Sen. Patrick J. Joyce
Filed: 11/6/2023
 
 
 




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1
AMENDMENT TO HOUSE BILL 3641


2 AMENDMENT NO. ______. Amend House Bill 3641 by replacing 
3everything after the enacting clause with the following:

4 "Section 5. The State Employees Group Insurance Act of 
51971 is amended by changing Section 6.11C as follows:

6 (5 ILCS 375/6.11C)
7 (This Section may contain text from a Public Act with a 
8delayed effective date)
9 Sec. 6.11C. Coverage for injectable medicines to improve 
10glucose or weight loss. Beginning on July 1, 2024, January 1, 
112024, the State Employees Group Insurance Program shall 
12provide coverage for all types of medically necessary 
13injectable medicines prescribed on-label or off-label to 
14improve glucose or weight loss for use by adults diagnosed or 
15previously diagnosed with prediabetes, gestational diabetes, 
16or obesity. To continue to qualify for coverage under this 
 
 
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1Section, the continued treatment must be medically necessary, 
2and covered members must, if given advance, written notice, 
3participate in a lifestyle management plan administered by 
4their health plan. This Section does not apply to individuals 
5covered by a Medicare Advantage Prescription Drug Plan.
6(Source: P.A. 103-8, eff. 1-1-24.)

7 Section 10. The Children and Family Services Act is 
8amended by changing Section 5.46 as follows:

9 (20 ILCS 505/5.46)
10 Sec. 5.46. Application for Social Security benefits, 
11Supplemental Security Income, Veterans benefits, and Railroad 
12Retirement benefits. 
13 (a) Definitions. As used in this Section:
14 "Achieving a Better Life Experience Account" or "ABLE 
15account" means an account established for the purpose of 
16financing certain qualified expenses of eligible individuals 
17as specifically provided for in Section 529A of the Internal 
18Revenue Code and Section 16.6 of the State Treasurer Act. 
19 "Benefits" means Social Security benefits, Supplemental 
20Security Income, Veterans benefits, and Railroad Retirement 
21benefits.
22 "DCFS Guardianship Administrator" means a Department 
23representative appointed as guardian of the person or legal 
24custodian of the minor youth in care. 
 
 
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1 "Youth's attorney and guardian ad litem" means the person 
2appointed as the youth's attorney or guardian ad litem in 
3accordance with the Juvenile Court Act of 1987 in the 
4proceeding in which the Department is appointed as the youth's 
5guardian or custodian.
6 (b) Application for benefits.
7  (1) Upon receiving temporary custody or guardianship 
8 of a youth in care, the Department shall assess the youth 
9 to determine whether the youth may be eligible for 
10 benefits. If, after the assessment, the Department 
11 determines that the youth may be eligible for benefits, 
12 the Department shall ensure that an application is filed 
13 on behalf of the youth. The Department shall prescribe by 
14 rule how it will review cases of youth in care at regular 
15 intervals to determine whether the youth may have become 
16 eligible for benefits after the initial assessment. The 
17 Department shall make reasonable efforts to encourage 
18 youth in care over the age of 18 who are likely eligible 
19 for benefits to cooperate with the application process and 
20 to assist youth with the application process.
21  (2) When applying for benefits under this Section for 
22 a youth in care the Department shall identify a 
23 representative payee in accordance with the requirements 
24 of 20 CFR 404.2021 and 416.621. If the Department is 
25 seeking to be appointed as the youth's representative 
26 payee, the Department must consider input, if provided, 
 
 
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1 from the youth's attorney and guardian ad litem regarding 
2 whether another representative payee, consistent with the 
3 requirements of 20 CFR 404.2021 and 416.621, is available. 
4 If the Department serves as the representative payee for a 
5 youth over the age of 18, the Department shall request a 
6 court order, as described in subparagraph (C) of paragraph 
7 (1) of subsection (d) and in subparagraph (C) of paragraph 
8 (2) of subsection (d).
9 (c) Notifications. The Department shall immediately notify 
10a youth over the age of 16, the youth's attorney and guardian 
11ad litem, and the youth's parent or legal guardian or another 
12responsible adult of:
13  (1) any application for or any application to become 
14 representative payee for benefits on behalf of a youth in 
15 care;
16  (2) beginning January 1, 2025, any communications from 
17 the Social Security Administration, the U.S. Department of 
18 Veterans Affairs, or the Railroad Retirement Board 
19 pertaining to the acceptance or denial of benefits or the 
20 selection of a representative payee; and
21  (3) beginning January 1, 2025, any appeal or other 
22 action requested by the Department regarding an 
23 application for benefits.
24 (d) Use of benefits. Consistent with federal law, when the 
25Department serves as the representative payee for a youth 
26receiving benefits and receives benefits on the youth's 
 
 
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1behalf, the Department shall:
2  (1) Beginning January 1, 2024 2023, ensure that when 
3 the youth attains the age of 14 years and until the 
4 Department no longer serves as the representative payee, a 
5 minimum percentage of the youth's Supplemental Security 
6 Income benefits are conserved in accordance with paragraph 
7 (4) as follows:
8   (A) From the age of 14 through age 15, at least 
9 40%.
10   (B) From the age of 16 through age 17, at least 
11 80%.
12   (C) From the age of 18 and older through 20, 100%, 
13 when a court order has been entered expressly 
14 authorizing allowing the DCFS Guardianship 
15 Administrator to serve as the designated 
16 representative to establish an ABLE account on behalf 
17 of a youth Department to have the authority to 
18 establish and serve as an authorized agent of the 
19 youth over the age of 18 with respect to an account 
20 established in accordance with paragraph (4).
21  (2) Beginning January 1, 2024, ensure that when the 
22 youth attains the age of 14 years and until the Department 
23 no longer serves as the representative payee a minimum 
24 percentage of the youth's Social Security benefits, 
25 Veterans benefits, or Railroad Retirement benefits are 
26 conserved in accordance with paragraph (3) or (4), as 
 
 
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1 applicable, as follows:
2   (A) From the age of 14 through age 15, at least 
3 40%.
4   (B) From the age of 16 through age 17, at least 
5 80%.
6   (C) From the age of 18 through 20, 100%. If 
7 establishment of an ABLE account is necessary to 
8 conserve benefits for youth age 18 and older, then 
9 benefits shall be conserved in accordance with 
10 paragraph (4) when a court order has been entered 
11 expressly authorizing the DCFS Guardianship 
12 Administrator to serve as the designated 
13 representative to establish an ABLE account on behalf 
14 of a youth , when a court order has been entered 
15 expressly allowing the Department to have the 
16 authority to establish and serve as an authorized 
17 agent of the youth over the age of 18 with respect to 
18 an account established in accordance with paragraph 
19 (4).
20  (3) Exercise discretion in accordance with federal law 
21 and in the best interests of the youth when making 
22 decisions to use or conserve the youth's benefits that are 
23 less than or not subject to asset or resource limits under 
24 federal law, including using the benefits to address the 
25 youth's special needs and conserving the benefits for the 
26 youth's reasonably foreseeable future needs.
 
 
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1  (4) Appropriately monitor any federal asset or 
2 resource limits for the Supplemental Security Income 
3 benefits and ensure that the youth's best interest is 
4 served by using or conserving the benefits in a way that 
5 avoids violating any federal asset or resource limits that 
6 would affect the youth's eligibility to receive the 
7 benefits, including, but not limited to:
8   (A) applying to the Social Security Administration 
9 to establish a Plan to Achieve Self-Support (PASS) 
10 Account for the youth under the Social Security Act 
11 and determining whether it is in the best interest of 
12 the youth to conserve all or parts of the benefits in 
13 the PASS account;
14   (B) establishing a 529 plan for the youth and 
15 conserving the youth's benefits in that account in a 
16 manner that appropriately avoids any federal asset or 
17 resource limits;
18   (C) establishing an Individual Development Account 
19 for the youth and conserving the youth's benefits in 
20 that account in a manner that appropriately avoids any 
21 federal asset or resource limits;
22   (A) (D) establishing an ABLE account authorized by 
23 Section 529A of the Internal Revenue Code of 1986, for 
24 the youth and conserving the youth's benefits in that 
25 account in a manner that appropriately avoids any 
26 federal asset or resource limits;
 
 
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1   (E) establishing a Social Security Plan to Achieve 
2 Self-Support account for the youth and conserving the 
3 youth's benefits in a manner that appropriately avoids 
4 any federal asset or resource limits;
5   (F) establishing a special needs trust for the 
6 youth and conserving the youth's benefits in the trust 
7 in a manner that is consistent with federal 
8 requirements for special needs trusts and that 
9 appropriately avoids any federal asset or resource 
10 limits;
11   (B) (G) if the Department determines that using 
12 the benefits for services for current special needs 
13 not already provided by the Department is in the best 
14 interest of the youth, using the benefits for those 
15 services;
16   (C) (H) if federal law requires certain back 
17 payments of benefits to be placed in a dedicated 
18 account, complying with the requirements for dedicated 
19 accounts under 20 CFR 416.640(e); and
20   (D) (I) applying any other exclusions from federal 
21 asset or resource limits available under federal law 
22 and using or conserving the youth's benefits in a 
23 manner that appropriately avoids any federal asset or 
24 resource limits.
25 (e) By July 1, 2024, the Department shall provide a report 
26to the General Assembly regarding youth in care who receive 
 
 
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1benefits who are not subject to this Act. The report shall 
2discuss a goal of expanding conservation of children's 
3benefits to all benefits of all children of any age for whom 
4the Department serves as representative payee. The report 
5shall include a description of any identified obstacles, steps 
6to be taken to address the obstacles, and a description of any 
7need for statutory, rule, or procedural changes. 
8 (f) (1) Accounting. 
9  (A) Beginning on the effective date of this amendatory 
10 Act of the 103rd General Assembly through December 31, 
11 2024, upon request of the youth's attorney or guardian ad 
12 litem, the The Department shall provide an annual 
13 accounting to the youth's attorney and guardian ad litem 
14 of how the youth's benefits have been used and conserved. 
15  (B) Beginning January 1, 2025 and every year 
16 thereafter, an annual accounting of how the youth's 
17 benefits have been used and conserved shall be provided 
18 automatically to the youth's attorney and guardian ad 
19 litem. 
20  (C) In addition, within 10 business days of a request 
21 from a youth or the youth's attorney and guardian ad 
22 litem, the Department shall provide an accounting to the 
23 youth of how the youth's benefits have been used and 
24 conserved. 
25 (2) The accounting shall include:
26   (A) (1) The amount of benefits received on the 
 
 
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1 youth's behalf since the most recent accounting and 
2 the date the benefits were received.
3   (B) (2) Information regarding the youth's benefits 
4 and resources, including the youth's benefits, 
5 insurance, cash assets, trust accounts, earnings, and 
6 other resources.
7   (C) (3) An accounting of the disbursement of 
8 benefit funds, including the date, amount, 
9 identification of payee, and purpose.
10   (D) (4) Information regarding each request by the 
11 youth, the youth's attorney and guardian ad litem, or 
12 the youth's caregiver for disbursement of funds and a 
13 statement regarding the reason for not granting the 
14 request if the request was denied.
15 When the Department's guardianship of the youth is being 
16terminated, prior to or upon the termination of guardianship, 
17the Department shall provide (i) a final accounting to the 
18Social Security Administration, to the youth's attorney and 
19guardian ad litem, and to either the person or persons who will 
20assume guardianship of the youth or who is in the process of 
21adopting the youth, if the youth is under 18, or to the youth, 
22if the youth is over 18 and (ii) information to the parent, 
23guardian, or youth regarding how to apply to become the 
24designated representative for the youth's ABLE account payee. 
25The Department shall adopt rules to ensure that the 
26representative payee transitions occur in a timely and 
 
 
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1appropriate manner.
2 (g) Education Financial literacy. The Department shall 
3provide the youth who have funds conserved under paragraphs 
4(1) and (2) of subsection (d) with education with financial 
5literacy training and support, including specific information 
6regarding the existence, availability, and use of funds 
7conserved for the youth in accordance with paragraphs (1) and 
8(2) of subsection (d) this subsection, beginning by age 14 in a 
9developmentally appropriate manner. The education literacy 
10program and support services shall be developed in 
11consultation with input from the Department's Statewide Youth 
12Advisory Board. Education and informational materials related 
13to ABLE accounts shall be developed in consultation with and 
14approved by the State Treasurer. 
15 (h) Adoption of rules. The Department shall adopt rules to 
16implement the provisions of this Section by January 1, 2024 
172023.
18 (i) Reporting. No later than February 28, 2023, the 
19Department shall file a report with the General Assembly 
20providing the following information for State Fiscal Years 
212019, 2020, 2021, and 2022 and annually beginning February 28, 
222023, for the preceding fiscal year:
23  (1) The number of youth entering care.
24  (2) The number of youth entering care receiving each 
25 of the following types of benefits: Social Security 
26 benefits, Supplemental Security Income, Veterans benefits, 
 
 
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1 Railroad Retirement benefits.
2  (3) The number of youth entering care for whom the 
3 Department filed an application for each of the following 
4 types of benefits: Social Security benefits, Supplemental 
5 Security Income, Veterans benefits, Railroad Retirement 
6 benefits.
7  (4) The number of youth entering care who were awarded 
8 each of the following types of benefits based on an 
9 application filed by the Department: Social Security 
10 benefits, Supplemental Security Income, Veterans benefits, 
11 Railroad Retirement benefits.
12 (j) Annually beginning December 31, 2023, the Department 
13shall file a report with the General Assembly with the 
14following information regarding the preceding fiscal year:
15  (1) the number of conserved accounts established and 
16 maintained for youth in care;
17  (2) the average amount conserved by age group; and
18  (3) the total amount conserved by age group.
19(Source: P.A. 102-1014, eff. 5-27-22; 103-154, eff. 6-30-23.)

20 Section 15. The Illinois State Police Law of the Civil 
21Administrative Code of Illinois is amended by changing Section 
222605-10 as follows:

23 (20 ILCS 2605/2605-10) (was 20 ILCS 2605/55a in part)
24 (Text of Section before amendment by P.A. 103-34)
 
 
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1 Sec. 2605-10. Powers and duties, generally. 
2 (a) The Illinois State Police shall exercise the rights, 
3powers, and duties that have been vested in the Illinois State 
4Police by the following:
5  The Illinois State Police Act.
6  The Illinois State Police Radio Act.
7  The Criminal Identification Act.
8  The Illinois Vehicle Code.
9  The Firearm Owners Identification Card Act.
10  The Firearm Concealed Carry Act.
11  The Gun Dealer Licensing Act.
12  The Intergovernmental Missing Child Recovery Act of 
13 1984.
14  The Intergovernmental Drug Laws Enforcement Act.
15  The Narcotic Control Division Abolition Act.
16 (b) The Illinois State Police shall have the powers and 
17duties set forth in the following Sections.
18(Source: P.A. 102-538, eff. 8-20-21.)

19 (Text of Section after amendment by P.A. 103-34)
20 Sec. 2605-10. Powers and duties, generally. 
21 (a) The Illinois State Police shall exercise the rights, 
22powers, and duties that have been vested in the Illinois State 
23Police by the following:
24  The Illinois State Police Act.
25  The Illinois State Police Radio Act.
 
 
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1  The Criminal Identification Act.
2  The Illinois Vehicle Code.
3  The Firearm Owners Identification Card Act.
4  The Firearm Concealed Carry Act.
5  The Firearm Dealer License Certification Act.
6  The Intergovernmental Missing Child Recovery Act of 
7 1984.
8  The Intergovernmental Drug Laws Enforcement Act.
9  The Narcotic Control Division Abolition Act.
10  The Illinois Uniform Conviction Information Act.
11  The Murderer and Violent Offender Against Youth 
12 Registration Act. 
13 (b) The Illinois State Police shall have the powers and 
14duties set forth in the following Sections.
15 (c) The Illinois State Police shall exercise the rights, 
16powers, and duties vested in the Illinois State Police to 
17implement the following protective service functions for State 
18facilities, State officials, and State employees serving in 
19their official capacity: 
20  (1) Utilize subject matter expertise and law 
21 enforcement authority to strengthen the protection of 
22 State government facilities, State employees, State 
23 officials, and State critical infrastructure. 
24  (2) Coordinate State, federal, and local law 
25 enforcement activities involving the protection of State 
26 facilities, officials, and employees. 
 
 
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1  (3) Conduct investigations of criminal threats to 
2 State facilities, State critical infrastructure, State 
3 officials, and State employees. 
4  (4) Train State officials and employees in personal 
5 protection, crime prevention, facility occupant emergency 
6 planning, and incident management. 
7  (5) Establish standard protocols for prevention and 
8 response to criminal threats to State facilities, State 
9 officials, State employees, and State critical 
10 infrastructure, and standard protocols for reporting of 
11 suspicious activities. 
12  (6) Establish minimum operational standards, 
13 qualifications, training, and compliance requirements for 
14 State employees and contractors engaged in the protection 
15 of State facilities and employees. 
16  (7) At the request of departments or agencies of State 
17 government, conduct security assessments, including, but 
18 not limited to, examination of alarm systems, cameras 
19 systems, access points, personnel readiness, and emergency 
20 protocols based on risk and need. 
21  (8) Oversee the planning and implementation of 
22 security and law enforcement activities necessary for the 
23 protection of major, multi-jurisdictional events 
24 implicating potential criminal threats to State officials, 
25 State employees, or State-owned, State-leased, or 
26 State-operated critical infrastructure or facilities. 
 
 
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1  (9) Oversee and direct the planning and implementation 
2 of security and law enforcement activities by the 
3 departments and agencies of the State necessary for the 
4 protection of State employees, State officials, and 
5 State-owned, State-leased, or State-operated critical 
6 infrastructure or facilities from criminal activity. 
7  (10) Advise the Governor and Homeland Security Advisor 
8 on any matters necessary for the effective protection of 
9 State facilities, critical infrastructure, officials, and 
10 employees from criminal threats. 
11  (11) Utilize intergovernmental agreements and 
12 administrative rules as needed for the effective, 
13 efficient implementation of law enforcement and support 
14 activities necessary for the protection of State 
15 facilities, State infrastructure, State employees, and, 
16 upon the express written consent of State constitutional 
17 officials, State constitutional officials, and State 
18 employees. 
19(Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24; 
20revised 9-25-23.)

21 Section 20. The Alternative Protein Innovation Task Force 
22Act is amended by changing Sections 15 and 20 as follows:

23 (20 ILCS 4128/15)
24 Sec. 15. Membership; appointments; meeting. 
 
 
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1 (a) The Alternative Protein Innovation Task Force shall 
2consist of the following members:
3  (1) one member of the Senate, who shall be appointed 
4 by the President of the Senate and shall serve as co-chair 
5 of the Task Force;
6  (2) one member of the Senate, who shall be appointed 
7 by the Minority Leader of the Senate;
8  (3) one member of the House of Representatives, who 
9 shall be appointed by the Speaker of the House of 
10 Representatives and shall serve as co-chair of the Task 
11 Force;
12  (4) one member of the House of Representatives, who 
13 shall be appointed by the Minority Leader of the House of 
14 Representatives;
15  (5) the Director Secretary of Commerce and Economic 
16 Opportunity or the Director's Secretary's designee; 
17  (6) the Director of Agriculture or the Director's 
18 designee;
19  (7) 5 members who are appointed by the Director of 
20 Agriculture. Of the members appointed by the Director of 
21 Agriculture, 3 members shall be commercial producers of 
22 agricultural commodities, of which one member shall be 
23 from the largest statewide agricultural association; and 2 
24 members shall be representatives from the University of 
25 Illinois College of Agricultural, Consumer and 
26 Environmental Sciences engaged in nutritional research; 
 
 
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1 and
2  (8) 6 members who are appointed by the Governor. Of 
3 the members appointed by the Governor, 2 members shall be 
4 engaged in academic or scientific research on alternative 
5 protein development at a State college or university; one 
6 member shall be a representative of a nonprofit 
7 organization dedicated to the development and 
8 accessibility of alternative proteins; one member shall be 
9 a representative of the State's agricultural biotechnology 
10 industry; one member shall be the president of the 
11 Illinois Biotechnology Industry Organization or the 
12 organization's designee; and one member shall be a 
13 representative from a multinational food processing and 
14 manufacturing corporation headquartered in this State. 
15 (b) Members of the Task Force shall not receive 
16compensation for their services to the Task Force.
17 (c) All appointments shall be made not later than 30 days 
18after the effective date of this Act.
19 (d) The co-chairs of the Task Force shall schedule no 
20fewer than 4 meetings of the Task Force, including not less 
21than one public hearing. The co-chairs shall convene the first 
22meeting of the Task Force within 60 days after the effective 
23date of this Act.
24 (e) The Department of Agriculture shall provide 
25administrative and other support to the Task Force. 
26(Source: P.A. 103-543, eff. 8-11-23; revised 10-19-23.)

 
 
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1 (20 ILCS 4128/20)
2 Sec. 20. Report; dissolution of Task Force; repeal of Act.  
3 (a)The Task Force shall submit a report of its findings 
4and recommendations to the General Assembly no later than June 
530, 2024 December 31, 2023.
6 (b) The Task Force shall be dissolved on December 31, 
72024. 
8 (c) This Act is repealed on January 1, 2025. 
9(Source: P.A. 103-543, eff. 8-11-23.)

10 Section 25. The Illinois Procurement Code is amended by 
11changing Section 20-10 as follows:

12 (30 ILCS 500/20-10)
13 (Text of Section before amendment by P.A. 103-558)
14 (Text of Section from P.A. 96-159, 96-588, 97-96, 97-895, 
1598-1076, 99-906, 100-43, 101-31, 101-657, and 102-29)
16 Sec. 20-10. Competitive sealed bidding; reverse auction. 
17 (a) Conditions for use. All contracts shall be awarded by 
18competitive sealed bidding except as otherwise provided in 
19Section 20-5.
20 (b) Invitation for bids. An invitation for bids shall be 
21issued and shall include a purchase description and the 
22material contractual terms and conditions applicable to the 
23procurement.
 
 
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1 (c) Public notice. Public notice of the invitation for 
2bids shall be published in the Illinois Procurement Bulletin 
3at least 14 calendar days before the date set in the invitation 
4for the opening of bids.
5 (d) Bid opening. Bids shall be opened publicly or through 
6an electronic procurement system in the presence of one or 
7more witnesses at the time and place designated in the 
8invitation for bids. The name of each bidder, including earned 
9and applied bid credit from the Illinois Works Jobs Program 
10Act, the amount of each bid, and other relevant information as 
11may be specified by rule shall be recorded. After the award of 
12the contract, the winning bid and the record of each 
13unsuccessful bid shall be open to public inspection.
14 (e) Bid acceptance and bid evaluation. Bids shall be 
15unconditionally accepted without alteration or correction, 
16except as authorized in this Code. Bids shall be evaluated 
17based on the requirements set forth in the invitation for 
18bids, which may include criteria to determine acceptability 
19such as inspection, testing, quality, workmanship, delivery, 
20and suitability for a particular purpose. Those criteria that 
21will affect the bid price and be considered in evaluation for 
22award, such as discounts, transportation costs, and total or 
23life cycle costs, shall be objectively measurable. The 
24invitation for bids shall set forth the evaluation criteria to 
25be used.
26 (f) Correction or withdrawal of bids. Correction or 
 
 
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1withdrawal of inadvertently erroneous bids before or after 
2award, or cancellation of awards of contracts based on bid 
3mistakes, shall be permitted in accordance with rules. After 
4bid opening, no changes in bid prices or other provisions of 
5bids prejudicial to the interest of the State or fair 
6competition shall be permitted. All decisions to permit the 
7correction or withdrawal of bids based on bid mistakes shall 
8be supported by written determination made by a State 
9purchasing officer.
10 (g) Award. The contract shall be awarded with reasonable 
11promptness by written notice to the lowest responsible and 
12responsive bidder whose bid meets the requirements and 
13criteria set forth in the invitation for bids, except when a 
14State purchasing officer determines it is not in the best 
15interest of the State and by written explanation determines 
16another bidder shall receive the award. The explanation shall 
17appear in the appropriate volume of the Illinois Procurement 
18Bulletin. The written explanation must include:
19  (1) a description of the agency's needs; 
20  (2) a determination that the anticipated cost will be 
21 fair and reasonable;
22  (3) a listing of all responsible and responsive 
23 bidders; and
24  (4) the name of the bidder selected, the total 
25 contract price, and the reasons for selecting that bidder.
26 Each chief procurement officer may adopt guidelines to 
 
 
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1implement the requirements of this subsection (g).
2 The written explanation shall be filed with the 
3Legislative Audit Commission, and the Commission on Equity and 
4Inclusion, and the Procurement Policy Board, and be made 
5available for inspection by the public, within 14 calendar 
6days after the agency's decision to award the contract.
7 (h) Multi-step sealed bidding. When it is considered 
8impracticable to initially prepare a purchase description to 
9support an award based on price, an invitation for bids may be 
10issued requesting the submission of unpriced offers to be 
11followed by an invitation for bids limited to those bidders 
12whose offers have been qualified under the criteria set forth 
13in the first solicitation.
14 (i) Alternative procedures. Notwithstanding any other 
15provision of this Act to the contrary, the Director of the 
16Illinois Power Agency may create alternative bidding 
17procedures to be used in procuring professional services under 
18Section 1-56, subsections (a) and (c) of Section 1-75 and 
19subsection (d) of Section 1-78 of the Illinois Power Agency 
20Act and Section 16-111.5(c) of the Public Utilities Act and to 
21procure renewable energy resources under Section 1-56 of the 
22Illinois Power Agency Act. These alternative procedures shall 
23be set forth together with the other criteria contained in the 
24invitation for bids, and shall appear in the appropriate 
25volume of the Illinois Procurement Bulletin. 
26 (j) Reverse auction. Notwithstanding any other provision 
 
 
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1of this Section and in accordance with rules adopted by the 
2chief procurement officer, that chief procurement officer may 
3procure supplies or services through a competitive electronic 
4auction bidding process after the chief procurement officer 
5determines that the use of such a process will be in the best 
6interest of the State. The chief procurement officer shall 
7publish that determination in his or her next volume of the 
8Illinois Procurement Bulletin.
9 An invitation for bids shall be issued and shall include 
10(i) a procurement description, (ii) all contractual terms, 
11whenever practical, and (iii) conditions applicable to the 
12procurement, including a notice that bids will be received in 
13an electronic auction manner.
14 Public notice of the invitation for bids shall be given in 
15the same manner as provided in subsection (c).
16 Bids shall be accepted electronically at the time and in 
17the manner designated in the invitation for bids. During the 
18auction, a bidder's price shall be disclosed to other bidders. 
19Bidders shall have the opportunity to reduce their bid prices 
20during the auction. At the conclusion of the auction, the 
21record of the bid prices received and the name of each bidder 
22shall be open to public inspection.
23 After the auction period has terminated, withdrawal of 
24bids shall be permitted as provided in subsection (f).
25 The contract shall be awarded within 60 calendar days 
26after the auction by written notice to the lowest responsible 
 
 
10300HB3641sam001- 24 -LRB103 30390 AWJ 65252 a


1bidder, or all bids shall be rejected except as otherwise 
2provided in this Code. Extensions of the date for the award may 
3be made by mutual written consent of the State purchasing 
4officer and the lowest responsible bidder.
5 This subsection does not apply to (i) procurements of 
6professional and artistic services, (ii) telecommunications 
7services, communication services, and information services, 
8and (iii) contracts for construction projects, including 
9design professional services. 
10(Source: P.A. 101-31, eff. 6-28-19; 101-657, eff. 1-1-22; 
11102-29, eff. 6-25-21.)

12 (Text of Section from P.A. 96-159, 96-795, 97-96, 97-895, 
1398-1076, 99-906, 100-43, 101-31, 101-657, and 102-29)
14 Sec. 20-10. Competitive sealed bidding; reverse auction. 
15 (a) Conditions for use. All contracts shall be awarded by 
16competitive sealed bidding except as otherwise provided in 
17Section 20-5.
18 (b) Invitation for bids. An invitation for bids shall be 
19issued and shall include a purchase description and the 
20material contractual terms and conditions applicable to the 
21procurement.
22 (c) Public notice. Public notice of the invitation for 
23bids shall be published in the Illinois Procurement Bulletin 
24at least 14 calendar days before the date set in the invitation 
25for the opening of bids.
 
 
10300HB3641sam001- 25 -LRB103 30390 AWJ 65252 a


1 (d) Bid opening. Bids shall be opened publicly or through 
2an electronic procurement system in the presence of one or 
3more witnesses at the time and place designated in the 
4invitation for bids. The name of each bidder, including earned 
5and applied bid credit from the Illinois Works Jobs Program 
6Act, the amount of each bid, and other relevant information as 
7may be specified by rule shall be recorded. After the award of 
8the contract, the winning bid and the record of each 
9unsuccessful bid shall be open to public inspection.
10 (e) Bid acceptance and bid evaluation. Bids shall be 
11unconditionally accepted without alteration or correction, 
12except as authorized in this Code. Bids shall be evaluated 
13based on the requirements set forth in the invitation for 
14bids, which may include criteria to determine acceptability 
15such as inspection, testing, quality, workmanship, delivery, 
16and suitability for a particular purpose. Those criteria that 
17will affect the bid price and be considered in evaluation for 
18award, such as discounts, transportation costs, and total or 
19life cycle costs, shall be objectively measurable. The 
20invitation for bids shall set forth the evaluation criteria to 
21be used.
22 (f) Correction or withdrawal of bids. Correction or 
23withdrawal of inadvertently erroneous bids before or after 
24award, or cancellation of awards of contracts based on bid 
25mistakes, shall be permitted in accordance with rules. After 
26bid opening, no changes in bid prices or other provisions of 
 
 
10300HB3641sam001- 26 -LRB103 30390 AWJ 65252 a


1bids prejudicial to the interest of the State or fair 
2competition shall be permitted. All decisions to permit the 
3correction or withdrawal of bids based on bid mistakes shall 
4be supported by written determination made by a State 
5purchasing officer.
6 (g) Award. The contract shall be awarded with reasonable 
7promptness by written notice to the lowest responsible and 
8responsive bidder whose bid meets the requirements and 
9criteria set forth in the invitation for bids, except when a 
10State purchasing officer determines it is not in the best 
11interest of the State and by written explanation determines 
12another bidder shall receive the award. The explanation shall 
13appear in the appropriate volume of the Illinois Procurement 
14Bulletin. The written explanation must include:
15  (1) a description of the agency's needs; 
16  (2) a determination that the anticipated cost will be 
17 fair and reasonable;
18  (3) a listing of all responsible and responsive 
19 bidders; and
20  (4) the name of the bidder selected, the total 
21 contract price, and the reasons for selecting that bidder.
22 Each chief procurement officer may adopt guidelines to 
23implement the requirements of this subsection (g).
24 The written explanation shall be filed with the 
25Legislative Audit Commission, and the Commission on Equity and 
26Inclusion, and the Procurement Policy Board, and be made 
 
 
10300HB3641sam001- 27 -LRB103 30390 AWJ 65252 a


1available for inspection by the public, within 14 days after 
2the agency's decision to award the contract.
3 (h) Multi-step sealed bidding. When it is considered 
4impracticable to initially prepare a purchase description to 
5support an award based on price, an invitation for bids may be 
6issued requesting the submission of unpriced offers to be 
7followed by an invitation for bids limited to those bidders 
8whose offers have been qualified under the criteria set forth 
9in the first solicitation.
10 (i) Alternative procedures. Notwithstanding any other 
11provision of this Act to the contrary, the Director of the 
12Illinois Power Agency may create alternative bidding 
13procedures to be used in procuring professional services under 
14subsections (a) and (c) of Section 1-75 and subsection (d) of 
15Section 1-78 of the Illinois Power Agency Act and Section 
1616-111.5(c) of the Public Utilities Act and to procure 
17renewable energy resources under Section 1-56 of the Illinois 
18Power Agency Act. These alternative procedures shall be set 
19forth together with the other criteria contained in the 
20invitation for bids, and shall appear in the appropriate 
21volume of the Illinois Procurement Bulletin. 
22 (j) Reverse auction. Notwithstanding any other provision 
23of this Section and in accordance with rules adopted by the 
24chief procurement officer, that chief procurement officer may 
25procure supplies or services through a competitive electronic 
26auction bidding process after the chief procurement officer 
 
 
10300HB3641sam001- 28 -LRB103 30390 AWJ 65252 a


1determines that the use of such a process will be in the best 
2interest of the State. The chief procurement officer shall 
3publish that determination in his or her next volume of the 
4Illinois Procurement Bulletin.
5 An invitation for bids shall be issued and shall include 
6(i) a procurement description, (ii) all contractual terms, 
7whenever practical, and (iii) conditions applicable to the 
8procurement, including a notice that bids will be received in 
9an electronic auction manner.
10 Public notice of the invitation for bids shall be given in 
11the same manner as provided in subsection (c).
12 Bids shall be accepted electronically at the time and in 
13the manner designated in the invitation for bids. During the 
14auction, a bidder's price shall be disclosed to other bidders. 
15Bidders shall have the opportunity to reduce their bid prices 
16during the auction. At the conclusion of the auction, the 
17record of the bid prices received and the name of each bidder 
18shall be open to public inspection.
19 After the auction period has terminated, withdrawal of 
20bids shall be permitted as provided in subsection (f).
21 The contract shall be awarded within 60 calendar days 
22after the auction by written notice to the lowest responsible 
23bidder, or all bids shall be rejected except as otherwise 
24provided in this Code. Extensions of the date for the award may 
25be made by mutual written consent of the State purchasing 
26officer and the lowest responsible bidder.
 
 
10300HB3641sam001- 29 -LRB103 30390 AWJ 65252 a


1 This subsection does not apply to (i) procurements of 
2professional and artistic services, (ii) telecommunications 
3services, communication services, and information services, 
4and (iii) contracts for construction projects, including 
5design professional services. 
6(Source: P.A. 101-31, eff. 6-28-19; 101-657, eff. 1-1-22; 
7102-29, eff. 6-25-21.)

8 (Text of Section after amendment by P.A. 103-558)
9 (Text of Section from P.A. 96-159, 96-588, 97-96, 97-895, 
1098-1076, 99-906, 100-43, 101-31, 101-657, 102-29, and 103-558)
11 Sec. 20-10. Competitive sealed bidding; reverse auction. 
12 (a) Conditions for use. All contracts shall be awarded by 
13competitive sealed bidding except as otherwise provided in 
14Section 20-5.
15 (b) Invitation for bids. An invitation for bids shall be 
16issued and shall include a purchase description and the 
17material contractual terms and conditions applicable to the 
18procurement.
19 (c) Public notice. Public notice of the invitation for 
20bids shall be published in the Illinois Procurement Bulletin 
21at least 14 calendar days before the date set in the invitation 
22for the opening of bids.
23 (d) Bid opening. Bids shall be opened publicly or through 
24an electronic procurement system in the presence of one or 
25more witnesses at the time and place designated in the 
 
 
10300HB3641sam001- 30 -LRB103 30390 AWJ 65252 a


1invitation for bids. The name of each bidder, including earned 
2and applied bid credit from the Illinois Works Jobs Program 
3Act, the amount of each bid, and other relevant information as 
4may be specified by rule shall be recorded. After the award of 
5the contract, the winning bid and the record of each 
6unsuccessful bid shall be open to public inspection.
7 (e) Bid acceptance and bid evaluation. Bids shall be 
8unconditionally accepted without alteration or correction, 
9except as authorized in this Code. Bids shall be evaluated 
10based on the requirements set forth in the invitation for 
11bids, which may include criteria to determine acceptability 
12such as inspection, testing, quality, workmanship, delivery, 
13and suitability for a particular purpose. Those criteria that 
14will affect the bid price and be considered in evaluation for 
15award, such as discounts, transportation costs, and total or 
16life cycle costs, shall be objectively measurable. The 
17invitation for bids shall set forth the evaluation criteria to 
18be used.
19 (f) Correction or withdrawal of bids. Correction or 
20withdrawal of inadvertently erroneous bids before or after 
21award, or cancellation of awards of contracts based on bid 
22mistakes, shall be permitted in accordance with rules. After 
23bid opening, no changes in bid prices or other provisions of 
24bids prejudicial to the interest of the State or fair 
25competition shall be permitted. All decisions to permit the 
26correction or withdrawal of bids based on bid mistakes shall 
 
 
10300HB3641sam001- 31 -LRB103 30390 AWJ 65252 a


1be supported by written determination made by a State 
2purchasing officer.
3 (g) Award. The contract shall be awarded with reasonable 
4promptness by written notice to the lowest responsible and 
5responsive bidder whose bid meets the requirements and 
6criteria set forth in the invitation for bids, except when a 
7State purchasing officer determines it is not in the best 
8interest of the State and by written explanation determines 
9another bidder shall receive the award. The explanation shall 
10appear in the appropriate volume of the Illinois Procurement 
11Bulletin. The written explanation must include:
12  (1) a description of the agency's needs; 
13  (2) a determination that the anticipated cost will be 
14 fair and reasonable;
15  (3) a listing of all responsible and responsive 
16 bidders; and
17  (4) the name of the bidder selected, the total 
18 contract price, and the reasons for selecting that bidder.
19 Each chief procurement officer may adopt guidelines to 
20implement the requirements of this subsection (g).
21 The written explanation shall be filed with the 
22Legislative Audit Commission, and the Commission on Equity and 
23Inclusion, and the Procurement Policy Board, and be made 
24available for inspection by the public, within 14 calendar 
25days after the agency's decision to award the contract.
26 (g-5) Failed bid notice. In addition to the requirements 
 
 
10300HB3641sam001- 32 -LRB103 30390 AWJ 65252 a


1of subsection (g), if a bidder has failed to be awarded a 
2contract after 4 consecutive bids to provide the same services 
3to the Department of Transportation, the Capital Development 
4Board, or the Illinois State Toll Highway Authority, the 
5applicable agency shall, in writing, detail why each of the 4 
6bids was not awarded to the bidder. The applicable agency 
7shall submit by certified copy to the bidder the reason or 
8reasons why each of the 4 bids was not awarded to the bidder. 
9The agency shall submit that certified copy to the bidder 
10within the same calendar quarter in which the fourth bid was 
11rejected. This subsection does not apply if information 
12pertaining to a failed bid was previously disclosed to a 
13bidder by electronic means. If any agency chooses to provide 
14information by electronic means, the agency shall have a 
15written policy outlining how the agency will reasonably ensure 
16the bidder receives the information. For the purposes of this 
17subsection, "electronic means" means an email communication 
18from the applicable agency to the bidder or a public posting on 
19the applicable agency's procurement bulletin. 
20 (h) Multi-step sealed bidding. When it is considered 
21impracticable to initially prepare a purchase description to 
22support an award based on price, an invitation for bids may be 
23issued requesting the submission of unpriced offers to be 
24followed by an invitation for bids limited to those bidders 
25whose offers have been qualified under the criteria set forth 
26in the first solicitation.
 
 
10300HB3641sam001- 33 -LRB103 30390 AWJ 65252 a


1 (i) Alternative procedures. Notwithstanding any other 
2provision of this Act to the contrary, the Director of the 
3Illinois Power Agency may create alternative bidding 
4procedures to be used in procuring professional services under 
5Section 1-56, subsections (a) and (c) of Section 1-75 and 
6subsection (d) of Section 1-78 of the Illinois Power Agency 
7Act and Section 16-111.5(c) of the Public Utilities Act and to 
8procure renewable energy resources under Section 1-56 of the 
9Illinois Power Agency Act. These alternative procedures shall 
10be set forth together with the other criteria contained in the 
11invitation for bids, and shall appear in the appropriate 
12volume of the Illinois Procurement Bulletin. 
13 (j) Reverse auction. Notwithstanding any other provision 
14of this Section and in accordance with rules adopted by the 
15chief procurement officer, that chief procurement officer may 
16procure supplies or services through a competitive electronic 
17auction bidding process after the chief procurement officer 
18determines that the use of such a process will be in the best 
19interest of the State. The chief procurement officer shall 
20publish that determination in his or her next volume of the 
21Illinois Procurement Bulletin.
22 An invitation for bids shall be issued and shall include 
23(i) a procurement description, (ii) all contractual terms, 
24whenever practical, and (iii) conditions applicable to the 
25procurement, including a notice that bids will be received in 
26an electronic auction manner.
 
 
10300HB3641sam001- 34 -LRB103 30390 AWJ 65252 a


1 Public notice of the invitation for bids shall be given in 
2the same manner as provided in subsection (c).
3 Bids shall be accepted electronically at the time and in 
4the manner designated in the invitation for bids. During the 
5auction, a bidder's price shall be disclosed to other bidders. 
6Bidders shall have the opportunity to reduce their bid prices 
7during the auction. At the conclusion of the auction, the 
8record of the bid prices received and the name of each bidder 
9shall be open to public inspection.
10 After the auction period has terminated, withdrawal of 
11bids shall be permitted as provided in subsection (f).
12 The contract shall be awarded within 60 calendar days 
13after the auction by written notice to the lowest responsible 
14bidder, or all bids shall be rejected except as otherwise 
15provided in this Code. Extensions of the date for the award may 
16be made by mutual written consent of the State purchasing 
17officer and the lowest responsible bidder.
18 This subsection does not apply to (i) procurements of 
19professional and artistic services, (ii) telecommunications 
20services, communication services, and information services, 
21and (iii) contracts for construction projects, including 
22design professional services. 
23(Source: P.A. 102-29, eff. 6-25-21; 103-558, eff. 1-1-24.)

24 (Text of Section from P.A. 96-159, 96-795, 97-96, 97-895, 
2598-1076, 99-906, 100-43, 101-31, 101-657, 102-29, and 103-558)
 
 
10300HB3641sam001- 35 -LRB103 30390 AWJ 65252 a


1 Sec. 20-10. Competitive sealed bidding; reverse auction. 
2 (a) Conditions for use. All contracts shall be awarded by 
3competitive sealed bidding except as otherwise provided in 
4Section 20-5.
5 (b) Invitation for bids. An invitation for bids shall be 
6issued and shall include a purchase description and the 
7material contractual terms and conditions applicable to the 
8procurement.
9 (c) Public notice. Public notice of the invitation for 
10bids shall be published in the Illinois Procurement Bulletin 
11at least 14 calendar days before the date set in the invitation 
12for the opening of bids.
13 (d) Bid opening. Bids shall be opened publicly or through 
14an electronic procurement system in the presence of one or 
15more witnesses at the time and place designated in the 
16invitation for bids. The name of each bidder, including earned 
17and applied bid credit from the Illinois Works Jobs Program 
18Act, the amount of each bid, and other relevant information as 
19may be specified by rule shall be recorded. After the award of 
20the contract, the winning bid and the record of each 
21unsuccessful bid shall be open to public inspection.
22 (e) Bid acceptance and bid evaluation. Bids shall be 
23unconditionally accepted without alteration or correction, 
24except as authorized in this Code. Bids shall be evaluated 
25based on the requirements set forth in the invitation for 
26bids, which may include criteria to determine acceptability 
 
 
10300HB3641sam001- 36 -LRB103 30390 AWJ 65252 a


1such as inspection, testing, quality, workmanship, delivery, 
2and suitability for a particular purpose. Those criteria that 
3will affect the bid price and be considered in evaluation for 
4award, such as discounts, transportation costs, and total or 
5life cycle costs, shall be objectively measurable. The 
6invitation for bids shall set forth the evaluation criteria to 
7be used.
8 (f) Correction or withdrawal of bids. Correction or 
9withdrawal of inadvertently erroneous bids before or after 
10award, or cancellation of awards of contracts based on bid 
11mistakes, shall be permitted in accordance with rules. After 
12bid opening, no changes in bid prices or other provisions of 
13bids prejudicial to the interest of the State or fair 
14competition shall be permitted. All decisions to permit the 
15correction or withdrawal of bids based on bid mistakes shall 
16be supported by written determination made by a State 
17purchasing officer.
18 (g) Award. The contract shall be awarded with reasonable 
19promptness by written notice to the lowest responsible and 
20responsive bidder whose bid meets the requirements and 
21criteria set forth in the invitation for bids, except when a 
22State purchasing officer determines it is not in the best 
23interest of the State and by written explanation determines 
24another bidder shall receive the award. The explanation shall 
25appear in the appropriate volume of the Illinois Procurement 
26Bulletin. The written explanation must include:
 
 
10300HB3641sam001- 37 -LRB103 30390 AWJ 65252 a


1  (1) a description of the agency's needs; 
2  (2) a determination that the anticipated cost will be 
3 fair and reasonable;
4  (3) a listing of all responsible and responsive 
5 bidders; and
6  (4) the name of the bidder selected, the total 
7 contract price, and the reasons for selecting that bidder.
8 Each chief procurement officer may adopt guidelines to 
9implement the requirements of this subsection (g).
10 The written explanation shall be filed with the 
11Legislative Audit Commission, and the Commission on Equity and 
12Inclusion, and the Procurement Policy Board, and be made 
13available for inspection by the public, within 14 days after 
14the agency's decision to award the contract.
15 (g-5) Failed bid notice. In addition to the requirements 
16of subsection (g), if a bidder has failed to be awarded a 
17contract after 4 consecutive bids to provide the same services 
18to the Department of Transportation, the Capital Development 
19Board, or the Illinois State Toll Highway Authority, the 
20applicable agency shall, in writing, detail why each of the 4 
21bids was not awarded to the bidder. The applicable agency 
22shall submit by certified copy to the bidder the reason or 
23reasons why each of the 4 bids was not awarded to the bidder. 
24The agency shall submit that certified copy to the bidder 
25within the same calendar quarter in which the fourth bid was 
26rejected. This subsection does not apply if information 
 
 
10300HB3641sam001- 38 -LRB103 30390 AWJ 65252 a


1pertaining to a failed bid was previously disclosed to a 
2bidder by electronic means. If any agency chooses to provide 
3information by electronic means, the agency shall have a 
4written policy outlining how the agency will reasonably ensure 
5the bidder receives the information. For the purposes of this 
6subsection, "electronic means" means an email communication 
7from the applicable agency to the bidder or a public posting on 
8the applicable agency's procurement bulletin. 
9 (h) Multi-step sealed bidding. When it is considered 
10impracticable to initially prepare a purchase description to 
11support an award based on price, an invitation for bids may be 
12issued requesting the submission of unpriced offers to be 
13followed by an invitation for bids limited to those bidders 
14whose offers have been qualified under the criteria set forth 
15in the first solicitation.
16 (i) Alternative procedures. Notwithstanding any other 
17provision of this Act to the contrary, the Director of the 
18Illinois Power Agency may create alternative bidding 
19procedures to be used in procuring professional services under 
20subsections (a) and (c) of Section 1-75 and subsection (d) of 
21Section 1-78 of the Illinois Power Agency Act and Section 
2216-111.5(c) of the Public Utilities Act and to procure 
23renewable energy resources under Section 1-56 of the Illinois 
24Power Agency Act. These alternative procedures shall be set 
25forth together with the other criteria contained in the 
26invitation for bids, and shall appear in the appropriate 
 
 
10300HB3641sam001- 39 -LRB103 30390 AWJ 65252 a


1volume of the Illinois Procurement Bulletin. 
2 (j) Reverse auction. Notwithstanding any other provision 
3of this Section and in accordance with rules adopted by the 
4chief procurement officer, that chief procurement officer may 
5procure supplies or services through a competitive electronic 
6auction bidding process after the chief procurement officer 
7determines that the use of such a process will be in the best 
8interest of the State. The chief procurement officer shall 
9publish that determination in his or her next volume of the 
10Illinois Procurement Bulletin.
11 An invitation for bids shall be issued and shall include 
12(i) a procurement description, (ii) all contractual terms, 
13whenever practical, and (iii) conditions applicable to the 
14procurement, including a notice that bids will be received in 
15an electronic auction manner.
16 Public notice of the invitation for bids shall be given in 
17the same manner as provided in subsection (c).
18 Bids shall be accepted electronically at the time and in 
19the manner designated in the invitation for bids. During the 
20auction, a bidder's price shall be disclosed to other bidders. 
21Bidders shall have the opportunity to reduce their bid prices 
22during the auction. At the conclusion of the auction, the 
23record of the bid prices received and the name of each bidder 
24shall be open to public inspection.
25 After the auction period has terminated, withdrawal of 
26bids shall be permitted as provided in subsection (f).
 
 
10300HB3641sam001- 40 -LRB103 30390 AWJ 65252 a


1 The contract shall be awarded within 60 calendar days 
2after the auction by written notice to the lowest responsible 
3bidder, or all bids shall be rejected except as otherwise 
4provided in this Code. Extensions of the date for the award may 
5be made by mutual written consent of the State purchasing 
6officer and the lowest responsible bidder.
7 This subsection does not apply to (i) procurements of 
8professional and artistic services, (ii) telecommunications 
9services, communication services, and information services, 
10and (iii) contracts for construction projects, including 
11design professional services. 
12(Source: P.A. 102-29, eff. 6-25-21; 103-558, eff. 1-1-24.)

13 Section 30. The Emergency Telephone System Act is amended 
14by changing Sections 19, 30, and 35 as follows:

15 (50 ILCS 750/19)
16 (Section scheduled to be repealed on December 31, 2025)
17 Sec. 19. Statewide 9-1-1 Advisory Board.
18 (a) Beginning July 1, 2015, there is created the Statewide 
199-1-1 Advisory Board within the Illinois State Police. The 
20Board shall consist of the following voting members:
21  (1) The Director of the Illinois State Police, or his 
22 or her designee, who shall serve as chairman.
23  (2) The Executive Director of the Commission, or his 
24 or her designee.
 
 
10300HB3641sam001- 41 -LRB103 30390 AWJ 65252 a


1  (3) Members appointed by the Governor as follows:
2   (A) one member representing the Illinois chapter 
3 of the National Emergency Number Association, or his 
4 or her designee;
5   (B) one member representing the Illinois chapter 
6 of the Association of Public-Safety Communications 
7 Officials, or his or her designee;
8   (C) one member representing a county 9-1-1 system 
9 from a county with a population of less than 37,000;
10   (C-5) one member representing a county 9-1-1 
11 system from a county with a population between 37,000 
12 and 100,000; 
13   (D) one member representing a county 9-1-1 system 
14 from a county with a population between 100,001 and 
15 250,000;
16   (E) one member representing a county 9-1-1 system 
17 from a county with a population of more than 250,000;
18   (F) one member representing a municipal or 
19 intergovernmental cooperative 9-1-1 system, excluding 
20 any single municipality with a population over 
21 500,000;
22   (G) one member representing the Illinois 
23 Association of Chiefs of Police;
24   (H) one member representing the Illinois Sheriffs' 
25 Association; and
26   (I) one member representing the Illinois Fire 
 
 
10300HB3641sam001- 42 -LRB103 30390 AWJ 65252 a


1 Chiefs Association.
2 The Governor shall appoint the following non-voting 
3members: (i) one member representing an incumbent local 
4exchange 9-1-1 system provider; (ii) one member representing a 
5non-incumbent local exchange 9-1-1 system provider; (iii) one 
6member representing a large wireless carrier; (iv) one member 
7representing an incumbent local exchange carrier; (v) one 
8member representing the Illinois Broadband and 
9Telecommunications Association; (vi) one member representing 
10the Illinois Broadband and Cable Association; and (vii) one 
11member representing the Illinois State Ambulance Association. 
12The Speaker of the House of Representatives, the Minority 
13Leader of the House of Representatives, the President of the 
14Senate, and the Minority Leader of the Senate may each appoint 
15a member of the General Assembly to temporarily serve as a 
16non-voting member of the Board during the 12 months prior to 
17the repeal date of this Act to discuss legislative initiatives 
18of the Board. 
19 (b) The Governor shall make initial appointments to the 
20Statewide 9-1-1 Advisory Board by August 31, 2015. Six of the 
21voting members appointed by the Governor shall serve an 
22initial term of 2 years, and the remaining voting members 
23appointed by the Governor shall serve an initial term of 3 
24years. Thereafter, each appointment by the Governor shall be 
25for a term of 3 years and until their respective successors are 
26appointed. Non-voting members shall serve for a term of 3 
 
 
10300HB3641sam001- 43 -LRB103 30390 AWJ 65252 a


1years. Vacancies shall be filled in the same manner as the 
2original appointment. Persons appointed to fill a vacancy 
3shall serve for the balance of the unexpired term.
4 Members of the Statewide 9-1-1 Advisory Board shall serve 
5without compensation.
6 (c) The 9-1-1 Services Advisory Board, as constituted on 
7June 1, 2015 without the legislative members, shall serve in 
8the role of the Statewide 9-1-1 Advisory Board until all 
9appointments of voting members have been made by the Governor 
10under subsection (a) of this Section.
11 (d) The Statewide 9-1-1 Advisory Board shall:
12  (1) advise the Illinois State Police and the Statewide 
13 9-1-1 Administrator on the oversight of 9-1-1 systems and 
14 the development and implementation of a uniform statewide 
15 9-1-1 system;
16  (2) make recommendations to the Governor and the 
17 General Assembly regarding improvements to 9-1-1 services 
18 throughout the State; and
19  (3) exercise all other powers and duties provided in 
20 this Act.
21 (e) The Statewide 9-1-1 Advisory Board shall submit to the 
22General Assembly a report by March 1 of each year providing an 
23update on the transition to a statewide 9-1-1 system and 
24recommending any legislative action.
25 (f) The Illinois State Police shall provide administrative 
26support to the Statewide 9-1-1 Advisory Board. 
 
 
10300HB3641sam001- 44 -LRB103 30390 AWJ 65252 a


1(Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21; 
2102-813, eff. 5-13-22.)

3 (50 ILCS 750/30)
4 (Text of Section before amendment by P.A. 103-366)
5 (Section scheduled to be repealed on December 31, 2025)
6 Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement.
7 (a) A special fund in the State treasury known as the 
8Wireless Service Emergency Fund shall be renamed the Statewide 
99-1-1 Fund. Any appropriations made from the Wireless Service 
10Emergency Fund shall be payable from the Statewide 9-1-1 Fund. 
11The Fund shall consist of the following: 
12  (1) 9-1-1 wireless surcharges assessed under the 
13 Wireless Emergency Telephone Safety Act.
14  (2) 9-1-1 surcharges assessed under Section 20 of this 
15 Act.
16  (3) Prepaid wireless 9-1-1 surcharges assessed under 
17 Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act.
18  (4) Any appropriations, grants, or gifts made to the 
19 Fund.
20  (5) Any income from interest, premiums, gains, or 
21 other earnings on moneys in the Fund.
22  (6) Money from any other source that is deposited in 
23 or transferred to the Fund. 
24 (b) Subject to appropriation and availability of funds, 
25the Illinois State Police shall distribute the 9-1-1 
 
 
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1surcharges monthly as follows:
2  (1) From each surcharge collected and remitted under 
3 Section 20 of this Act:
4   (A) $0.013 shall be distributed monthly in equal 
5 amounts to each County Emergency Telephone System 
6 Board in counties with a population under 100,000 
7 according to the most recent census data which is 
8 authorized to serve as a primary wireless 9-1-1 public 
9 safety answering point for the county and to provide 
10 wireless 9-1-1 service as prescribed by subsection (b) 
11 of Section 15.6a of this Act, and which does provide 
12 such service.
13   (B) $0.033 shall be transferred by the Comptroller 
14 at the direction of the Illinois State Police to the 
15 Wireless Carrier Reimbursement Fund until June 30, 
16 2017; from July 1, 2017 through June 30, 2018, $0.026 
17 shall be transferred; from July 1, 2018 through June 
18 30, 2019, $0.020 shall be transferred; from July 1, 
19 2019, through June 30, 2020, $0.013 shall be 
20 transferred; from July 1, 2020 through June 30, 2021, 
21 $0.007 will be transferred; and after June 30, 2021, 
22 no transfer shall be made to the Wireless Carrier 
23 Reimbursement Fund.
24   (C) Until December 31, 2017, $0.007 and on and 
25 after January 1, 2018, $0.017 shall be used to cover 
26 the Illinois State Police's administrative costs.
 
 
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1   (D) Beginning January 1, 2018, until June 30, 
2 2020, $0.12, and on and after July 1, 2020, $0.04 shall 
3 be used to make monthly proportional grants to the 
4 appropriate 9-1-1 Authority currently taking wireless 
5 9-1-1 based upon the United States Postal Zip Code of 
6 the billing addresses of subscribers wireless 
7 carriers.
8   (E) Until June 30, 2025 2023, $0.05 shall be used 
9 by the Illinois State Police for grants for NG9-1-1 
10 expenses, with priority given to 9-1-1 Authorities 
11 that provide 9-1-1 service within the territory of a 
12 Large Electing Provider as defined in Section 13-406.1 
13 of the Public Utilities Act.
14   (F) On and after July 1, 2020, $0.13 shall be used 
15 for the implementation of and continuing expenses for 
16 the Statewide NG9-1-1 system. 
17  (2) After disbursements under paragraph (1) of this 
18 subsection (b), all remaining funds in the Statewide 9-1-1 
19 Fund shall be disbursed in the following priority order: 
20   (A) The Fund shall pay monthly to: 
21    (i) the 9-1-1 Authorities that imposed 
22 surcharges under Section 15.3 of this Act and were 
23 required to report to the Illinois Commerce 
24 Commission under Section 27 of the Wireless 
25 Emergency Telephone Safety Act on October 1, 2014, 
26 except a 9-1-1 Authority in a municipality with a 
 
 
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1 population in excess of 500,000, an amount equal 
2 to the average monthly wireline and VoIP surcharge 
3 revenue attributable to the most recent 12-month 
4 period reported to the Illinois State Police under 
5 that Section for the October 1, 2014 filing, 
6 subject to the power of the Illinois State Police 
7 to investigate the amount reported and adjust the 
8 number by order under Article X of the Public 
9 Utilities Act, so that the monthly amount paid 
10 under this item accurately reflects one-twelfth of 
11 the aggregate wireline and VoIP surcharge revenue 
12 properly attributable to the most recent 12-month 
13 period reported to the Commission; or 
14    (ii) county qualified governmental entities 
15 that did not impose a surcharge under Section 15.3 
16 as of December 31, 2015, and counties that did not 
17 impose a surcharge as of June 30, 2015, an amount 
18 equivalent to their population multiplied by .37 
19 multiplied by the rate of $0.69; counties that are 
20 not county qualified governmental entities and 
21 that did not impose a surcharge as of December 31, 
22 2015, shall not begin to receive the payment 
23 provided for in this subsection until E9-1-1 and 
24 wireless E9-1-1 services are provided within their 
25 counties; or 
26    (iii) counties without 9-1-1 service that had 
 
 
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1 a surcharge in place by December 31, 2015, an 
2 amount equivalent to their population multiplied 
3 by .37 multiplied by their surcharge rate as 
4 established by the referendum. 
5   (B) All 9-1-1 network costs for systems outside of 
6 municipalities with a population of at least 500,000 
7 shall be paid by the Illinois State Police directly to 
8 the vendors.
9   (C) All expenses incurred by the Administrator and 
10 the Statewide 9-1-1 Advisory Board and costs 
11 associated with procurement under Section 15.6b 
12 including requests for information and requests for 
13 proposals.
14   (D) Funds may be held in reserve by the Statewide 
15 9-1-1 Advisory Board and disbursed by the Illinois 
16 State Police for grants under Section 15.4b of this 
17 Act and for NG9-1-1 expenses up to $12.5 million per 
18 year in State fiscal years 2016 and 2017; up to $20 
19 million in State fiscal year 2018; up to $20.9 million 
20 in State fiscal year 2019; up to $15.3 million in State 
21 fiscal year 2020; up to $16.2 million in State fiscal 
22 year 2021; up to $23.1 million in State fiscal year 
23 2022; and up to $17.0 million per year for State fiscal 
24 year 2023 and each year thereafter. The amount held in 
25 reserve in State fiscal years 2021, 2022, and 2023 
26 shall not be less than $6.5 million. Disbursements 
 
 
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1 under this subparagraph (D) shall be prioritized as 
2 follows: (i) consolidation grants prioritized under 
3 subsection (a) of Section 15.4b of this Act; (ii) 
4 NG9-1-1 expenses; and (iii) consolidation grants under 
5 Section 15.4b of this Act for consolidation expenses 
6 incurred between January 1, 2010, and January 1, 2016. 
7   (E) All remaining funds per remit month shall be 
8 used to make monthly proportional grants to the 
9 appropriate 9-1-1 Authority currently taking wireless 
10 9-1-1 based upon the United States Postal Zip Code of 
11 the billing addresses of subscribers of wireless 
12 carriers. 
13 (c) The moneys deposited into the Statewide 9-1-1 Fund 
14under this Section shall not be subject to administrative 
15charges or chargebacks unless otherwise authorized by this 
16Act.
17 (d) Whenever two or more 9-1-1 Authorities consolidate, 
18the resulting Joint Emergency Telephone System Board shall be 
19entitled to the monthly payments that had theretofore been 
20made to each consolidating 9-1-1 Authority. Any reserves held 
21by any consolidating 9-1-1 Authority shall be transferred to 
22the resulting Joint Emergency Telephone System Board. Whenever 
23a county that has no 9-1-1 service as of January 1, 2016 enters 
24into an agreement to consolidate to create or join a Joint 
25Emergency Telephone System Board, the Joint Emergency 
26Telephone System Board shall be entitled to the monthly 
 
 
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1payments that would have otherwise been paid to the county if 
2it had provided 9-1-1 service. 
3(Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21; 
4102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)

5 (Text of Section after amendment by P.A. 103-366)
6 (Section scheduled to be repealed on December 31, 2025)
7 Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement.
8 (a) A special fund in the State treasury known as the 
9Wireless Service Emergency Fund shall be renamed the Statewide 
109-1-1 Fund. Any appropriations made from the Wireless Service 
11Emergency Fund shall be payable from the Statewide 9-1-1 Fund. 
12The Fund shall consist of the following: 
13  (1) (Blank).
14  (2) 9-1-1 surcharges assessed under Section 20 of this 
15 Act.
16  (3) Prepaid wireless 9-1-1 surcharges assessed under 
17 Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act.
18  (4) Any appropriations, grants, or gifts made to the 
19 Fund.
20  (5) Any income from interest, premiums, gains, or 
21 other earnings on moneys in the Fund.
22  (6) Money from any other source that is deposited in 
23 or transferred to the Fund. 
24 (b) Subject to appropriation and availability of funds, 
25the Illinois State Police shall distribute the 9-1-1 
 
 
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1surcharges monthly as follows:
2  (1) From each surcharge collected and remitted under 
3 Section 20 of this Act:
4   (A) $0.013 shall be distributed monthly in equal 
5 amounts to each County Emergency Telephone System 
6 Board in counties with a population under 100,000 
7 according to the most recent census data which is 
8 authorized to serve as a primary wireless 9-1-1 public 
9 safety answering point for the county and to provide 
10 wireless 9-1-1 service as prescribed by subsection (b) 
11 of Section 15.6a of this Act, and which does provide 
12 such service.
13   (B) (Blank).
14   (C) Until December 31, 2017, $0.007 and on and 
15 after January 1, 2018, $0.017 shall be used to cover 
16 the Illinois State Police's administrative costs.
17   (D) Beginning January 1, 2018, until June 30, 
18 2020, $0.12, and on and after July 1, 2020, $0.04 shall 
19 be used to make monthly disbursements to the 
20 appropriate 9-1-1 Authority currently taking wireless 
21 9-1-1 based upon the United States Postal Zip Code of 
22 the billing addresses of subscribers wireless 
23 carriers.
24   (E) Until June 30, 2025 2023, $0.05 shall be used 
25 by the Illinois State Police for grants for NG9-1-1 
26 expenses, with priority given to 9-1-1 Authorities 
 
 
10300HB3641sam001- 52 -LRB103 30390 AWJ 65252 a


1 that provide 9-1-1 service within the territory of a 
2 Large Electing Provider as defined in Section 13-406.1 
3 of the Public Utilities Act.
4   (F) On and after July 1, 2020, $0.13 shall be used 
5 for the implementation of and continuing expenses for 
6 the Statewide NG9-1-1 system. 
7  (1.5) Beginning on the effective date of this 
8 amendatory Act of the 103rd General Assembly, to assist 
9 with the implementation of the statewide Next Generation 
10 9-1-1 network, the Illinois State Police's administrative 
11 costs include the one-time capital cost of upgrading the 
12 Illinois State Police's call-handling equipment to meet 
13 the standards necessary to access and increase 
14 interoperability with the statewide Next Generation 9-1-1 
15 network.
16   (A) Upon completion of the Illinois State Police's 
17 call-handling equipment upgrades, but no later than 
18 June 30, 2024, surplus moneys in excess of $1,000,000 
19 from subparagraph (C) of paragraph (1) not utilized by 
20 the Illinois State Police for administrative costs 
21 shall be distributed to the 9-1-1 Authorities in 
22 accordance with subparagraph (E) of paragraph (2) on 
23 an annual basis at the end of the State fiscal year. 
24 Any remaining surplus money may also be distributed 
25 consistent with this paragraph (1.5) at the discretion 
26 of the Illinois State Police.
 
 
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1   (B) Upon implementation of the Statewide NG9-1-1 
2 system, but no later than June 30, 2024, surplus 
3 moneys in excess of $5,000,000 from subparagraph (F) 
4 of paragraph (1) not utilized by the Illinois State 
5 Police for the implementation of and continuing 
6 expenses for the Statewide NG9-1-1 system shall be 
7 distributed to the 9-1-1 Authorities in accordance 
8 with subparagraph (E) of subsection (2) on an annual 
9 basis at the end of the State fiscal year. Any 
10 remaining surplus money may also be distributed 
11 consistent with this paragraph (1.5) at the discretion 
12 of the Illinois State Police. 
13  (2) After disbursements under paragraph (1) of this 
14 subsection (b), all remaining funds in the Statewide 9-1-1 
15 Fund shall be disbursed in the following priority order: 
16   (A) The Fund shall pay monthly to: 
17    (i) the 9-1-1 Authorities that imposed 
18 surcharges under Section 15.3 of this Act and were 
19 required to report to the Illinois Commerce 
20 Commission under Section 27 of the Wireless 
21 Emergency Telephone Safety Act on October 1, 2014, 
22 except a 9-1-1 Authority in a municipality with a 
23 population in excess of 500,000, an amount equal 
24 to the average monthly wireline and VoIP surcharge 
25 revenue attributable to the most recent 12-month 
26 period reported to the Illinois State Police under 
 
 
10300HB3641sam001- 54 -LRB103 30390 AWJ 65252 a


1 that Section for the October 1, 2014 filing, 
2 subject to the power of the Illinois State Police 
3 to investigate the amount reported and adjust the 
4 number by order under Article X of the Public 
5 Utilities Act, so that the monthly amount paid 
6 under this item accurately reflects one-twelfth of 
7 the aggregate wireline and VoIP surcharge revenue 
8 properly attributable to the most recent 12-month 
9 period reported to the Commission; or 
10    (ii) county qualified governmental entities 
11 that did not impose a surcharge under Section 15.3 
12 as of December 31, 2015, and counties that did not 
13 impose a surcharge as of June 30, 2015, an amount 
14 equivalent to their population multiplied by .37 
15 multiplied by the rate of $0.69; counties that are 
16 not county qualified governmental entities and 
17 that did not impose a surcharge as of December 31, 
18 2015, shall not begin to receive the payment 
19 provided for in this subsection until E9-1-1 and 
20 wireless E9-1-1 services are provided within their 
21 counties; or 
22    (iii) counties without 9-1-1 service that had 
23 a surcharge in place by December 31, 2015, an 
24 amount equivalent to their population multiplied 
25 by .37 multiplied by their surcharge rate as 
26 established by the referendum. 
 
 
10300HB3641sam001- 55 -LRB103 30390 AWJ 65252 a


1   (B) All 9-1-1 network costs for systems outside of 
2 municipalities with a population of at least 500,000 
3 shall be paid by the Illinois State Police directly to 
4 the vendors.
5   (C) All expenses incurred by the Administrator and 
6 the Statewide 9-1-1 Advisory Board and costs 
7 associated with procurement under Section 15.6b 
8 including requests for information and requests for 
9 proposals.
10   (D) Funds may be held in reserve by the Statewide 
11 9-1-1 Advisory Board and disbursed by the Illinois 
12 State Police for grants under Section 15.4b of this 
13 Act and for NG9-1-1 expenses up to $12.5 million per 
14 year in State fiscal years 2016 and 2017; up to $20 
15 million in State fiscal year 2018; up to $20.9 million 
16 in State fiscal year 2019; up to $15.3 million in State 
17 fiscal year 2020; up to $16.2 million in State fiscal 
18 year 2021; up to $23.1 million in State fiscal year 
19 2022; and up to $17.0 million per year for State fiscal 
20 year 2023 and each year thereafter. The amount held in 
21 reserve in State fiscal years 2021, 2022, and 2023 
22 shall not be less than $6.5 million. Disbursements 
23 under this subparagraph (D) shall be prioritized as 
24 follows: (i) consolidation grants prioritized under 
25 subsection (a) of Section 15.4b of this Act; (ii) 
26 NG9-1-1 expenses; and (iii) consolidation grants under 
 
 
10300HB3641sam001- 56 -LRB103 30390 AWJ 65252 a


1 Section 15.4b of this Act for consolidation expenses 
2 incurred between January 1, 2010, and January 1, 2016. 
3   (E) All remaining funds per remit month shall be 
4 used to make monthly disbursements to the appropriate 
5 9-1-1 Authority currently taking wireless 9-1-1 based 
6 upon the United States Postal Zip Code of the billing 
7 addresses of subscribers of wireless carriers. 
8 (c) The moneys deposited into the Statewide 9-1-1 Fund 
9under this Section shall not be subject to administrative 
10charges or chargebacks unless otherwise authorized by this 
11Act.
12 (d) Whenever two or more 9-1-1 Authorities consolidate, 
13the resulting Joint Emergency Telephone System Board shall be 
14entitled to the monthly payments that had theretofore been 
15made to each consolidating 9-1-1 Authority. Any reserves held 
16by any consolidating 9-1-1 Authority shall be transferred to 
17the resulting Joint Emergency Telephone System Board. Whenever 
18a county that has no 9-1-1 service as of January 1, 2016 enters 
19into an agreement to consolidate to create or join a Joint 
20Emergency Telephone System Board, the Joint Emergency 
21Telephone System Board shall be entitled to the monthly 
22payments that would have otherwise been paid to the county if 
23it had provided 9-1-1 service. 
24(Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21; 
25102-813, eff. 5-13-22; 103-366, eff. 1-1-24.)

 
 
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1 (50 ILCS 750/35)
2 (Text of Section before amendment by P.A. 103-366)
3 (Section scheduled to be repealed on December 31, 2025)
4 Sec. 35. 9-1-1 surcharge; allowable expenditures. Except 
5as otherwise provided in this Act, expenditures from surcharge 
6revenues received under this Act may be made by 
7municipalities, counties, and 9-1-1 Authorities only to pay 
8for the costs associated with the following:
9  (1) The design of the Emergency Telephone System.
10  (2) The coding of an initial Master Street Address 
11 Guide database, and update and maintenance thereof.
12  (3) The repayment of any moneys advanced for the 
13 implementation of the system.
14  (4) The charges for Automatic Number Identification 
15 and Automatic Location Identification equipment, a 
16 computer aided dispatch system that records, maintains, 
17 and integrates information, mobile data transmitters 
18 equipped with automatic vehicle locators, and maintenance, 
19 replacement, and update thereof to increase operational 
20 efficiency and improve the provision of emergency 
21 services.
22  (5) The non-recurring charges related to installation 
23 of the Emergency Telephone System.
24  (6) The initial acquisition and installation, or the 
25 reimbursement of costs therefor to other governmental 
26 bodies that have incurred those costs, of road or street 
 
 
10300HB3641sam001- 58 -LRB103 30390 AWJ 65252 a


1 signs that are essential to the implementation of the 
2 Emergency Telephone System and that are not duplicative of 
3 signs that are the responsibility of the jurisdiction 
4 charged with maintaining road and street signs. Funds may 
5 not be used for ongoing expenses associated with road or 
6 street sign maintenance and replacement. 
7  (7) Other products and services necessary for the 
8 implementation, upgrade, and maintenance of the system and 
9 any other purpose related to the operation of the system, 
10 including costs attributable directly to the construction, 
11 leasing, or maintenance of any buildings or facilities or 
12 costs of personnel attributable directly to the operation 
13 of the system. Costs attributable directly to the 
14 operation of an emergency telephone system do not include 
15 the costs of public safety agency personnel who are and 
16 equipment that is dispatched in response to an emergency 
17 call.
18  (8) The defraying of expenses incurred to implement 
19 Next Generation 9-1-1, subject to the conditions set forth 
20 in this Act.
21  (9) The implementation of a computer aided dispatch 
22 system or hosted supplemental 9-1-1 services.
23  (10) The design, implementation, operation, 
24 maintenance, or upgrade of wireless 9-1-1, E9-1-1, or 
25 NG9-1-1 emergency services and public safety answering 
26 points. 
 
 
10300HB3641sam001- 59 -LRB103 30390 AWJ 65252 a


1 In the case of a municipality with a population over 
2500,000, moneys may also be used for any anti-terrorism or 
3emergency preparedness measures, including, but not limited 
4to, preparedness planning, providing local matching funds for 
5federal or State grants, personnel training, and specialized 
6equipment, including surveillance cameras, as needed to deal 
7with natural and terrorist-inspired emergency situations or 
8events. 
9(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)

10 (Text of Section after amendment by P.A. 103-366)
11 (Section scheduled to be repealed on December 31, 2025)
12 Sec. 35. 9-1-1 surcharge; allowable expenditures. 
13 (a) Except as otherwise provided in this Act, expenditures 
14from surcharge revenues received under this Act shall be made 
15consistent with 47 CFR 9.23, which include the following:
16  (1) support and implementation of 9-1-1 services 
17 provided by or in the State or taxing jurisdiction 
18 imposing the fee or charge; and
19  (2) operational expenses of public safety answering 
20 points within the State. Examples of allowable 
21 expenditures include, but are not limited to:
22   (A) PSAP operating costs, including lease, 
23 purchase, maintenance, replacement, and upgrade of 
24 customer premises equipment (hardware and software), 
25 CAD equipment (hardware and software), and the PSAP 
 
 
10300HB3641sam001- 60 -LRB103 30390 AWJ 65252 a


1 building and facility and including NG9-1-1, 
2 cybersecurity, pre-arrival instructions, and emergency 
3 notification systems. PSAP operating costs include 
4 technological innovation that supports 9-1-1;
5   (B) PSAP personnel costs, including 
6 telecommunicators' salaries and training;
7   (C) PSAP administration, including costs for 
8 administration of 9-1-1 services and travel expenses 
9 associated with the provision of 9-1-1 services;
10   (D) integrating public safety and first responder 
11 dispatch and 9-1-1 systems, including lease, purchase, 
12 maintenance, and upgrade of CAD equipment (hardware 
13 and software) to support integrated 9-1-1 and public 
14 safety dispatch operations; and 
15   (E) providing the interoperability of 9-1-1 
16 systems with one another and with public safety and 
17 first responder radio systems; and .
18   (F) costs for the initial acquisition and 
19 installation of road or street signs that are 
20 essential to the implementation of the Emergency 
21 Telephone System and that are not duplicative of signs 
22 that are the responsibility of the jurisdiction 
23 charged with maintaining road and street signs, as 
24 well as costs incurred to reimburse governmental 
25 bodies for the acquisition and installation of those 
26 signs, except that expenditures may not be used for 
 
 
10300HB3641sam001- 61 -LRB103 30390 AWJ 65252 a


1 ongoing expenses associated with sign maintenance and 
2 replacement. 
3  (3) (Blank).
4  (4) (Blank).
5  (5) (Blank).
6  (6) (Blank). 
7  (7) (Blank).
8  (8) (Blank).
9  (9) (Blank).
10  (10) (Blank). 
11 (b) The obligation or expenditure of surcharge revenues 
12received under this Act for a purpose or function inconsistent 
13with 47 CFR 9.23 and this Section shall constitute diversion, 
14which undermines the purpose of this Act by depriving the 
159-1-1 system of the funds it needs to function effectively and 
16to modernize 9-1-1 operations. Examples of diversion include, 
17but are not limited to:
18  (1) transfer of 9-1-1 fees into a State or other 
19 jurisdiction's general fund or other fund for non-9-1-1 
20 purposes;
21  (2) use of surcharge revenues for equipment or 
22 infrastructure for constructing or expanding 
23 non-public-safety communications networks (e.g., 
24 commercial cellular networks); and
25  (3) use of surcharge revenues for equipment or 
26 infrastructure for law enforcement, firefighters, and 
 
 
10300HB3641sam001- 62 -LRB103 30390 AWJ 65252 a


1 other public safety or first responder entities that does 
2 not directly support providing 9-1-1 services. 
3 (c) In the case of a municipality with a population over 
4500,000, moneys may also be used for any anti-terrorism or 
5emergency preparedness measures, including, but not limited 
6to, preparedness planning, providing local matching funds for 
7federal or State grants, personnel training, and specialized 
8equipment, including surveillance cameras, as needed to deal 
9with natural and terrorist-inspired emergency situations or 
10events. 
11(Source: P.A. 103-366, eff. 1-1-24.)

12 Section 35. The School Code is amended by changing 
13Sections 21B-20, 27-20.3, and 27-21 and by renumbering and 
14changing Section 22-95, as added by Public Act 103-46, as 
15follows:

16 (105 ILCS 5/21B-20)
17 (Text of Section before amendment by P.A. 103-193)
18 Sec. 21B-20. Types of licenses. The State Board of 
19Education shall implement a system of educator licensure, 
20whereby individuals employed in school districts who are 
21required to be licensed must have one of the following 
22licenses: (i) a professional educator license; (ii) an 
23educator license with stipulations; (iii) a substitute 
24teaching license; or (iv) until June 30, 2028, a short-term 
 
 
10300HB3641sam001- 63 -LRB103 30390 AWJ 65252 a


1substitute teaching license. References in law regarding 
2individuals certified or certificated or required to be 
3certified or certificated under Article 21 of this Code shall 
4also include individuals licensed or required to be licensed 
5under this Article. The first year of all licenses ends on June 
630 following one full year of the license being issued.
7 The State Board of Education, in consultation with the 
8State Educator Preparation and Licensure Board, may adopt such 
9rules as may be necessary to govern the requirements for 
10licenses and endorsements under this Section. 
11  (1) Professional Educator License. Persons who (i) 
12 have successfully completed an approved educator 
13 preparation program and are recommended for licensure by 
14 the Illinois institution offering the educator preparation 
15 program, (ii) have successfully completed the required 
16 testing under Section 21B-30 of this Code, (iii) have 
17 successfully completed coursework on the psychology of, 
18 the identification of, and the methods of instruction for 
19 the exceptional child, including, without limitation, 
20 children with learning disabilities, (iv) have 
21 successfully completed coursework in methods of reading 
22 and reading in the content area, and (v) have met all other 
23 criteria established by rule of the State Board of 
24 Education shall be issued a Professional Educator License. 
25 All Professional Educator Licenses are valid until June 30 
26 immediately following 5 years of the license being issued. 
 
 
10300HB3641sam001- 64 -LRB103 30390 AWJ 65252 a


1 The Professional Educator License shall be endorsed with 
2 specific areas and grade levels in which the individual is 
3 eligible to practice. For an early childhood education 
4 endorsement, an individual may satisfy the student 
5 teaching requirement of his or her early childhood teacher 
6 preparation program through placement in a setting with 
7 children from birth through grade 2, and the individual 
8 may be paid and receive credit while student teaching. The 
9 student teaching experience must meet the requirements of 
10 and be approved by the individual's early childhood 
11 teacher preparation program.
12  Individuals can receive subsequent endorsements on the 
13 Professional Educator License. Subsequent endorsements 
14 shall require a minimum of 24 semester hours of coursework 
15 in the endorsement area and passage of the applicable 
16 content area test, unless otherwise specified by rule.
17  (2) Educator License with Stipulations. An Educator 
18 License with Stipulations shall be issued an endorsement 
19 that limits the license holder to one particular position 
20 or does not require completion of an approved educator 
21 program or both.
22  An individual with an Educator License with 
23 Stipulations must not be employed by a school district or 
24 any other entity to replace any presently employed teacher 
25 who otherwise would not be replaced for any reason.
26  An Educator License with Stipulations may be issued 
 
 
10300HB3641sam001- 65 -LRB103 30390 AWJ 65252 a


1 with the following endorsements:
2   (A) (Blank). 
3   (B) Alternative provisional educator. An 
4 alternative provisional educator endorsement on an 
5 Educator License with Stipulations may be issued to an 
6 applicant who, at the time of applying for the 
7 endorsement, has done all of the following:
8    (i) Graduated from a regionally accredited 
9 college or university with a minimum of a 
10 bachelor's degree.
11    (ii) Successfully completed the first phase of 
12 the Alternative Educator Licensure Program for 
13 Teachers, as described in Section 21B-50 of this 
14 Code.
15    (iii) Passed a content area test, as required 
16 under Section 21B-30 of this Code.
17  The alternative provisional educator endorsement is 
18 valid for 2 years of teaching and may be renewed for a 
19 third year by an individual meeting the requirements set 
20 forth in Section 21B-50 of this Code. 
21   (C) Alternative provisional superintendent. An 
22 alternative provisional superintendent endorsement on 
23 an Educator License with Stipulations entitles the 
24 holder to serve only as a superintendent or assistant 
25 superintendent in a school district's central office. 
26 This endorsement may only be issued to an applicant 
 
 
10300HB3641sam001- 66 -LRB103 30390 AWJ 65252 a


1 who, at the time of applying for the endorsement, has 
2 done all of the following:
3    (i) Graduated from a regionally accredited 
4 college or university with a minimum of a master's 
5 degree in a management field other than education.
6    (ii) Been employed for a period of at least 5 
7 years in a management level position in a field 
8 other than education.
9    (iii) Successfully completed the first phase 
10 of an alternative route to superintendent 
11 endorsement program, as provided in Section 21B-55 
12 of this Code.
13    (iv) Passed a content area test required under 
14 Section 21B-30 of this Code.
15   The endorsement is valid for 2 fiscal years in 
16 order to complete one full year of serving as a 
17 superintendent or assistant superintendent.
18   (D) (Blank).
19   (E) Career and technical educator. A career and 
20 technical educator endorsement on an Educator License 
21 with Stipulations may be issued to an applicant who 
22 has a minimum of 60 semester hours of coursework from a 
23 regionally accredited institution of higher education 
24 or an accredited trade and technical institution and 
25 has a minimum of 2,000 hours of experience outside of 
26 education in each area to be taught.
 
 
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1   The career and technical educator endorsement on 
2 an Educator License with Stipulations is valid until 
3 June 30 immediately following 5 years of the 
4 endorsement being issued and may be renewed.
5   An individual who holds a valid career and 
6 technical educator endorsement on an Educator License 
7 with Stipulations but does not hold a bachelor's 
8 degree may substitute teach in career and technical 
9 education classrooms. 
10   (F) (Blank).
11   (G) Transitional bilingual educator. A 
12 transitional bilingual educator endorsement on an 
13 Educator License with Stipulations may be issued for 
14 the purpose of providing instruction in accordance 
15 with Article 14C of this Code to an applicant who 
16 provides satisfactory evidence that he or she meets 
17 all of the following requirements:
18    (i) Possesses adequate speaking, reading, and 
19 writing ability in the language other than English 
20 in which transitional bilingual education is 
21 offered.
22    (ii) Has the ability to successfully 
23 communicate in English.
24    (iii) Either possessed, within 5 years 
25 previous to his or her applying for a transitional 
26 bilingual educator endorsement, a valid and 
 
 
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1 comparable teaching certificate or comparable 
2 authorization issued by a foreign country or holds 
3 a degree from an institution of higher learning in 
4 a foreign country that the State Educator 
5 Preparation and Licensure Board determines to be 
6 the equivalent of a bachelor's degree from a 
7 regionally accredited institution of higher 
8 learning in the United States.
9   A transitional bilingual educator endorsement 
10 shall be valid for prekindergarten through grade 12, 
11 is valid until June 30 immediately following 5 years 
12 of the endorsement being issued, and shall not be 
13 renewed.
14   Persons holding a transitional bilingual educator 
15 endorsement shall not be employed to replace any 
16 presently employed teacher who otherwise would not be 
17 replaced for any reason. 
18   (H) Language endorsement. In an effort to 
19 alleviate the shortage of teachers speaking a language 
20 other than English in the public schools, an 
21 individual who holds an Educator License with 
22 Stipulations may also apply for a language 
23 endorsement, provided that the applicant provides 
24 satisfactory evidence that he or she meets all of the 
25 following requirements:
26    (i) Holds a transitional bilingual 
 
 
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1 endorsement. 
2    (ii) Has demonstrated proficiency in the 
3 language for which the endorsement is to be issued 
4 by passing the applicable language content test 
5 required by the State Board of Education.
6    (iii) Holds a bachelor's degree or higher from 
7 a regionally accredited institution of higher 
8 education or, for individuals educated in a 
9 country other than the United States, holds a 
10 degree from an institution of higher learning in a 
11 foreign country that the State Educator 
12 Preparation and Licensure Board determines to be 
13 the equivalent of a bachelor's degree from a 
14 regionally accredited institution of higher 
15 learning in the United States.
16    (iv) (Blank).
17   A language endorsement on an Educator License with 
18 Stipulations is valid for prekindergarten through 
19 grade 12 for the same validity period as the 
20 individual's transitional bilingual educator 
21 endorsement on the Educator License with Stipulations 
22 and shall not be renewed.
23   (I) Visiting international educator. A visiting 
24 international educator endorsement on an Educator 
25 License with Stipulations may be issued to an 
26 individual who is being recruited by a particular 
 
 
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1 school district that conducts formal recruitment 
2 programs outside of the United States to secure the 
3 services of qualified teachers and who meets all of 
4 the following requirements:
5    (i) Holds the equivalent of a minimum of a 
6 bachelor's degree issued in the United States.
7    (ii) Has been prepared as a teacher at the 
8 grade level for which he or she will be employed.
9    (iii) Has adequate content knowledge in the 
10 subject to be taught.
11    (iv) Has an adequate command of the English 
12 language.
13   A holder of a visiting international educator 
14 endorsement on an Educator License with Stipulations 
15 shall be permitted to teach in bilingual education 
16 programs in the language that was the medium of 
17 instruction in his or her teacher preparation program, 
18 provided that he or she passes the English Language 
19 Proficiency Examination or another test of writing 
20 skills in English identified by the State Board of 
21 Education, in consultation with the State Educator 
22 Preparation and Licensure Board.
23   A visiting international educator endorsement on 
24 an Educator License with Stipulations is valid for 5 
25 years and shall not be renewed.
26   (J) Paraprofessional educator. A paraprofessional 
 
 
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1 educator endorsement on an Educator License with 
2 Stipulations may be issued to an applicant who holds a 
3 high school diploma or its recognized equivalent and 
4 (i) holds an associate's degree or a minimum of 60 
5 semester hours of credit from a regionally accredited 
6 institution of higher education; (ii) has passed a 
7 paraprofessional competency test under subsection 
8 (c-5) of Section 21B-30; or (iii) is at least 18 years 
9 of age and will be using the Educator License with 
10 Stipulations exclusively for grades prekindergarten 
11 through grade 8, until the individual reaches the age 
12 of 19 years and otherwise meets the criteria for a 
13 paraprofessional educator endorsement pursuant to this 
14 subparagraph (J). The paraprofessional educator 
15 endorsement is valid until June 30 immediately 
16 following 5 years of the endorsement being issued and 
17 may be renewed through application and payment of the 
18 appropriate fee, as required under Section 21B-40 of 
19 this Code. An individual who holds only a 
20 paraprofessional educator endorsement is not subject 
21 to additional requirements in order to renew the 
22 endorsement.
23   (K) Chief school business official. A chief school 
24 business official endorsement on an Educator License 
25 with Stipulations may be issued to an applicant who 
26 qualifies by having a master's degree or higher, 2 
 
 
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1 years of full-time administrative experience in school 
2 business management or 2 years of university-approved 
3 practical experience, and a minimum of 24 semester 
4 hours of graduate credit in a program approved by the 
5 State Board of Education for the preparation of school 
6 business administrators and by passage of the 
7 applicable State tests, including an applicable 
8 content area test. 
9   The chief school business official endorsement may 
10 also be affixed to the Educator License with 
11 Stipulations of any holder who qualifies by having a 
12 master's degree in business administration, finance, 
13 accounting, or public administration and who completes 
14 an additional 6 semester hours of internship in school 
15 business management from a regionally accredited 
16 institution of higher education and passes the 
17 applicable State tests, including an applicable 
18 content area test. This endorsement shall be required 
19 for any individual employed as a chief school business 
20 official. 
21   The chief school business official endorsement on 
22 an Educator License with Stipulations is valid until 
23 June 30 immediately following 5 years of the 
24 endorsement being issued and may be renewed if the 
25 license holder completes renewal requirements as 
26 required for individuals who hold a Professional 
 
 
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1 Educator License endorsed for chief school business 
2 official under Section 21B-45 of this Code and such 
3 rules as may be adopted by the State Board of 
4 Education. 
5   The State Board of Education shall adopt any rules 
6 necessary to implement Public Act 100-288.
7   (L) Provisional in-state educator. A provisional 
8 in-state educator endorsement on an Educator License 
9 with Stipulations may be issued to a candidate who has 
10 completed an Illinois-approved educator preparation 
11 program at an Illinois institution of higher education 
12 and who has not successfully completed an 
13 evidence-based assessment of teacher effectiveness but 
14 who meets all of the following requirements: 
15    (i) Holds at least a bachelor's degree.
16    (ii) Has completed an approved educator 
17 preparation program at an Illinois institution.
18    (iii) Has passed an applicable content area 
19 test, as required by Section 21B-30 of this Code.
20    (iv) Has attempted an evidence-based 
21 assessment of teacher effectiveness and received a 
22 minimum score on that assessment, as established 
23 by the State Board of Education in consultation 
24 with the State Educator Preparation and Licensure 
25 Board.
26   A provisional in-state educator endorsement on an 
 
 
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1 Educator License with Stipulations is valid for one 
2 full fiscal year after the date of issuance and may not 
3 be renewed.
4   (M) (Blank).
5   (N) Specialized services. A specialized services 
6 endorsement on an Educator License with Stipulations 
7 may be issued as defined and specified by rule. 
8   (O) Provisional career and technical educator. A 
9 provisional career and technical educator endorsement 
10 on an Educator License with Stipulations may be issued 
11 to an applicant who has a minimum of 8,000 hours of 
12 work experience in the skill for which the applicant 
13 is seeking the endorsement. Each employing school 
14 board and regional office of education shall provide 
15 verification, in writing, to the State Superintendent 
16 of Education at the time the application is submitted 
17 that no qualified teacher holding a Professional 
18 Educator License or an Educator License with 
19 Stipulations with a career and technical educator 
20 endorsement is available to teach and that actual 
21 circumstances require such issuance.
22   A provisional career and technical educator 
23 endorsement on an Educator License with Stipulations 
24 is valid until June 30 immediately following 5 years 
25 of the endorsement being issued and may be renewed.
26   An individual who holds a provisional career and 
 
 
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1 technical educator endorsement on an Educator License 
2 with Stipulations may teach as a substitute teacher in 
3 career and technical education classrooms. 
4  (3) Substitute Teaching License. A Substitute Teaching 
5 License may be issued to qualified applicants for 
6 substitute teaching in all grades of the public schools, 
7 prekindergarten through grade 12. Substitute Teaching 
8 Licenses are not eligible for endorsements. Applicants for 
9 a Substitute Teaching License must hold a bachelor's 
10 degree or higher from a regionally accredited institution 
11 of higher education or must be enrolled in an approved 
12 educator preparation program in this State and have earned 
13 at least 90 credit hours.
14  Substitute Teaching Licenses are valid for 5 years.
15  Substitute Teaching Licenses are valid for substitute 
16 teaching in every county of this State. If an individual 
17 has had his or her Professional Educator License or 
18 Educator License with Stipulations suspended or revoked, 
19 then that individual is not eligible to obtain a 
20 Substitute Teaching License.
21  A substitute teacher may only teach in the place of a 
22 licensed teacher who is under contract with the employing 
23 board. If, however, there is no licensed teacher under 
24 contract because of an emergency situation, then a 
25 district may employ a substitute teacher for no longer 
26 than 30 calendar days per each vacant position in the 
 
 
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1 district if the district notifies the appropriate regional 
2 office of education within 5 business days after the 
3 employment of the substitute teacher in the emergency 
4 situation. An emergency situation is one in which an 
5 unforeseen vacancy has occurred and (i) a teacher is 
6 unable to fulfill his or her contractual duties or (ii) 
7 teacher capacity needs of the district exceed previous 
8 indications, and the district is actively engaged in 
9 advertising to hire a fully licensed teacher for the 
10 vacant position.
11  There is no limit on the number of days that a 
12 substitute teacher may teach in a single school district, 
13 provided that no substitute teacher may teach for longer 
14 than 120 days beginning with the 2021-2022 school year 
15 through the 2022-2023 school year, otherwise 90 school 
16 days for any one licensed teacher under contract in the 
17 same school year. A substitute teacher who holds a 
18 Professional Educator License or Educator License with 
19 Stipulations shall not teach for more than 120 school days 
20 for any one licensed teacher under contract in the same 
21 school year. The limitations in this paragraph (3) on the 
22 number of days a substitute teacher may be employed do not 
23 apply to any school district operating under Article 34 of 
24 this Code.
25  A school district may not require an individual who 
26 holds a valid Professional Educator License or Educator 
 
 
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1 License with Stipulations to seek or hold a Substitute 
2 Teaching License to teach as a substitute teacher. 
3  (4) Short-Term Substitute Teaching License. Beginning 
4 on July 1, 2018 and until June 30, 2028, applicants may 
5 apply to the State Board of Education for issuance of a 
6 Short-Term Substitute Teaching License. A Short-Term 
7 Substitute Teaching License may be issued to a qualified 
8 applicant for substitute teaching in all grades of the 
9 public schools, prekindergarten through grade 12. 
10 Short-Term Substitute Teaching Licenses are not eligible 
11 for endorsements. Applicants for a Short-Term Substitute 
12 Teaching License must hold an associate's degree or have 
13 completed at least 60 credit hours from a regionally 
14 accredited institution of higher education.
15  Short-Term Substitute Teaching Licenses are valid for 
16 substitute teaching in every county of this State. If an 
17 individual has had his or her Professional Educator 
18 License or Educator License with Stipulations suspended or 
19 revoked, then that individual is not eligible to obtain a 
20 Short-Term Substitute Teaching License.
21  The provisions of Sections 10-21.9 and 34-18.5 of this 
22 Code apply to short-term substitute teachers. 
23  An individual holding a Short-Term Substitute Teaching 
24 License may teach no more than 15 consecutive days per 
25 licensed teacher who is under contract. For teacher 
26 absences lasting 6 or more days per licensed teacher who 
 
 
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1 is under contract, a school district may not hire an 
2 individual holding a Short-Term Substitute Teaching 
3 License, unless the Governor has declared a disaster due 
4 to a public health emergency pursuant to Section 7 of the 
5 Illinois Emergency Management Agency Act. An individual 
6 holding a Short-Term Substitute Teaching License must 
7 complete the training program under Section 10-20.67 or 
8 34-18.60 of this Code to be eligible to teach at a public 
9 school. Short-Term Substitute Teaching Licenses Short-term 
10 substitute teaching licenses under this Section are valid 
11 for 5 years. 
12(Source: P.A. 102-711, eff. 1-1-23; 102-712, eff. 4-27-22; 
13102-713, eff. 1-1-23; 102-717, eff. 4-29-22; 102-894, eff. 
145-20-22; 103-111, eff. 6-29-23; 103-154, eff. 6-30-23; revised 
159-7-23.)

16 (Text of Section after amendment by P.A. 103-193)
17 Sec. 21B-20. Types of licenses. The State Board of 
18Education shall implement a system of educator licensure, 
19whereby individuals employed in school districts who are 
20required to be licensed must have one of the following 
21licenses: (i) a professional educator license; (ii) an 
22educator license with stipulations; (iii) a substitute 
23teaching license; or (iv) until June 30, 2028, a short-term 
24substitute teaching license. References in law regarding 
25individuals certified or certificated or required to be 
 
 
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1certified or certificated under Article 21 of this Code shall 
2also include individuals licensed or required to be licensed 
3under this Article. The first year of all licenses ends on June 
430 following one full year of the license being issued.
5 The State Board of Education, in consultation with the 
6State Educator Preparation and Licensure Board, may adopt such 
7rules as may be necessary to govern the requirements for 
8licenses and endorsements under this Section. 
9  (1) Professional Educator License. Persons who (i) 
10 have successfully completed an approved educator 
11 preparation program and are recommended for licensure by 
12 the Illinois institution offering the educator preparation 
13 program, (ii) have successfully completed the required 
14 testing under Section 21B-30 of this Code, (iii) have 
15 successfully completed coursework on the psychology of, 
16 the identification of, and the methods of instruction for 
17 the exceptional child, including, without limitation, 
18 children with learning disabilities, (iv) have 
19 successfully completed coursework in methods of reading 
20 and reading in the content area, and (v) have met all other 
21 criteria established by rule of the State Board of 
22 Education shall be issued a Professional Educator License. 
23 All Professional Educator Licenses are valid until June 30 
24 immediately following 5 years of the license being issued. 
25 The Professional Educator License shall be endorsed with 
26 specific areas and grade levels in which the individual is 
 
 
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1 eligible to practice. For an early childhood education 
2 endorsement, an individual may satisfy the student 
3 teaching requirement of his or her early childhood teacher 
4 preparation program through placement in a setting with 
5 children from birth through grade 2, and the individual 
6 may be paid and receive credit while student teaching. The 
7 student teaching experience must meet the requirements of 
8 and be approved by the individual's early childhood 
9 teacher preparation program.
10  Individuals can receive subsequent endorsements on the 
11 Professional Educator License. Subsequent endorsements 
12 shall require a minimum of 24 semester hours of coursework 
13 in the endorsement area and passage of the applicable 
14 content area test, unless otherwise specified by rule.
15  (2) Educator License with Stipulations. An Educator 
16 License with Stipulations shall be issued an endorsement 
17 that limits the license holder to one particular position 
18 or does not require completion of an approved educator 
19 program or both.
20  An individual with an Educator License with 
21 Stipulations must not be employed by a school district or 
22 any other entity to replace any presently employed teacher 
23 who otherwise would not be replaced for any reason.
24  An Educator License with Stipulations may be issued 
25 with the following endorsements:
26   (A) (Blank). 
 
 
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1   (B) Alternative provisional educator. An 
2 alternative provisional educator endorsement on an 
3 Educator License with Stipulations may be issued to an 
4 applicant who, at the time of applying for the 
5 endorsement, has done all of the following:
6    (i) Graduated from a regionally accredited 
7 college or university with a minimum of a 
8 bachelor's degree.
9    (ii) Successfully completed the first phase of 
10 the Alternative Educator Licensure Program for 
11 Teachers, as described in Section 21B-50 of this 
12 Code.
13    (iii) Passed a content area test, as required 
14 under Section 21B-30 of this Code.
15  The alternative provisional educator endorsement is 
16 valid for 2 years of teaching and may be renewed for a 
17 third year by an individual meeting the requirements set 
18 forth in Section 21B-50 of this Code. 
19   (C) Alternative provisional superintendent. An 
20 alternative provisional superintendent endorsement on 
21 an Educator License with Stipulations entitles the 
22 holder to serve only as a superintendent or assistant 
23 superintendent in a school district's central office. 
24 This endorsement may only be issued to an applicant 
25 who, at the time of applying for the endorsement, has 
26 done all of the following:
 
 
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1    (i) Graduated from a regionally accredited 
2 college or university with a minimum of a master's 
3 degree in a management field other than education.
4    (ii) Been employed for a period of at least 5 
5 years in a management level position in a field 
6 other than education.
7    (iii) Successfully completed the first phase 
8 of an alternative route to superintendent 
9 endorsement program, as provided in Section 21B-55 
10 of this Code.
11    (iv) Passed a content area test required under 
12 Section 21B-30 of this Code.
13   The endorsement is valid for 2 fiscal years in 
14 order to complete one full year of serving as a 
15 superintendent or assistant superintendent.
16   (D) (Blank).
17   (E) Career and technical educator. A career and 
18 technical educator endorsement on an Educator License 
19 with Stipulations may be issued to an applicant who 
20 has a minimum of 60 semester hours of coursework from a 
21 regionally accredited institution of higher education 
22 or an accredited trade and technical institution and 
23 has a minimum of 2,000 hours of experience outside of 
24 education in each area to be taught.
25   The career and technical educator endorsement on 
26 an Educator License with Stipulations is valid until 
 
 
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1 June 30 immediately following 5 years of the 
2 endorsement being issued and may be renewed.
3   An individual who holds a valid career and 
4 technical educator endorsement on an Educator License 
5 with Stipulations but does not hold a bachelor's 
6 degree may substitute teach in career and technical 
7 education classrooms. 
8   (F) (Blank).
9   (G) Transitional bilingual educator. A 
10 transitional bilingual educator endorsement on an 
11 Educator License with Stipulations may be issued for 
12 the purpose of providing instruction in accordance 
13 with Article 14C of this Code to an applicant who 
14 provides satisfactory evidence that he or she meets 
15 all of the following requirements:
16    (i) Possesses adequate speaking, reading, and 
17 writing ability in the language other than English 
18 in which transitional bilingual education is 
19 offered.
20    (ii) Has the ability to successfully 
21 communicate in English.
22    (iii) Either possessed, within 5 years 
23 previous to his or her applying for a transitional 
24 bilingual educator endorsement, a valid and 
25 comparable teaching certificate or comparable 
26 authorization issued by a foreign country or holds 
 
 
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1 a degree from an institution of higher learning in 
2 a foreign country that the State Educator 
3 Preparation and Licensure Board determines to be 
4 the equivalent of a bachelor's degree from a 
5 regionally accredited institution of higher 
6 learning in the United States.
7   A transitional bilingual educator endorsement 
8 shall be valid for prekindergarten through grade 12, 
9 is valid until June 30 immediately following 5 years 
10 of the endorsement being issued, and shall not be 
11 renewed.
12   Persons holding a transitional bilingual educator 
13 endorsement shall not be employed to replace any 
14 presently employed teacher who otherwise would not be 
15 replaced for any reason. 
16   (H) Language endorsement. In an effort to 
17 alleviate the shortage of teachers speaking a language 
18 other than English in the public schools, an 
19 individual who holds an Educator License with 
20 Stipulations may also apply for a language 
21 endorsement, provided that the applicant provides 
22 satisfactory evidence that he or she meets all of the 
23 following requirements:
24    (i) Holds a transitional bilingual 
25 endorsement. 
26    (ii) Has demonstrated proficiency in the 
 
 
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1 language for which the endorsement is to be issued 
2 by passing the applicable language content test 
3 required by the State Board of Education.
4    (iii) Holds a bachelor's degree or higher from 
5 a regionally accredited institution of higher 
6 education or, for individuals educated in a 
7 country other than the United States, holds a 
8 degree from an institution of higher learning in a 
9 foreign country that the State Educator 
10 Preparation and Licensure Board determines to be 
11 the equivalent of a bachelor's degree from a 
12 regionally accredited institution of higher 
13 learning in the United States.
14    (iv) (Blank).
15   A language endorsement on an Educator License with 
16 Stipulations is valid for prekindergarten through 
17 grade 12 for the same validity period as the 
18 individual's transitional bilingual educator 
19 endorsement on the Educator License with Stipulations 
20 and shall not be renewed.
21   (I) Visiting international educator. A visiting 
22 international educator endorsement on an Educator 
23 License with Stipulations may be issued to an 
24 individual who is being recruited by a particular 
25 school district that conducts formal recruitment 
26 programs outside of the United States to secure the 
 
 
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1 services of qualified teachers and who meets all of 
2 the following requirements:
3    (i) Holds the equivalent of a minimum of a 
4 bachelor's degree issued in the United States.
5    (ii) Has been prepared as a teacher at the 
6 grade level for which he or she will be employed.
7    (iii) Has adequate content knowledge in the 
8 subject to be taught.
9    (iv) Has an adequate command of the English 
10 language.
11   A holder of a visiting international educator 
12 endorsement on an Educator License with Stipulations 
13 shall be permitted to teach in bilingual education 
14 programs in the language that was the medium of 
15 instruction in his or her teacher preparation program, 
16 provided that he or she passes the English Language 
17 Proficiency Examination or another test of writing 
18 skills in English identified by the State Board of 
19 Education, in consultation with the State Educator 
20 Preparation and Licensure Board.
21   A visiting international educator endorsement on 
22 an Educator License with Stipulations is valid for 5 
23 years and shall not be renewed.
24   (J) Paraprofessional educator. A paraprofessional 
25 educator endorsement on an Educator License with 
26 Stipulations may be issued to an applicant who holds a 
 
 
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1 high school diploma or its recognized equivalent and 
2 (i) holds an associate's degree or a minimum of 60 
3 semester hours of credit from a regionally accredited 
4 institution of higher education; (ii) has passed a 
5 paraprofessional competency test under subsection 
6 (c-5) of Section 21B-30; or (iii) is at least 18 years 
7 of age and will be using the Educator License with 
8 Stipulations exclusively for grades prekindergarten 
9 through grade 8, until the individual reaches the age 
10 of 19 years and otherwise meets the criteria for a 
11 paraprofessional educator endorsement pursuant to this 
12 subparagraph (J). The paraprofessional educator 
13 endorsement is valid until June 30 immediately 
14 following 5 years of the endorsement being issued and 
15 may be renewed through application and payment of the 
16 appropriate fee, as required under Section 21B-40 of 
17 this Code. An individual who holds only a 
18 paraprofessional educator endorsement is not subject 
19 to additional requirements in order to renew the 
20 endorsement.
21   (K) Chief school business official. A chief school 
22 business official endorsement on an Educator License 
23 with Stipulations may be issued to an applicant who 
24 qualifies by having a master's degree or higher, 2 
25 years of full-time administrative experience in school 
26 business management or 2 years of university-approved 
 
 
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1 practical experience, and a minimum of 24 semester 
2 hours of graduate credit in a program approved by the 
3 State Board of Education for the preparation of school 
4 business administrators and by passage of the 
5 applicable State tests, including an applicable 
6 content area test. 
7   The chief school business official endorsement may 
8 also be affixed to the Educator License with 
9 Stipulations of any holder who qualifies by having a 
10 master's degree in business administration, finance, 
11 accounting, or public administration and who completes 
12 an additional 6 semester hours of internship in school 
13 business management from a regionally accredited 
14 institution of higher education and passes the 
15 applicable State tests, including an applicable 
16 content area test. This endorsement shall be required 
17 for any individual employed as a chief school business 
18 official. 
19   The chief school business official endorsement on 
20 an Educator License with Stipulations is valid until 
21 June 30 immediately following 5 years of the 
22 endorsement being issued and may be renewed if the 
23 license holder completes renewal requirements as 
24 required for individuals who hold a Professional 
25 Educator License endorsed for chief school business 
26 official under Section 21B-45 of this Code and such 
 
 
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1 rules as may be adopted by the State Board of 
2 Education. 
3   The State Board of Education shall adopt any rules 
4 necessary to implement Public Act 100-288.
5   (L) Provisional in-state educator. A provisional 
6 in-state educator endorsement on an Educator License 
7 with Stipulations may be issued to a candidate who has 
8 completed an Illinois-approved educator preparation 
9 program at an Illinois institution of higher education 
10 and who has not successfully completed an 
11 evidence-based assessment of teacher effectiveness but 
12 who meets all of the following requirements: 
13    (i) Holds at least a bachelor's degree.
14    (ii) Has completed an approved educator 
15 preparation program at an Illinois institution.
16    (iii) Has passed an applicable content area 
17 test, as required by Section 21B-30 of this Code.
18    (iv) Has attempted an evidence-based 
19 assessment of teacher effectiveness and received a 
20 minimum score on that assessment, as established 
21 by the State Board of Education in consultation 
22 with the State Educator Preparation and Licensure 
23 Board.
24   A provisional in-state educator endorsement on an 
25 Educator License with Stipulations is valid for one 
26 full fiscal year after the date of issuance and may not 
 
 
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1 be renewed.
2   (M) (Blank).
3   (N) Specialized services. A specialized services 
4 endorsement on an Educator License with Stipulations 
5 may be issued as defined and specified by rule. 
6   (O) Provisional career and technical educator. A 
7 provisional career and technical educator endorsement 
8 on an Educator License with Stipulations may be issued 
9 to an applicant who has a minimum of 8,000 hours of 
10 work experience in the skill for which the applicant 
11 is seeking the endorsement. Each employing school 
12 board and regional office of education shall provide 
13 verification, in writing, to the State Superintendent 
14 of Education at the time the application is submitted 
15 that no qualified teacher holding a Professional 
16 Educator License or an Educator License with 
17 Stipulations with a career and technical educator 
18 endorsement is available to teach and that actual 
19 circumstances require such issuance.
20   A provisional career and technical educator 
21 endorsement on an Educator License with Stipulations 
22 is valid until June 30 immediately following 5 years 
23 of the endorsement being issued and may be renewed.
24   An individual who holds a provisional career and 
25 technical educator endorsement on an Educator License 
26 with Stipulations may teach as a substitute teacher in 
 
 
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1 career and technical education classrooms. 
2  (3) Substitute Teaching License. A Substitute Teaching 
3 License may be issued to qualified applicants for 
4 substitute teaching in all grades of the public schools, 
5 prekindergarten through grade 12. Substitute Teaching 
6 Licenses are not eligible for endorsements. Applicants for 
7 a Substitute Teaching License must hold a bachelor's 
8 degree or higher from a regionally accredited institution 
9 of higher education or must be enrolled in an approved 
10 educator preparation program in this State and have earned 
11 at least 90 credit hours.
12  Substitute Teaching Licenses are valid for 5 years.
13  Substitute Teaching Licenses are valid for substitute 
14 teaching in every county of this State. If an individual 
15 has had his or her Professional Educator License or 
16 Educator License with Stipulations suspended or revoked, 
17 then that individual is not eligible to obtain a 
18 Substitute Teaching License.
19  A substitute teacher may only teach in the place of a 
20 licensed teacher who is under contract with the employing 
21 board. If, however, there is no licensed teacher under 
22 contract because of an emergency situation, then a 
23 district may employ a substitute teacher for no longer 
24 than 30 calendar days per each vacant position in the 
25 district if the district notifies the appropriate regional 
26 office of education within 5 business days after the 
 
 
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1 employment of the substitute teacher in that vacant 
2 position. A district may continue to employ that same 
3 substitute teacher in that same vacant position for 90 
4 calendar days or until the end of the semester, whichever 
5 is greater, if, prior to the expiration of the 
6 30-calendar-day period then current, the district files a 
7 written request with the appropriate regional office of 
8 education for a 30-calendar-day extension on the basis 
9 that the position remains vacant and the district 
10 continues to actively seek qualified candidates and 
11 provides documentation that it has provided training 
12 specific to the position, including training on meeting 
13 the needs of students with disabilities and English 
14 learners if applicable. Each extension request shall be 
15 granted in writing by the regional office of education. An 
16 emergency situation is one in which an unforeseen vacancy 
17 has occurred and (i) a teacher is unexpectedly unable to 
18 fulfill his or her contractual duties or (ii) teacher 
19 capacity needs of the district exceed previous indications 
20 or vacancies are unfilled due to a lack of qualified 
21 candidates, and the district is actively engaged in 
22 advertising to hire a fully licensed teacher for the 
23 vacant position.
24  There is no limit on the number of days that a 
25 substitute teacher may teach in a single school district, 
26 provided that no substitute teacher may teach for longer 
 
 
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1 than 120 days beginning with the 2021-2022 school year 
2 through the 2022-2023 school year, otherwise 90 school 
3 days for any one licensed teacher under contract in the 
4 same school year. A substitute teacher who holds a 
5 Professional Educator License or Educator License with 
6 Stipulations shall not teach for more than 120 school days 
7 for any one licensed teacher under contract in the same 
8 school year. The limitations in this paragraph (3) on the 
9 number of days a substitute teacher may be employed do not 
10 apply to any school district operating under Article 34 of 
11 this Code.
12  A school district may not require an individual who 
13 holds a valid Professional Educator License or Educator 
14 License with Stipulations to seek or hold a Substitute 
15 Teaching License to teach as a substitute teacher. 
16  (4) Short-Term Substitute Teaching License. Beginning 
17 on July 1, 2018 and until June 30, 2028, applicants may 
18 apply to the State Board of Education for issuance of a 
19 Short-Term Substitute Teaching License. A Short-Term 
20 Substitute Teaching License may be issued to a qualified 
21 applicant for substitute teaching in all grades of the 
22 public schools, prekindergarten through grade 12. 
23 Short-Term Substitute Teaching Licenses are not eligible 
24 for endorsements. Applicants for a Short-Term Substitute 
25 Teaching License must hold an associate's degree or have 
26 completed at least 60 credit hours from a regionally 
 
 
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1 accredited institution of higher education.
2  Short-Term Substitute Teaching Licenses are valid for 
3 substitute teaching in every county of this State. If an 
4 individual has had his or her Professional Educator 
5 License or Educator License with Stipulations suspended or 
6 revoked, then that individual is not eligible to obtain a 
7 Short-Term Substitute Teaching License.
8  The provisions of Sections 10-21.9 and 34-18.5 of this 
9 Code apply to short-term substitute teachers. 
10  An individual holding a Short-Term Substitute Teaching 
11 License may teach no more than 15 consecutive days per 
12 licensed teacher who is under contract. For teacher 
13 absences lasting 6 or more days per licensed teacher who 
14 is under contract, a school district may not hire an 
15 individual holding a Short-Term Substitute Teaching 
16 License, unless the Governor has declared a disaster due 
17 to a public health emergency pursuant to Section 7 of the 
18 Illinois Emergency Management Agency Act. An individual 
19 holding a Short-Term Substitute Teaching License must 
20 complete the training program under Section 10-20.67 or 
21 34-18.60 of this Code to be eligible to teach at a public 
22 school. Short-Term Substitute Teaching Licenses Short-term 
23 substitute teaching licenses under this Section are valid 
24 for 5 years. 
25(Source: P.A. 102-711, eff. 1-1-23; 102-712, eff. 4-27-22; 
26102-713, eff. 1-1-23; 102-717, eff. 4-29-22; 102-894, eff. 
 
 
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15-20-22; 103-111, eff. 6-29-23; 103-154, eff. 6-30-23; 
2103-193, eff. 1-1-24; revised 9-7-23.)

3 (105 ILCS 5/22-96)
4 (This Section may contain text from a Public Act with a 
5delayed effective date)
6 Sec. 22-96 22-95. Hiring or assigning priority.
7 (a) When hiring or assigning physical education, music, 
8and visual arts educators, a school district must prioritize 
9the hiring or assigning of educators who hold an educator 
10license and endorsement in the those content area to be taught 
11areas.
12 (b) A licensed professional educator assigned to physical 
13education, music, or visual arts who does not hold an 
14endorsement in the content area to be taught licensure 
15applicant must acquire short-term approval under Part 25 of 
16Title 23 of the Illinois Administrative Code by the State 
17Board of Education pass the licensure content area test for 
18the content area he or she is assigned to teach or complete at 
19least 9 semester hours of coursework in the content area to be 
20taught prior to his or her assignment or employment start 
21date. If no short-term approval is available in the content 
22area to be taught, the licensed educator shall meet equivalent 
23criteria specified by the State Board of Education. In order 
24to retain his or her employment for subsequent school years, 
25the educator employee must acquire the full endorsement in the 
 
 
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1content area to be taught prior to the end of the validity 
2period of the short-term approval complete the remaining hours 
3of coursework in the content area in which he or she is 
4teaching and apply for a license endorsement within 3 calendar 
5years after his or her employment start date.
6 (c) In the case of a reduction in force, a school district 
7may follow its employee contract language for filling 
8positions.
9 (d) Instead of holding the credentials specified in 
10subsection (a) or (b) of this Section, an educator assigned to 
11a position under this Section may meet any requirements set 
12forth under Title 23 of the Illinois Administrative Code as 
13applicable to the content area to be taught, except that 
14subsection (b) of Section 1.710 of Title 23 of the Illinois 
15Administrative Code does not apply to an educator assigned to 
16a position under this subsection (d). 
17(Source: P.A. 103-46, eff. 1-1-24; revised 9-25-23.)

18 (105 ILCS 5/27-20.3) (from Ch. 122, par. 27-20.3)
19 Sec. 27-20.3. Holocaust and Genocide Study. 
20 (a) Every public elementary school and high school shall 
21include in its curriculum a unit of instruction studying the 
22events of the Nazi atrocities of 1933 to 1945. This period in 
23world history is known as the Holocaust, during which 
246,000,000 Jews and millions of non-Jews were exterminated. One 
25of the universal lessons of the Holocaust is that national, 
 
 
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1ethnic, racial, or religious hatred can overtake any nation or 
2society, leading to calamitous consequences. To reinforce that 
3lesson, such curriculum shall include an additional unit of 
4instruction studying other acts of genocide across the globe. 
5This unit shall include, but not be limited to, the Native 
6American genocide in North America, the Armenian Genocide, the 
7Famine-Genocide in Ukraine, and more recent atrocities in 
8Cambodia, Bosnia, Rwanda, and Sudan. The studying of this 
9material is a reaffirmation of the commitment of free peoples 
10from all nations to never again permit the occurrence of 
11another Holocaust and a recognition that crimes of genocide 
12continue to be perpetrated across the globe as they have been 
13in the past and to deter indifference to crimes against 
14humanity and human suffering wherever they may occur.
15 (b) The State Superintendent of Education may prepare and 
16make available to all school boards instructional materials 
17which may be used as guidelines for development of a unit of 
18instruction under this Section; provided, however, that each 
19school board shall itself determine the minimum amount of 
20instruction time which shall qualify as a unit of instruction 
21satisfying the requirements of this Section.
22 Instructional materials that include the addition of 
23content related to the Native American genocide in North 
24America shall be prepared and made available to all school 
25boards on the State Board of Education's Internet website no 
26later than July 1, 2024 January 1, 2025. Notwithstanding 
 
 
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1subsection (a) of this Section, a school is not required to 
2teach the additional content related to the Native American 
3genocide in North America until instructional materials are 
4made available on the State Board's Internet website. 
5 Instructional materials related to the Native American 
6genocide in North America shall be developed in consultation 
7with members of the Chicago American Indian Community 
8Collaborative who are members of a federally recognized tribe, 
9are documented descendants of Indigenous communities, or are 
10other persons recognized as contributing community members by 
11the Chicago American Indian Community Collaborative and who 
12currently reside in this State or their designees. 
13(Source: P.A. 103-422, eff. 8-4-23.)

14 (105 ILCS 5/27-21) (from Ch. 122, par. 27-21)
15 Sec. 27-21. History of United States. 
16 (a) History of the United States shall be taught in all 
17public schools and in all other educational institutions in 
18this State supported or maintained, in whole or in part, by 
19public funds. 
20 The teaching of history shall have as one of its 
21objectives the imparting to pupils of a comprehensive idea of 
22our democratic form of government and the principles for which 
23our government stands as regards other nations, including the 
24studying of the place of our government in world-wide 
25movements and the leaders thereof, with particular stress upon 
 
 
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1the basic principles and ideals of our representative form of 
2government. 
3 The teaching of history shall include a study of the role 
4and contributions of African Americans and other ethnic 
5groups, including, but not restricted to, Native Americans, 
6Polish, Lithuanian, German, Hungarian, Irish, Bohemian, 
7Russian, Albanian, Italian, Czech, Slovak, French, Scots, 
8Hispanics, Asian Americans, etc., in the history of this 
9country and this State. To reinforce the study of the role and 
10contributions of Hispanics, such curriculum shall include the 
11study of the events related to the forceful removal and 
12illegal deportation of Mexican-American U.S. citizens during 
13the Great Depression.
14 The teaching of history shall also include teaching about 
15Native American nations' sovereignty and self-determination, 
16both historically and in the present day, with a focus on urban 
17Native Americans.
18 In public schools only, the teaching of history shall 
19include a study of the roles and contributions of lesbian, 
20gay, bisexual, and transgender people in the history of this 
21country and this State. 
22 The teaching of history also shall include a study of the 
23role of labor unions and their interaction with government in 
24achieving the goals of a mixed free enterprise system. 
25 Beginning with the 2020-2021 school year, the teaching of 
26history must also include instruction on the history of 
 
 
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1Illinois. 
2 The teaching of history shall include the contributions 
3made to society by Americans of different faith practices, 
4including, but not limited to, Native Americans, Muslim 
5Americans, Jewish Americans, Christian Americans, Hindu 
6Americans, Sikh Americans, Buddhist Americans, and any other 
7collective community of faith that has shaped America. 
8 (b) No pupils shall be graduated from the eighth grade of 
9any public school unless the pupils have received instruction 
10in the history of the United States as provided in this Section 
11and give evidence of having a comprehensive knowledge thereof, 
12which may be administered remotely. 
13 (c) The State Superintendent of Education may prepare and 
14make available to all school boards instructional materials 
15that may be used as guidelines for the development of 
16instruction under this Section; however, each school board 
17shall itself determine the minimum amount of instructional 
18time required for satisfying the requirements of this Section. 
19Instructional materials that include the addition of content 
20related to Native Americans shall be prepared by the State 
21Superintendent of Education and made available to all school 
22boards on the State Board of Education's Internet website no 
23later than July 1, 2024 January 1, 2025. These instructional 
24materials may be used by school boards as guidelines for the 
25development of instruction under this Section; however, each 
26school board shall itself determine the minimum amount of 
 
 
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1instructional time for satisfying the requirements of this 
2Section. Notwithstanding subsections (a) and (b) of this 
3Section, a school or other educational institution is not 
4required to teach and a pupil is not required to learn the 
5additional content related to Native Americans until 
6instructional materials are made available on the State 
7Board's Internet website.   
8 Instructional materials related to Native Americans shall 
9be developed in consultation with members of the Chicago 
10American Indian Community Collaborative who are members of a 
11federally recognized tribe, are documented descendants of 
12Indigenous communities, or are other persons recognized as 
13contributing community members by the Chicago American Indian 
14Community Collaborative and who currently reside in this 
15State. 
16(Source: P.A. 102-411, eff. 1-1-22; 103-422, eff. 8-4-23.)

17 Section 40. The Child Care Act of 1969 is amended by 
18changing Sections 2.06 and 2.17 and by adding Section 2.35 as 
19follows:

20 (225 ILCS 10/2.06) (from Ch. 23, par. 2212.06)
21 Sec. 2.06. "Child care institution" means a child care 
22facility where more than 7 children are received and 
23maintained for the purpose of providing them with care or 
24training or both. The term "child care institution" includes 
 
 
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1residential schools, primarily serving ambulatory children 
2with disabilities, and those operating a full calendar year, 
3but does not include:
4  (a) any State-operated institution for child care 
5 established by legislative action;
6  (b) any juvenile detention or shelter care home 
7 established and operated by any county or child protection 
8 district established under the "Child Protection Act";
9  (c) any institution, home, place or facility operating 
10 under a license pursuant to the Nursing Home Care Act, the 
11 Specialized Mental Health Rehabilitation Act of 2013, the 
12 ID/DD Community Care Act, or the MC/DD Act;
13  (d) any bona fide boarding school in which children 
14 are primarily taught branches of education corresponding 
15 to those taught in public schools, grades one through 12, 
16 or taught in public elementary schools, high schools, or 
17 both elementary and high schools, and which operates on a 
18 regular academic school year basis; or
19  (e) any facility licensed as a "group home" as defined 
20 in this Act; or .
21  (f) any qualified residential treatment program.
22(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15; 
2399-180, eff. 7-29-15; 99-642, eff. 7-28-16.)

24 (225 ILCS 10/2.17) (from Ch. 23, par. 2212.17)
25 Sec. 2.17. "Foster family home" means the home of an 
 
 
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1individual or family: 
2 (1) that is licensed or approved by the state in which it 
3is situated as a foster family home that meets the standards 
4established for the licensing or approval; and
5 (2) in which a child in foster care has been placed in the 
6care of an individual who resides with the child and who has 
7been licensed or approved by the state to be a foster parent 
8and:
9  (A) who the Department of Children and Family Services 
10 deems capable of adhering to the reasonable and prudent 
11 parent standard;
12  (B) who provides 24-hour substitute care for children 
13 placed away from their parents or other caretakers; and
14 (3) who provides the care for a facility for child care in 
15residences of families who receive no more than 6 children 
16unrelated to them, unless all the children are of common 
17parentage, or residences of relatives who receive no more than 
186 related children placed by the Department, unless the 
19children are of common parentage, for the purpose of providing 
20family care and training for the children on a full-time 
21basis, except the Director of Children and Family Services, 
22pursuant to Department regulations, may waive the numerical 
23limitation of foster children who may be cared for in a foster 
24family home for any of the following reasons to allow: (i) (1) 
25a parenting youth in foster care to remain with the child of 
26the parenting youth; (ii) (2) siblings to remain together; 
 
 
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1(iii) (3) a child with an established meaningful relationship 
2with the family to remain with the family; or (iv) (4) a family 
3with special training or skills to provide care to a child who 
4has a severe disability. The family's or relative's own 
5children, under 18 years of age, shall be included in 
6determining the maximum number of children served. 
7 For purposes of this Section, a "relative" includes any 
8person, 21 years of age or over, other than the parent, who (i) 
9is currently related to the child in any of the following ways 
10by blood or adoption: grandparent, sibling, great-grandparent, 
11uncle, aunt, nephew, niece, first cousin, great-uncle, or 
12great-aunt; or (ii) is the spouse of such a relative; or (iii) 
13is a child's step-father, step-mother, or adult step-brother 
14or step-sister; or (iv) is a fictive kin; "relative" also 
15includes a person related in any of the foregoing ways to a 
16sibling of a child, even though the person is not related to 
17the child, when the child and its sibling are placed together 
18with that person. For purposes of placement of children 
19pursuant to Section 7 of the Children and Family Services Act 
20and for purposes of licensing requirements set forth in 
21Section 4 of this Act, for children under the custody or 
22guardianship of the Department pursuant to the Juvenile Court 
23Act of 1987, after a parent signs a consent, surrender, or 
24waiver or after a parent's rights are otherwise terminated, 
25and while the child remains in the custody or guardianship of 
26the Department, the child is considered to be related to those 
 
 
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1to whom the child was related under this Section prior to the 
2signing of the consent, surrender, or waiver or the order of 
3termination of parental rights. 
4 The term "foster family home" includes homes receiving 
5children from any State-operated institution for child care; 
6or from any agency established by a municipality or other 
7political subdivision of the State of Illinois authorized to 
8provide care for children outside their own homes. The term 
9"foster family home" does not include an "adoption-only home" 
10as defined in Section 2.23 of this Act. The types of foster 
11family homes are defined as follows:
12  (a) "Boarding home" means a foster family home which 
13 receives payment for regular full-time care of a child or 
14 children.
15  (b) "Free home" means a foster family home other than 
16 an adoptive home which does not receive payments for the 
17 care of a child or children.
18  (c) "Adoptive home" means a foster family home which 
19 receives a child or children for the purpose of adopting 
20 the child or children, but does not include an 
21 adoption-only home.
22  (d) "Work-wage home" means a foster family home which 
23 receives a child or children who pay part or all of their 
24 board by rendering some services to the family not 
25 prohibited by the Child Labor Law or by standards or 
26 regulations of the Department prescribed under this Act. 
 
 
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1 The child or children may receive a wage in connection 
2 with the services rendered the foster family.
3  (e) "Agency-supervised home" means a foster family 
4 home under the direct and regular supervision of a 
5 licensed child welfare agency, of the Department of 
6 Children and Family Services, of a circuit court, or of 
7 any other State agency which has authority to place 
8 children in child care facilities, and which receives no 
9 more than 8 children, unless of common parentage, who are 
10 placed and are regularly supervised by one of the 
11 specified agencies.
12  (f) "Independent home" means a foster family home, 
13 other than an adoptive home, which receives no more than 4 
14 children, unless of common parentage, directly from 
15 parents, or other legally responsible persons, by 
16 independent arrangement and which is not subject to direct 
17 and regular supervision of a specified agency except as 
18 such supervision pertains to licensing by the Department.
19  (g) "Host home" means an emergency foster family home 
20 under the direction and regular supervision of a licensed 
21 child welfare agency, contracted to provide short-term 
22 crisis intervention services to youth served under the 
23 Comprehensive Community-Based Youth Services program, 
24 under the direction of the Department of Human Services. 
25 The youth shall not be under the custody or guardianship 
26 of the Department pursuant to the Juvenile Court Act of 
 
 
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1 1987.
2(Source: P.A. 101-63, eff. 7-12-19; 102-688, eff. 7-1-22.)

3 (225 ILCS 10/2.35 new)
4 Sec. 2.35. "Qualified residential treatment program" means 
5a program that:
6 (1) has a trauma-informed treatment model that is designed 
7to address the needs, including clinical needs as appropriate, 
8of children with serious emotional or behavioral disorders or 
9disturbances and, with respect to a child, is able to 
10implement the treatment identified for the child by the 
11assessment of the child required under 42 U.S.C. 675a(c);
12 (2) whether by acquisition of direct employment or 
13otherwise, has registered or licensed nursing staff and other 
14licensed clinical staff who:
15  (A) provide care within the scope of their practice as 
16 defined by law;
17  (B) are located on-site; and
18  (C) are available 24 hours a day, 7 days a week;
19 (3) to the extent appropriate, and in accordance with the 
20child's best interests, facilitates participation of family 
21members in the child's treatment program;
22 (4) facilitates outreach to the family members of the 
23child, including siblings, documents how the outreach is made, 
24including contact information, and maintains contact 
25information for any known biological family and fictive kin of 
 
 
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1the child;
2 (5) documents how family members are integrated into the 
3treatment process for the child, including post-discharge, and 
4how sibling connections are maintained;
5 (6) provides discharge planning and family-based aftercare 
6support for at least 6 months post-discharge; and
7 (7) is licensed in accordance with this Act and is 
8accredited by any of the following independent, not-for-profit 
9organizations:
10  (A) the Commission on Accreditation of Rehabilitation 
11 Facilities;
12  (B) the Joint Commission;
13  (C) the Council on Accreditation; or
14  (D) any other independent, not-for-profit accrediting 
15 organization approved by the Secretary of Health and Human 
16 Services as described in 42 U.S.C. 672 (k)(4).

17 Section 45. The Juvenile Court Act of 1987 is amended by 
18changing Section 1-3 as follows:

19 (705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
20 Sec. 1-3. Definitions. Terms used in this Act, unless the 
21context otherwise requires, have the following meanings 
22ascribed to them:
23 (1) "Adjudicatory hearing" means a hearing to determine 
24whether the allegations of a petition under Section 2-13, 
 
 
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13-15, or 4-12 that a minor under 18 years of age is abused, 
2neglected, or dependent, or requires authoritative 
3intervention, or addicted, respectively, are supported by a 
4preponderance of the evidence or whether the allegations of a 
5petition under Section 5-520 that a minor is delinquent are 
6proved beyond a reasonable doubt.
7 (2) "Adult" means a person 21 years of age or older.
8 (3) "Agency" means a public or private child care facility 
9legally authorized or licensed by this State for placement or 
10institutional care or for both placement and institutional 
11care.
12 (4) "Association" means any organization, public or 
13private, engaged in welfare functions which include services 
14to or on behalf of children but does not include "agency" as 
15herein defined.
16 (4.05) Whenever a "best interest" determination is 
17required, the following factors shall be considered in the 
18context of the child's age and developmental needs:
19  (a) the physical safety and welfare of the child, 
20 including food, shelter, health, and clothing;
21  (b) the development of the child's identity;
22  (c) the child's background and ties, including 
23 familial, cultural, and religious;
24  (d) the child's sense of attachments, including:
25   (i) where the child actually feels love, 
26 attachment, and a sense of being valued (as opposed to 
 
 
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1 where adults believe the child should feel such love, 
2 attachment, and a sense of being valued);
3   (ii) the child's sense of security;
4   (iii) the child's sense of familiarity;
5   (iv) continuity of affection for the child;
6   (v) the least disruptive placement alternative for 
7 the child;
8  (e) the child's wishes and long-term goals;
9  (f) the child's community ties, including church, 
10 school, and friends;
11  (g) the child's need for permanence which includes the 
12 child's need for stability and continuity of relationships 
13 with parent figures and with siblings and other relatives;
14  (h) the uniqueness of every family and child;
15  (i) the risks attendant to entering and being in 
16 substitute care; and
17  (j) the preferences of the persons available to care 
18 for the child.
19 (4.1) "Chronic truant" shall have the definition ascribed 
20to it in Section 26-2a of the School Code.
21 (5) "Court" means the circuit court in a session or 
22division assigned to hear proceedings under this Act.
23 (6) "Dispositional hearing" means a hearing to determine 
24whether a minor should be adjudged to be a ward of the court, 
25and to determine what order of disposition should be made in 
26respect to a minor adjudged to be a ward of the court.
 
 
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1 (6.5) "Dissemination" or "disseminate" means to publish, 
2produce, print, manufacture, distribute, sell, lease, exhibit, 
3broadcast, display, transmit, or otherwise share information 
4in any format so as to make the information accessible to 
5others.
6 (7) "Emancipated minor" means any minor 16 years of age or 
7over who has been completely or partially emancipated under 
8the Emancipation of Minors Act or under this Act.
9 (7.03) "Expunge" means to physically destroy the records 
10and to obliterate the minor's name from any official index, 
11public record, or electronic database. 
12 (7.05) "Foster parent" includes a relative caregiver 
13selected by the Department of Children and Family Services to 
14provide care for the minor. 
15 (8) "Guardianship of the person" of a minor means the duty 
16and authority to act in the best interests of the minor, 
17subject to residual parental rights and responsibilities, to 
18make important decisions in matters having a permanent effect 
19on the life and development of the minor and to be concerned 
20with the minor's general welfare. It includes but is not 
21necessarily limited to:
22  (a) the authority to consent to marriage, to 
23 enlistment in the armed forces of the United States, or to 
24 a major medical, psychiatric, and surgical treatment; to 
25 represent the minor in legal actions; and to make other 
26 decisions of substantial legal significance concerning the 
 
 
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1 minor;
2  (b) the authority and duty of reasonable visitation, 
3 except to the extent that these have been limited in the 
4 best interests of the minor by court order;
5  (c) the rights and responsibilities of legal custody 
6 except where legal custody has been vested in another 
7 person or agency; and
8  (d) the power to consent to the adoption of the minor, 
9 but only if expressly conferred on the guardian in 
10 accordance with Section 2-29, 3-30, or 4-27.
11 (8.1) "Juvenile court record" includes, but is not limited 
12to: 
13  (a) all documents filed in or maintained by the 
14 juvenile court pertaining to a specific incident, 
15 proceeding, or individual; 
16  (b) all documents relating to a specific incident, 
17 proceeding, or individual made available to or maintained 
18 by probation officers; 
19  (c) all documents, video or audio tapes, photographs, 
20 and exhibits admitted into evidence at juvenile court 
21 hearings; or 
22  (d) all documents, transcripts, records, reports, or 
23 other evidence prepared by, maintained by, or released by 
24 any municipal, county, or State agency or department, in 
25 any format, if indicating involvement with the juvenile 
26 court relating to a specific incident, proceeding, or 
 
 
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1 individual. 
2 (8.2) "Juvenile law enforcement record" includes records 
3of arrest, station adjustments, fingerprints, probation 
4adjustments, the issuance of a notice to appear, or any other 
5records or documents maintained by any law enforcement agency 
6relating to a minor suspected of committing an offense, and 
7records maintained by a law enforcement agency that identifies 
8a juvenile as a suspect in committing an offense, but does not 
9include records identifying a juvenile as a victim, witness, 
10or missing juvenile and any records created, maintained, or 
11used for purposes of referral to programs relating to 
12diversion as defined in subsection (6) of Section 5-105. 
13 (9) "Legal custody" means the relationship created by an 
14order of court in the best interests of the minor which imposes 
15on the custodian the responsibility of physical possession of 
16a minor and the duty to protect, train and discipline the minor 
17and to provide the minor with food, shelter, education, and 
18ordinary medical care, except as these are limited by residual 
19parental rights and responsibilities and the rights and 
20responsibilities of the guardian of the person, if any.
21 (9.1) "Mentally capable adult relative" means a person 21 
22years of age or older who is not suffering from a mental 
23illness that prevents the person from providing the care 
24necessary to safeguard the physical safety and welfare of a 
25minor who is left in that person's care by the parent or 
26parents or other person responsible for the minor's welfare. 
 
 
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1 (10) "Minor" means a person under the age of 21 years 
2subject to this Act.
3 (11) "Parent" means a father or mother of a child and 
4includes any adoptive parent. It also includes a person (i) 
5whose parentage is presumed or has been established under the 
6law of this or another jurisdiction or (ii) who has registered 
7with the Putative Father Registry in accordance with Section 
812.1 of the Adoption Act and whose paternity has not been ruled 
9out under the law of this or another jurisdiction. It does not 
10include a parent whose rights in respect to the minor have been 
11terminated in any manner provided by law. It does not include a 
12person who has been or could be determined to be a parent under 
13the Illinois Parentage Act of 1984 or the Illinois Parentage 
14Act of 2015, or similar parentage law in any other state, if 
15that person has been convicted of or pled nolo contendere to a 
16crime that resulted in the conception of the child under 
17Section 11-1.20, 11-1.30, 11-1.40, 11-11, 12-13, 12-14, 
1812-14.1, subsection (a) or (b) (but not subsection (c)) of 
19Section 11-1.50 or 12-15, or subsection (a), (b), (c), (e), or 
20(f) (but not subsection (d)) of Section 11-1.60 or 12-16 of the 
21Criminal Code of 1961 or the Criminal Code of 2012, or similar 
22statute in another jurisdiction unless upon motion of any 
23party, other than the offender, to the juvenile court 
24proceedings the court finds it is in the child's best interest 
25to deem the offender a parent for purposes of the juvenile 
26court proceedings.
 
 
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1 (11.1) "Permanency goal" means a goal set by the court as 
2defined in subdivision (2) of Section 2-28.
3 (11.2) "Permanency hearing" means a hearing to set the 
4permanency goal and to review and determine (i) the 
5appropriateness of the services contained in the plan and 
6whether those services have been provided, (ii) whether 
7reasonable efforts have been made by all the parties to the 
8service plan to achieve the goal, and (iii) whether the plan 
9and goal have been achieved.
10 (12) "Petition" means the petition provided for in Section 
112-13, 3-15, 4-12, or 5-520, including any supplemental 
12petitions thereunder in Section 3-15, 4-12, or 5-520.
13 (12.1) "Physically capable adult relative" means a person 
1421 years of age or older who does not have a severe physical 
15disability or medical condition, or is not suffering from 
16alcoholism or drug addiction, that prevents the person from 
17providing the care necessary to safeguard the physical safety 
18and welfare of a minor who is left in that person's care by the 
19parent or parents or other person responsible for the minor's 
20welfare. 
21 (12.2) "Post Permanency Sibling Contact Agreement" has the 
22meaning ascribed to the term in Section 7.4 of the Children and 
23Family Services Act. 
24 (12.3) "Residential treatment center" means a licensed 
25setting that provides 24-hour care to children in a group home 
26or institution, including a facility licensed as a child care 
 
 
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1institution under Section 2.06 of the Child Care Act of 1969, a 
2licensed group home under Section 2.16 of the Child Care Act of 
31969, a qualified residential treatment program under Section 
42.35 of the Child Care Act of 1969, a secure child care 
5facility as defined in paragraph (18) of this Section, or any 
6similar facility in another state. "Residential treatment 
7center" does not include a relative foster home or a licensed 
8foster family home. 
9 (13) "Residual parental rights and responsibilities" means 
10those rights and responsibilities remaining with the parent 
11after the transfer of legal custody or guardianship of the 
12person, including, but not necessarily limited to, the right 
13to reasonable visitation (which may be limited by the court in 
14the best interests of the minor as provided in subsection 
15(8)(b) of this Section), the right to consent to adoption, the 
16right to determine the minor's religious affiliation, and the 
17responsibility for the minor's support.
18 (14) "Shelter" means the temporary care of a minor in 
19physically unrestricting facilities pending court disposition 
20or execution of court order for placement.
21 (14.05) "Shelter placement" means a temporary or emergency 
22placement for a minor, including an emergency foster home 
23placement. 
24 (14.1) "Sibling Contact Support Plan" has the meaning 
25ascribed to the term in Section 7.4 of the Children and Family 
26Services Act. 
 
 
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1 (14.2) "Significant event report" means a written document 
2describing an occurrence or event beyond the customary 
3operations, routines, or relationships in the Department of 
4Children of Family Services, a child care facility, or other 
5entity that is licensed or regulated by the Department of 
6Children of Family Services or that provides services for the 
7Department of Children of Family Services under a grant, 
8contract, or purchase of service agreement; involving children 
9or youth, employees, foster parents, or relative caregivers; 
10allegations of abuse or neglect or any other incident raising 
11a concern about the well-being of a minor under the 
12jurisdiction of the court under Article II of the Juvenile 
13Court Act of 1987; incidents involving damage to property, 
14allegations of criminal activity, misconduct, or other 
15occurrences affecting the operations of the Department of 
16Children of Family Services or a child care facility; any 
17incident that could have media impact; and unusual incidents 
18as defined by Department of Children and Family Services rule. 
19 (15) "Station adjustment" means the informal handling of 
20an alleged offender by a juvenile police officer.
21 (16) "Ward of the court" means a minor who is so adjudged 
22under Section 2-22, 3-23, 4-20, or 5-705, after a finding of 
23the requisite jurisdictional facts, and thus is subject to the 
24dispositional powers of the court under this Act.
25 (17) "Juvenile police officer" means a sworn police 
26officer who has completed a Basic Recruit Training Course, has 
 
 
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1been assigned to the position of juvenile police officer by 
2the officer's chief law enforcement officer and has completed 
3the necessary juvenile officers training as prescribed by the 
4Illinois Law Enforcement Training Standards Board, or in the 
5case of a State police officer, juvenile officer training 
6approved by the Director of the Illinois State Police.
7 (18) "Secure child care facility" means any child care 
8facility licensed by the Department of Children and Family 
9Services to provide secure living arrangements for children 
10under 18 years of age who are subject to placement in 
11facilities under the Children and Family Services Act and who 
12are not subject to placement in facilities for whom standards 
13are established by the Department of Corrections under Section 
143-15-2 of the Unified Code of Corrections. "Secure child care 
15facility" also means a facility that is designed and operated 
16to ensure that all entrances and exits from the facility, a 
17building, or a distinct part of the building are under the 
18exclusive control of the staff of the facility, whether or not 
19the child has the freedom of movement within the perimeter of 
20the facility, building, or distinct part of the building.
21(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23; 
22revised 9-20-23.)

23 Section 50. The Unified Code of Corrections is amended by 
24changing Section 5-4.5-110 as follows:

 
 
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1 (730 ILCS 5/5-4.5-110)
2 (Section scheduled to be repealed on January 1, 2024)
3 Sec. 5-4.5-110. SENTENCING GUIDELINES FOR INDIVIDUALS WITH 
4PRIOR FELONY FIREARM-RELATED OR OTHER SPECIFIED CONVICTIONS.
5 (a) DEFINITIONS. For the purposes of this Section:
6  "Firearm" has the meaning ascribed to it in Section 
7 1.1 of the Firearm Owners Identification Card Act.
8  "Qualifying predicate offense" means the following 
9 offenses under the Criminal Code of 2012:
10   (A) aggravated unlawful use of a weapon under 
11 Section 24-1.6 or similar offense under the Criminal 
12 Code of 1961, when the weapon is a firearm; 
13   (B) unlawful use or possession of a weapon by a 
14 felon under Section 24-1.1 or similar offense under 
15 the Criminal Code of 1961, when the weapon is a 
16 firearm;
17   (C) first degree murder under Section 9-1 or 
18 similar offense under the Criminal Code of 1961;
19   (D) attempted first degree murder with a firearm 
20 or similar offense under the Criminal Code of 1961;
21   (E) aggravated kidnapping with a firearm under 
22 paragraph (6) or (7) of subsection (a) of Section 10-2 
23 or similar offense under the Criminal Code of 1961;
24   (F) aggravated battery with a firearm under 
25 subsection (e) of Section 12-3.05 or similar offense 
26 under the Criminal Code of 1961;
 
 
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1   (G) aggravated criminal sexual assault under 
2 Section 11-1.30 or similar offense under the Criminal 
3 Code of 1961;
4   (H) predatory criminal sexual assault of a child 
5 under Section 11-1.40 or similar offense under the 
6 Criminal Code of 1961;
7   (I) armed robbery under Section 18-2 or similar 
8 offense under the Criminal Code of 1961;
9   (J) vehicular hijacking under Section 18-3 or 
10 similar offense under the Criminal Code of 1961;
11   (K) aggravated vehicular hijacking under Section 
12 18-4 or similar offense under the Criminal Code of 
13 1961;
14   (L) home invasion with a firearm under paragraph 
15 (3), (4), or (5) of subsection (a) of Section 19-6 or 
16 similar offense under the Criminal Code of 1961;
17   (M) aggravated discharge of a firearm under 
18 Section 24-1.2 or similar offense under the Criminal 
19 Code of 1961;
20   (N) aggravated discharge of a machine gun or a 
21 firearm equipped with a device designed or used for 
22 silencing the report of a firearm under Section 
23 24-1.2-5 or similar offense under the Criminal Code of 
24 1961;
25   (0) unlawful use of firearm projectiles under 
26 Section 24-2.1 or similar offense under the Criminal 
 
 
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1 Code of 1961;
2   (P) manufacture, sale, or transfer of bullets or 
3 shells represented to be armor piercing bullets, 
4 dragon's breath shotgun shells, bolo shells, or 
5 flechette shells under Section 24-2.2 or similar 
6 offense under the Criminal Code of 1961;
7   (Q) unlawful sale or delivery of firearms under 
8 Section 24-3 or similar offense under the Criminal 
9 Code of 1961;
10   (R) unlawful discharge of firearm projectiles 
11 under Section 24-3.2 or similar offense under the 
12 Criminal Code of 1961;
13   (S) unlawful sale or delivery of firearms on 
14 school premises of any school under Section 24-3.3 or 
15 similar offense under the Criminal Code of 1961;
16   (T) unlawful purchase of a firearm under Section 
17 24-3.5 or similar offense under the Criminal Code of 
18 1961;
19   (U) use of a stolen firearm in the commission of an 
20 offense under Section 24-3.7 or similar offense under 
21 the Criminal Code of 1961;
22   (V) possession of a stolen firearm under Section 
23 24-3.8 or similar offense under the Criminal Code of 
24 1961;
25   (W) aggravated possession of a stolen firearm 
26 under Section 24-3.9 or similar offense under the 
 
 
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1 Criminal Code of 1961;
2   (X) gunrunning under Section 24-3A or similar 
3 offense under the Criminal Code of 1961;
4   (Y) defacing identification marks of firearms 
5 under Section 24-5 or similar offense under the 
6 Criminal Code of 1961; and
7   (Z) armed violence under Section 33A-2 or similar 
8 offense under the Criminal Code of 1961. 
9 (b) APPLICABILITY. For an offense committed on or after 
10January 1, 2018 (the effective date of Public Act 100-3) and 
11before January 1, 2025 2024, when a person is convicted of 
12unlawful use or possession of a weapon by a felon, when the 
13weapon is a firearm, or aggravated unlawful use of a weapon, 
14when the weapon is a firearm, after being previously convicted 
15of a qualifying predicate offense the person shall be subject 
16to the sentencing guidelines under this Section.
17 (c) SENTENCING GUIDELINES.
18  (1) When a person is convicted of unlawful use or 
19 possession of a weapon by a felon, when the weapon is a 
20 firearm, and that person has been previously convicted of 
21 a qualifying predicate offense, the person shall be 
22 sentenced to a term of imprisonment within the sentencing 
23 range of not less than 7 years and not more than 14 years, 
24 unless the court finds that a departure from the 
25 sentencing guidelines under this paragraph is warranted 
26 under subsection (d) of this Section.
 
 
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1  (2) When a person is convicted of aggravated unlawful 
2 use of a weapon, when the weapon is a firearm, and that 
3 person has been previously convicted of a qualifying 
4 predicate offense, the person shall be sentenced to a term 
5 of imprisonment within the sentencing range of not less 
6 than 6 years and not more than 7 years, unless the court 
7 finds that a departure from the sentencing guidelines 
8 under this paragraph is warranted under subsection (d) of 
9 this Section. 
10  (3) The sentencing guidelines in paragraphs (1) and 
11 (2) of this subsection (c) apply only to offenses 
12 committed on and after January 1, 2018 (the effective date 
13 of Public Act 100-3) and before January 1, 2025 2024. 
14 (d) DEPARTURE FROM SENTENCING GUIDELINES.
15  (1) At the sentencing hearing conducted under Section 
16 5-4-1 of this Code, the court may depart from the 
17 sentencing guidelines provided in subsection (c) of this 
18 Section and impose a sentence otherwise authorized by law 
19 for the offense if the court, after considering any factor 
20 under paragraph (2) of this subsection (d) relevant to the 
21 nature and circumstances of the crime and to the history 
22 and character of the defendant, finds on the record 
23 substantial and compelling justification that the sentence 
24 within the sentencing guidelines would be unduly harsh and 
25 that a sentence otherwise authorized by law would be 
26 consistent with public safety and does not deprecate the 
 
 
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1 seriousness of the offense.
2  (2) In deciding whether to depart from the sentencing 
3 guidelines under this paragraph, the court shall consider:
4   (A) the age, immaturity, or limited mental 
5 capacity of the defendant at the time of commission of 
6 the qualifying predicate or current offense, including 
7 whether the defendant was suffering from a mental or 
8 physical condition insufficient to constitute a 
9 defense but significantly reduced the defendant's 
10 culpability;
11   (B) the nature and circumstances of the qualifying 
12 predicate offense;
13   (C) the time elapsed since the qualifying 
14 predicate offense;
15   (D) the nature and circumstances of the current 
16 offense;
17   (E) the defendant's prior criminal history;
18   (F) whether the defendant committed the qualifying 
19 predicate or current offense under specific and 
20 credible duress, coercion, threat, or compulsion;
21   (G) whether the defendant aided in the 
22 apprehension of another felon or testified truthfully 
23 on behalf of another prosecution of a felony; and
24   (H) whether departure is in the interest of the 
25 person's rehabilitation, including employment or 
26 educational or vocational training, after taking into 
 
 
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1 account any past rehabilitation efforts or 
2 dispositions of probation or supervision, and the 
3 defendant's cooperation or response to rehabilitation.
4  (3) When departing from the sentencing guidelines 
5 under this Section, the court shall specify on the record, 
6 the particular evidence, information, factor or factors, 
7 or other reasons which led to the departure from the 
8 sentencing guidelines. When departing from the sentencing 
9 range in accordance with this subsection (d), the court 
10 shall indicate on the sentencing order which departure 
11 factor or factors outlined in paragraph (2) of this 
12 subsection (d) led to the sentence imposed. The sentencing 
13 order shall be filed with the clerk of the court and shall 
14 be a public record.
15 (e) This Section is repealed on January 1, 2025 2024. 
16(Source: P.A. 102-1109, eff. 12-21-22.)

17 Section 55. The Crime Victims Compensation Act is amended 
18by changing Sections 2 and 10.1 as follows:

19 (740 ILCS 45/2)
20 Sec. 2. Definitions. As used in this Act, unless the 
21context otherwise requires:
22 (a) "Applicant" means any of the following claiming 
23compensation under this Act: a victim, a person who was a 
24dependent of a deceased victim of a crime of violence for the 
 
 
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1person's support at the time of the death of that victim, a 
2person who legally assumes the obligation or who voluntarily 
3pays the medical or the funeral or burial expenses incurred as 
4a direct result of the crime, and any other person who applies 
5for compensation under this Act or any person the Court of 
6Claims or the Attorney General finds is entitled to 
7compensation, including the guardian of a minor or of a person 
8under legal disability. It includes any person who was a 
9dependent of a deceased victim of a crime of violence for his 
10or her support at the time of the death of that victim.
11 The changes made to this subsection by Public Act 101-652 
12apply to actions commenced or pending on or after January 1, 
132022.
14 (b) "Court of Claims" means the Court of Claims created by 
15the Court of Claims Act.
16 (c) "Crime of violence" means and includes any offense 
17defined in Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, 
1810-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 
1911-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-23, 11-23.5, 
2012-1, 12-2, 12-3, 12-3.1, 12-3.2, 12-3.3, 12-3.4, 12-4, 
2112-4.1, 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13, 
2212-14, 12-14.1, 12-15, 12-16, 12-20.5, 12-30, 20-1 or 20-1.1, 
23or Section 12-3.05 except for subdivision (a)(4) or (g)(1), or 
24subdivision (a)(4) of Section 11-14.4, of the Criminal Code of 
251961 or the Criminal Code of 2012, Sections 1(a) and 1(a-5) of 
26the Cemetery Protection Act, Section 125 of the Stalking No 
 
 
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1Contact Order Act, Section 219 of the Civil No Contact Order 
2Act, driving under the influence as defined in Section 11-501 
3of the Illinois Vehicle Code, a violation of Section 11-401 of 
4the Illinois Vehicle Code, provided the victim was a 
5pedestrian or was operating a vehicle moved solely by human 
6power or a mobility device at the time of contact, and a 
7violation of Section 11-204.1 of the Illinois Vehicle Code; so 
8long as the offense did not occur during a civil riot, 
9insurrection or rebellion. "Crime of violence" does not 
10include any other offense or crash involving a motor vehicle 
11except those vehicle offenses specifically provided for in 
12this paragraph. "Crime of violence" does include all of the 
13offenses specifically provided for in this paragraph that 
14occur within this State but are subject to federal 
15jurisdiction and crimes involving terrorism as defined in 18 
16U.S.C. 2331.
17 (d) "Victim" means (1) a person killed or injured in this 
18State as a result of a crime of violence perpetrated or 
19attempted against him or her, (2) the spouse, parent, or child 
20of a person killed or injured in this State as a result of a 
21crime of violence perpetrated or attempted against the person, 
22or anyone living in the household of a person killed or injured 
23in a relationship that is substantially similar to that of a 
24parent, spouse, or child, (3) a person killed or injured in 
25this State while attempting to assist a person against whom a 
26crime of violence is being perpetrated or attempted, if that 
 
 
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1attempt of assistance would be expected of a reasonable person 
2under the circumstances, (4) a person killed or injured in 
3this State while assisting a law enforcement official 
4apprehend a person who has perpetrated a crime of violence or 
5prevent the perpetration of any such crime if that assistance 
6was in response to the express request of the law enforcement 
7official, (5) a person who personally witnessed a violent 
8crime, (5.05) a person who will be called as a witness by the 
9prosecution to establish a necessary nexus between the 
10offender and the violent crime, (5.1) solely for the purpose 
11of compensating for pecuniary loss incurred for psychological 
12treatment of a mental or emotional condition caused or 
13aggravated by the crime, any other person under the age of 18 
14who is the brother, sister, half brother, or half sister of a 
15person killed or injured in this State as a result of a crime 
16of violence, (6) an Illinois resident who is a victim of a 
17"crime of violence" as defined in this Act except, if the crime 
18occurred outside this State, the resident has the same rights 
19under this Act as if the crime had occurred in this State upon 
20a showing that the state, territory, country, or political 
21subdivision of a country in which the crime occurred does not 
22have a compensation of victims of crimes law for which that 
23Illinois resident is eligible, (7) the parent, spouse, or 
24child of a deceased person whose body is dismembered or whose 
25remains are desecrated as the result of a crime of violence, or 
26(8) (blank) solely for the purpose of compensating for 
 
 
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1pecuniary loss incurred for psychological treatment of a 
2mental or emotional condition caused or aggravated by the 
3crime, any parent, spouse, or child under the age of 18 of a 
4deceased person whose body is dismembered or whose remains are 
5desecrated as the result of a crime of violence.
6 (e) "Dependent" means a relative of a deceased victim who 
7was wholly or partially dependent upon the victim's income at 
8the time of his or her death and shall include the child of a 
9victim born after his or her death.
10 (f) "Relative" means a spouse, parent, grandparent, 
11stepfather, stepmother, child, grandchild, brother, 
12brother-in-law, sister, sister-in-law, half brother, half 
13sister, spouse's parent, nephew, niece, uncle, aunt, or anyone 
14living in the household of a person killed or injured in a 
15relationship that is substantially similar to that of a 
16parent, spouse, or child.
17 (g) "Child" means a son or daughter and includes a 
18stepchild, an adopted child or a child born out of wedlock.
19 (h) "Pecuniary loss" means: ,
20  (1) in the case of injury, appropriate medical 
21 expenses and hospital expenses including expenses of 
22 medical examinations, rehabilitation, medically required 
23 nursing care expenses, appropriate psychiatric care or 
24 psychiatric counseling expenses, appropriate expenses for 
25 care or counseling by a licensed clinical psychologist, 
26 licensed clinical social worker, licensed professional 
 
 
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1 counselor, or licensed clinical professional counselor and 
2 expenses for treatment by Christian Science practitioners 
3 and nursing care appropriate thereto;
4  (2) transportation expenses to and from medical and 
5 counseling treatment facilities;
6  (3) prosthetic appliances, eyeglasses, and hearing 
7 aids necessary or damaged as a result of the crime;
8  (4) expenses incurred for the towing and storage of a 
9 victim's vehicle in connection with a crime of violence, 
10 to a maximum of $1,000;
11  (5) costs associated with trafficking tattoo removal 
12 by a person authorized or licensed to perform the specific 
13 removal procedure;
14  (6) replacement costs for clothing and bedding used as 
15 evidence;
16  (7) costs associated with temporary lodging or 
17 relocation necessary as a result of the crime, including, 
18 but not limited to, the first 2 months' month's rent and 
19 security deposit of the dwelling that the claimant 
20 relocated to and other reasonable relocation expenses 
21 incurred as a result of the violent crime;
22  (8) locks or windows necessary or damaged as a result 
23 of the crime;
24  (9) the purchase, lease, or rental of equipment 
25 necessary to create usability of and accessibility to the 
26 victim's real and personal property, or the real and 
 
 
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1 personal property which is used by the victim, necessary 
2 as a result of the crime; "real and personal property" 
3 includes, but is not limited to, vehicles, houses, 
4 apartments, townhouses, or condominiums; 
5  (10) the costs of appropriate crime scene clean-up;
6  (11) replacement services loss, to a maximum of $1,250 
7 per month, with this amount to be divided in proportion to 
8 the amount of the actual loss among those entitled to 
9 compensation;
10  (12) dependents replacement services loss, to a 
11 maximum of $1,250 per month, with this amount to be 
12 divided in proportion to the amount of the actual loss 
13 among those entitled to compensation;
14  (13) loss of tuition paid to attend grammar school or 
15 high school when the victim had been enrolled as a student 
16 prior to the injury, or college or graduate school when 
17 the victim had been enrolled as a day or night student 
18 prior to the injury when the victim becomes unable to 
19 continue attendance at school as a result of the crime of 
20 violence perpetrated against him or her;
21  (14) loss of earnings, loss of future earnings because 
22 of disability resulting from the injury. Loss of future 
23 earnings shall be reduced by any income from substitute 
24 work actually performed by the victim or by income the 
25 victim would have earned in available appropriate 
26 substitute work the victim was capable of performing but 
 
 
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1 unreasonably failed to undertake; loss of earnings and 
2 loss of future earnings shall be determined on the basis 
3 of the victim's average net monthly earnings for the 6 
4 months immediately preceding the date of the injury or on 
5 $2,400 per month, whichever is less, or, in cases where 
6 the absences commenced more than 3 years from the date of 
7 the crime, on the basis of the net monthly earnings for the 
8 6 months immediately preceding the date of the first 
9 absence, not to exceed $2,400 per month; , 
10  (15) loss of support of the dependents of the victim. 
11 Loss of support shall be determined on the basis of the 
12 victim's average net monthly earnings for the 6 months 
13 immediately preceding the date of the injury or on $2,400 
14 per month, whichever is less, or, in cases where the 
15 absences commenced more than 3 years from the date of the 
16 crime, on the basis of the net monthly earnings for the 6 
17 months immediately preceding the date of the first 
18 absence, not to exceed $2,400 per month. If a divorced or 
19 legally separated applicant is claiming loss of support 
20 for a minor child of the deceased, the amount of support 
21 for each child shall be based either on the amount of 
22 support pursuant to the judgment prior to the date of the 
23 deceased victim's injury or death, or, if the subject of 
24 pending litigation filed by or on behalf of the divorced 
25 or legally separated applicant prior to the injury or 
26 death, on the result of that litigation. Loss of support 
 
 
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1 for minors shall be divided in proportion to the amount of 
2 the actual loss among those entitled to such compensation; 
3  (16) and, in addition, in the case of death, expenses 
4 for reasonable funeral, burial, and travel and transport 
5 for survivors of homicide victims to secure bodies of 
6 deceased victims and to transport bodies for burial all of 
7 which may be awarded up to a maximum of $10,000 for each 
8 victim. Other individuals that have paid or become 
9 obligated to pay funeral or burial expenses for the 
10 deceased shall share a maximum award of $10,000, with the 
11 award divided in proportion to the amount of the actual 
12 loss among those entitled to compensation; and and loss of 
13 support of the dependents of the victim;
14  (17) in the case of dismemberment or desecration of a 
15 body, expenses for reasonable funeral and burial, all of 
16 which may be awarded up to a maximum of $10,000 for each 
17 victim. Other individuals that have paid or become 
18 obligated to pay funeral or burial expenses for the 
19 deceased shall share a maximum award of $10,000, with the 
20 award divided in proportion to the amount of the actual 
21 loss among those entitled to compensation. Loss of future 
22 earnings shall be reduced by any income from substitute 
23 work actually performed by the victim or by income he or 
24 she would have earned in available appropriate substitute 
25 work he or she was capable of performing but unreasonably 
26 failed to undertake. Loss of earnings, loss of future 
 
 
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1 earnings and loss of support shall be determined on the 
2 basis of the victim's average net monthly earnings for the 
3 6 months immediately preceding the date of the injury or 
4 on $2,400 per month, whichever is less or, in cases where 
5 the absences commenced more than 3 years from the date of 
6 the crime, on the basis of the net monthly earnings for the 
7 6 months immediately preceding the date of the first 
8 absence, not to exceed $2,400 per month. If a divorced or 
9 legally separated applicant is claiming loss of support 
10 for a minor child of the deceased, the amount of support 
11 for each child shall be based either on the amount of 
12 support pursuant to the judgment prior to the date of the 
13 deceased victim's injury or death, or, if the subject of 
14 pending litigation filed by or on behalf of the divorced 
15 or legally separated applicant prior to the injury or 
16 death, on the result of that litigation. Real and personal 
17 property includes, but is not limited to, vehicles, 
18 houses, apartments, town houses, or condominiums.
19 "Pecuniary loss" does not include pain and suffering or 
20property loss or damage.
21 The changes made to this subsection by Public Act 101-652 
22apply to actions commenced or pending on or after January 1, 
232022. 
24 (i) "Replacement services loss" means expenses reasonably 
25incurred in obtaining ordinary and necessary services in lieu 
26of those the injured person would have performed, not for 
 
 
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1income, but for the benefit of himself or herself or his or her 
2family, if he or she had not been injured.
3 (j) "Dependents replacement services loss" means loss 
4reasonably incurred by dependents or private legal guardians 
5of minor dependents after a victim's death in obtaining 
6ordinary and necessary services in lieu of those the victim 
7would have performed, not for income, but for their benefit, 
8if he or she had not been fatally injured.
9 (k) "Survivor" means immediate family including a parent, 
10stepfather, stepmother, child, brother, sister, or spouse.
11 (l) "Parent" means a natural parent, adopted parent, 
12stepparent, or permanent legal guardian of another person.
13 (m) "Trafficking tattoo" is a tattoo which is applied to a 
14victim in connection with the commission of a violation of 
15Section 10-9 of the Criminal Code of 2012.
16(Source: P.A. 102-27, eff. 6-25-21; 102-905, eff. 1-1-23; 
17102-982, eff. 7-1-23; 103-154, eff. 6-30-23.)

18 (740 ILCS 45/10.1) (from Ch. 70, par. 80.1)
19 Sec. 10.1. Award Amount of compensation. The awarding of 
20compensation and the amount of compensation to which an 
21applicant and other persons are entitled shall be based on the 
22following factors:
23  (a) Each A victim may be compensated for his or her 
24 pecuniary loss up the maximum amount allowable.
25  (b) Each A dependent may be compensated for loss of 
 
 
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1 support, as provided in paragraph (15) of subsection (h) 
2 of Section 2.
3  (c) Any person, even though not dependent upon the 
4 victim for his or her support, may be compensated for 
5 reasonable expenses of the victim to the extent to which 
6 he or she has paid or become obligated to pay such expenses 
7 and only after compensation for reasonable funeral, 
8 medical and hospital expenses of the victim have been 
9 awarded may compensation be made for reasonable expenses 
10 of the victim incurred for psychological treatment of a 
11 mental or emotional condition caused or aggravated by the 
12 crime. Persons that have paid or become obligated to pay 
13 expenses for a victim shall share the maximum award with 
14 the amount divided in proportion to the amount of the 
15 actual loss among those entitled to compensation. 
16  (d) An award shall be reduced or denied according to 
17 the extent to which the victim's injury or death was 
18 caused by provocation or incitement by the victim or the 
19 victim assisting, attempting, or committing a criminal 
20 act. A denial or reduction shall not automatically bar the 
21 survivors of homicide victims from receiving compensation 
22 for counseling, crime scene cleanup, relocation, funeral 
23 or burial costs, and loss of support if the survivor's 
24 actions have not initiated, provoked, or aggravated the 
25 suspect into initiating the qualifying crime.
26  (e) An award shall be reduced by the amount of 
 
 
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1 benefits, payments or awards payable under those sources 
2 which are required to be listed under item (7) of Section 
3 7.1(a) and any other sources except annuities, pension 
4 plans, Federal Social Security payments payable to 
5 dependents of the victim and the net proceeds of the first 
6 $25,000 of life insurance that would inure to the benefit 
7 of the applicant, which the applicant or any other person 
8 dependent for the support of a deceased victim, as the 
9 case may be, has received or to which he or she is entitled 
10 as a result of injury to or death of the victim.
11  (f) A final award shall not exceed $10,000 for a crime 
12 committed prior to September 22, 1979, $15,000 for a crime 
13 committed on or after September 22, 1979 and prior to 
14 January 1, 1986, $25,000 for a crime committed on or after 
15 January 1, 1986 and prior to August 7, 1998, $27,000 for a 
16 crime committed on or after August 7, 1998 and prior to 
17 August 7, 2022, or $45,000 per victim for a crime 
18 committed on or after August 7, 2022. For any applicant 
19 who is not a victim, if If the total pecuniary loss is 
20 greater than the maximum amount allowed, the award shall 
21 be divided in proportion to the amount of actual loss 
22 among those entitled to compensation who are not victims.
23  (g) Compensation under this Act is a secondary source 
24 of compensation and the applicant must show that he or she 
25 has exhausted the benefits reasonably available under the 
26 Criminal Victims' Escrow Account Act or any governmental 
 
 
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1 or medical or health insurance programs, including, but 
2 not limited to, Workers' Compensation, the Federal 
3 Medicare program, the State Public Aid program, Social 
4 Security Administration burial benefits, and Veterans 
5 Administration burial benefits, and life, health, 
6 accident, full vehicle coverage (including towing 
7 insurance, if available), or liability insurance.
8(Source: P.A. 102-27, eff. 1-1-22; 102-905, eff. 1-1-23.)

9 Section 95. No acceleration or delay. Where this Act makes 
10changes in a statute that is represented in this Act by text 
11that is not yet or no longer in effect (for example, a Section 
12represented by multiple versions), the use of that text does 
13not accelerate or delay the taking effect of (i) the changes 
14made by this Act or (ii) provisions derived from any other 
15Public Act.