 transferor or the last preceding transferee, as the case

21 may be, then the period of limitation for assessment of

22 the liability of the transferee shall expire 2 years after

23 the return of the certified copy of the judgment in the

24 court proceeding.

25 (n) Notice of decrease in net loss. On and after August 23,

26 2002, no notice of deficiency shall be issued as the result of

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1 a decrease determined by the Department in the net loss

2 incurred by a taxpayer in any taxable year ending prior to

3 December 31, 2002 under Section 207 of this Act unless the

4 Department has notified the taxpayer of the proposed decrease

5 within 3 years after the return reporting the loss was filed or

6 within one year after an amended return reporting an increase

7 in the loss was filed, provided that in the case of an amended

8 return, a decrease proposed by the Department more than 3

9 years after the original return was filed may not exceed the

10 increase claimed by the taxpayer on the original return.

11 (Source: P.A. 102-40, eff. 6-25-21; revised 8-3-21.)

12 Section 50. The Local Government Revenue Recapture Act is

13 amended by changing Sections 5-20 and 10-30 as follows:

14 (50 ILCS 355/5-20)

15 Sec. 5-20. Retention, collection, disclosure, and

16 destruction of financial information.

17 (a) A third party in possession of a taxpayer's financial

18 information must permanently destroy that financial

19 information pursuant to this Act. The financial information

20 shall be destroyed upon the soonest of the following to occur:

21 (1) if the taxpayer is not referred to the Department,

22 within 30 days after receipt of the taxpayer's financial

23 information from either the municipality or county, unless

24 the third party is monitoring disbursements from the

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1 Department on an ongoing basis for a municipality or

2 county, in which case~~,~~ the financial information shall be

3 destroyed no later than 3 years after receipt; or

4 (2) within 30 days after the Department receives a

5 taxpayer audit referral from a third party referring the

6 taxpayer to the Department for additional review.

7 (b) No third party in possession of financial information

8 may sell, lease, trade, market, or otherwise utilize or profit

9 from a taxpayer's financial information. The municipality or

10 county may, however, negotiate a fee with the third party. The

11 fee may be in the form of a contingency fee for a percentage of

12 the amount of additional distributions the municipality or

13 county receives for no more than 3 years following the first

14 disbursement to the municipality or county as a result of the

15 services of the third party under this Act.

16 (c) No third party may permanently or temporarily collect,

17 capture, purchase, use, receive through trade, or otherwise

18 retain a taxpayer's financial information beyond the scope of

19 subsection (a) of this Section.

20 (d) No third party in possession of confidential

21 information may disclose, redisclose, share, or otherwise

22 disseminate a taxpayer's financial information.

23 (e) A third party must dispose of the materials containing

24 financial information in a manner that renders the financial

25 information unreadable, unusable, and undecipherable. Proper

26 disposal methods include, but are not limited to, the

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1 following:

2 (1) in the case of paper documents, burning,

3 pulverizing, or shredding so that the information cannot

4 practicably be read or reconstructed; and

5 (2) in the case of electronic media and other

6 non-paper media containing information, destroying or

7 erasing so that information cannot practicably be read,

8 reconstructed, or otherwise utilized by the third party or

9 others.

10 (Source: P.A. 101-628, eff. 6-1-20; 102-40, eff. 6-25-21;

11 revised 8-3-21.)

12 (50 ILCS 355/10-30)

13 Sec. 10-30. Local government revenue recapture audit

14 referral.

15 (a) A third party shall not refer a taxpayer to the

16 Department for audit consideration unless the third party is

17 registered with the Department pursuant to Section 5-35.

18 (b) If, based on a review of the financial information

19 provided by the Department to a municipality or county, or

20 provided by a municipality or county to a registered third

21 party, the municipality or county discovers that a taxpayer

22 may have underpaid local retailers' or service occupation

23 taxes, then it may refer the matter to the Department for audit

24 consideration. The tax compliance referral may be made only by

25 the municipality, county, or third party and shall be made in

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1 the form and manner required by the Department, including any

2 requirement that the referral be submitted electronically. The

3 tax compliance referral shall, at a minimum, include proof of

4 registration as a third party, a copy of a contract between the

5 third party and the county or municipality, the taxpayer's

6 name, Department account identification number, mailing

7 address, and business location, and the specific reason for

8 the tax compliance referral, including as much detail as

9 possible.

10 (c) The Department shall complete its evaluation of all

11 audit referrals under this Act within 90 days after receipt of

12 the referral and shall handle all audit referrals as follows:

13 (1) the Department shall evaluate the referral to

14 determine whether it is sufficient to warrant further

15 action based on the information provided in the referral,

16 any other information the Department possesses, and audit

17 selection procedures of the Department;

18 (2) if the Department determines that the referral is

19 not actionable, then the Department shall notify the local

20 government that it has evaluated the referral and has

21 determined that no action is deemed necessary and provide

22 the local government with an explanation for that

23 decision, including, but not limited to, an explanation

24 that (i) the Department has previously conducted an audit;

25 (ii) the Department is in the process of conducting an

26 investigation or other examination of the taxpayer's

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1 records; (iii) the taxpayer has already been referred to

2 the Department and the Department determined an audit

3 referral is not actionable; (iv) the Department or a

4 qualified practitioner has previously conducted an audit

5 after referral under this Section 10-30; or (v) for just

6 cause;

7 (3) if the Department determines that the referral is

8 actionable, then it shall determine whether the taxpayer

9 is currently under audit or scheduled for audit by the

10 Department;

11 (A) if the taxpayer is not currently under audit

12 by the Department or scheduled for audit by the

13 Department, the Department shall determine whether it

14 will schedule the taxpayer for audit; and

15 (B) if the taxpayer is not under audit by the

16 Department and the Department decides under

17 subparagraph (A) not to schedule the taxpayer for

18 audit by the Department, then the Department shall

19 notify the taxpayer that the Department has received

20 an actionable audit referral on the taxpayer and issue

21 a notice to the taxpayer as provided under subsection

22 (d) of this Section.

23 (d) The notice to the taxpayer required by subparagraph

24 (B) of paragraph (3) of subsection (c) shall include, but not

25 be limited to, the following:

26 (1) that the taxpayer must either: (A) engage a

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1 qualified practitioner, at the taxpayer's expense, to

2 complete a certified audit, limited in scope to the

3 taxpayer's Retailers' Occupation Tax, Use Tax, Service

4 Occupation Tax, or Service Use Tax liability, and the

5 taxpayer's liability for any local retailers' or service

6 occupation tax administered by the Department; or (B) be

7 subject to audit by the Department;

8 (2) that, as an incentive, for taxpayers who agree to

9 the limited-scope certified audit, the Department shall

10 abate penalties as provided in Section 10-20; and

11 (3) A statement that reads: "[INSERT THE NAME OF THE

12 ELECTED CHIEF EXECUTIVE OF THE CORPORATE AUTHORITY] has

13 contracted with [INSERT THIRD PARTY] to review your

14 Retailers' Occupation Tax, Use Tax, Service Occupation

15 Tax, Service Use Tax, and any local retailers' or service

16 occupation taxes reported to the Illinois Department of

17 Revenue ("Department"). [INSERT THE NAME OF THE ELECTED

18 CHIEF EXECUTIVE OF THE CORPORATE AUTHORITY] and [INSERT

19 THE THIRD PARTY] have selected and referred your business

20 to the Department for a certified audit of your Retailers'

21 Occupation Tax, Use Tax, Service Occupation Tax, Service

22 Use Tax, and any local retailers' or service occupation

23 taxes reported to the Department pursuant to the Local

24 Government Revenue Recapture Act. The purpose of the audit

25 is to verify that your business reported and submitted the

26 proper Retailers' Occupation Tax, Use Tax, Service

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1 Occupation Tax, Service Use Tax, and any local retailers'

2 or service occupation taxes administered by the

3 Department. The Department is required to disclose your

4 confidential financial information to [INSERT THE NAME OF

5 THE ELECTED CHIEF EXECUTIVE OF THE CORPORATE AUTHORITY]

6 and [INSERT THE THIRD PARTY]. Additional information can

7 be accessed from the Department's website and publications

8 for a basic overview of your rights as a Taxpayer. If you

9 have questions regarding your business's referral to the

10 Department for audit, please contact [CORPORATE

11 AUTHORITY'S] mayor, village president, or any other person

12 serving as [CORPORATE AUTHORITY'S] chief executive officer

13 or chief financial officer. [INSERT THIRD PARTY] is

14 prohibited from discussing this matter with you directly

15 or indirectly in any manner regardless of who initiates

16 the contact. If [INSERT THIRD PARTY] contacts you, please

17 contact the Department.".

18 (e) Within 90 days after notice by the Department, the

19 taxpayer must respond by stating in writing whether it will or

20 will not arrange for the performance of a certified audit

21 under this Act. If the taxpayer states that it will arrange for

22 the performance of a certified audit, then it must do so within

23 60 days after responding to the Department or within 90 days

24 after notice by the Department, whichever comes first. If the

25 taxpayer states that it will not arrange for the performance

26 of a certified audit or if the taxpayer does not arrange for

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1 the performance of a certified audit within 180 days after

2 notice by the Department, then the Department may schedule the

3 taxpayer for audit by the Department.

4 (f) The certified audit must not be a contingent-fee

5 engagement and must be completed in accordance with this

6 Article 10.

7 (Source: P.A. 101-628, eff. 6-1-20; 102-40, eff. 6-25-21;

8 revised 8-3-21.)

9 Section 55. The Illinois Police Training Act is amended by

10 changing Section 6 as follows:

11 (50 ILCS 705/6) (from Ch. 85, par. 506)

12 (Text of Section before amendment by P.A. 101-652)

13 Sec. 6. Powers and duties of the Board; selection and

14 certification of schools. The Board shall select and certify

15 schools within the State of Illinois for the purpose of

16 providing basic training for probationary police officers,

17 probationary county corrections officers, and court security

18 officers and of providing advanced or in-service training for

19 permanent police officers or permanent county corrections

20 officers, which schools may be either publicly or privately

21 owned and operated. In addition, the Board has the following

22 power and duties:

23 a. To require local governmental units to furnish such

24 reports and information as the Board deems necessary to

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1 fully implement this Act.

2 b. To establish appropriate mandatory minimum

3 standards relating to the training of probationary local

4 law enforcement officers or probationary county

5 corrections officers, and in-service training of permanent

6 police officers.

7 c. To provide appropriate certification to those

8 probationary officers who successfully complete the

9 prescribed minimum standard basic training course.

10 d. To review and approve annual training curriculum

11 for county sheriffs.

12 e. To review and approve applicants to ensure that no

13 applicant is admitted to a certified academy unless the

14 applicant is a person of good character and has not been

15 convicted of, or entered a plea of guilty to, a felony

16 offense, any of the misdemeanors in Sections 11-1.50,

17 11-6, 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1,

18 17-1, 17-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7

19 of the Criminal Code of 1961 or the Criminal Code of 2012,

20 subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the

21 Criminal Code of 1961 or the Criminal Code of 2012, or

22 subsection (a) of Section 17-32 of the Criminal Code of

23 1961 or the Criminal Code of 2012, or Section 5 or 5.2 of

24 the Cannabis Control Act, or a crime involving moral

25 turpitude under the laws of this State or any other state

26 which if committed in this State would be punishable as a

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1 felony or a crime of moral turpitude. The Board may

2 appoint investigators who shall enforce the duties

3 conferred upon the Board by this Act.

4 (Source: P.A. 101-187, eff. 1-1-20.)

5 (Text of Section after amendment by P.A. 101-652, Article

6 10, Section 10-143 but before amendment by P.A. 101-652,

7 Article 25, Section 25-40)

8 Sec. 6. Powers and duties of the Board; selection and

9 certification of schools. The Board shall select and certify

10 schools within the State of Illinois for the purpose of

11 providing basic training for probationary police officers,

12 probationary county corrections officers, and court security

13 officers and of providing advanced or in-service training for

14 permanent police officers or permanent county corrections

15 officers, which schools may be either publicly or privately

16 owned and operated. In addition, the Board has the following

17 power and duties:

18 a. To require local governmental units to furnish such

19 reports and information as the Board deems necessary to

20 fully implement this Act.

21 b. To establish appropriate mandatory minimum

22 standards relating to the training of probationary local

23 law enforcement officers or probationary county

24 corrections officers, and in-service training of permanent

25 police officers.

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1 c. To provide appropriate certification to those

2 probationary officers who successfully complete the

3 prescribed minimum standard basic training course.

4 d. To review and approve annual training curriculum

5 for county sheriffs.

6 e. To review and approve applicants to ensure that no

7 applicant is admitted to a certified academy unless the

8 applicant is a person of good character and has not been

9 convicted of, or entered a plea of guilty to, a felony

10 offense, any of the misdemeanors in Sections 11-1.50,

11 11-6, 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1,

12 17-1, 17-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7

13 of the Criminal Code of 1961 or the Criminal Code of 2012,

14 subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the

15 Criminal Code of 1961 or the Criminal Code of 2012, or

16 subsection (a) of Section 17-32 of the Criminal Code of

17 1961 or the Criminal Code of 2012, or Section 5 or 5.2 of

18 the Cannabis Control Act, or a crime involving moral

19 turpitude under the laws of this State or any other state

20 which if committed in this State would be punishable as a

21 felony or a crime of moral turpitude. The Board may

22 appoint investigators who shall enforce the duties

23 conferred upon the Board by this Act.

24 f. To establish statewide standards for minimum

25 standards regarding regular mental health screenings for

26 probationary and permanent police officers, ensuring that

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1 counseling sessions and screenings remain confidential.

2 (Source: P.A. 101-187, eff. 1-1-20; 101-652, Article 10,

3 Section 10-143, eff. 7-1-21.)

4 (Text of Section after amendment by P.A. 101-652, Article

5 25, Section 25-40)

6 Sec. 6. Powers and duties of the Board; selection and

7 certification of schools. The Board shall select and certify

8 schools within the State of Illinois for the purpose of

9 providing basic training for probationary law enforcement

10 officers, probationary county corrections officers, and court

11 security officers and of providing advanced or in-service

12 training for permanent law enforcement officers or permanent

13 county corrections officers, which schools may be either

14 publicly or privately owned and operated. In addition, the

15 Board has the following power and duties:

16 a. To require local governmental units~~,~~ to furnish

17 such reports and information as the Board deems necessary

18 to fully implement this Act.

19 b. To establish appropriate mandatory minimum

20 standards relating to the training of probationary local

21 law enforcement officers or probationary county

22 corrections officers, and in-service training of permanent

23 law enforcement officers.

24 c. To provide appropriate certification to those

25 probationary officers who successfully complete the

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1 prescribed minimum standard basic training course.

2 d. To review and approve annual training curriculum

3 for county sheriffs.

4 e. To review and approve applicants to ensure that no

5 applicant is admitted to a certified academy unless the

6 applicant is a person of good character and has not been

7 convicted of, found guilty of, or entered a plea of guilty

8 to, or entered a plea of nolo contendere to a felony

9 offense, any of the misdemeanors in Sections 11-1.50,

10 11-6, 11-6.5, 11-6.6, 11-9.1, 11-14, 11-14.1, 11-30, 12-2,

11 12-3.2, 12-3.5, 16-1, 17-1, 17-2, 26.5-1, 26.5-2, 26.5-3,

12 28-3, 29-1, any misdemeanor in violation of any Section of

13 Part E of Title III of the Criminal Code of 1961 or the

14 Criminal Code of 2012, or subsection (a) of Section 17-32

15 of the Criminal Code of 1961 or the Criminal Code of 2012,

16 or Section 5 or 5.2 of the Cannabis Control Act, or a crime

17 involving moral turpitude under the laws of this State or

18 any other state which if committed in this State would be

19 punishable as a felony or a crime of moral turpitude, or

20 any felony or misdemeanor in violation of federal law or

21 the law of any state that is the equivalent of any of the

22 offenses specified therein. The Board may appoint

23 investigators who shall enforce the duties conferred upon

24 the Board by this Act.

25 For purposes of this paragraph e, a person is

26 considered to have been convicted of, found guilty of, or

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1 entered a plea of guilty to, plea of nolo contendere to

2 regardless of whether the adjudication of guilt or

3 sentence is withheld or not entered thereon. This includes

4 sentences of supervision, conditional discharge, or first

5 offender probation, or any similar disposition provided

6 for by law.

7 f. To establish statewide standards for minimum

8 standards regarding regular mental health screenings for

9 probationary and permanent police officers, ensuring that

10 counseling sessions and screenings remain confidential.

11 ~~f. For purposes of this paragraph (e), a person is~~

12 ~~considered to have been "convicted of, found guilty of, or~~

13 ~~entered a plea of guilty to, plea of nolo contendere to"~~

14 ~~regardless of whether the adjudication of guilt or~~

15 ~~sentence is withheld or not entered thereon. This includes~~

16 ~~sentences of supervision, conditional discharge, or first~~

17 ~~offender probation, or any similar disposition provided~~

18 ~~for by law.~~

19 g. To review and ensure all law enforcement officers

20 remain in compliance with this Act, and any administrative

21 rules adopted under this Act.

22 h. To suspend any certificate for a definite period,

23 limit or restrict any certificate, or revoke any

24 certificate.

25 i. The Board and the Panel shall have power to secure

26 by its subpoena and bring before it any person or entity in

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1 this State and to take testimony either orally or by

2 deposition or both with the same fees and mileage and in

3 the same manner as prescribed by law in judicial

4 proceedings in civil cases in circuit courts of this

5 State. The Board and the Panel shall also have the power to

6 subpoena the production of documents, papers, files,

7 books, documents, and records, whether in physical or

8 electronic form, in support of the charges and for

9 defense, and in connection with a hearing or

10 investigation.

11 j. The Executive Director, the administrative law

12 judge designated by the Executive Director, and each

13 member of the Board and the Panel shall have the power to

14 administer oaths to witnesses at any hearing that the

15 Board is authorized to conduct under this Act and any

16 other oaths required or authorized to be administered by

17 the Board under this Act.

18 k. In case of the neglect or refusal of any person to

19 obey a subpoena issued by the Board and the Panel, any

20 circuit court, upon application of the Board and the

21 Panel, through the Illinois Attorney General, may order

22 such person to appear before the Board and the Panel give

23 testimony or produce evidence, and any failure to obey

24 such order is punishable by the court as a contempt

25 thereof. This order may be served by personal delivery, by

26 email, or by mail to the address of record or email address

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1 of record.

2 l. The Board shall have the power to administer state

3 certification examinations. Any and all records related to

4 these examinations, including, but not limited to, test

5 questions, test formats, digital files, answer responses,

6 answer keys, and scoring information shall be exempt from

7 disclosure.

8 (Source: P.A. 101-187, eff. 1-1-20; 101-652, Article 10,

9 Section 10-143, eff. 7-1-21; 101-652, Article 25, Section

10 25-40, eff. 1-1-22; revised 4-26-21.)

11 Section 60. The Law Enforcement Officer-Worn Body Camera

12 Act is amended by changing Section 10-20 as follows:

13 (50 ILCS 706/10-20)

14 Sec. 10-20. Requirements.

15 (a) The Board shall develop basic guidelines for the use

16 of officer-worn body cameras by law enforcement agencies. The

17 guidelines developed by the Board shall be the basis for the

18 written policy which must be adopted by each law enforcement

19 agency which employs the use of officer-worn body cameras. The

20 written policy adopted by the law enforcement agency must

21 include, at a minimum, all of the following:

22 (1) Cameras must be equipped with pre-event recording,

23 capable of recording at least the 30 seconds prior to

24 camera activation, unless the officer-worn body camera was

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1 purchased and acquired by the law enforcement agency prior

2 to July 1, 2015.

3 (2) Cameras must be capable of recording for a period

4 of 10 hours or more, unless the officer-worn body camera

5 was purchased and acquired by the law enforcement agency

6 prior to July 1, 2015.

7 (3) Cameras must be turned on at all times when the

8 officer is in uniform and is responding to calls for

9 service or engaged in any law enforcement-related

10 encounter or activity~~,~~ that occurs while the officer is on

11 duty.

12 (A) If exigent circumstances exist which prevent

13 the camera from being turned on, the camera must be

14 turned on as soon as practicable.

15 (B) Officer-worn body cameras may be turned off

16 when the officer is inside of a patrol car which is

17 equipped with a functioning in-car camera; however,

18 the officer must turn on the camera upon exiting the

19 patrol vehicle for law enforcement-related encounters.

20 (C) Officer-worn body cameras may be turned off

21 when the officer is inside a correctional facility or

22 courthouse which is equipped with a functioning camera

23 system.

24 (4) Cameras must be turned off when:

25 (A) the victim of a crime requests that the camera

26 be turned off, and unless impractical or impossible,

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1 that request is made on the recording;

2 (B) a witness of a crime or a community member who

3 wishes to report a crime requests that the camera be

4 turned off, and unless impractical or impossible that

5 request is made on the recording;

6 (C) the officer is interacting with a confidential

7 informant used by the law enforcement agency; or

8 (D) an officer of the Department of Revenue enters

9 a Department of Revenue facility or conducts an

10 interview during which return information will be

11 discussed or visible.

12 However, an officer may continue to record or resume

13 recording a victim or a witness, if exigent circumstances

14 exist, or if the officer has reasonable articulable

15 suspicion that a victim or witness, or confidential

16 informant has committed or is in the process of committing

17 a crime. Under these circumstances, and unless impractical

18 or impossible, the officer must indicate on the recording

19 the reason for continuing to record despite the request of

20 the victim or witness.

21 (4.5) Cameras may be turned off when the officer is

22 engaged in community caretaking functions. However, the

23 camera must be turned on when the officer has reason to

24 believe that the person on whose behalf the officer is

25 performing a community caretaking function has committed

26 or is in the process of committing a crime. If exigent

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1 circumstances exist which prevent the camera from being

2 turned on, the camera must be turned on as soon as

3 practicable.

4 (5) The officer must provide notice of recording to

5 any person if the person has a reasonable expectation of

6 privacy and proof of notice must be evident in the

7 recording. If exigent circumstances exist which prevent

8 the officer from providing notice, notice must be provided

9 as soon as practicable.

10 (6) (A) For the purposes of redaction, labeling, or

11 duplicating recordings, access to camera recordings shall

12 be restricted to only those personnel responsible for

13 those purposes. The recording officer or his or her

14 supervisor may not redact, label, duplicate or otherwise

15 alter the recording officer's camera recordings. Except as

16 otherwise provided in this Section, the recording officer

17 and his or her supervisor may access and review recordings

18 prior to completing incident reports or other

19 documentation, provided that the supervisor discloses that

20 fact in the report or documentation.

21 (i) A law enforcement officer shall not have

22 access to or review his or her body-worn camera

23 recordings or the body-worn camera recordings of

24 another officer prior to completing incident reports

25 or other documentation when the officer:

26 (a) has been involved in or is a witness to an

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1 officer-involved shooting, use of deadly force

2 incident, or use of force incidents resulting in

3 great bodily harm;

4 (b) is ordered to write a report in response

5 to or during the investigation of a misconduct

6 complaint against the officer.

7 (ii) If the officer subject to subparagraph (i)

8 prepares a report, any report shall be prepared

9 without viewing body-worn camera recordings, and

10 subject to supervisor's approval, officers may file

11 amendatory reports after viewing body-worn camera

12 recordings. Supplemental reports under this provision

13 shall also contain documentation regarding access to

14 the video footage.

15 (B) The recording officer's assigned field

16 training officer may access and review recordings for

17 training purposes. Any detective or investigator

18 directly involved in the investigation of a matter may

19 access and review recordings which pertain to that

20 investigation but may not have access to delete or

21 alter such recordings.

22 (7) Recordings made on officer-worn cameras must be

23 retained by the law enforcement agency or by the camera

24 vendor used by the agency, on a recording medium for a

25 period of 90 days.

26 (A) Under no circumstances shall any recording,

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1 except for a non-law enforcement related activity or

2 encounter, made with an officer-worn body camera be

3 altered, erased, or destroyed prior to the expiration

4 of the 90-day storage period. In the event any

5 recording made with an officer-worn body camera is

6 altered, erased, or destroyed prior to the expiration

7 of the 90-day storage period, the law enforcement

8 agency shall maintain, for a period of one year, a

9 written record including (i) the name of the

10 individual who made such alteration, erasure, or

11 destruction, and (ii) the reason for any such

12 alteration, erasure, or destruction.

13 (B) Following the 90-day storage period, any and

14 all recordings made with an officer-worn body camera

15 must be destroyed, unless any encounter captured on

16 the recording has been flagged. An encounter is deemed

17 to be flagged when:

18 (i) a formal or informal complaint has been

19 filed;

20 (ii) the officer discharged his or her firearm

21 or used force during the encounter;

22 (iii) death or great bodily harm occurred to

23 any person in the recording;

24 (iv) the encounter resulted in a detention or

25 an arrest, excluding traffic stops which resulted

26 in only a minor traffic offense or business

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1 offense;

2 (v) the officer is the subject of an internal

3 investigation or otherwise being investigated for

4 possible misconduct;

5 (vi) the supervisor of the officer,

6 prosecutor, defendant, or court determines that

7 the encounter has evidentiary value in a criminal

8 prosecution; or

9 (vii) the recording officer requests that the

10 video be flagged for official purposes related to

11 his or her official duties.

12 (C) Under no circumstances shall any recording

13 made with an officer-worn body camera relating to a

14 flagged encounter be altered or destroyed prior to 2

15 years after the recording was flagged. If the flagged

16 recording was used in a criminal, civil, or

17 administrative proceeding, the recording shall not be

18 destroyed except upon a final disposition and order

19 from the court.

20 (8) Following the 90-day storage period, recordings

21 may be retained if a supervisor at the law enforcement

22 agency designates the recording for training purposes. If

23 the recording is designated for training purposes, the

24 recordings may be viewed by officers, in the presence of a

25 supervisor or training instructor, for the purposes of

26 instruction, training, or ensuring compliance with agency

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1 policies.

2 (9) Recordings shall not be used to discipline law

3 enforcement officers unless:

4 (A) a formal or informal complaint of misconduct

5 has been made;

6 (B) a use of force incident has occurred;

7 (C) the encounter on the recording could result in

8 a formal investigation under the Uniform Peace

9 Officers' Disciplinary Act; or

10 (D) as corroboration of other evidence of

11 misconduct.

12 Nothing in this paragraph (9) shall be construed to

13 limit or prohibit a law enforcement officer from being

14 subject to an action that does not amount to discipline.

15 (10) The law enforcement agency shall ensure proper

16 care and maintenance of officer-worn body cameras. Upon

17 becoming aware, officers must as soon as practical

18 document and notify the appropriate supervisor of any

19 technical difficulties, failures, or problems with the

20 officer-worn body camera or associated equipment. Upon

21 receiving notice, the appropriate supervisor shall make

22 every reasonable effort to correct and repair any of the

23 officer-worn body camera equipment.

24 (11) No officer may hinder or prohibit any person, not

25 a law enforcement officer, from recording a law

26 enforcement officer in the performance of his or her

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1 duties in a public place or when the officer has no

2 reasonable expectation of privacy. The law enforcement

3 agency's written policy shall indicate the potential

4 criminal penalties, as well as any departmental

5 discipline, which may result from unlawful confiscation or

6 destruction of the recording medium of a person who is not

7 a law enforcement officer. However, an officer may take

8 reasonable action to maintain safety and control, secure

9 crime scenes and accident sites, protect the integrity and

10 confidentiality of investigations, and protect the public

11 safety and order.

12 (b) Recordings made with the use of an officer-worn body

13 camera are not subject to disclosure under the Freedom of

14 Information Act, except that:

15 (1) if the subject of the encounter has a reasonable

16 expectation of privacy, at the time of the recording, any

17 recording which is flagged, due to the filing of a

18 complaint, discharge of a firearm, use of force, arrest or

19 detention, or resulting death or bodily harm, shall be

20 disclosed in accordance with the Freedom of Information

21 Act if:

22 (A) the subject of the encounter captured on the

23 recording is a victim or witness; and

24 (B) the law enforcement agency obtains written

25 permission of the subject or the subject's legal

26 representative;

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1 (2) except as provided in paragraph (1) of this

2 subsection (b), any recording which is flagged due to the

3 filing of a complaint, discharge of a firearm, use of

4 force, arrest or detention, or resulting death or bodily

5 harm shall be disclosed in accordance with the Freedom of

6 Information Act; and

7 (3) upon request, the law enforcement agency shall

8 disclose, in accordance with the Freedom of Information

9 Act, the recording to the subject of the encounter

10 captured on the recording or to the subject's attorney, or

11 the officer or his or her legal representative.

12 For the purposes of paragraph (1) of this subsection (b),

13 the subject of the encounter does not have a reasonable

14 expectation of privacy if the subject was arrested as a result

15 of the encounter. For purposes of subparagraph (A) of

16 paragraph (1) of this subsection (b), "witness" does not

17 include a person who is a victim or who was arrested as a

18 result of the encounter.

19 Only recordings or portions of recordings responsive to

20 the request shall be available for inspection or reproduction.

21 Any recording disclosed under the Freedom of Information Act

22 shall be redacted to remove identification of any person that

23 appears on the recording and is not the officer, a subject of

24 the encounter, or directly involved in the encounter. Nothing

25 in this subsection (b) shall require the disclosure of any

26 recording or portion of any recording which would be exempt

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1 from disclosure under the Freedom of Information Act.

2 (c) Nothing in this Section shall limit access to a camera

3 recording for the purposes of complying with Supreme Court

4 rules or the rules of evidence.

5 (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;

6 revised 7-30-21.)

7 Section 65. The Emergency Telephone System Act is amended

8 by changing Section 11.5 as follows:

9 (50 ILCS 750/11.5)

10 (Section scheduled to be repealed on December 31, 2023)

11 Sec. 11.5. Aggregator and originating service provider

12 responsibilities.

13 (a) Each aggregator, and the originating service providers

14 whose 9-1-1 calls are being aggregated by the aggregator,

15 shall comply with their respective requirements in 83 Ill.

16 Adm. Code ~~Part~~ 725.410.

17 (b) Beginning July 1, 2021, each aggregator that is

18 operating within the State must email the Office of the

19 Statewide 9-1-1 Administrator to provide the following

20 information that supports the implementation of and the

21 migration to the Statewide NG9-1-1 system:

22 (1) A company 9-1-1 contact, address, email, and phone

23 number.

24 (2) A list of originating service providers that the

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1 aggregator transports 9-1-1 calls for and then to the

2 appropriate 9-1-1 system provider. New or current

3 aggregators must update the required information within 30

4 days of implementing any changes in information required

5 by this subsection.

6 (c) Each aggregator shall establish procedures for

7 receiving No Record Found errors from the 9-1-1 System

8 Provider, identifying the originating service provider who

9 delivered the call to the aggregator, and referring the No

10 Record Found errors to that originating service provider.

11 (d) Each originating service provider shall establish

12 procedures with the 9-1-1 system provider for preventing and

13 resolving No Record Found errors in the 9-1-1 database and

14 make every effort to ensure 9-1-1 calls are sent to the

15 appropriate public safety answering point.

16 (e) If a 9-1-1 system is being transitioned to NG9-1-1

17 service or to a new provider, each aggregator shall be

18 responsible for coordinating any modifications that are needed

19 to ensure that the originating service provider provides the

20 required level of service to its customers. Each aggregator

21 shall coordinate those network changes or additions for those

22 migrations in a timely manner with the appropriate 9-1-1

23 system provider who shall be managing its respective

24 implementation schedule and cut over. Each aggregator shall

25 send notice to its originating service provider customers of

26 the aggregator's successful turn up of the network changes or

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1 additions supporting the migration and include the necessary

2 information for the originating service provider's migration

3 (such as public safety answering point name, Federal

4 Communications Commission Identification, and Emergency

5 Services Routing Number). The notice shall be provided to the

6 originating service providers within 2 weeks of acceptance

7 testing and conversion activities between the aggregator and

8 the 9-1-1 system provider.

9 (f) The 9-1-1 system provider shall coordinate directly

10 with the originating service providers (unless the aggregator

11 separately agrees to coordinate with the originating service

12 providers) for migration, but in no case shall that migration

13 exceed 30 days after receipt of notice from the aggregator,

14 unless agreed to by the originating service provider and 9-1-1

15 system provider.

16 (g) Each aggregator shall coordinate test calls with the

17 9-1-1 system provider and the 9-1-1 Authority when turning up

18 new circuits or making network changes. Each originating

19 service provider shall perform testing of its network and

20 provisioning upon notification from the aggregator that the

21 network has been tested and accepted with the 9-1-1 system

22 provider.

23 (h) Each aggregator and originating service provider

24 customer shall deliver all 9-1-1 calls, audio, data, and

25 location to the 9-1-1 system at a location determined by the

26 State.

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1 (Source: P.A. 102-9, eff. 6-3-21; revised 7-16-21.)

2 Section 70. The Counties Code is amended by changing

3 Sections 2-3003 and 2-4006.5 as follows:

4 (55 ILCS 5/2-3003) (from Ch. 34, par. 2-3003)

5 Sec. 2-3003. Apportionment plan.

6 (1) If the county board determines that members shall be

7 elected by districts, it shall develop an apportionment plan

8 and specify the number of districts and the number of county

9 board members to be elected from each district and whether

10 voters will have cumulative voting rights in multi-member

11 districts. Each such district:

12 a. Shall be substantially equal in population to each

13 other district;

14 b. Shall be comprised of contiguous territory, as

15 nearly compact as practicable;~~and~~

16 c. May divide townships or municipalities only when

17 necessary to conform to the population requirement of

18 paragraph a. of this Section; and ~~.~~

19 d. Shall be created in such a manner so that no

20 precinct shall be divided between 2 or more districts,

21 insofar as is practicable.

22 (2) The county board of each county having a population of

23 less than 3,000,000 inhabitants may, if it should so decide,

24 provide within that county forsingle-member ~~single member~~

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1 districts outside the corporate limits and multi-member

2 districts within the corporate limits of any municipality with

3 a population in excess of 75,000. Paragraphs a, b, c, and d of

4 subsection (1) of this Section shall apply to the

5 apportionment of both single-member ~~single~~and multi-member

6 districts within a county to the extent that compliance with

7 paragraphs a, b, c, and d still permit the establishment of

8 such districts, except that the population of any multi-member

9 district shall be equal to the population of anysingle-member

10 ~~single member~~district, times the number of members found

11 within that multi-member district.

12 (3) In a county where the Chairman of the County Board is

13 elected by the voters of the county as provided in Section

14 2-3007, the Chairman of the County Board may develop and

15 present to the Board by the third Wednesday in May in the year

16 after a federal decennial census year an apportionment plan in

17 accordance with the provisions of subsection (1) of this

18 Section. If the Chairman presents a plan to the Board by the

19 third Wednesday in May, the Board shall conduct at least one

20 public hearing to receive comments and to discuss the

21 apportionment plan, the hearing shall be held at least 6 days

22 but not more than 21 days after the Chairman's plan was

23 presented to the Board, and the public shall be given notice of

24 the hearing at least 6 days in advance. If the Chairman

25 presents a plan by the third Wednesday in May, the Board is

26 prohibited from enacting an apportionment plan until after a

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1 hearing on the plan presented by the Chairman. The Chairman

2 shall have access to the federal decennial census available to

3 the Board.

4 (4) In a county where a County Executive is elected by the

5 voters of the county as provided in Section 2-5007 of this ~~the~~

6 ~~Counties~~ Code, the County Executive may develop and present to

7 the Board by the third Wednesday in May in the year after a

8 federal decennial census year an apportionment plan in

9 accordance with the provisions of subsection (1) of this

10 Section. If the Executive presents a plan to the Board by the

11 third Wednesday in May, the Board shall conduct at least one

12 public hearing to receive comments and to discuss the

13 apportionment plan, the hearing shall be held at least 6 days

14 but not more than 21 days after the Executive's plan was

15 presented to the Board, and the public shall be given notice of

16 the hearing at least 6 days in advance. If the Executive

17 presents a plan by the third Wednesday in May, the Board is

18 prohibited from enacting an apportionment plan until after a

19 hearing on the plan presented by the Executive. The Executive

20 shall have access to the federal decennial census available to

21 the Board.

22 (5) For the reapportionment of 2021, the Chairman of the

23 County Board or County Executive may develop and present (or

24 redevelop and represent) to the Board by the third Wednesday

25 in November in the year after a federal decennial census year

26 an apportionment plan and the Board shall conduct its public

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1 hearing as provided in paragraphs (3) and (4) following

2 receipt of the apportionment plan.

3 (Source: P.A. 102-15, eff. 6-17-21; revised 7-15-21.)

4 (55 ILCS 5/2-4006.5)

5 Sec. 2-4006.5. Commissioners in certain counties.

6 (a) If a county elects 3 commissioners at large under

7 Section 2-4006, registered voters of such county may, by a

8 vote of a majority of those voting on such proposition,

9 determine to change the method of electing the board of county

10 commissioners by electing either 3 or 5 members from

11 single-member ~~single member~~districts. In order for such

12 question to be placed upon the ballot, such petition must

13 contain the signatures of not fewer than 10% of the registered

14 voters of such county.

15 Commissioners may not be elected from single-member ~~single~~

16 ~~member~~districts until the question of electing either 3 or 5

17 commissioners from single-member ~~single member~~ districts has

18 been submitted to the electors of the county at a regular

19 election and approved by a majority of the electors voting on

20 the question. The commissioners must certify the question to

21 the proper election authority, which must submit the question

22 at an election in accordance with the Election Code.

23 The question must be in substantially the following form:

24 Shall the board of county commissioners of (name of

25 county) consist of (insert either 3 or 5) commissioners

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1 elected from single-member~~single member~~ districts?

2 The votes must be recorded as "Yes" or "No".

3 If a majority of the electors voting on the question vote

4 in the affirmative, a 3-member or 5-member board of county

5 commissioners, as the case may be, shall be established to be

6 elected fromsingle-member ~~single member~~districts.

7 (b) If the voters of the county decide to elect either 3 or

8 5 commissioners fromsingle-member ~~single member~~ districts,

9 the board of county commissioners shall on or before August 31

10 of the year following the 2000 federal decennial census divide

11 the county into either 3 or 5 compact and contiguous county

12 commission districts that are substantially equal in

13 population. On or before May 31 of the year following each

14 federal decennial census thereafter, the board of county

15 commissioners shall reapportion the county commission

16 districts to be compact, contiguous, and substantially equal

17 in population.

18 (c) The commissioners elected at large at or before the

19 general election in 2000 shall continue to serve until the

20 expiration of their terms. Of those commissioners, the

21 commissioner whose term expires in 2002 shall be assigned to

22 district 1; the commissioner whose term expires in 2004 shall

23 be assigned to district 2; and the commissioner whose term

24 expires in 2006 shall be assigned to district 3.

25 (d) If the voters of the county decide to elect 5

26 commissioners from single-member ~~single member~~ districts, at

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1 the general election in 2002, one commissioner from and

2 residing in each of districts 1, 4, and 5 shall be elected. At

3 the general election in 2004, one commissioner from and

4 residing in each of districts 1, 2, and 5 shall be elected. At

5 the general election in 2006, one commissioner from and

6 residing in each of districts 2, 3, and 4 shall be elected. At

7 the general election in 2008, one commissioner from and

8 residing in each of districts 1, 3, and 5 shall be elected. At

9 the general election in 2010, one commissioner from each of

10 districts 2 and 4 shall be elected. At the general election in

11 2012, commissioners from and residing in each district shall

12 be elected. Thereafter, commissioners shall be elected at each

13 general election to fill expired terms. Each commissioner must

14 reside in the district that he or she represents from the time

15 that he or she files his or her nomination papers until his or

16 her term expires.

17 In the year following the decennial census of 2010 and

18 every 10 years thereafter, the commissioners, publicly by lot,

19 shall divide the districts into 2 groups. One group shall

20 serve terms of 4 years, 4 years, and 2 years and one group

21 shall serve terms of 2 years, 4 years, and 4 years.

22 (Source: P.A. 91-846, eff. 6-22-00; 92-189, eff. 8-1-01;

23 revised 7-15-21.)

24 Section 75. The Illinois Municipal Code is amended by

25 changing Sections 5-2-2, 5-2-18.1, 11-5.1-2, and 11-13-14 as

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1 follows:

2 (65 ILCS 5/5-2-2) (from Ch. 24, par. 5-2-2)

3 Sec. 5-2-2. Except as otherwise provided in Section 5-2-3,

4 the number of alderpersons, when not elected by the minority

5 representation plan, shall be as follows: In cities not

6 exceeding 3,000 inhabitants, 6 alderpersons; exceeding 3,000,

7 but not exceeding 15,000, 8 alderpersons; exceeding 15,000 but

8 not exceeding 20,000, 10 alderpersons; exceeding 20,000 but

9 not exceeding 30,000, 14 alderpersons; and 2 additional

10 alderpersons for every 20,000 inhabitants over 30,000. In all

11 cities of less than 500,000, 20 alderpersons shall be the

12 maximum number permitted except as otherwise provided in the

13 case of alderpersons-at-large. No redistricting shall be

14 required in order to reduce the number of alderpersons

15 heretofore provided for. Two alderpersons shall be elected to

16 represent each ward.

17 If it appears from any census specified in Section 5-2-5

18 and taken not earlier than 1940 that any city has the requisite

19 number of inhabitants to authorize it to increase the number

20 of alderpersons, the city council shall immediately proceed to

21 redistrict the city in accordance with the provisions of

22 Section 5-2-5, and it shall hold the next city election in

23 accordance with the new redistricting. At this election the

24 alderpersons whose terms of office are not expiring shall be

25 considered alderpersons for the new wards respectively in

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1 which their residences are situated. At this election a

2 candidate for alderperson may be elected from any ward that

3 contains a part of the ward in which he or she resided at least

4 one year next preceding the election that follows the

5 redistricting, and, if elected, that person may be reelected

6 from the new ward he or she represents if he or she resides in

7 that ward for at least one year next preceding reelection. If

8 there are 2 or more alderpersons with terms of office not

9 expiring and residing in the same ward under the new

10 redistricting, the alderperson who holds over for that ward

11 shall be determined by lot in the presence of the city council,

12 in whatever manner the council shall direct and all other

13 alderpersons shall fill their unexpired terms as

14 alderpersons-at-large. The alderpersons-at-large, if any,

15 shall have the same power and duties as all other alderpersons

16 but upon expiration of their terms the offices of

17 alderpersons-at-large shall be abolished.

18 If the redistricting ~~re-districting~~ results in one or more

19 wards in which no alderpersons reside whose terms of office

20 have not expired, 2 alderpersons shall be elected in

21 accordance with the provisions of Section 5-2-8.

22 (Source: P.A. 102-15, eff. 6-17-21; revised 7-15-21.)

23 (65 ILCS 5/5-2-18.1) (from Ch. 24, par. 5-2-18.1)

24 Sec. 5-2-18.1. In any city or village which has adopted

25 this Article and also has elected to choose alderpersons from

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1 wards or trustees from districts, as the case may be, a

2 proposition to elect the city council at large shall be

3 submitted to the electors in the manner herein provided.

4 Electors of such city or village, equal to not less than

5 10% of the total vote cast for all candidates for mayor or

6 president in the last preceding municipal election for such

7 office, may petition for the submission to a vote of the

8 electors of that city or village the proposition whether the

9 city council shall be elected at large. The petition shall be

10 in the same form as prescribed in Section 5-1-6, except that

11 said petition shall be modified as to the wording of the

12 proposition to be voted upon to conform to the wording of the

13 proposition as hereinafter set forth, and shall be filed with

14 the city clerk in accordance with the general election law.

15 The clerk shall certify the proposition to the proper election

16 authorities who shall submit the proposition at an election in

17 accordance with the general election law.

18 However, such proposition shall not be submitted at the

19 general primary election for the municipality.

20 The proposition shall be in substantially the following

21 form:

22 -------------------------------------------------------------

23 Shall the city (or village) of

24 .... elect the city council at YES

25 large instead of alderpersons ------------------------

26 (or trustees) from wards (or NO

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1 districts)?

2 -------------------------------------------------------------

3 If a majority of those voting on the proposition vote

4 "yes", then the city council shall be elected at large at the

5 next general municipal election and the provisions of Section

6 5-2-12 shall be applicable. Upon the election and

7 qualification of such councilmen ~~council men~~or trustees, the

8 terms of all sitting alderpersons shall expire.

9 (Source: P.A. 102-15, eff. 6-17-21; revised 7-15-21.)

10 (65 ILCS 5/11-5.1-2)

11 Sec. 11-5.1-2. Military equipment surplus program.

12 (a) For purposes of this Section:

13 "Bayonet" means large knives designed to be attached to

14 the muzzle of a rifle, shotgun, or long gun for the purposes of

15 hand-to-hand combat.

16 "Grenade launcher" means a firearm or firearm accessory

17 used to launch fragmentary explosive rounds designed to

18 inflict death or cause great bodily harm.

19 "Military equipment surplus program" means any federal or

20 state program allowing a law enforcement agency to obtain

21 surplus military equipment, including, but not limited ~~limit~~

22 to, any program organized under Section 1122 of the National

23 Defense Authorization Act for Fiscal Year 1994 (Pub. L.

24 103-160) or Section 1033 of the National Defense Authorization

25 Act for Fiscal Year 1997 (Pub. L. 104-201) or any program

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1 established by the United States Department of Defense under

2 10 U.S.C. 2576a.

3 "Tracked armored vehicle" means a vehicle that provides

4 ballistic protection to its occupants and utilizes a tracked

5 system instead of wheels for forward motion not including

6 vehicles listed in the Authorized Equipment List as published

7 by the Federal Emergency Management Agency.

8 "Weaponized aircraft, vessels, or vehicles" means any

9 aircraft, vessel, or vehicle with weapons installed.

10 (b) A police department shall not request or receive from

11 any military equipment surplus program nor purchase or

12 otherwise utilize the following equipment:

13 (1) tracked armored vehicles;

14 (2) weaponized aircraft, vessels, or vehicles;

15 (3) firearms of .50-caliber or higher;

16 (4) ammunition of .50-caliber or higher;

17 (5) grenade launchers, grenades, or similar

18 explosives; or

19 (6) bayonets.

20 (c) A home rule municipality may not regulate the

21 acquisition of equipment in a manner inconsistent with this

22 Section. This Section is a limitation under subsection (i) of

23 Section 6 of Article VII of the Illinois Constitution on the

24 concurrent exercise by home rule municipalities of powers and

25 functions exercised by the State.

26 (d) If a police department requests other property not

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1 prohibited from a military equipment surplus program, the

2 police department shall publish notice of the request on a

3 publicly accessible website maintained by the police

4 department or the municipality within 14 days after the

5 request.

6 (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;

7 revised 7-30-21.)

8 (65 ILCS 5/11-13-14) (from Ch. 24, par. 11-13-14)

9 Sec. 11-13-14. The regulations imposed and the districts

10 created under the authority of this Division 13 may be amended

11 from time to time by ordinance after the ordinance

12 establishing them has gone into effect, but no such amendments

13 shall be made without a hearing before some commission or

14 committee designated by the corporate authorities. Notice

15 shall be given of the time and place of the hearing, not more

16 than 30 nor less than 15 days before the hearing, by publishing

17 a notice thereof at least once in one or more newspapers

18 published in the municipality, or, if no newspaper is

19 published therein, then in one or more newspapers with a

20 general circulation within the municipality. In municipalities

21 with less than 500 population in which no newspaper is

22 published, publication may be made instead by posting a notice

23 in 3 prominent places within themunicipality. In case of a

24 written protest against any proposed amendment of the

25 regulations or districts, signed and acknowledged by the

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1 owners of 20% of the frontage proposed to be altered, or by the

2 owners of 20% of the frontage immediately adjoining or across

3 an alley therefrom, or by the owners of the 20% of the frontage

4 directly opposite the frontage proposed to be altered, is

5 filed with the clerk of the municipality, the amendment shall

6 not be passed except by a favorable vote of two-thirds of the

7 alderpersons or trustees of the municipality then holding

8 office. In such cases, a copy of the written protest shall be

9 served by the protestor or protestors on the applicant for the

10 proposed amendments and a copy upon the applicant's attorney,

11 if any, by certified mail at the address of such applicant and

12 attorney shown in the application for the proposed amendment.

13 Any notice required by this Section need not include a metes

14 and bounds legal description, provided that the notice

15 includes: (i) the common street address or addresses and (ii)

16 the property index number ("PIN") or numbers of all the

17 parcels of real property contained in the affected area.

18 (Source: P.A. 102-15, eff. 6-17-21; revised 7-15-21.)

19 Section 80. The Revised Cities and Villages Act of 1941 is

20 amended by changing Section 21-25 as follows:

21 (65 ILCS 20/21-25) (from Ch. 24, par. 21-25)

22 Sec. 21-25. Times for elections.~~)~~ General elections for

23 alderpersons shall be held in the year or years fixed by law

24 for holding the same, on the last Tuesday of February of such

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1 year. Any supplementary election for alderpersons held under

2 the provisions of this Article shall be held on the first

3 Tuesday of April next following the holding of such general

4 election of alderpersons.

5 (Source: P.A. 102-15, eff. 6-17-21; revised 7-14-21.)

6 Section 85. The Metropolitan Pier and Exposition Authority

7 Act is amended by changing Section 5.6 as follows:

8 (70 ILCS 210/5.6)

9 Sec. 5.6. Marketing agreement.

10 (a) The Authority shall enter into a marketing agreement

11 with a not-for-profit organization headquartered in Chicago

12 and recognized by the Department of Commerce and Economic

13 Opportunity as a certified local tourism and convention bureau

14 entitled to receive State tourism grant funds, provided the

15 bylaws of the organization establish a board of the

16 organization that is comprised of 35 members serving 3-year

17 staggered terms, including the following:

18 (1) no less than 8 members appointed by the Mayor of

19 Chicago, to include:

20 (A) a Chair of the board of the organization

21 appointed by the Mayor of the City of Chicago from

22 among the business and civic leaders of Chicago who

23 are not engaged in the hospitality business or who

24 have not served as a member of the Board or as chief

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1 executive officer of the Authority; and

2 (B) 7 members from among the cultural, economic

3 development, or civic leaders of Chicago;

4 (2) the chairperson of the interim board or Board of

5 the Authority, or his or her designee;

6 (3) a representative from the department in the City

7 of Chicago that is responsible for the operation of

8 Chicago-area airports;

9 (4) a representative from the department in the City

10 of Chicago that is responsible for the regulation of

11 Chicago-area livery vehicles;

12 (5) at least 1, but no more than:

13 (A) 2 members from the hotel industry;

14 (B) 2 members representing Chicago arts and

15 cultural institutions or projects;

16 (C) 2 members from the restaurant industry;

17 (D) 2 members employed by or representing an

18 entity responsible for a trade show;

19 (E) 2 members representing unions;

20 (F) 2 members from the attractions industry; and

21 (6) 7 members appointed by the Governor, including the

22 Director of the Illinois Department of Commerce and

23 Economic Opportunity, ex officio, as well as 3 members

24 from the hotel industry and 3 members representing Chicago

25 arts and cultural institutions or projects.

26 The bylaws of the organization may provide for the

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1 appointment of a City of Chicago alderperson as an ex officio

2 member, and may provide for other ex officio members who shall

3 serve terms of one year.

4 Persons with a real or apparent conflict of interest shall

5 not be appointed to the board. Members of the board of the

6 organization shall not serve more than 2 terms. The bylaws

7 shall require the following: (i) that the Chair of the

8 organization name no less than 5 and no more than 9 members to

9 the Executive Committee of the organization, one of whom must

10 be the chairperson of the interim board or Board of the

11 Authority, and (ii) a provision concerning conflict of

12 interest and a requirement that a member abstain from

13 participating in board action if there is a threat to the

14 independence of judgment created by any conflict of interest

15 or if participation is likely to have a negative effect on

16 public confidence in the integrity of the board.

17 (b) The Authority shall notify the Department of Revenue

18 within 10 days after entering into a contract pursuant to this

19 Section.

20 (Source: P.A. 102-15, eff. 6-17-21; 102-16, eff. 6-17-21;

21 revised 7-17-21.)

22 Section 90. The School Code is amended by changing Section

23 1-3 as follows:

24 (105 ILCS 5/1-3) (from Ch. 122, par. 1-3)

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1 Sec. 1-3. Definitions. In this Code:

2 The terms "common schools", "free schools" and "public

3 schools" are used interchangeably to apply to any school

4 operated by authority of this Act.

5 "School board" means the governing body of any district

6 created or operating under authority of thisCode ~~Act~~,

7 including board of school directors and board of education.

8 When the context so indicates it also means the governing body

9 of any non-high school district and of any special charter

10 district, including a board of school inspectors.

11 "Special charter district" means any city, township, or

12 district organized into a school district, under a special Act

13 or charter of the General Assembly or in which schools are now

14 managed and operating within such unit in whole or in part

15 under the terms of such special Act or charter.

16 (Source: Laws 1961, p. 31; revised 7-16-21.)

17 Section 95. The Student-Athlete Endorsement Rights Act is

18 amended by changing Section 20 as follows:

19 (110 ILCS 190/20)

20 Sec. 20. Agents; publicity rights; third party licensees.

21 (a) An agent, legal representative, or other professional

22 service provider offering services to a student-athlete shall,

23 to the extent required, comply with the federal Sports Agent

24 Responsibility and Trust Act and any other applicable laws,

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1 rules, or regulations.

2 (b) A grant-in-aid, including cost of attendance, and

3 other permissible financial aid, awards, or benefits from the

4 postsecondary educational institution in which a

5 student-athlete is enrolled shall not be revoked, reduced, nor

6 the terms and conditions altered, as a result of a

7 student-athlete earning compensation or obtaining professional

8 or legal representation pursuant to this Act.

9 (c) A student-athlete shall disclose to the postsecondary

10 educational institution in which the student is enrolled, in a

11 manner and time prescribed by the institution, the existence

12 and substance of all publicity rights agreements. Publicity

13 rights agreements that contemplate cash or other compensation

14 to the student-athlete that is equal to or in excess of a value

15 of $500 shall be formalized in a written contract, and the

16 contract shall be provided to the postsecondary educational

17 institution in which the student is enrolled prior to the

18 execution of the agreement and before any compensation is

19 provided to the student-athlete.

20 (d) A student-athlete may not enter into a publicity

21 rights agreement or otherwise receive compensation for that

22 student-athlete's name, image, likeness, or voice for services

23 rendered or performed while that student-athlete is

24 participating in activities sanctioned by that

25 student-athlete's postsecondary educational institution if

26 such services or performance by the student-athlete would

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1 conflict with a provision in a contract, rule, regulation,

2 standard, or other requirement of the postsecondary

3 educational institution.

4 (e) No booster, third party licensee, or any other

5 individual or entity, shall provide or directly or indirectly

6 arrange for a third party to provide compensation to a

7 prospective or current student-athlete or enter into, or

8 directly or indirectly arrange for a third party to enter

9 into, a publicity rights agreement as an inducement for the

10 student-athlete to attend or enroll in a specific institution

11 or group of institutions. Compensation for a student-athlete's

12 name, image, likeness, or voice shall not be conditioned on

13 athletic performance or attendance at a particular

14 postsecondary educational institution.

15 (f) A postsecondary educational institution may fund an

16 independent, third-party administrator to support education,

17 monitoring, disclosures, and reporting concerning name, image,

18 likeness, or voice activities by student-athletes authorized

19 pursuant to this Act. A third-party administrator cannot be a

20 registered athlete agent.

21 (g) No postsecondary educational institution shall provide

22 or directly or indirectly arrange for a third party

23 ~~third-party~~ to provide compensation to a prospective or

24 current student-athlete or enter into, or directly or

25 indirectly arrange for a third party to enter into, a

26 publicity rights agreement with a prospective or current

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1 student-athlete.

2 (h) No student-athlete shall enter into a publicity rights

3 agreement or receive compensation from a third party licensee

4 relating to the name, image, likeness, or voice of the

5 student-athlete before the date on which the student-athlete

6 enrolls at a postsecondary educational institution.

7 (i) No student-athlete shall enter into a publicity rights

8 agreement or receive compensation from a third party licensee

9 for the endorsement or promotion of gambling, sports betting,

10 controlled substances, cannabis, a tobacco or alcohol company,

11 brand, or products, alternative or electronic nicotine product

12 or delivery system, performance-enhancing supplements, adult

13 entertainment, or any other product or service that is

14 reasonably considered to be inconsistent with the values or

15 mission of a postsecondary educational institution or that

16 negatively impacts or reflects adversely on a postsecondary

17 educational institution or its athletic programs, including,

18 but not limited to, bringing about public disrepute,

19 embarrassment, scandal, ridicule, or otherwise negatively

20 impacting the reputation or the moral or ethical standards of

21 the postsecondary educational institution.

22 (Source: P.A. 102-42, eff. 7-1-21; revised 8-3-21.)

23 Section 100. The Illinois Educational Labor Relations Act

24 is amended by changing Section 11.1 as follows:

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1 (115 ILCS 5/11.1)

2 Sec. 11.1. Dues collection.

3 (a) Employers shall make payroll deductions of employee

4 organization dues, initiation fees, assessments, and other

5 payments for an employee organization that is the exclusive

6 representative. Such deductions shall be made in accordance

7 with the terms of an employee's written authorization and

8 shall be paid to the exclusive representative. Written

9 authorization may be evidenced by electronic communications,

10 and such writing or communication may be evidenced by the

11 electronic signature of the employee as provided under the

12 Uniform Electronic Transactions Act.

13 There is no impediment to an employee's right to resign

14 union membership at any time. However, notwithstanding any

15 other provision of law to the contrary regarding authorization

16 and deduction of dues or other payments to a labor

17 organization, the exclusive representative and an educational

18 employee may agree to reasonable limits on the right of the

19 employee to revoke such authorization, including a period of

20 irrevocability that exceeds one year. An authorization that is

21 irrevocable for one year, which may be automatically renewed

22 for successive annual periods in accordance with the terms of

23 the authorization, and that contains at least an annual 10-day

24 period of time during which the educational employee may

25 revoke the authorization, shall be deemed reasonable. This

26 Section shall apply to all claims that allege that an

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1 educational employer or employee organization has improperly

2 deducted or collected dues from an employee without regard to

3 whether the claims or the facts upon which they are based

4 occurred before, on, or after December 20, 2019 (the effective

5 date of Public Act 101-620) ~~this amendatory Act of the 101st~~

6 ~~General Assembly~~ and shall apply retroactively to the maximum

7 extent permitted by law.

8 (b) Upon receiving written notice of the authorization,

9 the educational employer must commence dues deductions as soon

10 as practicable, but in no case later than 30 days after

11 receiving notice from the employee organization. Employee

12 deductions shall be transmitted to the employee organization

13 no later than 10 days after they are deducted unless a shorter

14 period is mutually agreed to.

15 (c) Deductions shall remain in effect until:

16 (1) the educational employer receives notice that an

17 educational employee has revoked his or her authorization

18 in writing in accordance with the terms of the

19 authorization; or

20 (2) the individual educational employee is no longer

21 employed by the educational employer in a bargaining unit

22 position represented by the same exclusive representative;

23 provided that if such employee is, within a period of one

24 year, employed by the same educational employer in a

25 position represented by the same employee organization,

26 the right to dues deduction shall be automatically

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1 reinstated.

2 Nothing in this subsection prevents an employee from

3 continuing to authorize payroll deductions when no longer

4 represented by the exclusive representative that would receive

5 those deductions.

6 Should the individual educational employee who has signed

7 a dues deduction authorization card either be removed from an

8 educational employer's payroll or otherwise placed on any type

9 of involuntary or voluntary leave of absence, whether paid or

10 unpaid, the employee's dues deduction shall be continued upon

11 that employee's return to the payroll in a bargaining unit

12 position represented by the same exclusive representative or

13 restoration to active duty from such a leave of absence.

14 (d) Unless otherwise mutually agreed by the educational

15 employer and the exclusive representative, employee requests

16 to authorize, revoke, cancel, or change authorizations for

17 payroll deductions for employee organizations shall be

18 directed to the employee organization rather than to the

19 educational employer. The employee organization shall be

20 responsible for initially processing and notifying the

21 educational employer of proper requests or providing proper

22 requests to the employer. If the requests are not provided to

23 the educational employer, the employer shall rely on

24 information provided by the employee organization regarding

25 whether deductions for an employee organization were properly

26 authorized, revoked, canceled, or changed, and the employee

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1 organization shall indemnify the educational employer for any

2 damages and reasonable costs incurred for any claims made by

3 educational employees for deductions made in good faith

4 reliance on that information.

5 (e) Upon receipt by the exclusive representative of an

6 appropriate written authorization from an individual

7 educational employee, written notice of authorization shall be

8 provided to the educational employer and any authorized

9 deductions shall be made in accordance with law. The employee

10 organization shall indemnify the educational employer for any

11 damages and reasonable costs incurred for any claims made by

12 an educational employee for deductions made in good faith

13 reliance on its notification.

14 (f) The failure of an educational employer to comply with

15 the provisions of this Section shall be a violation of the duty

16 to bargain and an unfair labor practice. Relief for the

17 violation shall be reimbursement by the educational employer

18 of dues that should have been deducted or paid based on a valid

19 authorization given by the educational employee or employees.

20 In addition, the provisions of a collective bargaining

21 agreement that contain the obligations set forth in this

22 Section may be enforced in accordance with Section 10.

23 (g) The Illinois Educational Labor Relations Board shall

24 have exclusive jurisdiction over claims under Illinois law

25 that allege an educational employer or employee organization

26 has unlawfully deducted or collected dues from an educational

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1 employee in violation of this Act. The Board shall by rule

2 require that in cases in which an educational employee alleges

3 that an employee organization has unlawfully collected dues,

4 the educational employer shall continue to deduct the

5 employee's dues from the employee's pay, but shall transmit

6 the dues to the Board for deposit in an escrow account

7 maintained by the Board. If the exclusive representative

8 maintains an escrow account for the purpose of holding dues to

9 which an employee has objected, the employer shall transmit

10 the entire amount of dues to the exclusive representative, and

11 the exclusive representative shall hold in escrow the dues

12 that the employer would otherwise have been required to

13 transmit to the Board for escrow; provided that the escrow

14 account maintained by the exclusive representative complies

15 with rules adopted by the Board or that the collective

16 bargaining agreement requiring the payment of the dues

17 contains an indemnification provision for the purpose of

18 indemnifying the employer with respect to the employer's

19 transmission of dues to the exclusive representative.

20 (h) If a collective bargaining agreement that includes a

21 dues deduction clause expires or continues in effect beyond

22 its scheduled expiration date pending the negotiation of a

23 successor agreement, then the employer shall continue to honor

24 and abide by the dues deduction clause until a new agreement

25 that includes a dues deduction clause is reached. Failure to

26 honor and abide by the dues deduction clause for the benefit of

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1 any exclusive representative as set forth in this subsection

2 (h) shall be a violation of the duty to bargain and an unfair

3 labor practice. For the benefit of any successor exclusive

4 representative certified under this Act, this provision shall

5 be applicable, provided the successor exclusive representative

6 presents the employer with employee written authorizations or

7 certifications from the exclusive representative for the

8 deduction of dues, assessments, and fees under this subsection

9 (h).

10 (i)(1) If any clause, sentence, paragraph, or subdivision

11 of this Section shall be adjudged by a court of competent

12 jurisdiction to be unconstitutional or otherwise invalid, that

13 judgment shall not affect, impair, or invalidate the remainder

14 thereof, but shall be confined in its operation to the clause,

15 sentence, paragraph, or subdivision of this Section directly

16 involved in the controversy in which such judgment shall have

17 been rendered.

18 (2) If any clause, sentence, paragraph, or part of a

19 signed authorization for payroll deductions shall be adjudged

20 by a court of competent jurisdiction to be unconstitutional or

21 otherwise invalid, that judgment shall not affect, impair, or

22 invalidate the remainder of the signed authorization, but

23 shall be confined in its operation to the clause, sentence,

24 paragraph, or part of the signed authorization directly

25 involved in the controversy in which such judgment shall have

26 been rendered.

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1 (Source: P.A. 101-620, eff. 12-20-19; 102-38, eff. 6-25-21;

2 revised 8-3-21.)

3 Section 105. The Savings Bank Act is amended by changing

4 Section 6001 as follows:

5 (205 ILCS 205/6001) (from Ch. 17, par. 7306-1)

6 Sec. 6001. General provisions.

7 (a) No savings bank shall make any loan or investment

8 authorized by this Article unless the savings bank first has

9 determined that the type, amount, purpose, and repayment

10 provisions of the loan or investment in relation to the

11 borrower's or issuer's resources and credit standing support

12 the reasonable belief that the loan or investment will be

13 financially sound and will be repaid according to its terms

14 and that the loan or investment is not otherwise unlawful.

15 (b) Each loan or investment that a savings bank makes or

16 purchases, whether wholly or in part, must be adequately

17 underwritten, reviewed periodically, and reserved against as

18 necessary in accordance with its payment performance, all in

19 accordance with the regulations and directives of the

20 Commissioner.

21 (c) Every appraisal or reappraisal of property that a

22 savings bank is required to make shall be made as follows:

23 (1) By an independent qualified appraiser, designated

24 by the board of directors, who is properly licensed or

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1 certified by the entity authorized to govern his licensure

2 or certification and who meets the requirements of the

3 Appraisal Subcommittee and of the Federal Act.

4 (2) In the case of an insured or guaranteed loan, by

5 any appraiser appointed by any lending, insuring, or

6 guaranteeing agency of the United States or the State of

7 Illinois that insures or guarantees the loan, wholly or in

8 part.

9 (3) Each appraisal shall be in writing prepared at the

10 request of the lender for the lender's use; disclose the

11 market value of the security offered; contain sufficient

12 information and data concerning the appraised property to

13 substantiate the market value thereof; be certified and

14 signed by the appraiser or appraisers; and state that the

15 appraiser or appraisers have personally examined the

16 described property. The appraisal shall be filed and

17 preserved by the savings bank. In addition, the appraisal

18 shall be prepared and reported in accordance with the

19 Standards of Professional Practice and the ethical rules

20 of the Appraisal Foundation as adopted and promulgated by

21 the Appraisal Subcommittee.

22 (d) If appraisals of real estate securing a savings bank's

23 loans are obtained as part of an examination by the

24 Commissioner, the cost of those appraisals shall promptly be

25 paid by the savings bank directly to the appraiser or

26 appraisers.

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1 (e) Any violation of this Article shall constitute an

2 unsafe or unsound practice. Any person who knowingly violates

3 any provision of this Article shall be subject to enforcement

4 action or civil money penalties as provided for in this Act.

5 (f) For purposes of this Article, "underwriting" shall

6 mean the process of compiling information to support a

7 determination as to whether an investment or extension of

8 credit shall be made by a savings bank. It shall include, but

9 not be limited to, evaluating a borrower's creditworthiness,

10 determination of the value of the underlying collateral,

11 market factors, and the appropriateness of the investment or

12 loan for the savings bank. Underwriting as used herein does

13 not include the agreement to purchase unsold portions of

14 public offerings of stocks or bonds as commonly used in

15 corporate securities issuances and sales.

16 (g) For purposes of this Section, the following

17 definitions shall apply:

18 (1) "Federal Act" means Title XI of the Financial

19 Institutions Reform, Recovery, and Enforcement Act of 1989

20 and regulations adopted pursuant thereto.

21 (2) "Appraisal Subcommittee" means the designee of the

22 heads of the Federal Financial Institutions Examination

23 Council Act of 1978 (12 U.S.C. 3301 et seq.).

24 (3) "Appraisal Foundation" means the Appraisal

25 Foundation that was incorporated as an Illinois

26 not-for-profit corporation on November 30, 1987.

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1 (Source: P.A. 90-665, eff. 7-30-98; revised 7-30-21.)

2 Section 110. The Illinois Credit Union Act is amended by

3 changing Section 20 as follows:

4 (205 ILCS 305/20) (from Ch. 17, par. 4421)

5 Sec. 20. Election or appointment of officials.

6 (1) The credit union shall be directed by a board of

7 directors consisting of no less than 7 in number, to be elected

8 at the annual meeting by and from the members. Directors shall

9 hold office until the next annual meeting, unless their terms

10 are staggered. Upon amendment of its bylaws, a credit union

11 may divide the directors into 2 or 3 classes with each class as

12 nearly equal in number as possible. The term of office of the

13 directors of the first class shall expire at the first annual

14 meeting after their election, that of the second class shall

15 expire at the second annual meeting after their election, and

16 that of the third class, if any, shall expire at the third

17 annual meeting after their election. At each annual meeting

18 after the classification, the number of directors equal to the

19 number of directors whose terms expire at the time of the

20 meeting shall be elected to hold office until the second

21 succeeding annual meeting if there are 2 classes or until the

22 third succeeding annual meeting if there are 3 classes. A

23 director shall hold office for the term for which he or she is

24 elected and until his or her successor is elected and

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1 qualified.

2 (1.5) Except as provided in subsection (1.10), in all

3 elections for directors, every member has the right to vote,

4 in person, by proxy, or by secure electronic record if

5 approved by the board of directors, the number of shares owned

6 by him, or in the case of a member other than a natural person,

7 the member's one vote, for as many persons as there are

8 directors to be elected, or to cumulate such shares, and give

9 one candidate as many votes as the number of directors

10 multiplied by the number of his shares equals, or to

11 distribute them on the same principle among as many candidates

12 as he may desire and the directors shall not be elected in any

13 other manner. Shares held in a joint account owned by more than

14 one member may be voted by any one of the members, however, the

15 number of cumulative votes cast may not exceed a total equal to

16 the number of shares multiplied by the number of directors to

17 be elected. A majority of the shares entitled to vote shall be

18 represented either in person or by proxy for the election of

19 directors. Each director shall wholly take and subscribe to an

20 oath that he will diligently and honestly perform his duties

21 in administering the affairs of the credit union, that while

22 he may delegate to another the performance of those

23 administrative duties he is not thereby relieved from his

24 responsibility for their performance, that he will not

25 knowingly violate or permit to be violated any law applicable

26 to the credit union, and that he is the owner of at least one

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1 share of the credit union.

2 (1.10) Upon amendment of a credit union's bylaws approved

3 by the members, in all elections for directors, every member

4 who is a natural person shall have the right to cast one vote,

5 regardless of the number of his or her shares, in person, by

6 proxy, or by secure electronic record if approved by the board

7 of directors, for as many persons as there are directors to be

8 elected.

9 (1.15) If the board of directors has adopted a policy

10 addressing age eligibility standards on voting, holding

11 office, or petitioning the board, then a credit union may

12 require (i) that members be at least 18 years of age by the

13 date of the meeting in order to vote at meetings of the

14 members, sign nominating petitions, or sign petitions

15 requesting special meetings, and (ii) that members be at least

16 18 years of age by the date of election or appointment in order

17 to hold elective or appointive office.

18 (2) The board of directors shall appoint from among the

19 members of the credit union, a supervisory committee of not

20 less than 3 members at the organization meeting and within 30

21 days following each annual meeting of the members for such

22 terms as the bylaws provide. Members of the supervisory

23 committee may, but need not be, on the board of directors, but

24 shall not be officers of the credit union, members of the

25 credit committee, or the credit manager if no credit committee

26 has been appointed.

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1 (3) The board of directors may appoint, from among the

2 members of the credit union, a credit committee consisting of

3 an odd number, not less than 3 for such terms as the bylaws

4 provide. Members of the credit committee may, but need not be,

5 directors or officers of the credit union, but shall not be

6 members of the supervisory committee.

7 (4) The board of directors may appoint from among the

8 members of the credit union a membership committee of one or

9 more persons. If appointed, the committee shall act upon all

10 applications for membership and submit a report of its actions

11 to the board of directors at the next regular meeting for

12 review. If no membership committee is appointed, credit union

13 management shall act upon all applications for membership and

14 submit a report of its actions to the board of directors at the

15 next regular meeting for review.

16 (5) As used in this Section, "electronic" and "electronic

17 record" have the meanings ascribed to those terms in the

18 Uniform Electronic Transactions Act. As used in this Section,

19 "secured electronic record" means an electronic record that

20 meets the criteria set forth in the Uniform Electronic

21 Transactions Act.

22 (Source: P.A. 102-38, eff. 6-25-21; revised 8-3-21.)

23 Section 115. The Illinois Community Reinvestment Act is

24 amended by changing Section 35-1 as follows:

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1 (205 ILCS 735/35-1)

2 Sec. 35-1. Short title. This Article ~~Act~~ may be cited as

3 the Illinois Community Reinvestment Act. References in this

4 Article to "this Act" mean this Article.

5 (Source: P.A. 101-657, eff. 3-23-21; revised 7-16-21.)

6 Section 120. The Specialized Mental Health Rehabilitation

7 Act of 2013 is amended by changing Section 5-112 as follows:

8 (210 ILCS 49/5-112)

9 Sec. 5-112. Bed reduction payments. The Department of

10 Healthcare and Family Services shall make payments to

11 facilities licensed under this Act for the purpose of reducing

12 bed capacity and room occupancy. Facilities desiring to

13 participate in these payments shall submit a proposal to the

14 Department for review. In the proposal the facility shall

15 detail the number of beds that are seeking to eliminate and the

16 price they are requesting to eliminate those beds. The

17 facility shall also detail in their proposal if the affected

18 ~~effected~~ beds would reduce room occupancy from 3 or 4 beds to

19 double occupancy or if ~~is~~ the bed elimination would create

20 single occupancy. Priority will be given to proposals that

21 eliminate the use of three-person or four-person occupancy

22 rooms. Proposals shall be collected by the Department within a

23 specific time period and the Department will negotiate all

24 payments before making final awards to ensure that the funding

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1 appropriated is sufficient to fund the awards. Payments shall

2 not be less than $25,000 per bed and proposals to eliminate

3 beds that lead to single occupancy rooms shall receive an

4 additional $10,000 per bed over and above any other negotiated

5 bed elimination payment. Before a facility can receive payment

6 under this Section, the facility must receive approval from

7 the Department of Public Health for the permanent removal of

8 the beds for which they are receiving payment. Payment for the

9 elimination of the beds shall be made within 15 days of the

10 facility notifying the Department of Public Health about the

11 bed license elimination. Under no circumstances shall a

12 facility be allowed to increase the capacity of a facility

13 once payment has been received for the elimination of beds.

14 (Source: P.A. 102-16, eff. 6-17-21; revised 7-16-21.)

15 Section 125. The Emergency Medical Services (EMS) Systems

16 Act is amended by changing Sections 3.116, 3.117, and 3.117.5

17 as follows:

18 (210 ILCS 50/3.116)

19 Sec. 3.116. Hospital Stroke Care; definitions. As used in

20 Sections 3.116 through 3.119, 3.130, 3.200, and 3.226 of this

21 Act:

22 "Acute Stroke-Ready Hospital" means a hospital that has

23 been designated by the Department as meeting the criteria for

24 providing emergent stroke care. Designation may be provided

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1 after a hospital has been certified or through application and

2 designation as such.

3 "Certification" or "certified" means certification, using

4 evidence-based standards, from a nationally recognized

5 ~~nationally-recognized~~ certifying body approved by the

6 Department.

7 "Comprehensive Stroke Center" means a hospital that has

8 been certified and has been designated as such.

9 "Designation" or "designated" means the Department's

10 recognition of a hospital as a Comprehensive Stroke Center,

11 Primary Stroke Center, or Acute Stroke-Ready Hospital.

12 "Emergent stroke care" is emergency medical care that

13 includes diagnosis and emergency medical treatment of acute

14 stroke patients.

15 "Emergent Stroke Ready Hospital" means a hospital that has

16 been designated by the Department as meeting the criteria for

17 providing emergent stroke care.

18 "Primary Stroke Center" means a hospital that has been

19 certified by a Department-approved, nationally recognized

20 ~~nationally-recognized~~ certifying body and designated as such

21 by the Department.

22 "Regional Stroke Advisory Subcommittee" means a

23 subcommittee formed within each Regional EMS Advisory

24 Committee to advise the Director and the Region's EMS Medical

25 Directors Committee on the triage, treatment, and transport of

26 possible acute stroke patients and to select the Region's

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1 representative to the State Stroke Advisory Subcommittee. At

2 minimum, the Regional Stroke Advisory Subcommittee shall

3 consist of: one representative from the EMS Medical Directors

4 Committee; one EMS coordinator from a Resource Hospital; one

5 administrative representative or his or her designee from each

6 level of stroke care, including Comprehensive Stroke Centers

7 within the Region, if any, Primary Stroke Centers within the

8 Region, if any, and Acute Stroke-Ready Hospitals within the

9 Region, if any; one physician from each level of stroke care,

10 including one physician who is a neurologist or who provides

11 advanced stroke care at a Comprehensive Stroke Center in the

12 Region, if any, one physician who is a neurologist or who

13 provides acute stroke care at a Primary Stroke Center in the

14 Region, if any, and one physician who provides acute stroke

15 care at an Acute Stroke-Ready Hospital in the Region, if any;

16 one nurse practicing in each level of stroke care, including

17 one nurse from a Comprehensive Stroke Center in the Region, if

18 any, one nurse from a Primary Stroke Center in the Region, if

19 any, and one nurse from an Acute Stroke-Ready Hospital in the

20 Region, if any; one representative from both a public and a

21 private vehicle service provider that transports possible

22 acute stroke patients within the Region; the State-designated

23 regional EMS Coordinator; and a fire chief or his or her

24 designee from the EMS Region, if the Region serves a

25 population of more than 2,000,000. The Regional Stroke

26 Advisory Subcommittee shall establish bylaws to ensure equal

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1 membership that rotates and clearly delineates committee

2 responsibilities and structure. Of the members first

3 appointed, one-third shall be appointed for a term of one

4 year, one-third shall be appointed for a term of 2 years, and

5 the remaining members shall be appointed for a term of 3 years.

6 The terms of subsequent appointees shall be 3 years.

7 "State Stroke Advisory Subcommittee" means a standing

8 advisory body within the State Emergency Medical Services

9 Advisory Council.

10 (Source: P.A. 98-1001, eff. 1-1-15; revised 7-16-21.)

11 (210 ILCS 50/3.117)

12 Sec. 3.117. Hospital designations.

13 (a) The Department shall attempt to designate Primary

14 Stroke Centers in all areas of the State.

15 (1) The Department shall designate as many certified

16 Primary Stroke Centers as apply for that designation

17 provided they are certified by a nationally recognized

18 ~~nationally-recognized~~ certifying body, approved by the

19 Department, and certification criteria are consistent with

20 the most current nationally recognized

21 ~~nationally-recognized~~, evidence-based stroke guidelines

22 related to reducing the occurrence, disabilities, and

23 death associated with stroke.

24 (2) A hospital certified as a Primary Stroke Center by

25 a nationally recognized ~~nationally-recognized~~ certifying

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1 body approved by the Department, shall send a copy of the

2 Certificate and annual fee to the Department and shall be

3 deemed, within 30 business days of its receipt by the

4 Department, to be a State-designated Primary Stroke

5 Center.

6 (3) A center designated as a Primary Stroke Center

7 shall pay an annual fee as determined by the Department

8 that shall be no less than $100 and no greater than $500.

9 All fees shall be deposited into the Stroke Data

10 Collection Fund.

11 (3.5) With respect to a hospital that is a designated

12 Primary Stroke Center, the Department shall have the

13 authority and responsibility to do the following:

14 (A) Suspend or revoke a hospital's Primary Stroke

15 Center designation upon receiving notice that the

16 hospital's Primary Stroke Center certification has

17 lapsed or has been revoked by the State recognized

18 certifying body.

19 (B) Suspend a hospital's Primary Stroke Center

20 designation, in extreme circumstances where patients

21 may be at risk for immediate harm or death, until such

22 time as the certifying body investigates and makes a

23 final determination regarding certification.

24 (C) Restore any previously suspended or revoked

25 Department designation upon notice to the Department

26 that the certifying body has confirmed or restored the

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1 Primary Stroke Center certification of that previously

2 designated hospital.

3 (D) Suspend a hospital's Primary Stroke Center

4 designation at the request of a hospital seeking to

5 suspend its own Department designation.

6 (4) Primary Stroke Center designation shall remain

7 valid at all times while the hospital maintains its

8 certification as a Primary Stroke Center, in good

9 standing, with the certifying body. The duration of a

10 Primary Stroke Center designation shall coincide with the

11 duration of its Primary Stroke Center certification. Each

12 designated Primary Stroke Center shall have its

13 designation automatically renewed upon the Department's

14 receipt of a copy of the accrediting body's certification

15 renewal.

16 (5) A hospital that no longer meets nationally

17 recognized ~~nationally-recognized~~, evidence-based

18 standards for Primary Stroke Centers, or loses its Primary

19 Stroke Center certification, shall notify the Department

20 and the Regional EMS Advisory Committee within 5 business

21 days.

22 (a-5) The Department shall attempt to designate

23 Comprehensive Stroke Centers in all areas of the State.

24 (1) The Department shall designate as many certified

25 Comprehensive Stroke Centers as apply for that

26 designation, provided that the Comprehensive Stroke

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1 Centers are certified by a nationally recognized

2 ~~nationally-recognized~~ certifying body approved by the

3 Department, and provided that the certifying body's

4 certification criteria are consistent with the most

5 current nationally recognized ~~nationally-recognized~~ and

6 evidence-based stroke guidelines for reducing the

7 occurrence of stroke and the disabilities and death

8 associated with stroke.

9 (2) A hospital certified as a Comprehensive Stroke

10 Center shall send a copy of the Certificate and annual fee

11 to the Department and shall be deemed, within 30 business

12 days of its receipt by the Department, to be a

13 State-designated Comprehensive Stroke Center.

14 (3) A hospital designated as a Comprehensive Stroke

15 Center shall pay an annual fee as determined by the

16 Department that shall be no less than $100 and no greater

17 than $500. All fees shall be deposited into the Stroke

18 Data Collection Fund.

19 (4) With respect to a hospital that is a designated

20 Comprehensive Stroke Center, the Department shall have the

21 authority and responsibility to do the following:

22 (A) Suspend or revoke the hospital's Comprehensive

23 Stroke Center designation upon receiving notice that

24 the hospital's Comprehensive Stroke Center

25 certification has lapsed or has been revoked by the

26 State recognized certifying body.

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1 (B) Suspend the hospital's Comprehensive Stroke

2 Center designation, in extreme circumstances in which

3 patients may be at risk for immediate harm or death,

4 until such time as the certifying body investigates

5 and makes a final determination regarding

6 certification.

7 (C) Restore any previously suspended or revoked

8 Department designation upon notice to the Department

9 that the certifying body has confirmed or restored the

10 Comprehensive Stroke Center certification of that

11 previously designated hospital.

12 (D) Suspend the hospital's Comprehensive Stroke

13 Center designation at the request of a hospital

14 seeking to suspend its own Department designation.

15 (5) Comprehensive Stroke Center designation shall

16 remain valid at all times while the hospital maintains its

17 certification as a Comprehensive Stroke Center, in good

18 standing, with the certifying body. The duration of a

19 Comprehensive Stroke Center designation shall coincide

20 with the duration of its Comprehensive Stroke Center

21 certification. Each designated Comprehensive Stroke Center

22 shall have its designation automatically renewed upon the

23 Department's receipt of a copy of the certifying body's

24 certification renewal.

25 (6) A hospital that no longer meets nationally

26 recognized ~~nationally-recognized~~, evidence-based

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1 standards for Comprehensive Stroke Centers, or loses its

2 Comprehensive Stroke Center certification, shall notify

3 the Department and the Regional EMS Advisory Committee

4 within 5 business days.

5 (b) Beginning on the first day of the month that begins 12

6 months after the adoption of rules authorized by this

7 subsection, the Department shall attempt to designate

8 hospitals as Acute Stroke-Ready Hospitals in all areas of the

9 State. Designation may be approved by the Department after a

10 hospital has been certified as an Acute Stroke-Ready Hospital

11 or through application and designation by the Department. For

12 any hospital that is designated as an Emergent Stroke Ready

13 Hospital at the time that the Department begins the

14 designation of Acute Stroke-Ready Hospitals, the Emergent

15 Stroke Ready designation shall remain intact for the duration

16 of the 12-month period until that designation expires. Until

17 the Department begins the designation of hospitals as Acute

18 Stroke-Ready Hospitals, hospitals may achieve Emergent Stroke

19 Ready Hospital designation utilizing the processes and

20 criteria provided in Public Act 96-514.

21 (1) (Blank).

22 (2) Hospitals may apply for, and receive, Acute

23 Stroke-Ready Hospital designation from the Department,

24 provided that the hospital attests, on a form developed by

25 the Department in consultation with the State Stroke

26 Advisory Subcommittee, that it meets, and will continue to

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1 meet, the criteria for Acute Stroke-Ready Hospital

2 designation and pays an annual fee.

3 A hospital designated as an Acute Stroke-Ready

4 Hospital shall pay an annual fee as determined by the

5 Department that shall be no less than $100 and no greater

6 than $500. All fees shall be deposited into the Stroke

7 Data Collection Fund.

8 (2.5) A hospital may apply for, and receive, Acute

9 Stroke-Ready Hospital designation from the Department,

10 provided that the hospital provides proof of current Acute

11 Stroke-Ready Hospital certification and the hospital pays

12 an annual fee.

13 (A) Acute Stroke-Ready Hospital designation shall

14 remain valid at all times while the hospital maintains

15 its certification as an Acute Stroke-Ready Hospital,

16 in good standing, with the certifying body.

17 (B) The duration of an Acute Stroke-Ready Hospital

18 designation shall coincide with the duration of its

19 Acute Stroke-Ready Hospital certification.

20 (C) Each designated Acute Stroke-Ready Hospital

21 shall have its designation automatically renewed upon

22 the Department's receipt of a copy of the certifying

23 body's certification renewal and Application for

24 Stroke Center Designation form.

25 (D) A hospital must submit a copy of its

26 certification renewal from the certifying body as soon

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1 as practical but no later than 30 business days after

2 that certification is received by the hospital. Upon

3 the Department's receipt of the renewal certification,

4 the Department shall renew the hospital's Acute

5 Stroke-Ready Hospital designation.

6 (E) A hospital designated as an Acute Stroke-Ready

7 Hospital shall pay an annual fee as determined by the

8 Department that shall be no less than $100 and no

9 greater than $500. All fees shall be deposited into

10 the Stroke Data Collection Fund.

11 (3) Hospitals seeking Acute Stroke-Ready Hospital

12 designation that do not have certification shall develop

13 policies and procedures that are consistent with

14 nationally recognized ~~nationally-recognized~~,

15 evidence-based protocols for the provision of emergent

16 stroke care. Hospital policies relating to emergent stroke

17 care and stroke patient outcomes shall be reviewed at

18 least annually, or more often as needed, by a hospital

19 committee that oversees quality improvement. Adjustments

20 shall be made as necessary to advance the quality of

21 stroke care delivered. Criteria for Acute Stroke-Ready

22 Hospital designation of hospitals shall be limited to the

23 ability of a hospital to:

24 (A) create written acute care protocols related to

25 emergent stroke care;

26 (A-5) participate in the data collection system

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1 provided in Section 3.118, if available;

2 (B) maintain a written transfer agreement with one

3 or more hospitals that have neurosurgical expertise;

4 (C) designate a Clinical Director of Stroke Care

5 who shall be a clinical member of the hospital staff

6 with training or experience, as defined by the

7 facility, in the care of patients with cerebrovascular

8 disease. This training or experience may include, but

9 is not limited to, completion of a fellowship or other

10 specialized training in the area of cerebrovascular

11 disease, attendance at national courses, or prior

12 experience in neuroscience intensive care units. The

13 Clinical Director of Stroke Care may be a neurologist,

14 neurosurgeon, emergency medicine physician, internist,

15 radiologist, advanced practice registered nurse, or

16 physician's assistant;

17 (C-5) provide rapid access to an acute stroke

18 team, as defined by the facility, that considers and

19 reflects nationally recognized, evidence-based

20 ~~nationally-recognized, evidenced-based~~ protocols or

21 guidelines;

22 (D) administer thrombolytic therapy, or

23 subsequently developed medical therapies that meet

24 nationally recognized ~~nationally-recognized~~,

25 evidence-based stroke guidelines;

26 (E) conduct brain image tests at all times;

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1 (F) conduct blood coagulation studies at all

2 times;

3 (G) maintain a log of stroke patients, which shall

4 be available for review upon request by the Department

5 or any hospital that has a written transfer agreement

6 with the Acute Stroke-Ready Hospital;

7 (H) admit stroke patients to a unit that can

8 provide appropriate care that considers and reflects

9 nationally recognized ~~nationally-recognized~~,

10 evidence-based protocols or guidelines or transfer

11 stroke patients to an Acute Stroke-Ready Hospital,

12 Primary Stroke Center, or Comprehensive Stroke Center,

13 or another facility that can provide the appropriate

14 care that considers and reflects nationally recognized

15 ~~nationally-recognized~~, evidence-based protocols or

16 guidelines; and

17 (I) demonstrate compliance with nationally

18 recognized ~~nationally-recognized~~ quality indicators.

19 (4) With respect to Acute Stroke-Ready Hospital

20 designation, the Department shall have the authority and

21 responsibility to do the following:

22 (A) Require hospitals applying for Acute

23 Stroke-Ready Hospital designation to attest, on a form

24 developed by the Department in consultation with the

25 State Stroke Advisory Subcommittee, that the hospital

26 meets, and will continue to meet, the criteria for an

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1 Acute Stroke-Ready Hospital.

2 (A-5) Require hospitals applying for Acute

3 Stroke-Ready Hospital designation via national Acute

4 Stroke-Ready Hospital certification to provide proof

5 of current Acute Stroke-Ready Hospital certification,

6 in good standing.

7 The Department shall require a hospital that is

8 already certified as an Acute Stroke-Ready Hospital to

9 send a copy of the Certificate to the Department.

10 Within 30 business days of the Department's

11 receipt of a hospital's Acute Stroke-Ready Certificate

12 and Application for Stroke Center Designation form

13 that indicates that the hospital is a certified Acute

14 Stroke-Ready Hospital, in good standing, the hospital

15 shall be deemed a State-designated Acute Stroke-Ready

16 Hospital. The Department shall send a designation

17 notice to each hospital that it designates as an Acute

18 Stroke-Ready Hospital and shall add the names of

19 designated Acute Stroke-Ready Hospitals to the website

20 listing immediately upon designation. The Department

21 shall immediately remove the name of a hospital from

22 the website listing when a hospital loses its

23 designation after notice and, if requested by the

24 hospital, a hearing.

25 The Department shall develop an Application for

26 Stroke Center Designation form that contains a

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1 statement that "The above named facility meets the

2 requirements for Acute Stroke-Ready Hospital

3 Designation as provided in Section 3.117 of the

4 Emergency Medical Services (EMS) Systems Act" and

5 shall instruct the applicant facility to provide: the

6 hospital name and address; the hospital CEO or

7 Administrator's typed name and signature; the hospital

8 Clinical Director of Stroke Care's typed name and

9 signature; and a contact person's typed name, email

10 address, and phone number.

11 The Application for Stroke Center Designation form

12 shall contain a statement that instructs the hospital

13 to "Provide proof of current Acute Stroke-Ready

14 Hospital certification from a nationally recognized

15 ~~nationally-recognized~~ certifying body approved by the

16 Department".

17 (B) Designate a hospital as an Acute Stroke-Ready

18 Hospital no more than 30 business days after receipt

19 of an attestation that meets the requirements for

20 attestation, unless the Department, within 30 days of

21 receipt of the attestation, chooses to conduct an

22 onsite survey prior to designation. If the Department

23 chooses to conduct an onsite survey prior to

24 designation, then the onsite survey shall be conducted

25 within 90 days of receipt of the attestation.

26 (C) Require annual written attestation, on a form

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1 developed by the Department in consultation with the

2 State Stroke Advisory Subcommittee, by Acute

3 Stroke-Ready Hospitals to indicate compliance with

4 Acute Stroke-Ready Hospital criteria, as described in

5 this Section, and automatically renew Acute

6 Stroke-Ready Hospital designation of the hospital.

7 (D) Issue an Emergency Suspension of Acute

8 Stroke-Ready Hospital designation when the Director,

9 or his or her designee, has determined that the

10 hospital no longer meets the Acute Stroke-Ready

11 Hospital criteria and an immediate and serious danger

12 to the public health, safety, and welfare exists. If

13 the Acute Stroke-Ready Hospital fails to eliminate the

14 violation immediately or within a fixed period of

15 time, not exceeding 10 days, as determined by the

16 Director, the Director may immediately revoke the

17 Acute Stroke-Ready Hospital designation. The Acute

18 Stroke-Ready Hospital may appeal the revocation within

19 15 business days after receiving the Director's

20 revocation order, by requesting an administrative

21 hearing.

22 (E) After notice and an opportunity for an

23 administrative hearing, suspend, revoke, or refuse to

24 renew an Acute Stroke-Ready Hospital designation, when

25 the Department finds the hospital is not in

26 substantial compliance with current Acute Stroke-Ready

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1 Hospital criteria.

2 (c) The Department shall consult with the State Stroke

3 Advisory Subcommittee for developing the designation,

4 re-designation, and de-designation processes for Comprehensive

5 Stroke Centers, Primary Stroke Centers, and Acute Stroke-Ready

6 Hospitals.

7 (d) The Department shall consult with the State Stroke

8 Advisory Subcommittee as subject matter experts at least

9 annually regarding stroke standards of care.

10 (Source: P.A. 100-513, eff. 1-1-18; revised 7-16-21.)

11 (210 ILCS 50/3.117.5)

12 Sec. 3.117.5. Hospital Stroke Care; grants.

13 (a) In order to encourage the establishment and retention

14 of Comprehensive Stroke Centers, Primary Stroke Centers, and

15 Acute Stroke-Ready Hospitals throughout the State, the

16 Director may award, subject to appropriation, matching grants

17 to hospitals to be used for the acquisition and maintenance of

18 necessary infrastructure, including personnel, equipment, and

19 pharmaceuticals for the diagnosis and treatment of acute

20 stroke patients. Grants may be used to pay the fee for

21 certifications by Department approved nationally recognized

22 ~~nationally-recognized~~ certifying bodies or to provide

23 additional training for directors of stroke care or for

24 hospital staff.

25 (b) The Director may award grant moneys to Comprehensive

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1 Stroke Centers, Primary Stroke Centers, and Acute Stroke-Ready

2 Hospitals for developing or enlarging stroke networks, for

3 stroke education, and to enhance the ability of the EMS System

4 to respond to possible acute stroke patients.

5 (c) A Comprehensive Stroke Center, Primary Stroke Center,

6 or Acute Stroke-Ready Hospital, or a hospital seeking

7 certification as a Comprehensive Stroke Center, Primary Stroke

8 Center, or Acute Stroke-Ready Hospital or designation as an

9 Acute Stroke-Ready Hospital, may apply to the Director for a

10 matching grant in a manner and form specified by the Director

11 and shall provide information as the Director deems necessary

12 to determine whether the hospital is eligible for the grant.

13 (d) Matching grant awards shall be made to Comprehensive

14 Stroke Centers, Primary Stroke Centers, Acute Stroke-Ready

15 Hospitals, or hospitals seeking certification or designation

16 as a Comprehensive Stroke Center, Primary Stroke Center, or

17 Acute Stroke-Ready Hospital. The Department may consider

18 prioritizing grant awards to hospitals in areas with the

19 highest incidence of stroke, taking into account geographic

20 diversity, where possible.

21 (Source: P.A. 98-1001, eff. 1-1-15; revised 7-16-21.)

22 Section 130. The Medical Practice Act of 1987 is amended

23 by changing Section 23 as follows:

24 (225 ILCS 60/23) (from Ch. 111, par. 4400-23)

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1 (Text of Section before amendment by P.A. 102-20)

2 (Section scheduled to be repealed on January 1, 2027)

3 Sec. 23. Reports relating to professional conduct and

4 capacity.

5 (A) Entities required to report.

6 (1) Health care institutions. The chief administrator

7 or executive officer of any health care institution

8 licensed by the Illinois Department of Public Health shall

9 report to the Disciplinary Board when any person's

10 clinical privileges are terminated or are restricted based

11 on a final determination made in accordance with that

12 institution's by-laws or rules and regulations that a

13 person has either committed an act or acts which may

14 directly threaten patient care or that a person may have a

15 mental or physical disability that may endanger patients

16 under that person's care. Such officer also shall report

17 if a person accepts voluntary termination or restriction

18 of clinical privileges in lieu of formal action based upon

19 conduct related directly to patient care or in lieu of

20 formal action seeking to determine whether a person may

21 have a mental or physical disability that may endanger

22 patients under that person's care. The Disciplinary Board

23 shall, by rule, provide for the reporting to it by health

24 care institutions of all instances in which a person,

25 licensed under this Act, who is impaired by reason of age,

26 drug or alcohol abuse or physical or mental impairment, is

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1 under supervision and, where appropriate, is in a program

2 of rehabilitation. Such reports shall be strictly

3 confidential and may be reviewed and considered only by

4 the members of the Disciplinary Board, or by authorized

5 staff as provided by rules of the Disciplinary Board.

6 Provisions shall be made for the periodic report of the

7 status of any such person not less than twice annually in

8 order that the Disciplinary Board shall have current

9 information upon which to determine the status of any such

10 person. Such initial and periodic reports of impaired

11 physicians shall not be considered records within the

12 meaning of the ~~The~~State Records Act and shall be disposed

13 of, following a determination by the Disciplinary Board

14 that such reports are no longer required, in a manner and

15 at such time as the Disciplinary Board shall determine by

16 rule. The filing of such reports shall be construed as the

17 filing of a report for purposes of subsection (C) of this

18 Section.

19 (1.5) Clinical training programs. The program director

20 of any post-graduate clinical training program shall

21 report to the Disciplinary Board if a person engaged in a

22 post-graduate clinical training program at the

23 institution, including, but not limited to, a residency or

24 fellowship, separates from the program for any reason

25 prior to its conclusion. The program director shall

26 provide all documentation relating to the separation if,

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1 after review of the report, the Disciplinary Board

2 determines that a review of those documents is necessary

3 to determine whether a violation of this Act occurred.

4 (2) Professional associations. The President or chief

5 executive officer of any association or society, of

6 persons licensed under this Act, operating within this

7 State shall report to the Disciplinary Board when the

8 association or society renders a final determination that

9 a person has committed unprofessional conduct related

10 directly to patient care or that a person may have a mental

11 or physical disability that may endanger patients under

12 that person's care.

13 (3) Professional liability insurers. Every insurance

14 company which offers policies of professional liability

15 insurance to persons licensed under this Act, or any other

16 entity which seeks to indemnify the professional liability

17 of a person licensed under this Act, shall report to the

18 Disciplinary Board the settlement of any claim or cause of

19 action, or final judgment rendered in any cause of action,

20 which alleged negligence in the furnishing of medical care

21 by such licensed person when such settlement or final

22 judgment is in favor of the plaintiff.

23 (4) State's Attorneys. The State's Attorney of each

24 county shall report to the Disciplinary Board, within 5

25 days, any instances in which a person licensed under this

26 Act is convicted of any felony or Class A misdemeanor. The

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1 State's Attorney of each county may report to the

2 Disciplinary Board through a verified complaint any

3 instance in which the State's Attorney believes that a

4 physician has willfully violated the notice requirements

5 of the Parental Notice of Abortion Act of 1995.

6 (5) State agencies. All agencies, boards, commissions,

7 departments, or other instrumentalities of the government

8 of the State of Illinois shall report to the Disciplinary

9 Board any instance arising in connection with the

10 operations of such agency, including the administration of

11 any law by such agency, in which a person licensed under

12 this Act has either committed an act or acts which may be a

13 violation of this Act or which may constitute

14 unprofessional conduct related directly to patient care or

15 which indicates that a person licensed under this Act may

16 have a mental or physical disability that may endanger

17 patients under that person's care.

18 (B) Mandatory reporting. All reports required by items

19 (34), (35), and (36) of subsection (A) of Section 22 and by

20 Section 23 shall be submitted to the Disciplinary Board in a

21 timely fashion. Unless otherwise provided in this Section, the

22 reports shall be filed in writing within 60 days after a

23 determination that a report is required under this Act. All

24 reports shall contain the following information:

25 (1) The name, address and telephone number of the

26 person making the report.

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1 (2) The name, address and telephone number of the

2 person who is the subject of the report.

3 (3) The name and date of birth of any patient or

4 patients whose treatment is a subject of the report, if

5 available, or other means of identification if such

6 information is not available, identification of the

7 hospital or other healthcare facility where the care at

8 issue in the report was rendered, provided, however, no

9 medical records may be revealed.

10 (4) A brief description of the facts which gave rise

11 to the issuance of the report, including the dates of any

12 occurrences deemed to necessitate the filing of the

13 report.

14 (5) If court action is involved, the identity of the

15 court in which the action is filed, along with the docket

16 number and date of filing of the action.

17 (6) Any further pertinent information which the

18 reporting party deems to be an aid in the evaluation of the

19 report.

20 The Disciplinary Board or Department may also exercise the

21 power under Section 38 of this Act to subpoena copies of

22 hospital or medical records in mandatory report cases alleging

23 death or permanent bodily injury. Appropriate rules shall be

24 adopted by the Department with the approval of the

25 Disciplinary Board.

26 When the Department has received written reports

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1 concerning incidents required to be reported in items (34),

2 (35), and (36) of subsection (A) of Section 22, the licensee's

3 failure to report the incident to the Department under those

4 items shall not be the sole grounds for disciplinary action.

5 Nothing contained in this Section shall act to,in any

6 way, waive or modify the confidentiality of medical reports

7 and committee reports to the extent provided by law. Any

8 information reported or disclosed shall be kept for the

9 confidential use of the Disciplinary Board, the Medical

10 Coordinators, the Disciplinary Board's attorneys, the medical

11 investigative staff, and authorized clerical staff, as

12 provided in this Act, and shall be afforded the same status as

13 is provided information concerning medical studies in Part 21

14 of Article VIII of the Code of Civil Procedure, except that the

15 Department may disclose information and documents to a

16 federal, State, or local law enforcement agency pursuant to a

17 subpoena in an ongoing criminal investigation or to a health

18 care licensing body or medical licensing authority of this

19 State or another state or jurisdiction pursuant to an official

20 request made by that licensing body or medical licensing

21 authority. Furthermore, information and documents disclosed to

22 a federal, State, or local law enforcement agency may be used

23 by that agency only for the investigation and prosecution of a

24 criminal offense, or, in the case of disclosure to a health

25 care licensing body or medical licensing authority, only for

26 investigations and disciplinary action proceedings with regard

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1 to a license. Information and documents disclosed to the

2 Department of Public Health may be used by that Department

3 only for investigation and disciplinary action regarding the

4 license of a health care institution licensed by the

5 Department of Public Health.

6 (C) Immunity from prosecution. Any individual or

7 organization acting in good faith, and not in a wilful and

8 wanton manner, in complying with this Act by providing any

9 report or other information to the Disciplinary Board or a

10 peer review committee, or assisting in the investigation or

11 preparation of such information, or by voluntarily reporting

12 to the Disciplinary Board or a peer review committee

13 information regarding alleged errors or negligence by a person

14 licensed under this Act, or by participating in proceedings of

15 the Disciplinary Board or a peer review committee, or by

16 serving as a member of the Disciplinary Board or a peer review

17 committee, shall not, as a result of such actions, be subject

18 to criminal prosecution or civil damages.

19 (D) Indemnification. Members of the Disciplinary Board,

20 the Licensing Board, the Medical Coordinators, the

21 Disciplinary Board's attorneys, the medical investigative

22 staff, physicians retained under contract to assist and advise

23 the medical coordinators in the investigation, and authorized

24 clerical staff shall be indemnified by the State for any

25 actions occurring within the scope of services on the

26 Disciplinary Board or Licensing Board, done in good faith and

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1 not wilful and wanton in nature. The Attorney General shall

2 defend all such actions unless he or she determines either

3 that there would be a conflict of interest in such

4 representation or that the actions complained of were not in

5 good faith or were wilful and wanton.

6 Should the Attorney General decline representation, the

7 member shall have the right to employ counsel of his or her

8 choice, whose fees shall be provided by the State, after

9 approval by the Attorney General, unless there is a

10 determination by a court that the member's actions were not in

11 good faith or were wilful and wanton.

12 The member must notify the Attorney General within 7 days

13 of receipt of notice of the initiation of any action involving

14 services of the Disciplinary Board. Failure to so notify the

15 Attorney General shall constitute an absolute waiver of the

16 right to a defense and indemnification.

17 The Attorney General shall determine within 7 days after

18 receiving such notice, whether he or she will undertake to

19 represent the member.

20 (E) Deliberations of Disciplinary Board. Upon the receipt

21 of any report called for by this Act, other than those reports

22 of impaired persons licensed under this Act required pursuant

23 to the rules of the Disciplinary Board, the Disciplinary Board

24 shall notify in writing, by certified mail, the person who is

25 the subject of the report. Such notification shall be made

26 within 30 days of receipt by the Disciplinary Board of the

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1 report.

2 The notification shall include a written notice setting

3 forth the person's right to examine the report. Included in

4 such notification shall be the address at which the file is

5 maintained, the name of the custodian of the reports, and the

6 telephone number at which the custodian may be reached. The

7 person who is the subject of the report shall submit a written

8 statement responding, clarifying, adding to, or proposing the

9 amending of the report previously filed. The person who is the

10 subject of the report shall also submit with the written

11 statement any medical records related to the report. The

12 statement and accompanying medical records shall become a

13 permanent part of the file and must be received by the

14 Disciplinary Board no more than 30 days after the date on which

15 the person was notified by the Disciplinary Board of the

16 existence of the original report.

17 The Disciplinary Board shall review all reports received

18 by it, together with any supporting information and responding

19 statements submitted by persons who are the subject of

20 reports. The review by the Disciplinary Board shall be in a

21 timely manner but in no event, shall the Disciplinary Board's

22 initial review of the material contained in each disciplinary

23 file be less than 61 days nor more than 180 days after the

24 receipt of the initial report by the Disciplinary Board.

25 When the Disciplinary Board makes its initial review of

26 the materials contained within its disciplinary files, the

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1 Disciplinary Board shall, in writing, make a determination as

2 to whether there are sufficient facts to warrant further

3 investigation or action. Failure to make such determination

4 within the time provided shall be deemed to be a determination

5 that there are not sufficient facts to warrant further

6 investigation or action.

7 Should the Disciplinary Board find that there are not

8 sufficient facts to warrant further investigation, or action,

9 the report shall be accepted for filing and the matter shall be

10 deemed closed and so reported to the Secretary. The Secretary

11 shall then have 30 days to accept the Disciplinary Board's

12 decision or request further investigation. The Secretary shall

13 inform the Board of the decision to request further

14 investigation, including the specific reasons for the

15 decision. The individual or entity filing the original report

16 or complaint and the person who is the subject of the report or

17 complaint shall be notified in writing by the Secretary of any

18 final action on their report or complaint. The Department

19 shall disclose to the individual or entity who filed the

20 original report or complaint, on request, the status of the

21 Disciplinary Board's review of a specific report or complaint.

22 Such request may be made at any time, including prior to the

23 Disciplinary Board's determination as to whether there are

24 sufficient facts to warrant further investigation or action.

25 (F) Summary reports. The Disciplinary Board shall prepare,

26 on a timely basis, but in no event less than once every other

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1 month, a summary report of final disciplinary actions taken

2 upon disciplinary files maintained by the Disciplinary Board.

3 The summary reports shall be made available to the public upon

4 request and payment of the fees set by the Department. This

5 publication may be made available to the public on the

6 Department's website. Information or documentation relating to

7 any disciplinary file that is closed without disciplinary

8 action taken shall not be disclosed and shall be afforded the

9 same status as is provided by Part 21 of Article VIII of the

10 Code of Civil Procedure.

11 (G) Any violation of this Section shall be a Class A

12 misdemeanor.

13 (H) If any such person violates the provisions of this

14 Section an action may be brought in the name of the People of

15 the State of Illinois, through the Attorney General of the

16 State of Illinois, for an order enjoining such violation or

17 for an order enforcing compliance with this Section. Upon

18 filing of a verified petition in such court, the court may

19 issue a temporary restraining order without notice or bond and

20 may preliminarily or permanently enjoin such violation, and if

21 it is established that such person has violated or is

22 violating the injunction, the court may punish the offender

23 for contempt of court. Proceedings under this paragraph shall

24 be in addition to, and not in lieu of, all other remedies and

25 penalties provided for by this Section.

26 (Source: P.A. 98-601, eff. 12-30-13; 99-143, eff. 7-27-15;

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1 revised 7-20-21.)

2 (Text of Section after amendment by P.A. 102-20)

3 (Section scheduled to be repealed on January 1, 2027)

4 Sec. 23. Reports relating to professional conduct and

5 capacity.

6 (A) Entities required to report.

7 (1) Health care institutions. The chief administrator

8 or executive officer of any health care institution

9 licensed by the Illinois Department of Public Health shall

10 report to the Medical Board when any person's clinical

11 privileges are terminated or are restricted based on a

12 final determination made in accordance with that

13 institution's by-laws or rules and regulations that a

14 person has either committed an act or acts which may

15 directly threaten patient care or that a person may have a

16 mental or physical disability that may endanger patients

17 under that person's care. Such officer also shall report

18 if a person accepts voluntary termination or restriction

19 of clinical privileges in lieu of formal action based upon

20 conduct related directly to patient care or in lieu of

21 formal action seeking to determine whether a person may

22 have a mental or physical disability that may endanger

23 patients under that person's care. The Medical Board

24 shall, by rule, provide for the reporting to it by health

25 care institutions of all instances in which a person,

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1 licensed under this Act, who is impaired by reason of age,

2 drug or alcohol abuse or physical or mental impairment, is

3 under supervision and, where appropriate, is in a program

4 of rehabilitation. Such reports shall be strictly

5 confidential and may be reviewed and considered only by

6 the members of the Medical Board, or by authorized staff

7 as provided by rules of the Medical Board. Provisions

8 shall be made for the periodic report of the status of any

9 such person not less than twice annually in order that the

10 Medical Board shall have current information upon which to

11 determine the status of any such person. Such initial and

12 periodic reports of impaired physicians shall not be

13 considered records within the meaning ofthe ~~The~~ State

14 Records Act and shall be disposed of, following a

15 determination by the Medical Board that such reports are

16 no longer required, in a manner and at such time as the

17 Medical Board shall determine by rule. The filing of such

18 reports shall be construed as the filing of a report for

19 purposes of subsection (C) of this Section.

20 (1.5) Clinical training programs. The program director

21 of any post-graduate clinical training program shall

22 report to the Medical Board if a person engaged in a

23 post-graduate clinical training program at the

24 institution, including, but not limited to, a residency or

25 fellowship, separates from the program for any reason

26 prior to its conclusion. The program director shall

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1 provide all documentation relating to the separation if,

2 after review of the report, the Medical Board determines

3 that a review of those documents is necessary to determine

4 whether a violation of this Act occurred.

5 (2) Professional associations. The President or chief

6 executive officer of any association or society, of

7 persons licensed under this Act, operating within this

8 State shall report to the Medical Board when the

9 association or society renders a final determination that

10 a person has committed unprofessional conduct related

11 directly to patient care or that a person may have a mental

12 or physical disability that may endanger patients under

13 that person's care.

14 (3) Professional liability insurers. Every insurance

15 company which offers policies of professional liability

16 insurance to persons licensed under this Act, or any other

17 entity which seeks to indemnify the professional liability

18 of a person licensed under this Act, shall report to the

19 Medical Board the settlement of any claim or cause of

20 action, or final judgment rendered in any cause of action,

21 which alleged negligence in the furnishing of medical care

22 by such licensed person when such settlement or final

23 judgment is in favor of the plaintiff.

24 (4) State's Attorneys. The State's Attorney of each

25 county shall report to the Medical Board, within 5 days,

26 any instances in which a person licensed under this Act is

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1 convicted of any felony or Class A misdemeanor. The

2 State's Attorney of each county may report to the Medical

3 Board through a verified complaint any instance in which

4 the State's Attorney believes that a physician has

5 willfully violated the notice requirements of the Parental

6 Notice of Abortion Act of 1995.

7 (5) State agencies. All agencies, boards, commissions,

8 departments, or other instrumentalities of the government

9 of the State of Illinois shall report to the Medical Board

10 any instance arising in connection with the operations of

11 such agency, including the administration of any law by

12 such agency, in which a person licensed under this Act has

13 either committed an act or acts which may be a violation of

14 this Act or which may constitute unprofessional conduct

15 related directly to patient care or which indicates that a

16 person licensed under this Act may have a mental or

17 physical disability that may endanger patients under that

18 person's care.

19 (B) Mandatory reporting. All reports required by items

20 (34), (35), and (36) of subsection (A) of Section 22 and by

21 Section 23 shall be submitted to the Medical Board in a timely

22 fashion. Unless otherwise provided in this Section, the

23 reports shall be filed in writing within 60 days after a

24 determination that a report is required under this Act. All

25 reports shall contain the following information:

26 (1) The name, address and telephone number of the

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1 person making the report.

2 (2) The name, address and telephone number of the

3 person who is the subject of the report.

4 (3) The name and date of birth of any patient or

5 patients whose treatment is a subject of the report, if

6 available, or other means of identification if such

7 information is not available, identification of the

8 hospital or other healthcare facility where the care at

9 issue in the report was rendered, provided, however, no

10 medical records may be revealed.

11 (4) A brief description of the facts which gave rise

12 to the issuance of the report, including the dates of any

13 occurrences deemed to necessitate the filing of the

14 report.

15 (5) If court action is involved, the identity of the

16 court in which the action is filed, along with the docket

17 number and date of filing of the action.

18 (6) Any further pertinent information which the

19 reporting party deems to be an aid in the evaluation of the

20 report.

21 The Medical Board or Department may also exercise the

22 power under Section 38 of this Act to subpoena copies of

23 hospital or medical records in mandatory report cases alleging

24 death or permanent bodily injury. Appropriate rules shall be

25 adopted by the Department with the approval of the Medical

26 Board.

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1 When the Department has received written reports

2 concerning incidents required to be reported in items (34),

3 (35), and (36) of subsection (A) of Section 22, the licensee's

4 failure to report the incident to the Department under those

5 items shall not be the sole grounds for disciplinary action.

6 Nothing contained in this Section shall act to,in any

7 way, waive or modify the confidentiality of medical reports

8 and committee reports to the extent provided by law. Any

9 information reported or disclosed shall be kept for the

10 confidential use of the Medical Board, the Medical

11 Coordinators, the Medical Board's attorneys, the medical

12 investigative staff, and authorized clerical staff, as

13 provided in this Act, and shall be afforded the same status as

14 is provided information concerning medical studies in Part 21

15 of Article VIII of the Code of Civil Procedure, except that the

16 Department may disclose information and documents to a

17 federal, State, or local law enforcement agency pursuant to a

18 subpoena in an ongoing criminal investigation or to a health

19 care licensing body or medical licensing authority of this

20 State or another state or jurisdiction pursuant to an official

21 request made by that licensing body or medical licensing

22 authority. Furthermore, information and documents disclosed to

23 a federal, State, or local law enforcement agency may be used

24 by that agency only for the investigation and prosecution of a

25 criminal offense, or, in the case of disclosure to a health

26 care licensing body or medical licensing authority, only for

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1 investigations and disciplinary action proceedings with regard

2 to a license. Information and documents disclosed to the

3 Department of Public Health may be used by that Department

4 only for investigation and disciplinary action regarding the

5 license of a health care institution licensed by the

6 Department of Public Health.

7 (C) Immunity from prosecution. Any individual or

8 organization acting in good faith, and not in a wilful and

9 wanton manner, in complying with this Act by providing any

10 report or other information to the Medical Board or a peer

11 review committee, or assisting in the investigation or

12 preparation of such information, or by voluntarily reporting

13 to the Medical Board or a peer review committee information

14 regarding alleged errors or negligence by a person licensed

15 under this Act, or by participating in proceedings of the

16 Medical Board or a peer review committee, or by serving as a

17 member of the Medical Board or a peer review committee, shall

18 not, as a result of such actions, be subject to criminal

19 prosecution or civil damages.

20 (D) Indemnification. Members of the Medical Board, the

21 Medical Coordinators, the Medical Board's attorneys, the

22 medical investigative staff, physicians retained under

23 contract to assist and advise the medical coordinators in the

24 investigation, and authorized clerical staff shall be

25 indemnified by the State for any actions occurring within the

26 scope of services on the Medical Board, done in good faith and

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1 not wilful and wanton in nature. The Attorney General shall

2 defend all such actions unless he or she determines either

3 that there would be a conflict of interest in such

4 representation or that the actions complained of were not in

5 good faith or were wilful and wanton.

6 Should the Attorney General decline representation, the

7 member shall have the right to employ counsel of his or her

8 choice, whose fees shall be provided by the State, after

9 approval by the Attorney General, unless there is a

10 determination by a court that the member's actions were not in

11 good faith or were wilful and wanton.

12 The member must notify the Attorney General within 7 days

13 of receipt of notice of the initiation of any action involving

14 services of the Medical Board. Failure to so notify the

15 Attorney General shall constitute an absolute waiver of the

16 right to a defense and indemnification.

17 The Attorney General shall determine within 7 days after

18 receiving such notice, whether he or she will undertake to

19 represent the member.

20 (E) Deliberations of Medical Board. Upon the receipt of

21 any report called for by this Act, other than those reports of

22 impaired persons licensed under this Act required pursuant to

23 the rules of the Medical Board, the Medical Board shall notify

24 in writing, by mail or email, the person who is the subject of

25 the report. Such notification shall be made within 30 days of

26 receipt by the Medical Board of the report.

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1 The notification shall include a written notice setting

2 forth the person's right to examine the report. Included in

3 such notification shall be the address at which the file is

4 maintained, the name of the custodian of the reports, and the

5 telephone number at which the custodian may be reached. The

6 person who is the subject of the report shall submit a written

7 statement responding, clarifying, adding to, or proposing the

8 amending of the report previously filed. The person who is the

9 subject of the report shall also submit with the written

10 statement any medical records related to the report. The

11 statement and accompanying medical records shall become a

12 permanent part of the file and must be received by the Medical

13 Board no more than 30 days after the date on which the person

14 was notified by the Medical Board of the existence of the

15 original report.

16 The Medical Board shall review all reports received by it,

17 together with any supporting information and responding

18 statements submitted by persons who are the subject of

19 reports. The review by the Medical Board shall be in a timely

20 manner but in no event, shall the Medical Board's initial

21 review of the material contained in each disciplinary file be

22 less than 61 days nor more than 180 days after the receipt of

23 the initial report by the Medical Board.

24 When the Medical Board makes its initial review of the

25 materials contained within its disciplinary files, the Medical

26 Board shall, in writing, make a determination as to whether

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1 there are sufficient facts to warrant further investigation or

2 action. Failure to make such determination within the time

3 provided shall be deemed to be a determination that there are

4 not sufficient facts to warrant further investigation or

5 action.

6 Should the Medical Board find that there are not

7 sufficient facts to warrant further investigation, or action,

8 the report shall be accepted for filing and the matter shall be

9 deemed closed and so reported to the Secretary. The Secretary

10 shall then have 30 days to accept the Medical Board's decision

11 or request further investigation. The Secretary shall inform

12 the Medical Board of the decision to request further

13 investigation, including the specific reasons for the

14 decision. The individual or entity filing the original report

15 or complaint and the person who is the subject of the report or

16 complaint shall be notified in writing by the Secretary of any

17 final action on their report or complaint. The Department

18 shall disclose to the individual or entity who filed the

19 original report or complaint, on request, the status of the

20 Medical Board's review of a specific report or complaint. Such

21 request may be made at any time, including prior to the Medical

22 Board's determination as to whether there are sufficient facts

23 to warrant further investigation or action.

24 (F) Summary reports. The Medical Board shall prepare, on a

25 timely basis, but in no event less than once every other month,

26 a summary report of final disciplinary actions taken upon

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1 disciplinary files maintained by the Medical Board. The

2 summary reports shall be made available to the public upon

3 request and payment of the fees set by the Department. This

4 publication may be made available to the public on the

5 Department's website. Information or documentation relating to

6 any disciplinary file that is closed without disciplinary

7 action taken shall not be disclosed and shall be afforded the

8 same status as is provided by Part 21 of Article VIII of the

9 Code of Civil Procedure.

10 (G) Any violation of this Section shall be a Class A

11 misdemeanor.

12 (H) If any such person violates the provisions of this

13 Section an action may be brought in the name of the People of

14 the State of Illinois, through the Attorney General of the

15 State of Illinois, for an order enjoining such violation or

16 for an order enforcing compliance with this Section. Upon

17 filing of a verified petition in such court, the court may

18 issue a temporary restraining order without notice or bond and

19 may preliminarily or permanently enjoin such violation, and if

20 it is established that such person has violated or is

21 violating the injunction, the court may punish the offender

22 for contempt of court. Proceedings under this paragraph shall

23 be in addition to, and not in lieu of, all other remedies and

24 penalties provided for by this Section.

25 (Source: P.A. 102-20, eff. 1-1-22; revised 7-20-21.)

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1 Section 135. The Veterinary Medicine and Surgery Practice

2 Act of 2004 is amended by changing Section 25.2a as follows:

3 (225 ILCS 115/25.2a)

4 (Section scheduled to be repealed on January 1, 2024)

5 Sec. 25.2a. Confidentiality. All information collected by

6 the Department in the course of an examination or

7 investigation of a licensee or applicant, including, but not

8 limited to, any complaint against a licensee filed with the

9 Department and information collected to investigate any such

10 complaint, shall be maintained for the confidential use of the

11 Department and shall not be disclosed. The Department may not

12 disclose the information to anyone other than law enforcement

13 officials, other regulatory agencies that have an appropriate

14 regulatory interest as determined by the Secretary, or ~~to~~ a

15 party presenting a lawful subpoena to the Department.

16 Information and documents disclosed to a federal, State,

17 county, or local law enforcement agency shall not be disclosed

18 by the agency for any purpose to any other agency or person. A

19 formal complaint filed against a licensee by the Department or

20 any order issued by the Department against a licensee or

21 applicant shall be a public record, except as otherwise

22 prohibited by law.

23 (Source: P.A. 98-339, eff. 12-31-13; revised 7-16-21.)

24 Section 140. The Cemetery Oversight Act is amended by

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1 changing Section 25-10 as follows:

2 (225 ILCS 411/25-10)

3 (Section scheduled to be repealed on January 1, 2027)

4 Sec. 25-10. Grounds for disciplinary action.

5 (a) The Department may refuse to issue or renew a license

6 or may revoke, suspend, place on probation, reprimand, or take

7 other disciplinary or non-disciplinary action as the

8 Department may deem appropriate, including fines not to exceed

9 $10,000 for each violation, with regard to any license under

10 this Act, for any one or combination of the following:

11 (1) Material misstatement in furnishing information to

12 the Department.

13 (2) Violations of this Act, except for Section 20-8.

14 (3) Conviction of or entry of a plea of guilty or nolo

15 contendere, finding of guilt, jury verdict, or entry of

16 judgment or sentencing, including, but not limited to,

17 convictions, preceding sentences of supervision,

18 conditional discharge, or first offender probation under

19 the law of any jurisdiction of the United States that is

20 (i) a Class X felony or (ii) a felony, an essential element

21 of which is fraud or dishonesty that is directly related

22 to the practice of cemetery operations.

23 (4) Fraud or any misrepresentation in applying for or

24 procuring a license under this Act or in connection with

25 applying for renewal.

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1 (5) Incompetence or misconduct in the practice of

2 cemetery operations.

3 (6) Gross malpractice.

4 (7) Aiding or assisting another person in violating

5 any provision of this Act or rules adopted under this Act.

6 (8) Failing, within 10 business days, to provide

7 information in response to a written request made by the

8 Department.

9 (9) Engaging in dishonorable, unethical, or

10 unprofessional conduct of a character likely to deceive,

11 defraud, or harm the public.

12 (10) Habitual or excessive use or abuse of drugs

13 defined in law as controlled substances, alcohol,

14 narcotics, stimulants, or any other substances that

15 results in the inability to practice pursuant to the

16 provisions of this Act with reasonable judgment, skill, or

17 safety while acting under the provisions of this Act.

18 (11) Discipline by another state, territory, foreign

19 country, the District of Columbia, the United States

20 government, or any other government agency, if at least

21 one of the grounds for the discipline is the same or

22 substantially equivalent to those set forth in this Act.

23 (12) Directly or indirectly giving to or receiving

24 from any person, firm, corporation, partnership, or

25 association any fee, commission, rebate, or other form of

26 compensation for professional services not actually or

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1 personally rendered.

2 (13) A finding by the Department that the licensee,

3 after having his or her license placed on probationary

4 status, has violated the terms of probation or failed to

5 comply with such terms.

6 (14) Willfully making or filing false records or

7 reports in his or her practice, including, but not limited

8 to, false records filed with any governmental agency or

9 department.

10 (15) Inability to practice the profession with

11 reasonable judgment, skill, or safety as a result of

12 physical illness, including, but not limited to, loss of

13 motor skill, mental illness, or disability.

14 (16) Failure to comply with an order, decision, or

15 finding of the Department made pursuant to this Act.

16 (17) Directly or indirectly receiving compensation for

17 any professional services not actually performed.

18 (18) Practicing under a false or, except as provided

19 by law, an assumed name.

20 (19) Using or attempting to use an expired, inactive,

21 suspended, or revoked license or impersonating another

22 licensee.

23 (20) A finding by the Department that an applicant or

24 licensee has failed to pay a fine imposed by the

25 Department.

26 (21) Unjustified failure to honor its contracts.

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1 (22) Negligent supervision of a cemetery manager,

2 customer service employee, employee, or independent

3 contractor.

4 (23) (Blank).

5 (24) (Blank).

6 (25) (Blank).

7 (b) No action may be taken under this Act against a person

8 licensed under this Act for an occurrence or alleged

9 occurrence that predates the enactment of this Act.

10 (c) In enforcing this Section, the Department, upon a

11 showing of a possible violation, may order a licensee or

12 applicant to submit to a mental or physical examination, or

13 both, at the expense of the Department. The Department may

14 order the examining physician to present testimony concerning

15 his or her examination of the licensee or applicant. No

16 information shall be excluded by reason of any common law or

17 statutory privilege relating to communications between the

18 licensee or applicant and the examining physician. The

19 examining physicians shall be specifically designated by the

20 Department. The licensee or applicant may have, at his or her

21 own expense, another physician of his or her choice present

22 during all aspects of the examination. Failure of a licensee

23 or applicant to submit to any such examination when directed,

24 without reasonable cause, shall be grounds for either

25 immediate suspension ~~suspending~~ of his or her license or

26 immediate denial of his or her application.

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1 (1) If the Secretary immediately suspends the license

2 of a licensee for his or her failure to submit to a mental

3 or physical examination when directed, a hearing must be

4 convened by the Department within 15 days after the

5 suspension and completed without appreciable delay.

6 (2) If the Secretary otherwise suspends a license

7 pursuant to the results of the licensee's mental or

8 physical examination, a hearing must be convened by the

9 Department within 15 days after the suspension and

10 completed without appreciable delay. The Department shall

11 have the authority to review the licensee's record of

12 treatment and counseling regarding the relevant impairment

13 or impairments to the extent permitted by applicable

14 federal statutes and regulations safeguarding the

15 confidentiality of medical records.

16 (3) Any licensee suspended under this subsection shall

17 be afforded an opportunity to demonstrate to the

18 Department that he or she can resume practice in

19 compliance with the acceptable and prevailing standards

20 under the provisions of his or her license.

21 (d) 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. Such suspension may

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 the issuance of an order so finding and discharging the

2 patient, and the filing of a petition for restoration

3 demonstrating fitness to practice.

4 (e) In cases where the Department of Healthcare and Family

5 Services has previously determined that a licensee or a

6 potential licensee is more than 30 days delinquent in the

7 payment of child support and has subsequently certified the

8 delinquency to the Department, the Department shall refuse to

9 issue or renew or shall revoke or suspend that person's

10 license or shall take other disciplinary action against that

11 person based solely upon the certification of delinquency made

12 by the Department of Healthcare and Family Services under

13 paragraph (5) of subsection (a) of Section 2105-15 of the

14 Department of Professional Regulation Law of the Civil

15 Administrative Code of Illinois.

16 (f) The Department shall refuse to issue or renew or shall

17 revoke or suspend a person's license or shall take other

18 disciplinary action against that person for his or her failure

19 to file a return, to pay the tax, penalty, or interest shown in

20 a filed return, or to pay any final assessment of tax, penalty,

21 or interest as required by any tax Act administered by the

22 Department of Revenue, until the requirements of the tax Act

23 are satisfied in accordance with subsection (g) of Section

24 2105-15 of the Department of Professional Regulation Law of

25 the Civil Administrative Code of Illinois.

26 (Source: P.A. 102-20, eff. 6-25-21; revised 7-20-21.)

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1 Section 145. The Real Estate Appraiser Licensing Act of

2 2002 is amended by changing Sections 1-5, 1-10, and 25-20 as

3 follows:

4 (225 ILCS 458/1-5)

5 (Section scheduled to be repealed on January 1, 2027)

6 Sec. 1-5. Legislative intent. The intent of the General

7 Assembly in enacting this Act is to evaluate the competency of

8 persons engaged in the appraisal of real estate and to license

9 and regulate those persons for the protection of the public.

10 Additionally, it is the intent of the General Assembly for

11 this Act to be consistent with the provisions of Title XI of

12 the federal Financial Institutions Reform, Recovery, and

13 Enforcement Act of 1989.

14 (Source: P.A. 98-1109, eff. 1-1-15; revised 8-2-21.)

15 (225 ILCS 458/1-10)

16 (Text of Section before amendment by P.A. 102-20)

17 (Section scheduled to be repealed on January 1, 2027)

18 Sec. 1-10. Definitions. As used in this Act, unless the

19 context otherwise requires:

20 "Accredited college or university, junior college, or

21 community college" means a college or university, junior

22 college, or community college that is approved or accredited

23 by the Board of Higher Education, a regional or national

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1 accreditation association, or by an accrediting agency that is

2 recognized by the U.S. Secretary of Education.

3 "Address of record" means the designated address recorded

4 by the Department in the applicant's or licensee's application

5 file or license file as maintained by the Department's

6 licensure maintenance unit. It is the duty of the applicant or

7 licensee to inform the Department of any change of address and

8 those changes must be made either through the Department's

9 website or by contacting the Department.

10 "Applicant" means aperson who applies to the Department

11 for a license under this Act.

12 "Appraisal" means (noun) the act or process of developing

13 an opinion of value; an opinion of value (adjective) of or

14 pertaining to appraising and related functions, such as

15 appraisal practice or appraisal services.

16 "Appraisal assignment" means a valuation service provided

17 as a consequence of an agreement between an appraiser and a

18 client.

19 "Appraisal consulting" means the act or process of

20 developing an analysis, recommendation, or opinion to solve a

21 problem, where an opinion of value is a component of the

22 analysis leading to the assignment results.

23 "Appraisal firm" means an appraisal entity that is 100%

24 owned and controlled by a person or persons licensed in

25 Illinois as a certified general real estate appraiser or a

26 certified residential real estate appraiser. "Appraisal firm"

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1 does not include an appraisal management company.

2 "Appraisal management company" means any corporation,

3 limited liability company, partnership, sole proprietorship,

4 subsidiary, unit, or other business entity that directly or

5 indirectly: (1) provides appraisal management services to

6 creditors or secondary mortgage market participants; (2)

7 provides appraisal management services in connection with

8 valuing the consumer's principal dwelling as security for a

9 consumer credit transaction (including consumer credit

10 transactions incorporated into securitizations); (3) within a

11 given year, oversees an appraiser panel of any size of

12 State-certified appraisers in Illinois; and (4) any appraisal

13 management company that, within a given year, oversees an

14 appraiser panel of 16 or more State-certified appraisers in

15 Illinois or 25 or more State-certified or State-licensed

16 appraisers in 2 or more jurisdictions shall be subject to the

17 appraisal management company national registry fee in addition

18 to the appraiser panel fee. "Appraisal management company"

19 includes a hybrid entity.

20 "Appraisal practice" means valuation services performed by

21 an individual acting as an appraiser, including, but not

22 limited to, appraisal, appraisal review, or appraisal

23 consulting.

24 "Appraisal report" means any communication, written or

25 oral, of an appraisal or appraisal review that is transmitted

26 to a client upon completion of an assignment.

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1 "Appraisal review" means the act or process of developing

2 and communicating an opinion about the quality of another

3 appraiser's work that was performed as part of an appraisal,

4 appraisal review, or appraisal assignment.

5 "Appraisal Subcommittee" means the Appraisal Subcommittee

6 of the Federal Financial Institutions Examination Council as

7 established by Title XI.

8 "Appraiser" means a person who performs real estate or

9 real property appraisals.

10 "AQB" means the Appraisal Qualifications Board of the

11 Appraisal Foundation.

12 "Associate real estate trainee appraiser" means an

13 entry-level appraiser who holds a license of this

14 classification under this Act with restrictions as to the

15 scope of practice in accordance with this Act.

16 "Board" means the Real Estate Appraisal Administration and

17 Disciplinary Board.

18 "Broker price opinion" means an estimate or analysis of

19 the probable selling price of a particular interest in real

20 estate, which may provide a varying level of detail about the

21 property's condition, market, and neighborhood and information

22 on comparable sales. The activities of a real estate broker or

23 managing broker engaging in the ordinary course of business as

24 a broker, as defined in this Section, shall not be considered a

25 broker price opinion if no compensation is paid to the broker

26 or managing broker, other than compensation based upon the

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1 sale or rental of real estate.

2 "Classroom hour" means 50 minutes of instruction out of

3 each 60-minute ~~60 minute~~segment of coursework.

4 "Client" means the party or parties who engage an

5 appraiser by employment or contract in a specific appraisal

6 assignment.

7 "Comparative market analysis" is an analysis or opinion

8 regarding pricing, marketing, or financial aspects relating to

9 a specified interest or interests in real estate that may be

10 based upon an analysis of comparative market data, the

11 expertise of the real estate broker or managing broker, and

12 such other factors as the broker or managing broker may deem

13 appropriate in developing or preparing such analysis or

14 opinion. The activities of a real estate broker or managing

15 broker engaging in the ordinary course of business as a

16 broker, as defined in this Section, shall not be considered a

17 comparative market analysis if no compensation is paid to the

18 broker or managing broker, other than compensation based upon

19 the sale or rental of real estate.

20 "Coordinator" means the Coordinator of Real Estate

21 Appraisal of the Division of Professional Regulation of the

22 Department of Financial and Professional Regulation.

23 "Department" means the Department of Financial and

24 Professional Regulation.

25 "Federal financial institutions regulatory agencies" means

26 the Board of Governors of the Federal Reserve System, the

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1 Federal Deposit Insurance Corporation, the Office of the

2 Comptroller of the Currency, the Consumer Financial Protection

3 Bureau, and the National Credit Union Administration.

4 "Federally related transaction" means any real

5 estate-related financial transaction in which a federal

6 financial institutions regulatory agency engages in, contracts

7 for, or regulates and requires the services of an appraiser.

8 "Financial institution" means any bank, savings bank,

9 savings and loan association, credit union, mortgage broker,

10 mortgage banker, licensee under the Consumer Installment Loan

11 Act or the Sales Finance Agency Act, or a corporate fiduciary,

12 subsidiary, affiliate, parent company, or holding company of

13 any such licensee, or any institution involved in real estate

14 financing that is regulated by state or federal law.

15 "Multi-state licensing system" means a web-based platform

16 that allows an applicant to submit his or her application or

17 license renewal application to the Department online.

18 "Person" means an individual, entity, sole proprietorship,

19 corporation, limited liability company, partnership, and joint

20 venture, foreign or domestic, except that when the context

21 otherwise requires, the term may refer to more than one

22 individual or other described entity.

23 "Real estate" means an identified parcel or tract of land,

24 including any improvements.

25 "Real estate related financial transaction" means any

26 transaction involving:

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1 (1) the sale, lease, purchase, investment in, or

2 exchange of real property, including interests in property

3 or the financing thereof;

4 (2) the refinancing of real property or interests in

5 real property; and

6 (3) the use of real property or interest in property

7 as security for a loan or investment, including mortgage

8 backed securities.

9 "Real property" means the interests, benefits, and rights

10 inherent in the ownership of real estate.

11 "Secretary" means the Secretary of Financial and

12 Professional Regulation.

13 "State certified general real estate appraiser" means an

14 appraiser who holds a license of this classification under

15 this Act and such classification applies to the appraisal of

16 all types of real property without restrictions as to the

17 scope of practice.

18 "State certified residential real estate appraiser" means

19 an appraiser who holds a license of this classification under

20 this Act and such classification applies to the appraisal of

21 one to 4 units of residential real property without regard to

22 transaction value or complexity, but with restrictions as to

23 the scope of practice in a federally related transaction in

24 accordance with Title XI, the provisions of USPAP, criteria

25 established by the AQB, and further defined by rule.

26 "Supervising appraiser" means either (i) an appraiser who

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1 holds a valid license under this Act as either a State

2 certified general real estate appraiser or a State certified

3 residential real estate appraiser, who co-signs an appraisal

4 report for an associate real estate trainee appraiser or (ii)

5 a State certified general real estate appraiser who holds a

6 valid license under this Act who co-signs an appraisal report

7 for a State certified residential real estate appraiser on

8 properties other than one to 4 units of residential real

9 property without regard to transaction value or complexity.

10 "Title XI" means Title XI of the federal Financial

11 Institutions Reform, Recovery,and Enforcement Act of 1989.

12 "USPAP" means the Uniform Standards of Professional

13 Appraisal Practice as promulgated by the Appraisal Standards

14 Board pursuant to Title XI and by rule.

15 "Valuation services" means services pertaining to aspects

16 of property value.

17 (Source: P.A. 100-604, eff. 7-13-18; revised 7-20-21.)

18 (Text of Section after amendment by P.A. 102-20)

19 (Section scheduled to be repealed on January 1, 2027)

20 Sec. 1-10. Definitions. As used in this Act, unless the

21 context otherwise requires:

22 "Accredited college or university, junior college, or

23 community college" means a college or university, junior

24 college, or community college that is approved or accredited

25 by the Board of Higher Education, a regional or national

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1 accreditation association, or by an accrediting agency that is

2 recognized by the U.S. Secretary of Education.

3 "Address of record" means the designated street address,

4 which may not be a post office box, recorded by the Department

5 in the applicant's or licensee's application file or license

6 file as maintained by the Department.

7 "Applicant" means aperson who applies to the Department

8 for a license under this Act.

9 "Appraisal" means (noun) the act or process of developing

10 an opinion of value; an opinion of value (adjective) of or

11 pertaining to appraising and related functions, such as

12 appraisal practice or appraisal services.

13 "Appraisal assignment" means a valuation service provided

14 pursuant to an agreement between an appraiser and a client.

15 "Appraisal firm" means an appraisal entity that is 100%

16 owned and controlled by a person or persons licensed in

17 Illinois as a certified general real estate appraiser or a

18 certified residential real estate appraiser. "Appraisal firm"

19 does not include an appraisal management company.

20 "Appraisal management company" means any corporation,

21 limited liability company, partnership, sole proprietorship,

22 subsidiary, unit, or other business entity that directly or

23 indirectly: (1) provides appraisal management services to

24 creditors or secondary mortgage market participants, including

25 affiliates; (2) provides appraisal management services in

26 connection with valuing the consumer's principal dwelling as

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1 security for a consumer credit transaction (including consumer

2 credit transactions incorporated into securitizations); and

3 (3) any appraisal management company that, within a given

4 12-month period, oversees an appraiser panel of 16 or more

5 State-certified appraisers in Illinois or 25 or more

6 State-certified or State-licensed appraisers in 2 or more

7 jurisdictions. "Appraisal management company" includes a

8 hybrid entity.

9 "Appraisal practice" means valuation services performed by

10 an individual acting as an appraiser, including, but not

11 limited to, appraisal or appraisal review.

12 "Appraisal report" means any communication, written or

13 oral, of an appraisal or appraisal review that is transmitted

14 to a client upon completion of an assignment.

15 "Appraisal review" means the act or process of developing

16 and communicating an opinion about the quality of another

17 appraiser's work that was performed as part of an appraisal,

18 appraisal review, or appraisal assignment.

19 "Appraisal Subcommittee" means the Appraisal Subcommittee

20 of the Federal Financial Institutions Examination Council as

21 established by Title XI.

22 "Appraiser" means a person who performs real estate or

23 real property appraisals competently and in a manner that is

24 independent, impartial, and objective.

25 "Appraiser panel" means a network, list, or roster of

26 licensed or certified appraisers approved by the appraisal

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1 management company or by the end-user client to perform

2 appraisals as independent contractors for the appraisal

3 management company. "Appraiser panel" includes both appraisers

4 accepted by an appraisal management company for consideration

5 for future appraisal assignments and appraisers engaged by an

6 appraisal management company to perform one or more

7 appraisals. For the purposes of determining the size of an

8 appraiser panel, only independent contractors of hybrid

9 entities shall be counted towards the appraiser panel.

10 "AQB" means the Appraisal Qualifications Board of the

11 Appraisal Foundation.

12 "Associate real estate trainee appraiser" means an

13 entry-level appraiser who holds a license of this

14 classification under this Act with restrictions as to the

15 scope of practice in accordance with this Act.

16 "Automated valuation model" means an automated system that

17 is used to derive a property value through the use of available

18 property records and various analytic methodologies such as

19 comparable sales prices, home characteristics, and price

20 changes.

21 "Board" means the Real Estate Appraisal Administration and

22 Disciplinary Board.

23 "Broker price opinion" means an estimate or analysis of

24 the probable selling price of a particular interest in real

25 estate, which may provide a varying level of detail about the

26 property's condition, market, and neighborhood and information

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1 on comparable sales. The activities of a real estate broker or

2 managing broker engaging in the ordinary course of business as

3 a broker, as defined in this Section, shall not be considered a

4 broker price opinion if no compensation is paid to the broker

5 or managing broker, other than compensation based upon the

6 sale or rental of real estate.

7 "Classroom hour" means 50 minutes of instruction out of

8 each 60-minute ~~60 minute~~segment of coursework.

9 "Client" means the party or parties who engage an

10 appraiser by employment or contract in a specific appraisal

11 assignment.

12 "Comparative market analysis" is an analysis or opinion

13 regarding pricing, marketing, or financial aspects relating to

14 a specified interest or interests in real estate that may be

15 based upon an analysis of comparative market data, the

16 expertise of the real estate broker or managing broker, and

17 such other factors as the broker or managing broker may deem

18 appropriate in developing or preparing such analysis or

19 opinion. The activities of a real estate broker or managing

20 broker engaging in the ordinary course of business as a

21 broker, as defined in this Section, shall not be considered a

22 comparative market analysis if no compensation is paid to the

23 broker or managing broker, other than compensation based upon

24 the sale or rental of real estate.

25 "Coordinator" means the Real Estate Appraisal Coordinator

26 created in Section 25-15.

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1 "Department" means the Department of Financial and

2 Professional Regulation.

3 "Email address of record" means the designated email

4 address recorded by the Department in the applicant's

5 application file or the licensee's license file maintained by

6 the Department.

7 "Evaluation" means a valuation permitted by the appraisal

8 regulations of the Federal Financial Institutions Examination

9 Council and its federal agencies for transactions that qualify

10 for the appraisal threshold exemption, business loan

11 exemption, or subsequent transaction exemption.

12 "Federal financial institutions regulatory agencies" means

13 the Board of Governors of the Federal Reserve System, the

14 Federal Deposit Insurance Corporation, the Office of the

15 Comptroller of the Currency, the Consumer Financial Protection

16 Bureau, and the National Credit Union Administration.

17 "Federally related transaction" means any real

18 estate-related financial transaction in which a federal

19 financial institutions regulatory agency engages in, contracts

20 for, or regulates and requires the services of an appraiser.

21 "Financial institution" means any bank, savings bank,

22 savings and loan association, credit union, mortgage broker,

23 mortgage banker, licensee under the Consumer Installment Loan

24 Act or the Sales Finance Agency Act, or a corporate fiduciary,

25 subsidiary, affiliate, parent company, or holding company of

26 any such licensee, or any institution involved in real estate

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1 financing that is regulated by state or federal law.

2 "Hybrid entity" means an appraisal management company that

3 hires an appraiser as an employee to perform an appraisal and

4 engages an independent contractor to perform an appraisal.

5 "License" means the privilege conferred by the Department

6 to a person that has fulfilled all requirements prerequisite

7 to any type of licensure under this Act.

8 "Licensee" means any person, as defined in this Section,

9 who holds a valid unexpired license.

10 "Multi-state licensing system" means a web-based platform

11 that allows an applicant to submit the application or license

12 renewal application to the Department online.

13 "Person" means an individual, entity, sole proprietorship,

14 corporation, limited liability company, partnership, and joint

15 venture, foreign or domestic, except that when the context

16 otherwise requires, the term may refer to more than one

17 individual or other described entity.

18 "Real estate" means an identified parcel or tract of land,

19 including any improvements.

20 "Real estate related financial transaction" means any

21 transaction involving:

22 (1) the sale, lease, purchase, investment in, or

23 exchange of real property, including interests in property

24 or the financing thereof;

25 (2) the refinancing of real property or interests in

26 real property; and

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1 (3) the use of real property or interest in property

2 as security for a loan or investment, including mortgage

3 backed securities.

4 "Real property" means the interests, benefits, and rights

5 inherent in the ownership of real estate.

6 "Secretary" means the Secretary of Financial and

7 Professional Regulation or the Secretary's designee.

8 "State certified general real estate appraiser" means an

9 appraiser who holds a license of this classification under

10 this Act and such classification applies to the appraisal of

11 all types of real property without restrictions as to the

12 scope of practice.

13 "State certified residential real estate appraiser" means

14 an appraiser who holds a license of this classification under

15 this Act and such classification applies to the appraisal of

16 one to 4 units of residential real property without regard to

17 transaction value or complexity, but with restrictions as to

18 the scope of practice in a federally related transaction in

19 accordance with Title XI, the provisions of USPAP, criteria

20 established by the AQB, and further defined by rule.

21 "Supervising appraiser" means either (i) an appraiser who

22 holds a valid license under this Act as either a State

23 certified general real estate appraiser or a State certified

24 residential real estate appraiser, who co-signs an appraisal

25 report for an associate real estate trainee appraiser or (ii)

26 a State certified general real estate appraiser who holds a

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1 valid license under this Act who co-signs an appraisal report

2 for a State certified residential real estate appraiser on

3 properties other than one to 4 units of residential real

4 property without regard to transaction value or complexity.

5 "Title XI" means Title XI of the federal Financial

6 Institutions Reform, Recovery,and Enforcement Act of 1989.

7 "USPAP" means the Uniform Standards of Professional

8 Appraisal Practice as promulgated by the Appraisal Standards

9 Board pursuant to Title XI and by rule.

10 "Valuation services" means services pertaining to aspects

11 of property value.

12 (Source: P.A. 102-20, eff. 1-1-22; revised 7-20-21.)

13 (225 ILCS 458/25-20)

14 (Text of Section before amendment by P.A. 102-20)

15 (Section scheduled to be repealed on January 1, 2027)

16 Sec. 25-20. Department; powers and duties. The Department

17 of Financial and Professional Regulation shall exercise the

18 powers and duties prescribed by the Civil Administrative Code

19 of Illinois for the administration of licensing Acts and shall

20 exercise such other powers and duties as are prescribed by

21 this Act for the administration of this Act. The Department

22 may contract with third parties for services necessary for the

23 proper administration of this Act, including, without

24 limitation, investigators with the proper knowledge, training,

25 and skills to properly investigate complaints against real

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1 estate appraisers.

2 In addition, the Department may receive federal financial

3 assistance, either directly from the federal government or

4 indirectly through another source, public or private, for the

5 administration of this Act. The Department may also receive

6 transfers, gifts, grants, or donations from any source, public

7 or private, in the form of funds, services, equipment,

8 supplies, or materials. Any funds received pursuant to this

9 Section shall be deposited in the Appraisal Administration

10 Fund unless deposit in a different fund is otherwise mandated,

11 and shall be used in accordance with the requirements of the

12 federal financial assistance, gift, grant, or donation for

13 purposes related to the powers and duties of the Department.

14 The Department shall maintain and update a registry of the

15 names and addresses of all licensees and a listing of

16 disciplinary orders issued pursuant to this Act and shall

17 transmit the registry, along with any national registry fees

18 that may be required, to the entity specified by, and in a

19 manner consistent with, Title XI of the federal Financial

20 Institutions Reform, Recovery,and Enforcement Act of 1989.

21 (Source: P.A. 102-16, eff. 6-17-21; revised 7-17-21.)

22 (Text of Section after amendment by P.A. 102-20)

23 (Section scheduled to be repealed on January 1, 2027)

24 Sec. 25-20. Department; powers and duties. The Department

25 of Financial and Professional Regulation shall exercise the

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1 powers and duties prescribed by the Civil Administrative Code

2 of Illinois for the administration of licensing Acts and shall

3 exercise such other powers and duties as are prescribed by

4 this Act for the administration of this Act. The Department

5 may contract with third parties for services necessary for the

6 proper administration of this Act, including, without

7 limitation, investigators with the proper knowledge, training,

8 and skills to investigate complaints against real estate

9 appraisers.

10 In addition, the Department may receive federal financial

11 assistance, either directly from the federal government or

12 indirectly through another source, public or private, for the

13 administration of this Act. The Department may also receive

14 transfers, gifts, grants, or donations from any source, public

15 or private, in the form of funds, services, equipment,

16 supplies, or materials. Any funds received pursuant to this

17 Section shall be deposited in the Appraisal Administration

18 Fund unless deposit in a different fund is otherwise mandated~~,~~

19 and shall be used in accordance with the requirements of the

20 federal financial assistance, gift, grant, or donation for

21 purposes related to the powers and duties of the Department.

22 The Department shall maintain and update a registry of the

23 names and addresses of all licensees and a listing of

24 disciplinary orders issued pursuant to this Act and shall

25 transmit the registry, along with any national registry fees

26 that may be required, to the entity specified by, and in a

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1 manner consistent with, Title XI of the federal Financial

2 Institutions Reform, Recovery,and Enforcement Act of 1989.

3 (Source: P.A. 102-16, eff. 6-17-21; 102-20, eff. 1-1-22;

4 revised 7-17-21.)

5 Section 150. The Appraisal Management Company Registration

6 Act is amended by changing Section 10 as follows:

7 (225 ILCS 459/10)

8 (Text of Section before amendment by P.A. 102-20)

9 Sec. 10. Definitions. In this Act:

10 "Address of record" means the principal address recorded

11 by the Department in the applicant's or registrant's

12 application file or registration file maintained by the

13 Department's registration maintenance unit.

14 "Applicant" means a person or entity who applies to the

15 Department for a registration under this Act.

16 "Appraisal" means (noun) the act or process of developing

17 an opinion of value; an opinion of value (adjective) of or

18 pertaining to appraising and related functions.

19 "Appraisal firm" means an appraisal entity that is 100%

20 owned and controlled by a person or persons licensed in

21 Illinois as a certified general real estate appraiser or a

22 certified residential real estate appraiser. An appraisal firm

23 does not include an appraisal management company.

24 "Appraisal management company" means any corporation,

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1 limited liability company, partnership, sole proprietorship,

2 subsidiary, unit, or other business entity that directly or

3 indirectly: (1) provides appraisal management services to

4 creditors or secondary mortgage market participants; (2)

5 provides appraisal management services in connection with

6 valuing the consumer's principal dwelling as security for a

7 consumer credit transaction (including consumer credit

8 transactions incorporated into securitizations); (3) within a

9 given year, oversees an appraiser panel of any size of

10 State-certified appraisers in Illinois; and (4) any appraisal

11 management company that, within a given year, oversees an

12 appraiser panel of 16 or more State-certified appraisers in

13 Illinois or 25 or more State-certified or State-licensed

14 appraisers in 2 or more jurisdictions shall be subject to the

15 appraisal management company national registry fee in addition

16 to the appraiser panel fee. "Appraisal management company"

17 includes a hybrid entity.

18 "Appraisal management company national registry fee" means

19 the fee implemented pursuant to Title XI of the federal

20 Financial Institutions Reform, Recovery, and Enforcement Act

21 of 1989 for an appraiser management company's national

22 registry.

23 "Appraisal management services" means one or more of the

24 following:

25 (1) recruiting, selecting, and retaining appraisers;

26 (2) contracting with State-certified or State-licensed

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1 appraisers to perform appraisal assignments;

2 (3) managing the process of having an appraisal

3 performed, including providing administrative services

4 such as receiving appraisal orders and appraisal reports;

5 submitting completed appraisal reports to creditors and

6 secondary market participants; collecting compensation

7 from creditors, underwriters, or secondary market

8 participants for services provided; or paying appraisers

9 for services performed; or

10 (4) reviewing and verifying the work of appraisers.

11 "Appraiser panel" means a network, list, or roster of

12 licensed or certified appraisers approved by the appraisal

13 management company or by the end-user client to perform

14 appraisals for the appraisal management company. "Appraiser

15 panel" includes both appraisers accepted by an appraisal

16 management company for consideration for future appraisal

17 assignments and appraisers engaged by an appraisal management

18 company to perform one or more appraisals.

19 "Appraiser panel fee" means the amount collected from a

20 registrant that, where applicable, includes an appraisal

21 management company's national registry fee.

22 "Appraisal report" means a written appraisal by an

23 appraiser to a client.

24 "Appraisal practice service" means valuation services

25 performed by an individual acting as an appraiser, including,

26 but not limited to, appraisal or appraisal review.

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1 "Appraisal subcommittee" means the appraisal subcommittee

2 of the Federal Financial Institutions Examination Council as

3 established by Title XI.

4 "Appraiser" means a person who performs real estate or

5 real property appraisals.

6 "Assignment result" means an appraiser's opinions and

7 conclusions developed specific to an assignment.

8 "Audit" includes, but is not limited to, an annual or

9 special audit, visit, or review necessary under this Act or

10 required by the Secretary or the Secretary's authorized

11 representative in carrying out the duties and responsibilities

12 under this Act.

13 "Client" means the party or parties who engage an

14 appraiser by employment or contract in a specific appraisal

15 assignment.

16 "Controlling person ~~Person~~" means:

17 (1) an owner, officer, or director of an entity

18 seeking to offer appraisal management services;

19 (2) an individual employed, appointed, or authorized

20 by an appraisal management company who has the authority

21 to:

22 (A) enter into a contractual relationship with a

23 client for the performance of an appraisal management

24 service or appraisal practice service; and

25 (B) enter into an agreement with an appraiser for

26 the performance of a real estate appraisal activity;

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1 (3) an individual who possesses, directly or

2 indirectly, the power to direct or cause the direction of

3 the management or policies of an appraisal management

4 company; or

5 (4) an individual who will act as the sole compliance

6 officer with regard to this Act and any rules adopted

7 under this Act.

8 "Coordinator" means the Coordinator of the Appraisal

9 Management Company Registration Unit of the Department or his

10 or her designee.

11 "Covered transaction" means a consumer credit transaction

12 secured by a consumer's principal dwelling.

13 "Department" means the Department of Financial and

14 Professional Regulation.

15 "Email address of record" means the designated email

16 address recorded by the Department in the applicant's

17 application file or the registrant's registration file

18 maintained by the Department's registration maintenance unit.

19 "Entity" means a corporation, a limited liability company,

20 partnership, a sole proprietorship, or other entity providing

21 services or holding itself out to provide services as an

22 appraisal management company or an appraisal management

23 service.

24 "End-user client" means any person who utilizes or engages

25 the services of an appraiser through an appraisal management

26 company.

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1 "Federally regulated appraisal management company" means

2 an appraisal management company that is owned and controlled

3 by an insured depository institution, as defined in 12 U.S.C.

4 1813, or an insured credit union, as defined in 12 U.S.C. 1752,

5 and regulated by the Office of the Comptroller of the

6 Currency, the Federal Reserve Board, the National Credit Union

7 Association, or the Federal Deposit Insurance Corporation.

8 "Financial institution" means any bank, savings bank,

9 savings and loan association, credit union, mortgage broker,

10 mortgage banker, registrant under the Consumer Installment

11 Loan Act or the Sales Finance Agency Act, or a corporate

12 fiduciary, subsidiary, affiliate, parent company, or holding

13 company of any registrant, or any institution involved in real

14 estate financing that is regulated by State or federal law.

15 "Foreign appraisal management company" means any appraisal

16 management company organized under the laws of any other state

17 of the United States, the District of Columbia, or any other

18 jurisdiction of the United States.

19 "Hybrid entity" means an appraisal management company that

20 hires an appraiser as an employee to perform an appraisal and

21 engages an independent contractor to perform an appraisal.

22 "Multi-state licensing system" means a web-based platform

23 that allows an applicant to submit his or her application or

24 registration renewal to the Department online.

25 "Person" means individuals, entities, sole

26 proprietorships, corporations, limited liability companies,

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1 and alien, foreign, or domestic partnerships, except that when

2 the context otherwise requires, the term may refer to a single

3 individual or other described entity.

4 "Principal dwelling" means a residential structure that

5 contains one to 4 units, whether or not that structure is

6 attached to real property. "Principal dwelling" includes an

7 individual condominium unit, cooperative unit, manufactured

8 home, mobile home, and trailer, if it is used as a residence.

9 "Principal office" means the actual, physical business

10 address, which shall not be a post office box or a virtual

11 business address, of a registrant, at which (i) the Department

12 may contact the registrant and (ii) records required under

13 this Act are maintained.

14 "Qualified to transact business in this State" means being

15 in compliance with the requirements of the Business

16 Corporation Act of 1983.

17 "Quality control review" means a review of an appraisal

18 report for compliance and completeness, including grammatical,

19 typographical, or other similar errors, unrelated to

20 developing an opinion of value.

21 "Real estate" means an identified parcel or tract of land,

22 including any improvements.

23 "Real estate related financial transaction" means any

24 transaction involving:

25 (1) the sale, lease, purchase, investment in, or

26 exchange of real property, including interests in property

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1 or the financing thereof;

2 (2) the refinancing of real property or interests in

3 real property; and

4 (3) the use of real property or interest in property

5 as security for a loan or investment, including mortgage

6 backed securities.

7 "Real property" means the interests, benefits, and rights

8 inherent in the ownership of real estate.

9 "Secretary" means the Secretary of Financial and

10 Professional Regulation.

11 "USPAP" means the Uniform Standards of Professional

12 Appraisal Practice as adopted by the Appraisal Standards Board

13 under Title XI.

14 "Valuation" means any estimate of the value of real

15 property in connection with a creditor's decision to provide

16 credit, including those values developed under a policy of a

17 government sponsored enterprise or by an automated valuation

18 model or other methodology or mechanism.

19 "Written notice" means a communication transmitted by mail

20 or by electronic means that can be verified between an

21 appraisal management company and a licensed or certified real

22 estate appraiser.

23 (Source: P.A. 100-604, eff. 7-13-18; revised 8-2-21.)

24 (Text of Section after amendment by P.A. 102-20)

25 Sec. 10. Definitions. In this Act:

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1 "Address of record" means the principal address recorded

2 by the Department in the applicant's or registrant's

3 application file or registration file maintained by the

4 Department's registration maintenance unit.

5 "Applicant" means a person or entity who applies to the

6 Department for a registration under this Act.

7 "Appraisal" means (noun) the act or process of developing

8 an opinion of value; an opinion of value (adjective) of or

9 pertaining to appraising and related functions.

10 "Appraisal firm" means an appraisal entity that is 100%

11 owned and controlled by a person or persons licensed in

12 Illinois as a certified general real estate appraiser or a

13 certified residential real estate appraiser. An appraisal firm

14 does not include an appraisal management company.

15 "Appraisal management company" means any corporation,

16 limited liability company, partnership, sole proprietorship,

17 subsidiary, unit, or other business entity that directly or

18 indirectly: (1) provides appraisal management services to

19 creditors or secondary mortgage market participants, including

20 affiliates; (2) provides appraisal management services in

21 connection with valuing the consumer's principal dwelling as

22 security for a consumer credit transaction (including consumer

23 credit transactions incorporated into securitizations); and

24 (3) any appraisal management company that, within a given

25 12-month period, oversees an appraiser panel of 16 or more

26 State-certified appraisers in Illinois or 25 or more

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1 State-certified or State-licensed appraisers in 2 or more

2 jurisdictions. "Appraisal management company" includes a

3 hybrid entity.

4 "Appraisal management company national registry fee" means

5 the fee implemented pursuant to Title XI of the federal

6 Financial Institutions Reform, Recovery, and Enforcement Act

7 of 1989 for an appraiser management company's national

8 registry.

9 "Appraisal management services" means one or more of the

10 following:

11 (1) recruiting, selecting, and retaining appraisers;

12 (2) contracting with State-certified or State-licensed

13 appraisers to perform appraisal assignments;

14 (3) managing the process of having an appraisal

15 performed, including providing administrative services

16 such as receiving appraisal orders and appraisal reports;

17 submitting completed appraisal reports to creditors and

18 secondary market participants; collecting compensation

19 from creditors, underwriters, or secondary market

20 participants for services provided; or paying appraisers

21 for services performed; or

22 (4) reviewing and verifying the work of appraisers.

23 "Appraiser panel" means a network, list, or roster of

24 licensed or certified appraisers approved by the appraisal

25 management company or by the end-user client to perform

26 appraisals as independent contractors for the appraisal

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1 management company. "Appraiser panel" includes both appraisers

2 accepted by an appraisal management company for consideration

3 for future appraisal assignments and appraisers engaged by an

4 appraisal management company to perform one or more

5 appraisals. For the purposes of determining the size of an

6 appraiser panel, only independent contractors of hybrid

7 entities shall be counted towards the appraiser panel.

8 "Appraiser panel fee" means the amount collected from a

9 registrant that, where applicable, includes an appraisal

10 management company's national registry fee.

11 "Appraisal report" means a written appraisal by an

12 appraiser to a client.

13 "Appraisal practice service" means valuation services

14 performed by an individual acting as an appraiser, including,

15 but not limited to, appraisal or appraisal review.

16 "Appraisal subcommittee" means the appraisal subcommittee

17 of the Federal Financial Institutions Examination Council as

18 established by Title XI.

19 "Appraiser" means a person who performs real estate or

20 real property appraisals.

21 "Assignment result" means an appraiser's opinions and

22 conclusions developed specific to an assignment.

23 "Audit" includes, but is not limited to, an annual or

24 special audit, visit, or review necessary under this Act or

25 required by the Secretary or the Secretary's authorized

26 representative in carrying out the duties and responsibilities

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1 under this Act.

2 "Client" means the party or parties who engage an

3 appraiser by employment or contract in a specific appraisal

4 assignment.

5 "Controlling person ~~Person~~" means:

6 (1) an owner, officer, or director of an entity

7 seeking to offer appraisal management services;

8 (2) an individual employed, appointed, or authorized

9 by an appraisal management company who has the authority

10 to:

11 (A) enter into a contractual relationship with a

12 client for the performance of an appraisal management

13 service or appraisal practice service; and

14 (B) enter into an agreement with an appraiser for

15 the performance of a real estate appraisal activity;

16 (3) an individual who possesses, directly or

17 indirectly, the power to direct or cause the direction of

18 the management or policies of an appraisal management

19 company; or

20 (4) an individual who will act as the sole compliance

21 officer with regard to this Act and any rules adopted

22 under this Act.

23 "Covered transaction" means a consumer credit transaction

24 secured by a consumer's principal dwelling.

25 "Department" means the Department of Financial and

26 Professional Regulation.

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1 "Email address of record" means the designated email

2 address recorded by the Department in the applicant's

3 application file or the registrant's registration file

4 maintained by the Department's registration maintenance unit.

5 "Entity" means a corporation, a limited liability company,

6 partnership, a sole proprietorship, or other entity providing

7 services or holding itself out to provide services as an

8 appraisal management company or an appraisal management

9 service.

10 "End-user client" means any person who utilizes or engages

11 the services of an appraiser through an appraisal management

12 company.

13 "Federally regulated appraisal management company" means

14 an appraisal management company that is owned and controlled

15 by an insured depository institution, as defined in 12 U.S.C.

16 1813, or an insured credit union, as defined in 12 U.S.C. 1752,

17 and regulated by the Office of the Comptroller of the

18 Currency, the Federal Reserve Board, the National Credit Union

19 Association, or the Federal Deposit Insurance Corporation.

20 "Financial institution" means any bank, savings bank,

21 savings and loan association, credit union, mortgage broker,

22 mortgage banker, registrant under the Consumer Installment

23 Loan Act or the Sales Finance Agency Act, or a corporate

24 fiduciary, subsidiary, affiliate, parent company, or holding

25 company of any registrant, or any institution involved in real

26 estate financing that is regulated by State or federal law.

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1 "Foreign appraisal management company" means any appraisal

2 management company organized under the laws of any other state

3 of the United States, the District of Columbia, or any other

4 jurisdiction of the United States.

5 "Hybrid entity" means an appraisal management company that

6 hires an appraiser as an employee to perform an appraisal and

7 engages an independent contractor to perform an appraisal.

8 "Multi-state licensing system" means a web-based platform

9 that allows an applicant to submit the application or

10 registration renewal to the Department online.

11 "Person" means individuals, entities, sole

12 proprietorships, corporations, limited liability companies,

13 and alien, foreign, or domestic partnerships, except that when

14 the context otherwise requires, the term may refer to a single

15 individual or other described entity.

16 "Principal dwelling" means a residential structure that

17 contains one to 4 units, whether or not that structure is

18 attached to real property. "Principal dwelling" includes an

19 individual condominium unit, cooperative unit, manufactured

20 home, mobile home, and trailer, if it is used as a residence.

21 "Principal office" means the actual, physical business

22 address, which shall not be a post office box or a virtual

23 business address, of a registrant, at which (i) the Department

24 may contact the registrant and (ii) records required under

25 this Act are maintained.

26 "Qualified to transact business in this State" means being

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1 in compliance with the requirements of the Business

2 Corporation Act of 1983.

3 "Quality control review" means a review of an appraisal

4 report for compliance and completeness, including grammatical,

5 typographical, or other similar errors, unrelated to

6 developing an opinion of value.

7 "Real estate" means an identified parcel or tract of land,

8 including any improvements.

9 "Real estate related financial transaction" means any

10 transaction involving:

11 (1) the sale, lease, purchase, investment in, or

12 exchange of real property, including interests in property

13 or the financing thereof;

14 (2) the refinancing of real property or interests in

15 real property; and

16 (3) the use of real property or interest in property

17 as security for a loan or investment, including mortgage

18 backed securities.

19 "Real property" means the interests, benefits, and rights

20 inherent in the ownership of real estate.

21 "Secretary" means the Secretary of Financial and

22 Professional Regulation.

23 "USPAP" means the Uniform Standards of Professional

24 Appraisal Practice as adopted by the Appraisal Standards Board

25 under Title XI.

26 "Valuation" means any estimate of the value of real

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1 property in connection with a creditor's decision to provide

2 credit, including those values developed under a policy of a

3 government sponsored enterprise or by an automated valuation

4 model or other methodology or mechanism.

5 "Written notice" means a communication transmitted by mail

6 or by electronic means that can be verified between an

7 appraisal management company and a licensed or certified real

8 estate appraiser.

9 (Source: P.A. 102-20, eff. 1-1-22; revised 8-2-21.)

10 Section 155. The Hydraulic Fracturing Regulatory Act is

11 amended by changing Section 1-77 as follows:

12 (225 ILCS 732/1-77)

13 Sec. 1-77. Chemical disclosure; trade secret protection.

14 (a) If the chemical disclosure information required by

15 paragraph (8) of subsection (b) of Section 1-35 of this Act is

16 not submitted at the time of permit application, then the

17 permittee, applicant, or person who will perform high volume

18 horizontal hydraulic fracturing operations at the well shall

19 submit this information to the Department in electronic format

20 no less than 21 calendar days prior to performing the high

21 volume horizontal hydraulic fracturing operations. The

22 permittee shall not cause or allow any stimulation of the well

23 if it is not in compliance with this Section. Nothing in this

24 Section shall prohibit the person performing high volume

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1 horizontal hydraulic fracturing operations from adjusting or

2 altering the contents of the fluid during the treatment

3 process to respond to unexpected conditions, as long as the

4 permittee or the person performing the high volume horizontal

5 hydraulic fracturing operations notifies the Department by

6 electronic mail within 24 hours of the departure from the

7 initial treatment design and includes a brief explanation of

8 the reason for the departure.

9 (b) No permittee shall use the services of another person

10 to perform high volume horizontal hydraulic fracturing

11 operations unless the person is in compliance with this

12 Section.

13 (c) Any person performing high volume horizontal hydraulic

14 fracturing operations within this State shall:

15 (1) be authorized to do business in this State; and

16 (2) maintain and disclose to the Department separate

17 and up-to-date master lists of:

18 (A) the base fluid to be used during any high

19 volume horizontal hydraulic fracturing operations

20 within this State;

21 (B) all hydraulic fracturing additives to be used

22 during any high volume horizontal hydraulic fracturing

23 operations within this State; and

24 (C) all chemicals and associated Chemical Abstract

25 Service numbers to be used in any high volume

26 horizontal hydraulic fracturing operations within this

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1 State.

2 (d) Persons performing high volume horizontal hydraulic

3 fracturing operations are prohibited from using any base

4 fluid, hydraulic fracturing additive, or chemical not listed

5 on their master lists disclosed under paragraph (2) of

6 subsection (c) of this Section.

7 (e) The Department shall assemble and post up-to-date

8 copies of the master lists it receives under paragraph (2) of

9 subsection (c) of this Section on its website in accordance

10 with Section 1-110 of this Act.

11 (f) Where an applicant, permittee, or the person

12 performing high volume horizontal hydraulic fracturing

13 operations furnishes chemical disclosure information to the

14 Department under this Section, Section 1-35, or Section 1-75

15 of this Act under a claim of trade secret, the applicant,

16 permittee, or person performing high volume horizontal

17 hydraulic fracturing operations shall submit redacted and

18 un-redacted copies of the documents containing the information

19 to the Department and the Department shall use the redacted

20 copies when posting materials on its website.

21 (g) Upon submission or within 5 calendar days of

22 submission of chemical disclosure information to the

23 Department under this Section, Section 1-35, or Section 1-75

24 of this Act under a claim of trade secret, the person that

25 claimed trade secret protection shall provide a justification

26 of the claim containing the following: a detailed description

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1 of the procedures used by the person to safeguard the

2 information from becoming available to persons other than

3 those selected by the person to have access to the information

4 for limited purposes; a detailed statement identifying the

5 persons or class of persons to whom the information has been

6 disclosed; a certification that the person has no knowledge

7 that the information has ever been published or disseminated

8 or has otherwise become a matter of general public knowledge;

9 a detailed discussion of why the person believes the

10 information to be of competitive value; and any other

11 information that shall support the claim.

12 (h) Chemical disclosure information furnished under this

13 Section, Section 1-35, or Section 1-75 of this Act under a

14 claim of trade secret shall be protected from disclosure as a

15 trade secret if the Department determines that the statement

16 of justification demonstrates that:

17 (1) the information has not been published,

18 disseminated, or otherwise become a matter of general

19 public knowledge; and

20 (2) the information has competitive value.

21 There is a rebuttable presumption that the information has

22 not been published, disseminated, or otherwise become a matter

23 of general public knowledge if the person has taken reasonable

24 measures to prevent the information from becoming available to

25 persons other than those selected by the person to have access

26 to the information for limited purposes and the statement of

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1 justification contains a certification that the person has no

2 knowledge that the information has ever been published,

3 disseminated, or otherwise become a matter of general public

4 knowledge.

5 (i) Denial of a trade secret request under this Section

6 shall be appealable under the Administrative Review Law.

7 (j) A person whose request to inspect or copy a public

8 record is denied, in whole or in part, because of a grant of

9 trade secret protection may file a request for review with the

10 Public Access Counselor under Section 9.5 of the Freedom of

11 Information Act or for injunctive or declaratory relief under

12 Section 11 of the Freedom of Information Act for the purpose of

13 reviewing whether the Department properly determined that the

14 trade secret protection should be granted.

15 (k) Except as otherwise provided in subsections (l) and

16 (m) of this Section, the Department must maintain the

17 confidentiality of chemical disclosure information furnished

18 under this Section, Section 1-35, or Section 1-75 of this Act

19 under a claim of trade secret, until the Department receives

20 official notification of a final order by a reviewing body

21 with proper jurisdiction that is not subject to further appeal

22 rejecting a grant of trade secret protection for that

23 information.

24 (l) The Department shall adopt rules for the provision of

25 information furnished under a claim of trade secret to a

26 health professional who states a need for the information and

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1 articulates why the information is needed. The health

2 professional may share that information with other persons as

3 may be professionally necessary, including, but not limited

4 to, the affected patient, other health professionals involved

5 in the treatment of the affected patient, the affected

6 patient's family members if the affected patient is

7 unconscious, is unable to make medical decisions, or is a

8 minor, the Centers for Disease Control and Prevention, and

9 other government public health agencies. Except as otherwise

10 provided in this Section, any recipient of the information

11 shall not use the information for purposes other than the

12 health needs asserted in the request and shall otherwise

13 maintain the information as confidential. Information so

14 disclosed to a health professional shall in no way be

15 construed as publicly available. The holder of the trade

16 secret may request a confidentiality agreement consistent with

17 the requirements of this Section from all health professionals

18 to whom the information is disclosed as soon as circumstances

19 permit. The rules adopted by the Department shall also

20 establish procedures for providing the information in both

21 emergency and non-emergency situations.

22 (m) In the event of a release of hydraulic fracturing

23 fluid, a hydraulic fracturing additive, or hydraulic

24 fracturing flowback, and when necessary to protect public

25 health or the environment, the Department may disclose

26 information furnished under a claim of trade secret to the

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1 relevant county public health director or emergency manager,

2 the relevant fire department chief, the Director of the

3 Illinois Department of Public Health, the Director of the

4 Illinois Department of Agriculture, and the Director of the

5 Illinois Environmental Protection Agency upon request by that

6 individual. The Director of the Illinois Department of Public

7 Health, and the Director of the Illinois Environmental

8 Protection Agency, and the Director of the Illinois Department

9 of Agriculture may disclose this information to staff members

10 under the same terms and conditions as apply to the Director of

11 Natural Resources. Except as otherwise provided in this

12 Section, any recipient of the information shall not use the

13 information for purposes other than to protect public health

14 or the environment and shall otherwise maintain the

15 information as confidential. Information disclosed to staff

16 shall in no way be construed as publicly available. The holder

17 of the trade secret information may request a confidentiality

18 agreement consistent with the requirements of this Section

19 from all persons to whom the information is disclosed as soon

20 as circumstances permit.

21 (Source: P.A. 98-22, eff. 6-17-13; revised 7-16-21.)

22 Section 160. The Sports Wagering Act is amended by

23 changing Section 25-90 as follows:

24 (230 ILCS 45/25-90)

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1 Sec. 25-90. Tax; Sports Wagering Fund.

2 (a) For the privilege of holding a license to operate

3 sports wagering under this Act, this State shall impose and

4 collect 15% of a master sports wagering licensee's adjusted

5 gross sports wagering receipts from sports wagering. The

6 accrual method of accounting shall be used for purposes of

7 calculating the amount of the tax owed by the licensee.

8 The taxes levied and collected pursuant to this subsection

9 (a) are due and payable to the Board no later than the last day

10 of the month following the calendar month in which the

11 adjusted gross sports wagering receipts were received and the

12 tax obligation was accrued.

13 (a-5) In addition to the tax imposed under subsection (a)

14 of this Section, for the privilege of holding a license to

15 operate sports wagering under this Act, the State shall impose

16 and collect 2% of the adjusted gross receipts from sports

17 wagers that are placed within a home rule county with a

18 population of over 3,000,000 inhabitants, which shall be paid,

19 subject to appropriation from the General Assembly, from the

20 Sports Wagering Fund to that home rule county for the purpose

21 of enhancing the county's criminal justice system.

22 (b) The Sports Wagering Fund is hereby created as a

23 special fund in the State treasury. Except as otherwise

24 provided in this Act, all moneys collected under this Act by

25 the Board shall be deposited into the Sports Wagering Fund. On

26 the 25th of each month, any moneys remaining in the Sports

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1 Wagering Fund in excess of the anticipated monthly

2 expenditures from the Fund through the next month, as

3 certified by the Board to the State Comptroller, shall be

4 transferred by the State Comptroller and the State Treasurer

5 to the Capital Projects Fund.

6 (c) Beginning with July 2021, and on a monthly basis

7 thereafter, the Board shall certify to the State Comptroller

8 the amount of license fees collected in the month for initial

9 licenses issued under this Act, except for occupational

10 licenses. As soon after certification as practicable, the

11 State Comptroller shall direct and the State Treasurer shall

12 transfer the certified amount from the Sports Wagering Fund to

13 the Rebuild Illinois Projects Fund.

14 (Source: P.A. 101-31, eff. 6-28-19; 102-16, eff. 6-17-21;

15 revised 7-16-21.)

16 Section 165. The Illinois Public Aid Code is amended by

17 changing Sections 5-5.7a and 5-5e as follows:

18 (305 ILCS 5/5-5.7a)

19 Sec. 5-5.7a. Pandemic related stability payments for

20 health care providers. Notwithstanding other provisions of

21 law, and in accordance with the Illinois Emergency Management

22 Agency, the Department of Healthcare and Family Services shall

23 develop a process to distribute pandemic related stability

24 payments, from federal sources dedicated for such purposes, to

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1 health care providers that are providing care to recipients

2 under the Medical Assistance Program. For provider types

3 serving residents who are recipients of medical assistance

4 under this Code and are funded by other State agencies, the

5 Department will coordinate the distribution process of the

6 pandemic related stability payments. Federal sources dedicated

7 to pandemic related payments include, but are not limited to,

8 funds distributed to the State of Illinois from the

9 Coronavirus Relief Fund pursuant to the Coronavirus Aid,

10 Relief, and Economic Security Act ("CARES Act") and from the

11 Coronavirus State Fiscal Recovery Fund pursuant to Section

12 9901 of the American Rescue Plan Act of 2021, that are

13 appropriated to the Department during Fiscal Years 2020, 2021,

14 and 2022 for purposes permitted by those federal laws and

15 related federal guidance.

16 (1) Pandemic related stability payments for these

17 providers shall be separate and apart from any rate

18 methodology otherwise defined in this Code to the extent

19 permitted in accordance with Section 5001 of the CARES Act

20 and Section 9901 of the American Rescue Plan Act of 2021

21 and any related federal guidance.

22 (2) Payments made from moneys received from the

23 Coronavirus Relief Fund shall be used exclusively for

24 expenses incurred by the providers that are eligible for

25 reimbursement from the Coronavirus Relief Fund in

26 accordance with Section 5001 of the CARES Act and related

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1 federal guidance. Payments made from moneys received from

2 the Coronavirus State Fiscal Recovery Fund shall be used

3 exclusively for purposes permitted by Section 9901 of the

4 American Rescue Plan Act of 2021 and related federal

5 guidance.

6 (3) All providers receiving pandemic related stability

7 payments shall attest in a format to be created by the

8 Department and be able to demonstrate that their expenses

9 are pandemic related, were not part of their annual

10 budgets established before March 1, 2020, and are directly

11 associated with health care needs.

12 (4) Pandemic related stability payments will be

13 distributed based on a schedule and framework to be

14 established by the Department with recognition of the

15 pandemic related acuity of the situation for each

16 provider, taking into account the factors including, but

17 not limited to, the following: ~~;~~

18 (A) the impact of the pandemic on patients served,

19 impact on staff, and shortages of the personal

20 protective equipment necessary for infection control

21 efforts for all providers;

22 (B) COVID-19 positivity rates among staff, or

23 patients, or both;

24 (C) pandemic related workforce challenges and

25 costs associated with temporary wage increases

26 associated with pandemic related hazard pay programs,

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1 or costs associated with which providers do not have

2 enough staff to adequately provide care and protection

3 to the residents and other staff;

4 (D) providers with significant reductions in

5 utilization that result in corresponding reductions in

6 revenue as a result of the pandemic, including, but

7 not limited to, the cancellation or postponement of

8 elective procedures and visits;

9 (E) pandemic related payments received directly by

10 the providers through other federal resources;

11 (F) current efforts to respond to and provide

12 services to communities disproportionately impacted by

13 the COVID-19 public health emergency, including

14 low-income and socially vulnerable communities that

15 have seen the most severe health impacts and

16 exacerbated health inequities along racial, ethnic,

17 and socioeconomic lines; and

18 (G) provider needs for capital improvements to

19 existing facilities, including upgrades to HVAC and

20 ventilation systems and capital improvements for

21 enhancing infection control or reducing crowding,

22 which may include bed-buybacks.

23 (5) Pandemic related stability payments made from

24 moneys received from the Coronavirus Relief Fund will be

25 distributed to providers based on a methodology to be

26 administered by the Department with amounts determined by

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1 a calculation of total federal pandemic related funds

2 appropriated by the Illinois General Assembly for this

3 purpose. Providers receiving the pandemic related

4 stability payments will attest to their increased costs,

5 declining revenues, and receipt of additional pandemic

6 related funds directly from the federal government.

7 (6) Of the payments provided for by this Section made

8 from moneys received from the Coronavirus Relief Fund, a

9 minimum of 30% shall be allotted for health care providers

10 that serve the ZIP codes located in the most

11 disproportionately impacted areas of Illinois, based on

12 positive COVID-19 cases based on data collected by the

13 Department of Public Health and provided to the Department

14 of Healthcare and Family Services.

15 (7) From funds appropriated, directly or indirectly,

16 from moneys received by the State from the Coronavirus

17 State Fiscal Recovery Fund for Fiscal Years 2021 and 2022,

18 the Department shall expend such funds only for purposes

19 permitted by Section 9901 of the American Rescue Plan Act

20 of 2021 and related federal guidance. Such expenditures

21 may include, but are not limited to: payments to providers

22 for costs incurred due to the COVID-19 public health

23 emergency; unreimbursed costs for testing and treatment of

24 uninsured Illinois residents; costs of COVID-19 mitigation

25 and prevention; medical expenses related to aftercare or

26 extended care for COVID-19 patients with longer term

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1 symptoms and effects; costs of behavioral health care;

2 costs of public health and safety staff; and expenditures

3 permitted in order to address (i) disparities in public

4 health outcomes, (ii) nursing and other essential health

5 care workforce investments, (iii) exacerbation of

6 pre-existing disparities, and (iv) promoting healthy

7 childhood environments.

8 (8) From funds appropriated, directly or indirectly,

9 from moneys received by the State from the Coronavirus

10 State Fiscal Recovery Fund for Fiscal Years 2022 and 2023,

11 the Department shall establish a program for making

12 payments to long term care service providers and

13 facilities, for purposes related to financial support for

14 workers in the long term care industry, but only as

15 permitted by either the CARES Act or Section 9901 of the

16 American Rescue Plan Act of 2021 and related federal

17 guidance, including, but not limited to the following:

18 monthly amounts of $25,000,000 per month for July 2021,

19 August 2021, and September 2021 where at least 50% of the

20 funds in July shall be passed directly to front line

21 workers and an additional 12.5% more in each of the next 2

22 months; financial support programs for providers enhancing

23 direct care staff recruitment efforts through the payment

24 of education expenses; and financial support programs for

25 providers offering enhanced and expanded training for all

26 levels of the long term care healthcare workforce to

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1 achieve better patient outcomes, such as training on

2 infection control, proper personal protective equipment,

3 best practices in quality of care, and culturally

4 competent patient communications. The Department shall

5 have the authority to audit and potentially recoup funds

6 not utilized as outlined and attested.

7 (9) From funds appropriated, directly or indirectly,

8 from moneys received by the State from the Coronavirus

9 State Fiscal Recovery Fund for Fiscal Years 2022 through

10 2024 the Department shall establish a program for making

11 payments to facilities licensed under the Nursing Home

12 Care Act and facilities licensed under the Specialized

13 Mental Health Rehabilitation Act of 2013. To the extent

14 permitted by Section 9901 of the American Rescue Plan Act

15 of 2021 and related federal guidance, the program shall

16 provide payments for making permanent improvements to

17 resident rooms in order to improve resident outcomes and

18 infection control. Funds may be used to reduce bed

19 capacity and room occupancy. To be eligible for funding, a

20 facility must submit an application to the Department as

21 prescribed by the Department and as published on its

22 website. A facility may need to receive approval from the

23 Health Facilities and Services Review Board for the

24 permanent improvements or the removal of the beds before

25 it can receive payment under this paragraph.

26 (Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21;

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1 revised 7-16-21.)

2 (305 ILCS 5/5-5e)

3 Sec. 5-5e. Adjusted rates of reimbursement.

4 (a) Rates or payments for services in effect on June 30,

5 2012 shall be adjusted and services shall be affected as

6 required by any other provision of Public Act 97-689. In

7 addition, the Department shall do the following:

8 (1) Delink the per diem rate paid for supportive

9 living facility services from the per diem rate paid for

10 nursing facility services, effective for services provided

11 on or after May 1, 2011 and before July 1, 2019.

12 (2) Cease payment for bed reserves in nursing

13 facilities and specialized mental health rehabilitation

14 facilities; for purposes of therapeutic home visits for

15 individuals scoring as TBI on the MDS 3.0, beginning June

16 1, 2015, the Department shall approve payments for bed

17 reserves in nursing facilities and specialized mental

18 health rehabilitation facilities that have at least a 90%

19 occupancy level and at least 80% of their residents are

20 Medicaid eligible. Payment shall be at a daily rate of 75%

21 of an individual's current Medicaid per diem and shall not

22 exceed 10 days in a calendar month.

23 (2.5) Cease payment for bed reserves for purposes of

24 inpatient hospitalizations to intermediate care facilities

25 for persons with developmental disabilities, except in the

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1 instance of residents who are under 21 years of age.

2 (3) Cease payment of the $10 per day add-on payment to

3 nursing facilities for certain residents with

4 developmental disabilities.

5 (b) After the application of subsection (a),

6 notwithstanding any other provision of this Code to the

7 contrary and to the extent permitted by federal law, on and

8 after July 1, 2012, the rates of reimbursement for services

9 and other payments provided under this Code shall further be

10 reduced as follows:

11 (1) Rates or payments for physician services, dental

12 services, or community health center services reimbursed

13 through an encounter rate, and services provided under the

14 Medicaid Rehabilitation Option of the Illinois Title XIX

15 State Plan shall not be further reduced, except as

16 provided in Section 5-5b.1.

17 (2) Rates or payments, or the portion thereof, paid to

18 a provider that is operated by a unit of local government

19 or State University that provides the non-federal share of

20 such services shall not be further reduced, except as

21 provided in Section 5-5b.1.

22 (3) Rates or payments for hospital services delivered

23 by a hospital defined as a Safety-Net Hospital under

24 Section 5-5e.1 of this Code shall not be further reduced,

25 except as provided in Section 5-5b.1.

26 (4) Rates or payments for hospital services delivered

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1 by a Critical Access Hospital, which is an Illinois

2 hospital designated as a critical care hospital by the

3 Department of Public Health in accordance with 42 CFR 485,

4 Subpart F, shall not be further reduced, except as

5 provided in Section 5-5b.1.

6 (5) Rates or payments for Nursing Facility Services

7 shall only be further adjusted pursuant to Section 5-5.2

8 of this Code.

9 (6) Rates or payments for services delivered by long

10 term care facilities licensed under the ID/DD Community

11 Care Act or the MC/DD Act and developmental training

12 services shall not be further reduced.

13 (7) Rates or payments for services provided under

14 capitation rates shall be adjusted taking into

15 consideration the rates reduction and covered services

16 required by Public Act 97-689.

17 (8) For hospitals not previously described in this

18 subsection, the rates or payments for hospital services

19 provided before July 1, 2021, shall be further reduced by

20 3.5%, except for payments authorized under Section 5A-12.4

21 of this Code. For hospital services provided on or after

22 July 1, 2021, all rates for hospital services previously

23 reduced pursuant to Public Act ~~P.A.~~ 97-689 shall be

24 increased to reflect the discontinuation of any hospital

25 rate reductions authorized in this paragraph (8).

26 (9) For all other rates or payments for services

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1 delivered by providers not specifically referenced in

2 paragraphs (1) through (7), rates or payments shall be

3 further reduced by 2.7%.

4 (c) Any assessment imposed by this Code shall continue and

5 nothing in this Section shall be construed to cause it to

6 cease.

7 (d) Notwithstanding any other provision of this Code to

8 the contrary, subject to federal approval under Title XIX of

9 the Social Security Act, for dates of service on and after July

10 1, 2014, rates or payments for services provided for the

11 purpose of transitioning children from a hospital to home

12 placement or other appropriate setting by a children's

13 community-based health care center authorized under the

14 Alternative Health Care Delivery Act shall be $683 per day.

15 (e) (Blank).

16 (f) (Blank).

17 (Source: P.A. 101-10, eff. 6-5-19; 101-649, eff. 7-7-20;

18 102-16, eff. 6-17-21; revised 7-16-21.)

19 Section 170. The Cannabis Regulation and Tax Act is

20 amended by changing Section 55-28 as follows:

21 (410 ILCS 705/55-28)

22 Sec. 55-28. Restricted cannabis zones.

23 (a) As used in this Section:

24 "Legal voter" means a person:

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1 (1) who is duly registered to vote in a municipality

2 with a population of over 500,000;

3 (2) whose name appears on a poll list compiled by the

4 city board of election commissioners since the last

5 preceding election, regardless of whether the election was

6 a primary, general, or special election;

7 (3) who, at the relevant time, is a resident of the

8 address at which he or she is registered to vote; and

9 (4) whose address, at the relevant time, is located in

10 the precinct where such person seeks to file a notice of

11 intent to initiate a petition process, circulate a

12 petition, or sign a petition under this Section.

13 As used in the definition of "legal voter", "relevant

14 time" means any time that:

15 (i) a notice of intent is filed, pursuant to

16 subsection (c) of this Section, to initiate the petition

17 process under this Section;

18 (ii) the petition is circulated for signature in the

19 applicable precinct; or

20 (iii) the petition is signed by registered voters in

21 the applicable precinct.

22 "Petition" means the petition described in this Section.

23 "Precinct" means the smallest constituent territory within

24 a municipality with a population of over 500,000 in which

25 electors vote as a unit at the same polling place in any

26 election governed by the Election Code.

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1 "Restricted cannabis zone" means a precinct within which

2 home cultivation, one or more types of cannabis business

3 establishments, or both has been prohibited pursuant to an

4 ordinance initiated by a petition under this Section.

5 (b) The legal voters of any precinct within a municipality

6 with a population of over 500,000 may petition their local

7 alderperson, using a petition form made available online by

8 the city clerk, to introduce an ordinance establishing the

9 precinct as a restricted zone. Such petition shall specify

10 whether it seeks an ordinance to prohibit, within the

11 precinct: (i) home cultivation; (ii) one or more types of

12 cannabis business establishments; or (iii) home cultivation

13 and one or more types of cannabis business establishments.

14 Upon receiving a petition containing the signatures of at

15 least 25% of the registered voters of the precinct, and

16 concluding that the petition is legally sufficient following

17 the posting and review process in subsection (c) of this

18 Section, the city clerk shall notify the local alderperson of

19 the ward in which the precinct is located. Upon being

20 notified, that alderperson, following an assessment of

21 relevant factors within the precinct, including, but not

22 limited to, its geography, density and character, the

23 prevalence of residentially zoned property, current licensed

24 cannabis business establishments in the precinct, the current

25 amount of home cultivation in the precinct, and the prevailing

26 viewpoint with regard to the issue raised in the petition, may

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1 introduce an ordinance to the municipality's governing body

2 creating a restricted cannabis zone in that precinct.

3 (c) A person seeking to initiate the petition process

4 described in this Section shall first submit to the city clerk

5 notice of intent to do so, on a form made available online by

6 the city clerk. That notice shall include a description of the

7 potentially affected area and the scope of the restriction

8 sought. The city clerk shall publicly post the submitted

9 notice online.

10 To be legally sufficient, a petition must contain the

11 requisite number of valid signatures and all such signatures

12 must be obtained within 90 days of the date that the city clerk

13 publicly posts the notice of intent. Upon receipt, the city

14 clerk shall post the petition on the municipality's website

15 for a 30-day comment period. The city clerk is authorized to

16 take all necessary and appropriate steps to verify the legal

17 sufficiency of a submitted petition. Following the petition

18 review and comment period, the city clerk shall publicly post

19 online the status of the petition as accepted or rejected, and

20 if rejected, the reasons therefor. If the city clerk rejects a

21 petition as legally insufficient, a minimum of 12 months must

22 elapse from the time the city clerk posts the rejection notice

23 before a new notice of intent for that same precinct may be

24 submitted.

25 (c-5) Within 3 days after receiving an application for

26 zoning approval to locate a cannabis business establishment

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1 within a municipality with a population of over 500,000, the

2 municipality shall post a public notice of the filing on its

3 website and notify the alderperson ~~alderman~~ of the ward in

4 which the proposed cannabis business establishment is to be

5 located of the filing. No action shall be taken on the zoning

6 application for 7 business days following the notice of the

7 filing for zoning approval.

8 If a notice of intent to initiate the petition process to

9 prohibit the type of cannabis business establishment proposed

10 in the precinct of the proposed cannabis business

11 establishment is filed prior to the filing of the application

12 or within the 7-day period after the filing of the

13 application, the municipality shall not approve the

14 application for at least 90 days after the city clerk publicly

15 posts the notice of intent to initiate the petition process.

16 If a petition is filed within the 90-day petition-gathering

17 period described in subsection (c), the municipality shall not

18 approve the application for an additional 90 days after the

19 city clerk's receipt of the petition; provided that if the

20 city clerk rejects a petition as legally insufficient, the

21 municipality may approve the application prior to the end of

22 the 90 days. If a petition is not submitted within the 90-day

23 petition-gathering period described in subsection (c), the

24 municipality may approve the application unless the approval

25 is otherwise stayed pursuant to this subsection by a separate

26 notice of intent to initiate the petition process filed timely

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1 within the 7-day period.

2 If no legally sufficient petition is timely filed, a

3 minimum of 12 months must elapse before a new notice of intent

4 for that same precinct may be submitted.

5 (d) Notwithstanding any law to the contrary, the

6 municipality may enact an ordinance creating a restricted

7 cannabis zone. The ordinance shall:

8 (1) identify the applicable precinct boundaries as of

9 the date of the petition;

10 (2) state whether the ordinance prohibits within the

11 defined boundaries of the precinct, and in what

12 combination: (A) one or more types of cannabis business

13 establishments; or (B) home cultivation;

14 (3) be in effect for 4 years, unless repealed earlier;

15 and

16 (4) once in effect, be subject to renewal by ordinance

17 at the expiration of the 4-year period without the need

18 for another supporting petition.

19 (e) An Early Approval Adult Use Dispensing Organization

20 License permitted to relocate under subsection (b-5) of

21 Section 15-15 shall not relocate to a restricted cannabis

22 zone.

23 (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;

24 102-15, eff. 6-17-21; 102-98, eff. 7-15-21; revised 8-3-21.)

25 Section 175. The Reimagine Public Safety Act is amended by

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1 changing Section 35-10 as follows:

2 (430 ILCS 69/35-10)

3 Sec. 35-10. Definitions. As used in this Act:

4 "Approved technical assistance and training provider"

5 means an organization that has experience in improving the

6 outcomes of local community-based organizations by providing

7 supportive services that address the gaps in their resources

8 and knowledge about content-based work or provide support and

9 knowledge about the administration and management of

10 organizations, or both. Approved technical assistance and

11 training providers as defined in this Act are intended to

12 assist community organizations with evaluating the need for

13 evidence-based ~~evidenced-based~~ violence prevention services,

14 promising violence prevention programs, starting up

15 programming, and strengthening the quality of existing

16 programming.

17 "Communities" means, for municipalities with a 1,000,000

18 or more population in Illinois, the 77 designated areas

19 defined by the University of Chicago Social Science Research

20 Committee as amended in 1980.

21 "Concentrated firearm violence" means the 17 most violent

22 communities in Illinois municipalities greater than one

23 million residents and the 10 most violent municipalities with

24 less than 1,000,000 residents and greater than 25,000

25 residents with the most per capita firearm-shot incidents from

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1 January 1, 2016 through December 31, 2020.

2 "Criminal justice-involved" means an individual who has

3 been arrested, indicted, convicted, adjudicated delinquent, or

4 otherwise detained by criminal justice authorities for

5 violation of Illinois criminal laws.

6 "Evidence-based high-risk youth intervention services"

7 means programs that reduce involvement in the criminal justice

8 system, increase school attendance, and refer high-risk teens

9 into therapeutic programs that address trauma recovery and

10 other mental health improvements based on best practices in

11 the youth intervention services field.

12 "Evidence-based ~~Evidenced-based~~ violence prevention

13 services" means coordinated programming and services that may

14 include, but are not limited to, effective emotional or trauma

15 related therapies, housing, employment training, job

16 placement, family engagement, or wrap-around support services

17 that are considered to be best practice for reducing violence

18 within the field of violence intervention research and

19 practice.

20 "Evidence-based youth development programs" means

21 after-school and summer programming that provides services to

22 teens to increase their school attendance, school performance,

23 reduce involvement in the criminal justice system, and develop

24 nonacademic interests that build social emotional persistence

25 and intelligence based on best practices in the field of youth

26 development services for high-risk youth.

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1 "Options school" means a secondary school where 75% or

2 more of attending students have either stopped attending or

3 failed their secondary school courses since first attending

4 ninth grade.

5 "Qualified violence prevention organization" means an

6 organization that manages and employs qualified violence

7 prevention professionals.

8 "Qualified violence prevention professional" means a

9 community health worker who renders violence preventive

10 services.

11 "Social organization" means an organization of individuals

12 who form the organization for the purposes of enjoyment, work,

13 and other mutual interests.

14 (Source: P.A. 102-16, eff. 6-17-21; revised 7-16-21.)

15 Section 180. The Judicial Districts Act of 2021 is amended

16 by changing Section 5 as follows:

17 (705 ILCS 23/5)

18 Sec. 5. Legislative intent. The intent of this Act is to

19 redraw the Judicial Districts to meet the requirements of the

20 Illinois Constitution of 1970 by providing that outside of the

21 First District the State "shall be divided by law into four

22 Judicial Districts of substantially equal population, each of

23 which shall be compact and composed of contiguous counties."

24 Section 2 of Article VI of the Illinois Constitution of

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1 1970 divides the State into five Judicial Districts for the

2 selection of Supreme and Appellate Court Judges, with Cook

3 County comprising the First District and the remainder of the

4 State "divided by law into four Judicial Districts of

5 substantially equal population, each of which shall be compact

6 and composed of contiguous counties." Further, Section 7 of

7 Article VI provides that a Judicial Circuit must be located

8 within one Judicial District, and also provides the First

9 Judicial District is comprised of a judicial circuit and the

10 remainder provided by law, subject to the requirement that

11 Circuits composed of more than one county shall be compact and

12 of contiguous counties. The current Judicial District map was

13 enacted in 1963.

14 The current Judicial Districts do not meet the

15 Constitution's requirement that four Districts other than the

16 First District be of "substantially equal population." Using

17 the American Community Survey data available at the time this

18 Act is enacted, the population of the current First District

19 is 5,198,212; the Second District is 3,204,960; the Third

20 District is 1,782,863; the Fourth District is 1,299,747; and

21 the Fifth District is 1,284,757.

22 Under this redistricting plan, the population, according

23 to the American Community Survey, of the Second District will

24 be 1,770,983; the Third District will be 1,950,349; the Fourth

25 District will be 2,011,316; and the Fifth District will be

26 1,839,679. A similar substantially equitable result occurs

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1 using the 2010 U.S. Census data, the most recent decennial

2 census data available at the time of this Act, with the

3 population of the Second District being approximately

4 1,747,387; the Third District being 1,936,616; the Fourth

5 District being 2,069,660; and the Fifth District being

6 1,882,294. Because of the constitutional requirement that a

7 District be composed of whole counties, and given that actual

8 population changes on a day-to-day basis, the populations are

9 not and could never be exact, but the population of each of the

10 four Districts created by this Act is substantially equal.

11 In addition to ensuring the population of the four

12 Districts are substantially equal, this Act complies with

13 Section 7 of Article VI of the Illinois Constitution of 1970,

14 which provides that the First Judicial District shall be

15 comprised of a Judicial Circuit, and the remaining Judicial

16 Circuits shall be provided by law, and Circuits comprised of

17 more than one county shall be compact and of contiguous

18 counties. To comply with Section 7 of Article VI and minimize

19 disruption to the administration of the Judicial Branch, this

20 Act avoids changing the compositions and boundaries of the

21 Judicial Circuits, while simultaneously creating substantially

22 equally populated, compact, and contiguous Judicial Districts.

23 To further avoid any interruption to the administration of

24 the Judicial Branch, this Act does not require that the

25 Supreme Court change where the Appellate Courts currently

26 reside. By Supreme Court Rule, the Second District Appellate

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1 Court currently sits in Elgin; the Third District Appellate

2 Court currently sits in Ottawa; the Fourth District Appellate

3 Court currently sits in Springfield; and the Fifth District

4 Appellate Court currently sits in Mt. Vernon. Under this Act,

5 the Supreme Court is not required to change where the

6 Appellate Courts sit as those cities remain in the Second,

7 Third, Fourth, and Fifth District respectively.

8 To ensure continuity of service and compliance with the

9 Illinois Constitution of 1970, nothing in this Act is intended

10 to affect the tenure of any Appellate or Supreme Court Judge

11 elected or appointed prior to the effective date of this Act.

12 In accordance with the Constitution, no change in the

13 boundaries shall affect an incumbent judge's qualification for

14 office or right to run for retention. Incumbent judges have

15 the right to run for retention in the counties comprising the

16 District that elected the judge, or in the counties comprising

17 the new District where the judge resides, as the judge may

18 elect. As provided by the Constitution, upon a vacancy in an

19 elected Supreme or Appellate Court office, the Supreme Court

20 may fill the vacancy until the vacancy is filled in the next

21 general election in the counties comprising the District

22 created by this Act.

23 Further, nothing in this Act is intended to alter or

24 impair the ability of the Supreme Court to fulfill its

25 obligations to ensure the proper administration of the

26 Judicial Branch. For example, it remains within the purview of

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1 the Supreme Court to assign or reassign any judge to any court

2 or determine assignment of additional judges to the Appellate

3 Court. Section 1 of the Appellate Act provides that the

4 "Supreme Court may assign additional judges to service in the

5 Appellate Court from time to time as the business of the

6 Appellate Court requires." Currently the Supreme Court has

7 three judges on assignment to the Second District Appellate

8 Court, whereas one judge is on assignment to the Third,

9 Fourth, and Fifth Districts. Nothing in this Act seeks to

10 alter any judicial assignments.

11 Finally, it is the intent of the General Assembly that any

12 appealable order, as defined by Supreme Court Rules, entered

13 prior to the effective date of this Act shall be subject to

14 judicial review by the Judicial District in effect on the date

15 the order was entered; however, the administrative and

16 supervisory authority of the courts remains within the purview

17 of the Supreme Court.

18 (Source: P.A. 102-11, eff. 6-4-21; revised 7-15-21.)

19 Section 185. The Criminal Code of 2012 is amended by

20 changing Sections 7-5 and 7-5.5 as follows:

21 (720 ILCS 5/7-5) (from Ch. 38, par. 7-5)

22 Sec. 7-5. Peace officer's use of force in making arrest.

23 (a) A peace officer, or any person whom he has summoned or

24 directed to assist him, need not retreat or desist from

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1 efforts to make a lawful arrest because of resistance or

2 threatened resistance to the arrest. He is justified in the

3 use of any force which he reasonably believes, based on the

4 totality of the circumstances, to be necessary to effect the

5 arrest and of any force which he reasonably believes, based on

6 the totality of the circumstances, to be necessary to defend

7 himself or another from bodily harm while making the arrest.

8 However, he is justified in using force likely to cause death

9 or great bodily harm only when: (i) he reasonably believes,

10 based on the totality of the circumstances, that such force is

11 necessary to prevent death or great bodily harm to himself or

12 such other person; or (ii) when he reasonably believes, based

13 on the totality of the circumstances, both that:

14 (1) Such force is necessary to prevent the arrest from

15 being defeated by resistance or escape and the officer

16 reasonably believes that the person to be arrested is

17 likely to cause great bodily harm to another; and

18 (2) The person to be arrested committed or attempted a

19 forcible felony which involves the infliction or

20 threatened infliction of great bodily harm or is

21 attempting to escape by use of a deadly weapon, or

22 otherwise indicates that he will endanger human life or

23 inflict great bodily harm unless arrested without delay.

24 As used in this subsection, "retreat" does not mean

25 tactical repositioning or other de-escalation tactics.

26 A peace officer is not justified in using force likely to

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1 cause death or great bodily harm when there is no longer an

2 imminent threat of great bodily harm to the officer or

3 another.

4 (a-5) Where feasible, a peace officer shall, prior to the

5 use of force, make reasonable efforts to identify himself or

6 herself as a peace officer and to warn that deadly force may be

7 used.

8 (a-10) A peace officer shall not use deadly force against

9 a person based on the danger that the person poses to himself

10 or herself if a~~an~~ reasonable officer would believe the person

11 does not pose an imminent threat of death or great bodily harm

12 to the peace officer or to another person.

13 (a-15) A peace officer shall not use deadly force against

14 a person who is suspected of committing a property offense,

15 unless that offense is terrorism or unless deadly force is

16 otherwise authorized by law.

17 (b) A peace officer making an arrest pursuant to an

18 invalid warrant is justified in the use of any force which he

19 would be justified in using if the warrant were valid, unless

20 he knows that the warrant is invalid.

21 (c) The authority to use physical force conferred on peace

22 officers by this Article is a serious responsibility that

23 shall be exercised judiciously and with respect for human

24 rights and dignity and for the sanctity of every human life.

25 (d) Peace officers shall use deadly force only when

26 reasonably necessary in defense of human life. In determining

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1 whether deadly force is reasonably necessary, officers shall

2 evaluate each situation in light of the totality of

3 circumstances of each case, including, but not limited to, the

4 proximity in time of the use of force to the commission of a

5 forcible felony, and the reasonable feasibility of safely

6 apprehending a subject at a later time, and shall use other

7 available resources and techniques, if reasonably safe and

8 feasible to a reasonable officer.

9 (e) The decision by a peace officer to use force shall be

10 evaluated carefully and thoroughly, in a manner that reflects

11 the gravity of that authority and the serious consequences of

12 the use of force by peace officers, in order to ensure that

13 officers use force consistent with law and agency policies.

14 (f) The decision by a peace officer to use force shall be

15 evaluated from the perspective of a reasonable officer in the

16 same situation, based on the totality of the circumstances

17 known to or perceived by the officer at the time of the

18 decision, rather than with the benefit of hindsight, and that

19 the totality of the circumstances shall account for occasions

20 when officers may be forced to make quick judgments about

21 using force.

22 (g) Law enforcement agencies are encouraged to adopt and

23 develop policies designed to protect individuals with

24 physical, mental health, developmental, or intellectual

25 disabilities, or individuals who are significantly more likely

26 to experience greater levels of physical force during police

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1 interactions, as these disabilities may affect the ability of

2 a person to understand or comply with commands from peace

3 officers.

4 (h) As used in this Section:

5 (1) "Deadly force" means any use of force that creates

6 a substantial risk of causing death or great bodily harm,

7 including, but not limited to, the discharge of a firearm.

8 (2) A threat of death or serious bodily injury is

9 "imminent" when, based on the totality of the

10 circumstances, a reasonable officer in the same situation

11 would believe that a person has the present ability,

12 opportunity, and apparent intent to immediately cause

13 death or great bodily harm to the peace officer or another

14 person. An imminent harm is not merely a fear of future

15 harm, no matter how great the fear and no matter how great

16 the likelihood of the harm, but is one that, from

17 appearances, must be instantly confronted and addressed.

18 (3) "Totality of the circumstances" means all facts

19 known to the peace officer at the time, or that would be

20 known to a reasonable officer in the same situation,

21 including the conduct of the officer and the subject

22 leading up to the use of deadly force.

23 (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;

24 revised 8-2-21.)

25 (720 ILCS 5/7-5.5)

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1 Sec. 7-5.5. Prohibited use of force by a peace officer.

2 (a) A peace officer, or any other person acting under the

3 color of law, shall not use a chokehold or restraint above the

4 shoulders with risk of asphyxiation in the performance of his

5 or her duties, unless deadly force is justified under this

6 Article ~~7 of this Code~~.

7 (b) A peace officer, or any other person acting under the

8 color of law, shall not use a chokehold or restraint above the

9 shoulders with risk of asphyxiation, or any lesser contact

10 with the throat or neck area of another, in order to prevent

11 the destruction of evidence by ingestion.

12 (c) As used in this Section, "chokehold" means applying

13 any direct pressure to the throat, windpipe, or airway of

14 another. "Chokehold" does not include any holding involving

15 contact with the neck that is not intended to reduce the intake

16 of air such as a headlock where the only pressure applied is to

17 the head.

18 (d) As used in this Section, "restraint above the

19 shoulders with risk of positional asphyxiation" means a use of

20 a technique used to restrain a person above the shoulders,

21 including the neck or head, in a position which interferes

22 with the person's ability to breathe after the person no

23 longer poses a threat to the officer or any other person.

24 (e) A peace officer, or any other person acting under the

25 color of law, shall not:

26 (i) use force as punishment or retaliation;

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1 (ii) discharge kinetic impact projectiles and all

2 other non-lethal or ~~non-or~~ less-lethal projectiles in a

3 manner that targets the head, neck, groin, anterior

4 pelvis, or back;

5 (iii) discharge conducted electrical weapons in a

6 manner that targets the head, chest, neck, groin, or

7 anterior pelvis;

8 (iv) discharge firearms or kinetic impact projectiles

9 indiscriminately into a crowd;

10 (v) use chemical agents or irritants for crowd

11 control, including pepper spray and tear gas, prior to

12 issuing an order to disperse in a sufficient manner to

13 allow for the order to be heard and repeated if necessary,

14 followed by sufficient time and space to allow compliance

15 with the order unless providing such time and space would

16 unduly place an officer or another person at risk of death

17 or great bodily harm; or

18 (vi) use chemical agents or irritants, including

19 pepper spray and tear gas, prior to issuing an order in a

20 sufficient manner to ensure the order is heard, and

21 repeated if necessary, to allow compliance with the order

22 unless providing such time and space would unduly place an

23 officer or another person at risk of death or great bodily

24 harm.

25 (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;

26 revised 8-2-21.)

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1 Section 190. The State's Attorneys Appellate Prosecutor's

2 Act is amended by changing Section 3 as follows:

3 (725 ILCS 210/3) (from Ch. 14, par. 203)

4 Sec. 3. There is created the Office of the State's

5 Attorneys Appellate Prosecutor as a judicial agency ofState

6 ~~state~~ government.

7 (a) The Office of the State's Attorneys Appellate

8 Prosecutor shall be governed by a board of governors which

9 shall consist of 10 members as follows:

10 (1) Eight State's Attorneys, 2 to be elected from each

11 District containing less than 3,000,000 inhabitants;

12 (2) The State's Attorney of Cook County or his or her

13 designee; and

14 (3) One State's Attorney to be bi-annually appointed

15 by the other 9 members.

16 (b) Voting for elected members shall be by District with

17 each of the State's Attorneys voting from their respective

18 district. Each board member must be duly elected or appointed

19 and serving as State's Attorney in the district from which he

20 was elected or appointed.

21 (c) Elected members shall serve for a term of 2 years

22 commencing upon their election and until their successors are

23 duly elected or appointed and qualified.

24 (d) A bi-annual ~~An bi-annually~~ election of members of the

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1 board shall be held within 30 days prior or subsequent to the

2 beginning of ~~the~~ each odd numbered calendar year, and the

3 board shall certify the results to the Secretary of State.

4 (e) The board shall promulgate rules of procedure for the

5 election of its members and the conduct of its meetings and

6 shall elect a Chairman and a Vice-Chairman and such other

7 officers as it deems appropriate. The board shall meet at

8 least once every 3 months, and in addition thereto as directed

9 by the Chairman, or upon the special call of any 5 members of

10 the board, in writing, sent to the Chairman, designating the

11 time and place of the meeting.

12 (f) Five members of the board shall constitute a quorum

13 for the purpose of transacting business.

14 (g) Members of the board shall serve without compensation,

15 but shall be reimbursed for necessary expenses incurred in the

16 performance of their duties.

17 (h) A position shall be vacated by either a member's

18 resignation, removal or inability to serve as State's

19 Attorney.

20 (i) Vacancies on the board of elected members shall be

21 filled within 90 days of the occurrence of the vacancy by a

22 special election held by the State's Attorneys in the district

23 where the vacancy occurred. Vacancies on the board of the

24 appointed member shall be filled within 90 days of the

25 occurrence of the vacancy by a special election by the

26 members. In the case of a special election, the tabulation and

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1 certification of the results may be conducted at any regularly

2 scheduled quarterly or special meeting called for that

3 purpose. A member elected or appointed to fill such position

4 shall serve for the unexpired term of the member whom he is

5 succeeding. Any member may be re-elected or re-appointed for

6 additional terms.

7 (Source: P.A. 102-16, eff. 6-17-21; revised 7-16-21.)

8 Section 195. The Unified Code of Corrections is amended by

9 changing Sections 3-2-5.5, 5-8-1, and 5-8A-4 as follows:

10 (730 ILCS 5/3-2-5.5)

11 Sec. 3-2-5.5. Women's Division.

12 (a) As used in this Section:

13 "Gender-responsive" means taking into account gender

14 specific differences that have been identified in

15 women-centered research, including, but not limited to,

16 socialization, psychological development, strengths, risk

17 factors, pathways through systems, responses to treatment

18 intervention, and other unique gender specific needs

19 facing justice-involved women. Gender responsive policies,

20 practices, programs, and services shall be implemented in

21 a manner that is considered relational, culturally

22 competent, family-centered, holistic, strength-based, and

23 trauma-informed.

24 "Trauma-informed practices" means practices

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1 incorporating gender violence research and the impact of

2 all forms of trauma in designing and implementing

3 policies, practices, processes, programs, and services

4 that involve understanding, recognizing, and responding to

5 the effects of all types of trauma with emphasis on

6 physical, psychological, and emotional safety.

7 (b) The Department shall create a permanent Women's

8 Division under the direct supervision of the Director. The

9 Women's Division shall have statewide authority and

10 operational oversight for all of the Department's women's

11 correctional centers and women's adult transition centers.

12 (c) The Director shall appoint a Chief Administrator for

13 the Women's Division who has received nationally recognized

14 specialized training in gender-responsive and trauma-informed

15 practices. The Chief Administrator shall be responsible for:

16 (1) management and supervision of all employees

17 assigned to the Women's Division correctional centers and

18 adult transition centers;

19 (2) development and implementation of evidence-based

20 ~~evidenced-based~~, gender-responsive, and trauma-informed

21 practices that govern Women's Division operations and

22 programs;

23 (3) development of the Women's Division training,

24 orientation, and cycle curriculum, which shall be updated

25 as needed to align with gender responsive and

26 trauma-informed practices;

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1 (4) training all staff assigned to the Women's

2 Division correctional centers and adult transition centers

3 on gender-responsive and trauma-informed practices;

4 (5) implementation of validated gender-responsive

5 classification and placement instruments;

6 (6) implementation of a gender-responsive risk,

7 assets, and needs assessment tool and case management

8 system for the Women's Division; and

9 (7) collaborating with the Chief Administrator of

10 Parole to ensure staff responsible for supervision of

11 females under mandatory supervised release are

12 appropriately trained in evidence-based practices in

13 community supervision, gender-responsive practices, and

14 trauma-informed practices.

15 (Source: P.A. 100-527, eff. 6-1-18; 100-576, eff. 6-1-18;

16 revised 7-16-21.)

17 (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)

18 Sec. 5-8-1. Natural life imprisonment; enhancements for

19 use of a firearm; mandatory supervised release terms.

20 (a) Except as otherwise provided in the statute defining

21 the offense or in Article 4.5 of Chapter V, a sentence of

22 imprisonment for a felony shall be a determinate sentence set

23 by the court under this Section, subject to Section 5-4.5-115

24 of this Code, according to the following limitations:

25 (1) for first degree murder,

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1 (a) (blank),

2 (b) if a trier of fact finds beyond a reasonable

3 doubt that the murder was accompanied by exceptionally

4 brutal or heinous behavior indicative of wanton

5 cruelty or, except as set forth in subsection

6 (a)(1)(c) of this Section, that any of the aggravating

7 factors listed in subsection (b) or (b-5) of Section

8 9-1 of the Criminal Code of 1961 or the Criminal Code

9 of 2012 are present, the court may sentence the

10 defendant, subject to Section 5-4.5-105, to a term of

11 natural life imprisonment, or

12 (c) the court shall sentence the defendant to a

13 term of natural life imprisonment if the defendant, at

14 the time of the commission of the murder, had attained

15 the age of 18, and:

16 (i) has previously been convicted of first

17 degree murder under any state or federal law, or

18 (ii) is found guilty of murdering more than

19 one victim, or

20 (iii) is found guilty of murdering a peace

21 officer, fireman, or emergency management worker

22 when the peace officer, fireman, or emergency

23 management worker was killed in the course of

24 performing his official duties, or to prevent the

25 peace officer or fireman from performing his

26 official duties, or in retaliation for the peace

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1 officer, fireman, or emergency management worker

2 from performing his official duties, and the

3 defendant knew or should have known that the

4 murdered individual was a peace officer, fireman,

5 or emergency management worker, or

6 (iv) is found guilty of murdering an employee

7 of an institution or facility of the Department of

8 Corrections, or any similar local correctional

9 agency, when the employee was killed in the course

10 of performing his official duties, or to prevent

11 the employee from performing his official duties,

12 or in retaliation for the employee performing his

13 official duties, or

14 (v) is found guilty of murdering an emergency

15 medical technician - ambulance, emergency medical

16 technician - intermediate, emergency medical

17 technician - paramedic, ambulance driver or other

18 medical assistance or first aid person while

19 employed by a municipality or other governmental

20 unit when the person was killed in the course of

21 performing official duties or to prevent the

22 person from performing official duties or in

23 retaliation for performing official duties and the

24 defendant knew or should have known that the

25 murdered individual was an emergency medical

26 technician - ambulance, emergency medical

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1 technician - intermediate, emergency medical

2 technician - paramedic, ambulance driver, or other

3 medical assistant or first aid personnel, or

4 (vi) (blank), or

5 (vii) is found guilty of first degree murder

6 and the murder was committed by reason of any

7 person's activity as a community policing

8 volunteer or to prevent any person from engaging

9 in activity as a community policing volunteer. For

10 the purpose of this Section, "community policing

11 volunteer" has the meaning ascribed to it in

12 Section 2-3.5 of the Criminal Code of 2012.

13 For purposes of clause (v), "emergency medical

14 technician - ambulance", "emergency medical technician -

15 intermediate", "emergency medical technician -

16 paramedic", have the meanings ascribed to them in the

17 Emergency Medical Services (EMS) Systems Act.

18 (d)(i) if the person committed the offense while

19 armed with a firearm, 15 years shall be added to

20 the term of imprisonment imposed by the court;

21 (ii) if, during the commission of the offense, the

22 person personally discharged a firearm, 20 years shall

23 be added to the term of imprisonment imposed by the

24 court;

25 (iii) if, during the commission of the offense,

26 the person personally discharged a firearm that

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1 proximately caused great bodily harm, permanent

2 disability, permanent disfigurement, or death to

3 another person, 25 years or up to a term of natural

4 life shall be added to the term of imprisonment

5 imposed by the court.

6 (2) (blank);

7 (2.5) for a person who has attained the age of 18 years

8 at the time of the commission of the offense and who is

9 convicted under the circumstances described in subdivision

10 (b)(1)(B) of Section 11-1.20 or paragraph (3) of

11 subsection (b) of Section 12-13, subdivision (d)(2) of

12 Section 11-1.30 or paragraph (2) of subsection (d) of

13 Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or

14 paragraph (1.2) of subsection (b) of Section 12-14.1,

15 subdivision (b)(2) of Section 11-1.40 or paragraph (2) of

16 subsection (b) of Section 12-14.1 of the Criminal Code of

17 1961 or the Criminal Code of 2012, the sentence shall be a

18 term of natural life imprisonment.

19 (b) (Blank).

20 (c) (Blank).

21 (d) Subject to earlier termination under Section 3-3-8,

22 the parole or mandatory supervised release term shall be

23 written as part of the sentencing order and shall be as

24 follows:

25 (1) for first degree murder or for the offenses of

26 predatory criminal sexual assault of a child, aggravated

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1 criminal sexual assault, and criminal sexual assault if

2 committed on or before December 12, 2005, 3 years;

3 (1.5) except as provided in paragraph (7) of this

4 subsection (d), for a Class X felony except for the

5 offenses of predatory criminal sexual assault of a child,

6 aggravated criminal sexual assault, and criminal sexual

7 assault if committed on or after December 13, 2005 (the

8 effective date of Public Act 94-715) and except for the

9 offense of aggravated child pornography under Section

10 11-20.1B~~.~~, 11-20.3, or 11-20.1 with sentencing under

11 subsection (c-5) of Section 11-20.1 of the Criminal Code

12 of 1961 or the Criminal Code of 2012, if committed on or

13 after January 1, 2009, 18 months;

14 (2) except as provided in paragraph (7) of this

15 subsection (d), for a Class 1 felony or a Class 2 felony

16 except for the offense of criminal sexual assault if

17 committed on or after December 13, 2005 (the effective

18 date of Public Act 94-715) and except for the offenses of

19 manufacture and dissemination of child pornography under

20 clauses (a)(1) and (a)(2) of Section 11-20.1 of the

21 Criminal Code of 1961 or the Criminal Code of 2012, if

22 committed on or after January 1, 2009, 12 months;

23 (3) except as provided in paragraph (4), (6), or (7)

24 of this subsection (d), a mandatory supervised release

25 term shall not be imposed for a Class 3 felony or a Class 4

26 felony; unless:

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1 (A) the Prisoner Review Board, based on a

2 validated risk and needs assessment, determines it is

3 necessary for an offender to serve a mandatory

4 supervised release term;

5 (B) if the Prisoner Review Board determines a

6 mandatory supervised release term is necessary

7 pursuant to subparagraph (A) of this paragraph (3),

8 the Prisoner Review Board shall specify the maximum

9 number of months of mandatory supervised release the

10 offender may serve, limited to a term of: (i) 12 months

11 for a Class 3 felony; and (ii) 12 months for a Class 4

12 felony;

13 (4) for defendants who commit the offense of predatory

14 criminal sexual assault of a child, aggravated criminal

15 sexual assault, or criminal sexual assault, on or after

16 December 13, 2005 (the effective date of Public Act

17 94-715) ~~this amendatory Act of the 94th General Assembly~~,

18 or who commit the offense of aggravated child pornography

19 under Section 11-20.1B, 11-20.3, or 11-20.1 with

20 sentencing under subsection (c-5) of Section 11-20.1 of

21 the Criminal Code of 1961 or the Criminal Code of 2012,

22 manufacture of child pornography, or dissemination of

23 child pornography after January 1, 2009, the term of

24 mandatory supervised release shall range from a minimum of

25 3 years to a maximum of the natural life of the defendant;

26 (5) if the victim is under 18 years of age, for a

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1 second or subsequent offense of aggravated criminal sexual

2 abuse or felony criminal sexual abuse, 4 years, at least

3 the first 2 years of which the defendant shall serve in an

4 electronic monitoring or home detention program under

5 Article 8A of Chapter V of this Code;

6 (6) for a felony domestic battery, aggravated domestic

7 battery, stalking, aggravated stalking, and a felony

8 violation of an order of protection, 4 years;

9 (7) for any felony described in paragraph (a)(2)(ii),

10 (a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3),

11 (a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section

12 3-6-3 of the Unified Code of Corrections requiring an

13 inmate to serve a minimum of 85% of their court-imposed

14 sentence, except for the offenses of predatory criminal

15 sexual assault of a child, aggravated criminal sexual

16 assault, and criminal sexual assault if committed on or

17 after December 13, 2005 (the effective date of Public Act

18 94-715) and except for the offense of aggravated child

19 pornography under Section 11-20.1B~~.~~, 11-20.3, or 11-20.1

20 with sentencing under subsection (c-5) of Section 11-20.1

21 of the Criminal Code of 1961 or the Criminal Code of 2012,

22 if committed on or after January 1, 2009 and except as

23 provided in paragraph (4) or paragraph (6) of this

24 subsection (d), the term of mandatory supervised release

25 shall be as follows:

26 (A) Class X felony, 3 years;

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1 (B) Class 1 or Class 2 felonies, 2 years;

2 (C) Class 3 or Class 4 felonies, 1 year.

3 (e) (Blank).

4 (f) (Blank).

5 (g) Notwithstanding any other provisions of this Act and

6 of Public Act 101-652: (i) the provisions of paragraph (3) of

7 subsection (d) are effective on January 1, 2022 and shall

8 apply to all individuals convicted on or after the effective

9 date of paragraph (3) of subsection (d); and (ii) the

10 provisions of paragraphs (1.5) and (2) of subsection (d) are

11 effective on July 1, 2021 and shall apply to all individuals

12 convicted on or after the effective date of paragraphs (1.5)

13 and (2) of subsection (d).

14 (Source: P.A. 101-288, eff. 1-1-20; 101-652, eff. 7-1-21;

15 102-28, eff. 6-25-21; revised 8-2-21.)

16 (730 ILCS 5/5-8A-4) (from Ch. 38, par. 1005-8A-4)

17 Sec. 5-8A-4. Program description. The supervising

18 authority may promulgate rules that prescribe reasonable

19 guidelines under which an electronic monitoring and home

20 detention program shall operate. When using electronic

21 monitoring for home detention these rules may include,but not

22 be limited to, the following:

23 (A) The participant may be instructed to remain within

24 the interior premises or within the property boundaries of

25 his or her residence at all times during the hours

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1 designated by the supervising authority. Such instances of

2 approved absences from the home shall include, but are not

3 limited to, the following:

4 (1) working or employment approved by the court or

5 traveling to or from approved employment;

6 (2) unemployed and seeking employment approved for

7 the participant by the court;

8 (3) undergoing medical, psychiatric, mental health

9 treatment, counseling, or other treatment programs

10 approved for the participant by the court;

11 (4) attending an educational institution or a

12 program approved for the participant by the court;

13 (5) attending a regularly scheduled religious

14 service at a place of worship;

15 (6) participating in community work release or

16 community service programs approved for the

17 participant by the supervising authority; ~~or~~

18 (7) for another compelling reason consistent with

19 the public interest, as approved by the supervising

20 authority; or ~~.~~

21 (8) purchasing groceries, food, or other basic

22 necessities.

23 (A-1) At a minimum, any person ordered to pretrial

24 home confinement with or without electronic monitoring

25 must be provided with movement spread out over no fewer

26 than two days per week, to participate in basic activities

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1 such as those listed in paragraph (A).

2 (B) The participant shall admit any person or agent

3 designated by the supervising authority into his or her

4 residence at any time for purposes of verifying the

5 participant's compliance with the conditions of his or her

6 detention.

7 (C) The participant shall make the necessary

8 arrangements to allow for any person or agent designated

9 by the supervising authority to visit the participant's

10 place of education or employment at any time, based upon

11 the approval of the educational institution employer or

12 both, for the purpose of verifying the participant's

13 compliance with the conditions of his or her detention.

14 (D) The participant shall acknowledge and participate

15 with the approved electronic monitoring device as

16 designated by the supervising authority at any time for

17 the purpose of verifying the participant's compliance with

18 the conditions of his or her detention.

19 (E) The participant shall maintain the following:

20 (1) access to a working telephone;

21 (2) a monitoring device in the participant's home,

22 or on the participant's person, or both; and

23 (3) a monitoring device in the participant's home

24 and on the participant's person in the absence of a

25 telephone.

26 (F) The participant shall obtain approval from the

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1 supervising authority before the participant changes

2 residence or the schedule described in subsection (A) of

3 this Section. Such approval shall not be unreasonably

4 withheld.

5 (G) The participant shall not commit another crime

6 during the period of home detention ordered by the Court.

7 (H) Notice to the participant that violation of the

8 order for home detention may subject the participant to

9 prosecution for the crime of escape as described in

10 Section 5-8A-4.1.

11 (I) The participant shall abide by other conditions as

12 set by the supervising authority.

13 (J) This Section takes effect January 1, 2022.

14 (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;

15 revised 8-3-21.)

16 Section 200. The Reporting of Deaths in Custody Act is

17 amended by changing Section 3-5 as follows:

18 (730 ILCS 210/3-5)

19 Sec. 3-5. Report of deaths of persons in custody in

20 correctional institutions.

21 (a) In this Act, "law enforcement agency" includes each

22 law enforcement entity within this State having the authority

23 to arrest and detain persons suspected of, or charged with,

24 committing a criminal offense, and each law enforcement entity

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1 that operates a lock up, jail, prison, or any other facility

2 used to detain persons for legitimate law enforcement

3 purposes.

4 (b) In any case in which a person dies:

5 (1) while in the custody of:

6 (A) a law enforcement agency;

7 (B) a local or State correctional facility in this

8 State; or

9 (C) a peace officer; or

10 (2) as a result of the peace officer's use of force,

11 the law enforcement agency shall investigate and report

12 the death in writing to the Illinois Criminal Justice

13 Information Authority, no later than 30 days after the

14 date on which the person in custody or incarcerated died.

15 The written report shall contain the following

16 information:

17 (A) the following facts concerning the death that

18 are in the possession of the law enforcement agency in

19 charge of the investigation and the correctional

20 facility where the death occurred, race, age, gender,

21 sexual orientation, and gender identity of the

22 decedent, and a brief description of causes,

23 contributing factors and the circumstances surrounding

24 the death;

25 (B) if the death occurred in custody, the report

26 shall also include the jurisdiction, the law

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1 enforcement agency providing the investigation, and

2 the local or State facility where the death occurred;

3 (C) if the death occurred in custody the report

4 shall also include if emergency care was requested by

5 the law enforcement agency in response to any illness,

6 injury, self-inflicted or otherwise, or other issue

7 related to rapid deterioration of physical wellness or

8 human subsistence, and details concerning emergency

9 care that were provided to the decedent if emergency

10 care was provided.

11 (c) The law enforcement agency and the involved

12 correctional administrators shall make a good faith effort to

13 obtain all relevant facts and circumstances relevant to the

14 death and include those in the report.

15 (d) The Illinois Criminal Justice Information Authority

16 shall create a standardized form to be used for the purpose of

17 collecting information as described in subsection (b). The

18 information shall comply with this Act and the federal ~~Federal~~

19 Death in Custody Reporting Act of 2013.

20 (e) Law enforcement agencies shall use the form described

21 in subsection (d) to report all cases in which a person dies:

22 (1) while in the custody of:

23 (A) a law enforcement agency;

24 (B) a local or State correctional facility in this

25 State; or

26 (C) a peace officer; or

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1 (2) as a result of the peace officer's use of force.

2 (f) The Illinois Criminal Justice Information Authority

3 may determine the manner in which the form is transmitted from

4 a law enforcement agency to the Illinois Criminal Justice

5 Information Authority. All state agencies that collect similar

6 records as required under this Act, including the Illinois

7 State Police, Illinois Department of Corrections, and Illinois

8 Department of Juvenile Justice, shall collaborate with the

9 Illinois Criminal Justice and Information Authority to collect

10 the information in this Act.

11 (g) The reports shall be public records within the meaning

12 of subsection (c) of Section 2 of the Freedom of Information

13 Act and are open to public inspection, with the exception of

14 any portion of the report that the Illinois Criminal Justice

15 Information Authority determines is privileged or protected

16 under Illinois or federal law.

17 (g-5) The Illinois Criminal Justice Information Authority

18 shall begin collecting this information by January 1, 2022.

19 The reports and publications in subsections (h) and below

20 shall begin by June 1, 2022.

21 (h) The Illinois Criminal Justice Information Authority

22 shall make available to the public information of all

23 individual reports relating to deaths in custody through the

24 Illinois Criminal Justice Information Authority's website to

25 be updated on a quarterly basis.

26 (i) The Illinois Criminal Justice Information Authority

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1 shall issue a public annual report tabulating and evaluating

2 trends and information on deaths in custody, including, but

3 not limited to:

4 (1) information regarding the race, gender, sexual

5 orientation, and gender identity of the decedent; and a

6 brief description of the circumstances surrounding the

7 death;

8 (2) if the death occurred in custody, the report shall

9 also include the jurisdiction, law enforcement agency

10 providing the investigation, and local or State facility

11 where the death occurred; and

12 (3) recommendations and State and local efforts

13 underway to reduce deaths in custody.

14 The report shall be submitted to the Governor and General

15 Assembly and made available to the public on the Illinois

16 Criminal Justice Information Authority's website the first

17 week of February of each year.

18 (j) So that the State may oversee the healthcare provided

19 to any person in the custody of each law enforcement agency

20 within this State, provision of medical services to these

21 persons, general care and treatment, and any other factors

22 that may contribute to the death of any of these persons, the

23 following information shall be made available to the public on

24 the Illinois Criminal Justice Information Authority's website:

25 (1) the number of deaths that occurred during the

26 preceding calendar year;

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1 (2) the known, or discoverable upon reasonable

2 inquiry, causes and contributing factors of each of the

3 in-custody deaths as defined in subsection (b); and

4 (3) the law enforcement agency's policies, procedures,

5 and protocols related to:

6 (A) treatment of a person experiencing withdrawal

7 from alcohol or substance use;

8 (B) the facility's provision, or lack of

9 provision, of medications used to treat, mitigate, or

10 address a person's symptoms; and

11 (C) notifying an inmate's next of kin after the

12 inmate's in-custody death.

13 (k) The family, next of kin, or any other person

14 reasonably nominated by the decedent as an emergency contact

15 shall be notified as soon as possible in a suitable manner

16 giving an accurate factual account of the cause of death and

17 circumstances surrounding the death in custody in accordance

18 with State and federal law.

19 (l) The law enforcement agency or correctional facility

20 shall name a staff person to act as dedicated family liaison

21 officer to be a point of contact for the family, to make and

22 maintain contact with the family, to report ongoing

23 developments and findings of investigations, and to provide

24 information and practical support. If requested by the

25 deceased's next of kin, the law enforcement agency or

26 correctional facility shall arrange for a chaplain, counselor,

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1 or other suitable staff member to meet with the family and

2 discuss any faith considerations or concerns. The family has a

3 right to the medical records of a family member who has died in

4 custody and these records shall be disclosed to them in

5 accordance with State and federal law.

6 (m) Each department shall assign an employee or employees

7 to file reports under this Section. It is unlawful for a person

8 who is required under this Section to investigate a death or

9 file a report to fail to include in the report facts known or

10 discovered in the investigation to the Illinois Criminal

11 Justice Information Authority. A violation of this Section is

12 a petty offense, with a fine not to exceed $500.

13 (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;

14 revised 8-3-21.)

15 Section 205. The Probate Act of 1975 is amended by

16 changing Section 11a-4 as follows:

17 (755 ILCS 5/11a-4)

18 (Text of Section before amendment by P.A. 102-72)

19 Sec. 11a-4. Temporary guardian.

20 (a) Prior to the appointment of a guardian under this

21 Article, pending an appeal in relation to the appointment, or

22 pending the completion of a citation proceeding brought

23 pursuant to Section 23-3 of this Act, or upon a guardian's

24 death, incapacity, or resignation, the court may appoint a

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1 temporary guardian upon a showing of the necessity therefor

2 for the immediate welfare and protection of the alleged person

3 with a disability or his or her estate and subject to such

4 conditions as the court may prescribe. A petition for the

5 appointment of a temporary guardian for an alleged person with

6 a disability shall be filed at the time of or subsequent to the

7 filing of a petition for adjudication of disability and

8 appointment of a guardian. The petition for the appointment of

9 a temporary guardian shall state the facts upon which it is

10 based and the name, the post office address, and, in the case

11 of an individual, the age and occupation of the proposed

12 temporary guardian. In determining the necessity for temporary

13 guardianship, the immediate welfare and protection of the

14 alleged person with a disability and his or her estate shall be

15 of paramount concern, and the interests of the petitioner, any

16 care provider, or any other party shall not outweigh the

17 interests of the alleged person with a disability. The

18 temporary guardian shall have the limited powers and duties of

19 a guardian of the person or of the estate which are

20 specifically enumerated by court order. The court order shall

21 state the actual harm identified by the court that

22 necessitates temporary guardianship or any extension thereof.

23 (a-5) Notice of the time and place of the hearing on a

24 petition for the appointment of a temporary guardian shall be

25 given, not less than 3 days before the hearing, by mail or in

26 person to the alleged person with a disability, to the

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1 proposed temporary guardian, and to those persons whose names

2 and addresses are listed in the petition for adjudication of

3 disability and appointment of a guardian under Section 11a-8.

4 The court, upon a finding of good cause, may waive the notice

5 requirement under this subsection.

6 (a-10) Notice of the time and place of the hearing on a

7 petition to revoke the appointment of a temporary guardian

8 shall be given, not less than 3 days before the hearing, by

9 mail or in person to the temporary guardian, to the petitioner

10 on whose petition the temporary guardian was appointed, and to

11 those persons whose names and addresses are listed in the

12 petition for adjudication of disability and appointment of a

13 guardian under Section 11a-8. The court, upon a finding of

14 good cause, may waive the notice requirements under this

15 subsection.

16 (b) The temporary guardianship shall expire within 60 days

17 after the appointment or whenever a guardian is regularly

18 appointed, whichever occurs first. No extension shall be

19 granted except:

20 (1) In a case where there has been an adjudication of

21 disability, an extension shall be granted:

22 (i) pending the disposition on appeal of an

23 adjudication of disability;

24 (ii) pending the completion of a citation

25 proceeding brought pursuant to Section 23-3;

26 (iii) pending the appointment of a successor

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1 guardian in a case where the former guardian has

2 resigned, has become incapacitated, or is deceased; or

3 (iv) where the guardian's powers have been

4 suspended pursuant to a court order.

5 (2) In a case where there has not been an adjudication

6 of disability, an extension shall be granted pending the

7 disposition of a petition brought pursuant to Section

8 11a-8 so long as the court finds it is in the best interest

9 of the alleged person with a disability to extend the

10 temporary guardianship so as to protect the alleged person

11 with a disability from any potential abuse, neglect,

12 self-neglect, exploitation, or other harm and such

13 extension lasts no more than 120 days from the date the

14 temporary guardian was originally appointed.

15 The ward shall have the right any time after the

16 appointment of a temporary guardian is made to petition the

17 court to revoke the appointment of the temporary guardian.

18 (Source: P.A. 102-120, eff. 7-23-21; revised 8-3-21.)

19 (Text of Section after amendment by P.A. 102-72)

20 Sec. 11a-4. Temporary guardian.

21 (a) Prior to the appointment of a guardian under this

22 Article, pending an appeal in relation to the appointment, or

23 pending the completion of a citation proceeding brought

24 pursuant to Section 23-3 of this Act, or upon a guardian's

25 death, incapacity, or resignation, the court may appoint a

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