Illinois 2023-2024 Regular Session

Illinois House Bill HB3641 Compare Versions

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1-Public Act 103-0564
21 HB3641 EnrolledLRB103 30390 HLH 56820 b HB3641 Enrolled LRB103 30390 HLH 56820 b
32 HB3641 Enrolled LRB103 30390 HLH 56820 b
4-AN ACT concerning State government.
5-Be it enacted by the People of the State of Illinois,
6-represented in the General Assembly:
7-Section 5. The State Employees Group Insurance Act of 1971
8-is amended by changing Section 6.11C as follows:
9-(5 ILCS 375/6.11C)
10-(This Section may contain text from a Public Act with a
11-delayed effective date)
12-Sec. 6.11C. Coverage for injectable medicines to improve
13-glucose or weight loss. Beginning on July 1, 2024, January 1,
14-2024, the State Employees Group Insurance Program shall
15-provide coverage for all types of medically necessary, as
16-determined by a physician licensed to practice medicine in all
17-its branches, injectable medicines prescribed on-label or
18-off-label to improve glucose or weight loss for use by adults
19-diagnosed or previously diagnosed with prediabetes,
20-gestational diabetes, or obesity. To continue to qualify for
21-coverage under this Section, the continued treatment must be
22-medically necessary, and covered members must, if given
23-advance, written notice, participate in a lifestyle management
24-plan administered by their health plan. This Section does not
25-apply to individuals covered by a Medicare Advantage
26-Prescription Drug Plan.
3+1 AN ACT concerning State government.
4+2 Be it enacted by the People of the State of Illinois,
5+3 represented in the General Assembly:
6+4 Section 5. The State Employees Group Insurance Act of 1971
7+5 is amended by changing Section 6.11C as follows:
8+6 (5 ILCS 375/6.11C)
9+7 (This Section may contain text from a Public Act with a
10+8 delayed effective date)
11+9 Sec. 6.11C. Coverage for injectable medicines to improve
12+10 glucose or weight loss. Beginning on July 1, 2024, January 1,
13+11 2024, the State Employees Group Insurance Program shall
14+12 provide coverage for all types of medically necessary, as
15+13 determined by a physician licensed to practice medicine in all
16+14 its branches, injectable medicines prescribed on-label or
17+15 off-label to improve glucose or weight loss for use by adults
18+16 diagnosed or previously diagnosed with prediabetes,
19+17 gestational diabetes, or obesity. To continue to qualify for
20+18 coverage under this Section, the continued treatment must be
21+19 medically necessary, and covered members must, if given
22+20 advance, written notice, participate in a lifestyle management
23+21 plan administered by their health plan. This Section does not
24+22 apply to individuals covered by a Medicare Advantage
25+23 Prescription Drug Plan.
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3029 HB3641 Enrolled LRB103 30390 HLH 56820 b
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33-(Source: P.A. 103-8, eff. 1-1-24.)
34-Section 10. The Children and Family Services Act is
35-amended by changing Section 5.46 as follows:
36-(20 ILCS 505/5.46)
37-Sec. 5.46. Application for Social Security benefits,
38-Supplemental Security Income, Veterans benefits, and Railroad
39-Retirement benefits.
40-(a) Definitions. As used in this Section:
41-"Achieving a Better Life Experience Account" or "ABLE
42-account" means an account established for the purpose of
43-financing certain qualified expenses of eligible individuals
44-as specifically provided for in Section 529A of the Internal
45-Revenue Code and Section 16.6 of the State Treasurer Act.
46-"Benefits" means Social Security benefits, Supplemental
47-Security Income, Veterans benefits, and Railroad Retirement
48-benefits.
49-"DCFS Guardianship Administrator" means a Department
50-representative appointed as guardian of the person or legal
51-custodian of the minor youth in care.
52-"Youth's attorney and guardian ad litem" means the person
53-appointed as the youth's attorney or guardian ad litem in
54-accordance with the Juvenile Court Act of 1987 in the
55-proceeding in which the Department is appointed as the youth's
56-guardian or custodian.
57-
58-
59-(b) Application for benefits.
60-(1) Upon receiving temporary custody or guardianship
61-of a youth in care, the Department shall assess the youth
62-to determine whether the youth may be eligible for
63-benefits. If, after the assessment, the Department
64-determines that the youth may be eligible for benefits,
65-the Department shall ensure that an application is filed
66-on behalf of the youth. The Department shall prescribe by
67-rule how it will review cases of youth in care at regular
68-intervals to determine whether the youth may have become
69-eligible for benefits after the initial assessment. The
70-Department shall make reasonable efforts to encourage
71-youth in care over the age of 18 who are likely eligible
72-for benefits to cooperate with the application process and
73-to assist youth with the application process.
74-(2) When applying for benefits under this Section for
75-a youth in care the Department shall identify a
76-representative payee in accordance with the requirements
77-of 20 CFR 404.2021 and 416.621. If the Department is
78-seeking to be appointed as the youth's representative
79-payee, the Department must consider input, if provided,
80-from the youth's attorney and guardian ad litem regarding
81-whether another representative payee, consistent with the
82-requirements of 20 CFR 404.2021 and 416.621, is available.
83-If the Department serves as the representative payee for a
84-youth over the age of 18, the Department shall request a
85-
86-
87-court order, as described in subparagraph (C) of paragraph
88-(1) of subsection (d) and in subparagraph (C) of paragraph
89-(2) of subsection (d).
90-(c) Notifications. The Department shall immediately notify
91-a youth over the age of 16, the youth's attorney and guardian
92-ad litem, and the youth's parent or legal guardian or another
93-responsible adult of:
94-(1) any application for or any application to become
95-representative payee for benefits on behalf of a youth in
96-care;
97-(2) beginning January 1, 2025, any communications from
98-the Social Security Administration, the U.S. Department of
99-Veterans Affairs, or the Railroad Retirement Board
100-pertaining to the acceptance or denial of benefits or the
101-selection of a representative payee; and
102-(3) beginning January 1, 2025, any appeal or other
103-action requested by the Department regarding an
104-application for benefits.
105-(d) Use of benefits. Consistent with federal law, when the
106-Department serves as the representative payee for a youth
107-receiving benefits and receives benefits on the youth's
108-behalf, the Department shall:
109-(1) Beginning January 1, 2024 2023, ensure that when
110-the youth attains the age of 14 years and until the
111-Department no longer serves as the representative payee, a
112-minimum percentage of the youth's Supplemental Security
113-
114-
115-Income benefits are conserved in accordance with paragraph
116-(4) as follows:
117-(A) From the age of 14 through age 15, at least
118-40%.
119-(B) From the age of 16 through age 17, at least
120-80%.
121-(C) From the age of 18 and older through 20, 100%,
122-when a court order has been entered expressly
123-authorizing allowing the DCFS Guardianship
124-Administrator to serve as the designated
125-representative to establish an ABLE account on behalf
126-of a youth Department to have the authority to
127-establish and serve as an authorized agent of the
128-youth over the age of 18 with respect to an account
129-established in accordance with paragraph (4).
130-(2) Beginning January 1, 2024, ensure that when the
131-youth attains the age of 14 years and until the Department
132-no longer serves as the representative payee a minimum
133-percentage of the youth's Social Security benefits,
134-Veterans benefits, or Railroad Retirement benefits are
135-conserved in accordance with paragraph (3) or (4), as
136-applicable, as follows:
137-(A) From the age of 14 through age 15, at least
138-40%.
139-(B) From the age of 16 through age 17, at least
140-80%.
141-
142-
143-(C) From the age of 18 through 20, 100%. If
144-establishment of an ABLE account is necessary to
145-conserve benefits for youth age 18 and older, then
146-benefits shall be conserved in accordance with
147-paragraph (4) when a court order has been entered
148-expressly authorizing the DCFS Guardianship
149-Administrator to serve as the designated
150-representative to establish an ABLE account on behalf
151-of a youth , when a court order has been entered
152-expressly allowing the Department to have the
153-authority to establish and serve as an authorized
154-agent of the youth over the age of 18 with respect to
155-an account established in accordance with paragraph
156-(4).
157-(3) Exercise discretion in accordance with federal law
158-and in the best interests of the youth when making
159-decisions to use or conserve the youth's benefits that are
160-less than or not subject to asset or resource limits under
161-federal law, including using the benefits to address the
162-youth's special needs and conserving the benefits for the
163-youth's reasonably foreseeable future needs.
164-(4) Appropriately monitor any federal asset or
165-resource limits for the Supplemental Security Income
166-benefits and ensure that the youth's best interest is
167-served by using or conserving the benefits in a way that
168-avoids violating any federal asset or resource limits that
169-
170-
171-would affect the youth's eligibility to receive the
172-benefits, including, but not limited to:
173-(A) applying to the Social Security Administration
174-to establish a Plan to Achieve Self-Support (PASS)
175-Account for the youth under the Social Security Act
176-and determining whether it is in the best interest of
177-the youth to conserve all or parts of the benefits in
178-the PASS account;
179-(B) establishing a 529 plan for the youth and
180-conserving the youth's benefits in that account in a
181-manner that appropriately avoids any federal asset or
182-resource limits;
183-(C) establishing an Individual Development Account
184-for the youth and conserving the youth's benefits in
185-that account in a manner that appropriately avoids any
186-federal asset or resource limits;
187-(A) (D) establishing an ABLE account authorized by
188-Section 529A of the Internal Revenue Code of 1986, for
189-the youth and conserving the youth's benefits in that
190-account in a manner that appropriately avoids any
191-federal asset or resource limits;
192-(E) establishing a Social Security Plan to Achieve
193-Self-Support account for the youth and conserving the
194-youth's benefits in a manner that appropriately avoids
195-any federal asset or resource limits;
196-(F) establishing a special needs trust for the
197-
198-
199-youth and conserving the youth's benefits in the trust
200-in a manner that is consistent with federal
201-requirements for special needs trusts and that
202-appropriately avoids any federal asset or resource
203-limits;
204-(B) (G) if the Department determines that using
205-the benefits for services for current special needs
206-not already provided by the Department is in the best
207-interest of the youth, using the benefits for those
208-services;
209-(C) (H) if federal law requires certain back
210-payments of benefits to be placed in a dedicated
211-account, complying with the requirements for dedicated
212-accounts under 20 CFR 416.640(e); and
213-(D) (I) applying any other exclusions from federal
214-asset or resource limits available under federal law
215-and using or conserving the youth's benefits in a
216-manner that appropriately avoids any federal asset or
217-resource limits.
218-(e) By July 1, 2024, the Department shall provide a report
219-to the General Assembly regarding youth in care who receive
220-benefits who are not subject to this Act. The report shall
221-discuss a goal of expanding conservation of children's
222-benefits to all benefits of all children of any age for whom
223-the Department serves as representative payee. The report
224-shall include a description of any identified obstacles, steps
225-
226-
227-to be taken to address the obstacles, and a description of any
228-need for statutory, rule, or procedural changes.
229-(f) (1) Accounting.
230-(A) Beginning on the effective date of this amendatory
231-Act of the 103rd General Assembly through December 31,
232-2024, upon request of the youth's attorney or guardian ad
233-litem, the The Department shall provide an annual
234-accounting to the youth's attorney and guardian ad litem
235-of how the youth's benefits have been used and conserved.
236-(B) Beginning January 1, 2025 and every year
237-thereafter, an annual accounting of how the youth's
238-benefits have been used and conserved shall be provided
239-automatically to the youth's attorney and guardian ad
240-litem.
241-(C) In addition, within 10 business days of a request
242-from a youth or the youth's attorney and guardian ad
243-litem, the Department shall provide an accounting to the
244-youth of how the youth's benefits have been used and
245-conserved.
246-(2) The accounting shall include:
247-(A) (1) The amount of benefits received on the
248-youth's behalf since the most recent accounting and
249-the date the benefits were received.
250-(B) (2) Information regarding the youth's benefits
251-and resources, including the youth's benefits,
252-insurance, cash assets, trust accounts, earnings, and
253-
254-
255-other resources.
256-(C) (3) An accounting of the disbursement of
257-benefit funds, including the date, amount,
258-identification of payee, and purpose.
259-(D) (4) Information regarding each request by the
260-youth, the youth's attorney and guardian ad litem, or
261-the youth's caregiver for disbursement of funds and a
262-statement regarding the reason for not granting the
263-request if the request was denied.
264-When the Department's guardianship of the youth is being
265-terminated, prior to or upon the termination of guardianship,
266-the Department shall provide (i) a final accounting to the
267-Social Security Administration, to the youth's attorney and
268-guardian ad litem, and to either the person or persons who will
269-assume guardianship of the youth or who is in the process of
270-adopting the youth, if the youth is under 18, or to the youth,
271-if the youth is over 18 and (ii) information to the parent,
272-guardian, or youth regarding how to apply to become the
273-designated representative for the youth's ABLE account payee.
274-The Department shall adopt rules to ensure that the
275-representative payee transitions occur in a timely and
276-appropriate manner.
277-(g) Education Financial literacy. The Department shall
278-provide the youth who have funds conserved under paragraphs
279-(1) and (2) of subsection (d) with education with financial
280-literacy training and support, including specific information
281-
282-
283-regarding the existence, availability, and use of funds
284-conserved for the youth in accordance with paragraphs (1) and
285-(2) of subsection (d) this subsection, beginning by age 14 in a
286-developmentally appropriate manner. The education literacy
287-program and support services shall be developed in
288-consultation with input from the Department's Statewide Youth
289-Advisory Board. Education and informational materials related
290-to ABLE accounts shall be developed in consultation with and
291-approved by the State Treasurer.
292-(h) Adoption of rules. The Department shall adopt rules to
293-implement the provisions of this Section by January 1, 2024
294-2023.
295-(i) Reporting. No later than February 28, 2023, the
296-Department shall file a report with the General Assembly
297-providing the following information for State Fiscal Years
298-2019, 2020, 2021, and 2022 and annually beginning February 28,
299-2023, for the preceding fiscal year:
300-(1) The number of youth entering care.
301-(2) The number of youth entering care receiving each
302-of the following types of benefits: Social Security
303-benefits, Supplemental Security Income, Veterans benefits,
304-Railroad Retirement benefits.
305-(3) The number of youth entering care for whom the
306-Department filed an application for each of the following
307-types of benefits: Social Security benefits, Supplemental
308-Security Income, Veterans benefits, Railroad Retirement
309-
310-
311-benefits.
312-(4) The number of youth entering care who were awarded
313-each of the following types of benefits based on an
314-application filed by the Department: Social Security
315-benefits, Supplemental Security Income, Veterans benefits,
316-Railroad Retirement benefits.
317-(j) Annually beginning December 31, 2023, the Department
318-shall file a report with the General Assembly with the
319-following information regarding the preceding fiscal year:
320-(1) the number of conserved accounts established and
321-maintained for youth in care;
322-(2) the average amount conserved by age group; and
323-(3) the total amount conserved by age group.
324-(Source: P.A. 102-1014, eff. 5-27-22; 103-154, eff. 6-30-23.)
325-Section 15. The Illinois State Police Law of the Civil
326-Administrative Code of Illinois is amended by changing Section
327-2605-10 as follows:
328-(20 ILCS 2605/2605-10) (was 20 ILCS 2605/55a in part)
329-(Text of Section before amendment by P.A. 103-34)
330-Sec. 2605-10. Powers and duties, generally.
331-(a) The Illinois State Police shall exercise the rights,
332-powers, and duties that have been vested in the Illinois State
333-Police by the following:
334-The Illinois State Police Act.
335-
336-
337-The Illinois State Police Radio Act.
338-The Criminal Identification Act.
339-The Illinois Vehicle Code.
340-The Firearm Owners Identification Card Act.
341-The Firearm Concealed Carry Act.
342-The Gun Dealer Licensing Act.
343-The Intergovernmental Missing Child Recovery Act of
344-1984.
345-The Intergovernmental Drug Laws Enforcement Act.
346-The Narcotic Control Division Abolition Act.
347-(b) The Illinois State Police shall have the powers and
348-duties set forth in the following Sections.
349-(Source: P.A. 102-538, eff. 8-20-21.)
350-(Text of Section after amendment by P.A. 103-34)
351-Sec. 2605-10. Powers and duties, generally.
352-(a) The Illinois State Police shall exercise the rights,
353-powers, and duties that have been vested in the Illinois State
354-Police by the following:
355-The Illinois State Police Act.
356-The Illinois State Police Radio Act.
357-The Criminal Identification Act.
358-The Illinois Vehicle Code.
359-The Firearm Owners Identification Card Act.
360-The Firearm Concealed Carry Act.
361-The Firearm Dealer License Certification Act.
362-
363-
364-The Intergovernmental Missing Child Recovery Act of
365-1984.
366-The Intergovernmental Drug Laws Enforcement Act.
367-The Narcotic Control Division Abolition Act.
368-The Illinois Uniform Conviction Information Act.
369-The Murderer and Violent Offender Against Youth
370-Registration Act.
371-(b) The Illinois State Police shall have the powers and
372-duties set forth in the following Sections.
373-(c) The Illinois State Police shall exercise the rights,
374-powers, and duties vested in the Illinois State Police to
375-implement the following protective service functions for State
376-facilities, State officials, and State employees serving in
377-their official capacity:
378-(1) Utilize subject matter expertise and law
379-enforcement authority to strengthen the protection of
380-State government facilities, State employees, State
381-officials, and State critical infrastructure.
382-(2) Coordinate State, federal, and local law
383-enforcement activities involving the protection of State
384-facilities, officials, and employees.
385-(3) Conduct investigations of criminal threats to
386-State facilities, State critical infrastructure, State
387-officials, and State employees.
388-(4) Train State officials and employees in personal
389-protection, crime prevention, facility occupant emergency
390-
391-
392-planning, and incident management.
393-(5) Establish standard protocols for prevention and
394-response to criminal threats to State facilities, State
395-officials, State employees, and State critical
396-infrastructure, and standard protocols for reporting of
397-suspicious activities.
398-(6) Establish minimum operational standards,
399-qualifications, training, and compliance requirements for
400-State employees and contractors engaged in the protection
401-of State facilities and employees.
402-(7) At the request of departments or agencies of State
403-government, conduct security assessments, including, but
404-not limited to, examination of alarm systems, cameras
405-systems, access points, personnel readiness, and emergency
406-protocols based on risk and need.
407-(8) Oversee the planning and implementation of
408-security and law enforcement activities necessary for the
409-protection of major, multi-jurisdictional events
410-implicating potential criminal threats to State officials,
411-State employees, or State-owned, State-leased, or
412-State-operated critical infrastructure or facilities.
413-(9) Oversee and direct the planning and implementation
414-of security and law enforcement activities by the
415-departments and agencies of the State necessary for the
416-protection of State employees, State officials, and
417-State-owned, State-leased, or State-operated critical
418-
419-
420-infrastructure or facilities from criminal activity.
421-(10) Advise the Governor and Homeland Security Advisor
422-on any matters necessary for the effective protection of
423-State facilities, critical infrastructure, officials, and
424-employees from criminal threats.
425-(11) Utilize intergovernmental agreements and
426-administrative rules as needed for the effective,
427-efficient implementation of law enforcement and support
428-activities necessary for the protection of State
429-facilities, State infrastructure, State employees, and,
430-upon the express written consent of State constitutional
431-officials, State constitutional officials, and State
432-employees.
433-(Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24;
434-revised 9-25-23.)
435-Section 20. The Alternative Protein Innovation Task Force
436-Act is amended by changing Sections 15 and 20 as follows:
437-(20 ILCS 4128/15)
438-Sec. 15. Membership; appointments; meeting.
439-(a) The Alternative Protein Innovation Task Force shall
440-consist of the following members:
441-(1) one member of the Senate, who shall be appointed
442-by the President of the Senate and shall serve as co-chair
443-of the Task Force;
444-
445-
446-(2) one member of the Senate, who shall be appointed
447-by the Minority Leader of the Senate;
448-(3) one member of the House of Representatives, who
449-shall be appointed by the Speaker of the House of
450-Representatives and shall serve as co-chair of the Task
451-Force;
452-(4) one member of the House of Representatives, who
453-shall be appointed by the Minority Leader of the House of
454-Representatives;
455-(5) the Director Secretary of Commerce and Economic
456-Opportunity or the Director's Secretary's designee;
457-(6) the Director of Agriculture or the Director's
458-designee;
459-(7) 5 members who are appointed by the Director of
460-Agriculture. Of the members appointed by the Director of
461-Agriculture, 3 members shall be commercial producers of
462-agricultural commodities, of which one member shall be
463-from the largest statewide agricultural association; and 2
464-members shall be representatives from the University of
465-Illinois College of Agricultural, Consumer and
466-Environmental Sciences engaged in nutritional research;
467-and
468-(8) 6 members who are appointed by the Governor. Of
469-the members appointed by the Governor, 2 members shall be
470-engaged in academic or scientific research on alternative
471-protein development at a State college or university; one
472-
473-
474-member shall be a representative of a nonprofit
475-organization dedicated to the development and
476-accessibility of alternative proteins; one member shall be
477-a representative of the State's agricultural biotechnology
478-industry; one member shall be the president of the
479-Illinois Biotechnology Industry Organization or the
480-organization's designee; and one member shall be a
481-representative from a multinational food processing and
482-manufacturing corporation headquartered in this State.
483-(b) Members of the Task Force shall not receive
484-compensation for their services to the Task Force.
485-(c) All appointments shall be made not later than 30 days
486-after the effective date of this Act.
487-(d) The co-chairs of the Task Force shall schedule no
488-fewer than 4 meetings of the Task Force, including not less
489-than one public hearing. The co-chairs shall convene the first
490-meeting of the Task Force within 60 days after the effective
491-date of this Act.
492-(e) The Department of Agriculture shall provide
493-administrative and other support to the Task Force.
494-(Source: P.A. 103-543, eff. 8-11-23; revised 10-19-23.)
495-(20 ILCS 4128/20)
496-Sec. 20. Report; dissolution of Task Force; repeal of Act.
497-(a)The Task Force shall submit a report of its findings
498-and recommendations to the General Assembly no later than June
499-
500-
501-30, 2024 December 31, 2023.
502-(b) The Task Force shall be dissolved on December 31,
503-2024.
504-(c) This Act is repealed on January 1, 2025.
505-(Source: P.A. 103-543, eff. 8-11-23.)
506-Section 25. The Illinois Procurement Code is amended by
507-changing Section 20-10 as follows:
508-(30 ILCS 500/20-10)
509-(Text of Section before amendment by P.A. 103-558)
510-(Text of Section from P.A. 96-159, 96-588, 97-96, 97-895,
511-98-1076, 99-906, 100-43, 101-31, 101-657, and 102-29)
512-Sec. 20-10. Competitive sealed bidding; reverse auction.
513-(a) Conditions for use. All contracts shall be awarded by
514-competitive sealed bidding except as otherwise provided in
515-Section 20-5.
516-(b) Invitation for bids. An invitation for bids shall be
517-issued and shall include a purchase description and the
518-material contractual terms and conditions applicable to the
519-procurement.
520-(c) Public notice. Public notice of the invitation for
521-bids shall be published in the Illinois Procurement Bulletin
522-at least 14 calendar days before the date set in the invitation
523-for the opening of bids.
524-(d) Bid opening. Bids shall be opened publicly or through
525-
526-
527-an electronic procurement system in the presence of one or
528-more witnesses at the time and place designated in the
529-invitation for bids. The name of each bidder, including earned
530-and applied bid credit from the Illinois Works Jobs Program
531-Act, the amount of each bid, and other relevant information as
532-may be specified by rule shall be recorded. After the award of
533-the contract, the winning bid and the record of each
534-unsuccessful bid shall be open to public inspection.
535-(e) Bid acceptance and bid evaluation. Bids shall be
536-unconditionally accepted without alteration or correction,
537-except as authorized in this Code. Bids shall be evaluated
538-based on the requirements set forth in the invitation for
539-bids, which may include criteria to determine acceptability
540-such as inspection, testing, quality, workmanship, delivery,
541-and suitability for a particular purpose. Those criteria that
542-will affect the bid price and be considered in evaluation for
543-award, such as discounts, transportation costs, and total or
544-life cycle costs, shall be objectively measurable. The
545-invitation for bids shall set forth the evaluation criteria to
546-be used.
547-(f) Correction or withdrawal of bids. Correction or
548-withdrawal of inadvertently erroneous bids before or after
549-award, or cancellation of awards of contracts based on bid
550-mistakes, shall be permitted in accordance with rules. After
551-bid opening, no changes in bid prices or other provisions of
552-bids prejudicial to the interest of the State or fair
553-
554-
555-competition shall be permitted. All decisions to permit the
556-correction or withdrawal of bids based on bid mistakes shall
557-be supported by written determination made by a State
558-purchasing officer.
559-(g) Award. The contract shall be awarded with reasonable
560-promptness by written notice to the lowest responsible and
561-responsive bidder whose bid meets the requirements and
562-criteria set forth in the invitation for bids, except when a
563-State purchasing officer determines it is not in the best
564-interest of the State and by written explanation determines
565-another bidder shall receive the award. The explanation shall
566-appear in the appropriate volume of the Illinois Procurement
567-Bulletin. The written explanation must include:
568-(1) a description of the agency's needs;
569-(2) a determination that the anticipated cost will be
570-fair and reasonable;
571-(3) a listing of all responsible and responsive
572-bidders; and
573-(4) the name of the bidder selected, the total
574-contract price, and the reasons for selecting that bidder.
575-Each chief procurement officer may adopt guidelines to
576-implement the requirements of this subsection (g).
577-The written explanation shall be filed with the
578-Legislative Audit Commission, and the Commission on Equity and
579-Inclusion, and the Procurement Policy Board, and be made
580-available for inspection by the public, within 14 calendar
581-
582-
583-days after the agency's decision to award the contract.
584-(h) Multi-step sealed bidding. When it is considered
585-impracticable to initially prepare a purchase description to
586-support an award based on price, an invitation for bids may be
587-issued requesting the submission of unpriced offers to be
588-followed by an invitation for bids limited to those bidders
589-whose offers have been qualified under the criteria set forth
590-in the first solicitation.
591-(i) Alternative procedures. Notwithstanding any other
592-provision of this Act to the contrary, the Director of the
593-Illinois Power Agency may create alternative bidding
594-procedures to be used in procuring professional services under
595-Section 1-56, subsections (a) and (c) of Section 1-75 and
596-subsection (d) of Section 1-78 of the Illinois Power Agency
597-Act and Section 16-111.5(c) of the Public Utilities Act and to
598-procure renewable energy resources under Section 1-56 of the
599-Illinois Power Agency Act. These alternative procedures shall
600-be set forth together with the other criteria contained in the
601-invitation for bids, and shall appear in the appropriate
602-volume of the Illinois Procurement Bulletin.
603-(j) Reverse auction. Notwithstanding any other provision
604-of this Section and in accordance with rules adopted by the
605-chief procurement officer, that chief procurement officer may
606-procure supplies or services through a competitive electronic
607-auction bidding process after the chief procurement officer
608-determines that the use of such a process will be in the best
609-
610-
611-interest of the State. The chief procurement officer shall
612-publish that determination in his or her next volume of the
613-Illinois Procurement Bulletin.
614-An invitation for bids shall be issued and shall include
615-(i) a procurement description, (ii) all contractual terms,
616-whenever practical, and (iii) conditions applicable to the
617-procurement, including a notice that bids will be received in
618-an electronic auction manner.
619-Public notice of the invitation for bids shall be given in
620-the same manner as provided in subsection (c).
621-Bids shall be accepted electronically at the time and in
622-the manner designated in the invitation for bids. During the
623-auction, a bidder's price shall be disclosed to other bidders.
624-Bidders shall have the opportunity to reduce their bid prices
625-during the auction. At the conclusion of the auction, the
626-record of the bid prices received and the name of each bidder
627-shall be open to public inspection.
628-After the auction period has terminated, withdrawal of
629-bids shall be permitted as provided in subsection (f).
630-The contract shall be awarded within 60 calendar days
631-after the auction by written notice to the lowest responsible
632-bidder, or all bids shall be rejected except as otherwise
633-provided in this Code. Extensions of the date for the award may
634-be made by mutual written consent of the State purchasing
635-officer and the lowest responsible bidder.
636-This subsection does not apply to (i) procurements of
637-
638-
639-professional and artistic services, (ii) telecommunications
640-services, communication services, and information services,
641-and (iii) contracts for construction projects, including
642-design professional services.
643-(Source: P.A. 101-31, eff. 6-28-19; 101-657, eff. 1-1-22;
644-102-29, eff. 6-25-21.)
645-(Text of Section from P.A. 96-159, 96-795, 97-96, 97-895,
646-98-1076, 99-906, 100-43, 101-31, 101-657, and 102-29)
647-Sec. 20-10. Competitive sealed bidding; reverse auction.
648-(a) Conditions for use. All contracts shall be awarded by
649-competitive sealed bidding except as otherwise provided in
650-Section 20-5.
651-(b) Invitation for bids. An invitation for bids shall be
652-issued and shall include a purchase description and the
653-material contractual terms and conditions applicable to the
654-procurement.
655-(c) Public notice. Public notice of the invitation for
656-bids shall be published in the Illinois Procurement Bulletin
657-at least 14 calendar days before the date set in the invitation
658-for the opening of bids.
659-(d) Bid opening. Bids shall be opened publicly or through
660-an electronic procurement system in the presence of one or
661-more witnesses at the time and place designated in the
662-invitation for bids. The name of each bidder, including earned
663-and applied bid credit from the Illinois Works Jobs Program
664-
665-
666-Act, the amount of each bid, and other relevant information as
667-may be specified by rule shall be recorded. After the award of
668-the contract, the winning bid and the record of each
669-unsuccessful bid shall be open to public inspection.
670-(e) Bid acceptance and bid evaluation. Bids shall be
671-unconditionally accepted without alteration or correction,
672-except as authorized in this Code. Bids shall be evaluated
673-based on the requirements set forth in the invitation for
674-bids, which may include criteria to determine acceptability
675-such as inspection, testing, quality, workmanship, delivery,
676-and suitability for a particular purpose. Those criteria that
677-will affect the bid price and be considered in evaluation for
678-award, such as discounts, transportation costs, and total or
679-life cycle costs, shall be objectively measurable. The
680-invitation for bids shall set forth the evaluation criteria to
681-be used.
682-(f) Correction or withdrawal of bids. Correction or
683-withdrawal of inadvertently erroneous bids before or after
684-award, or cancellation of awards of contracts based on bid
685-mistakes, shall be permitted in accordance with rules. After
686-bid opening, no changes in bid prices or other provisions of
687-bids prejudicial to the interest of the State or fair
688-competition shall be permitted. All decisions to permit the
689-correction or withdrawal of bids based on bid mistakes shall
690-be supported by written determination made by a State
691-purchasing officer.
692-
693-
694-(g) Award. The contract shall be awarded with reasonable
695-promptness by written notice to the lowest responsible and
696-responsive bidder whose bid meets the requirements and
697-criteria set forth in the invitation for bids, except when a
698-State purchasing officer determines it is not in the best
699-interest of the State and by written explanation determines
700-another bidder shall receive the award. The explanation shall
701-appear in the appropriate volume of the Illinois Procurement
702-Bulletin. The written explanation must include:
703-(1) a description of the agency's needs;
704-(2) a determination that the anticipated cost will be
705-fair and reasonable;
706-(3) a listing of all responsible and responsive
707-bidders; and
708-(4) the name of the bidder selected, the total
709-contract price, and the reasons for selecting that bidder.
710-Each chief procurement officer may adopt guidelines to
711-implement the requirements of this subsection (g).
712-The written explanation shall be filed with the
713-Legislative Audit Commission, and the Commission on Equity and
714-Inclusion, and the Procurement Policy Board, and be made
715-available for inspection by the public, within 14 days after
716-the agency's decision to award the contract.
717-(h) Multi-step sealed bidding. When it is considered
718-impracticable to initially prepare a purchase description to
719-support an award based on price, an invitation for bids may be
720-
721-
722-issued requesting the submission of unpriced offers to be
723-followed by an invitation for bids limited to those bidders
724-whose offers have been qualified under the criteria set forth
725-in the first solicitation.
726-(i) Alternative procedures. Notwithstanding any other
727-provision of this Act to the contrary, the Director of the
728-Illinois Power Agency may create alternative bidding
729-procedures to be used in procuring professional services under
730-subsections (a) and (c) of Section 1-75 and subsection (d) of
731-Section 1-78 of the Illinois Power Agency Act and Section
732-16-111.5(c) of the Public Utilities Act and to procure
733-renewable energy resources under Section 1-56 of the Illinois
734-Power Agency Act. These alternative procedures shall be set
735-forth together with the other criteria contained in the
736-invitation for bids, and shall appear in the appropriate
737-volume of the Illinois Procurement Bulletin.
738-(j) Reverse auction. Notwithstanding any other provision
739-of this Section and in accordance with rules adopted by the
740-chief procurement officer, that chief procurement officer may
741-procure supplies or services through a competitive electronic
742-auction bidding process after the chief procurement officer
743-determines that the use of such a process will be in the best
744-interest of the State. The chief procurement officer shall
745-publish that determination in his or her next volume of the
746-Illinois Procurement Bulletin.
747-An invitation for bids shall be issued and shall include
748-
749-
750-(i) a procurement description, (ii) all contractual terms,
751-whenever practical, and (iii) conditions applicable to the
752-procurement, including a notice that bids will be received in
753-an electronic auction manner.
754-Public notice of the invitation for bids shall be given in
755-the same manner as provided in subsection (c).
756-Bids shall be accepted electronically at the time and in
757-the manner designated in the invitation for bids. During the
758-auction, a bidder's price shall be disclosed to other bidders.
759-Bidders shall have the opportunity to reduce their bid prices
760-during the auction. At the conclusion of the auction, the
761-record of the bid prices received and the name of each bidder
762-shall be open to public inspection.
763-After the auction period has terminated, withdrawal of
764-bids shall be permitted as provided in subsection (f).
765-The contract shall be awarded within 60 calendar days
766-after the auction by written notice to the lowest responsible
767-bidder, or all bids shall be rejected except as otherwise
768-provided in this Code. Extensions of the date for the award may
769-be made by mutual written consent of the State purchasing
770-officer and the lowest responsible bidder.
771-This subsection does not apply to (i) procurements of
772-professional and artistic services, (ii) telecommunications
773-services, communication services, and information services,
774-and (iii) contracts for construction projects, including
775-design professional services.
776-
777-
778-(Source: P.A. 101-31, eff. 6-28-19; 101-657, eff. 1-1-22;
779-102-29, eff. 6-25-21.)
780-(Text of Section after amendment by P.A. 103-558)
781-(Text of Section from P.A. 96-159, 96-588, 97-96, 97-895,
782-98-1076, 99-906, 100-43, 101-31, 101-657, 102-29, and 103-558)
783-Sec. 20-10. Competitive sealed bidding; reverse auction.
784-(a) Conditions for use. All contracts shall be awarded by
785-competitive sealed bidding except as otherwise provided in
786-Section 20-5.
787-(b) Invitation for bids. An invitation for bids shall be
788-issued and shall include a purchase description and the
789-material contractual terms and conditions applicable to the
790-procurement.
791-(c) Public notice. Public notice of the invitation for
792-bids shall be published in the Illinois Procurement Bulletin
793-at least 14 calendar days before the date set in the invitation
794-for the opening of bids.
795-(d) Bid opening. Bids shall be opened publicly or through
796-an electronic procurement system in the presence of one or
797-more witnesses at the time and place designated in the
798-invitation for bids. The name of each bidder, including earned
799-and applied bid credit from the Illinois Works Jobs Program
800-Act, the amount of each bid, and other relevant information as
801-may be specified by rule shall be recorded. After the award of
802-the contract, the winning bid and the record of each
803-
804-
805-unsuccessful bid shall be open to public inspection.
806-(e) Bid acceptance and bid evaluation. Bids shall be
807-unconditionally accepted without alteration or correction,
808-except as authorized in this Code. Bids shall be evaluated
809-based on the requirements set forth in the invitation for
810-bids, which may include criteria to determine acceptability
811-such as inspection, testing, quality, workmanship, delivery,
812-and suitability for a particular purpose. Those criteria that
813-will affect the bid price and be considered in evaluation for
814-award, such as discounts, transportation costs, and total or
815-life cycle costs, shall be objectively measurable. The
816-invitation for bids shall set forth the evaluation criteria to
817-be used.
818-(f) Correction or withdrawal of bids. Correction or
819-withdrawal of inadvertently erroneous bids before or after
820-award, or cancellation of awards of contracts based on bid
821-mistakes, shall be permitted in accordance with rules. After
822-bid opening, no changes in bid prices or other provisions of
823-bids prejudicial to the interest of the State or fair
824-competition shall be permitted. All decisions to permit the
825-correction or withdrawal of bids based on bid mistakes shall
826-be supported by written determination made by a State
827-purchasing officer.
828-(g) Award. The contract shall be awarded with reasonable
829-promptness by written notice to the lowest responsible and
830-responsive bidder whose bid meets the requirements and
831-
832-
833-criteria set forth in the invitation for bids, except when a
834-State purchasing officer determines it is not in the best
835-interest of the State and by written explanation determines
836-another bidder shall receive the award. The explanation shall
837-appear in the appropriate volume of the Illinois Procurement
838-Bulletin. The written explanation must include:
839-(1) a description of the agency's needs;
840-(2) a determination that the anticipated cost will be
841-fair and reasonable;
842-(3) a listing of all responsible and responsive
843-bidders; and
844-(4) the name of the bidder selected, the total
845-contract price, and the reasons for selecting that bidder.
846-Each chief procurement officer may adopt guidelines to
847-implement the requirements of this subsection (g).
848-The written explanation shall be filed with the
849-Legislative Audit Commission, and the Commission on Equity and
850-Inclusion, and the Procurement Policy Board, and be made
851-available for inspection by the public, within 14 calendar
852-days after the agency's decision to award the contract.
853-(g-5) Failed bid notice. In addition to the requirements
854-of subsection (g), if a bidder has failed to be awarded a
855-contract after 4 consecutive bids to provide the same services
856-to the Department of Transportation, the Capital Development
857-Board, or the Illinois State Toll Highway Authority, the
858-applicable agency shall, in writing, detail why each of the 4
859-
860-
861-bids was not awarded to the bidder. The applicable agency
862-shall submit by certified copy to the bidder the reason or
863-reasons why each of the 4 bids was not awarded to the bidder.
864-The agency shall submit that certified copy to the bidder
865-within the same calendar quarter in which the fourth bid was
866-rejected. This subsection does not apply if information
867-pertaining to a failed bid was previously disclosed to a
868-bidder by electronic means. If any agency chooses to provide
869-information by electronic means, the agency shall have a
870-written policy outlining how the agency will reasonably ensure
871-the bidder receives the information. For the purposes of this
872-subsection, "electronic means" means an email communication
873-from the applicable agency to the bidder or a public posting on
874-the applicable agency's procurement bulletin.
875-(h) Multi-step sealed bidding. When it is considered
876-impracticable to initially prepare a purchase description to
877-support an award based on price, an invitation for bids may be
878-issued requesting the submission of unpriced offers to be
879-followed by an invitation for bids limited to those bidders
880-whose offers have been qualified under the criteria set forth
881-in the first solicitation.
882-(i) Alternative procedures. Notwithstanding any other
883-provision of this Act to the contrary, the Director of the
884-Illinois Power Agency may create alternative bidding
885-procedures to be used in procuring professional services under
886-Section 1-56, subsections (a) and (c) of Section 1-75 and
887-
888-
889-subsection (d) of Section 1-78 of the Illinois Power Agency
890-Act and Section 16-111.5(c) of the Public Utilities Act and to
891-procure renewable energy resources under Section 1-56 of the
892-Illinois Power Agency Act. These alternative procedures shall
893-be set forth together with the other criteria contained in the
894-invitation for bids, and shall appear in the appropriate
895-volume of the Illinois Procurement Bulletin.
896-(j) Reverse auction. Notwithstanding any other provision
897-of this Section and in accordance with rules adopted by the
898-chief procurement officer, that chief procurement officer may
899-procure supplies or services through a competitive electronic
900-auction bidding process after the chief procurement officer
901-determines that the use of such a process will be in the best
902-interest of the State. The chief procurement officer shall
903-publish that determination in his or her next volume of the
904-Illinois Procurement Bulletin.
905-An invitation for bids shall be issued and shall include
906-(i) a procurement description, (ii) all contractual terms,
907-whenever practical, and (iii) conditions applicable to the
908-procurement, including a notice that bids will be received in
909-an electronic auction manner.
910-Public notice of the invitation for bids shall be given in
911-the same manner as provided in subsection (c).
912-Bids shall be accepted electronically at the time and in
913-the manner designated in the invitation for bids. During the
914-auction, a bidder's price shall be disclosed to other bidders.
915-
916-
917-Bidders shall have the opportunity to reduce their bid prices
918-during the auction. At the conclusion of the auction, the
919-record of the bid prices received and the name of each bidder
920-shall be open to public inspection.
921-After the auction period has terminated, withdrawal of
922-bids shall be permitted as provided in subsection (f).
923-The contract shall be awarded within 60 calendar days
924-after the auction by written notice to the lowest responsible
925-bidder, or all bids shall be rejected except as otherwise
926-provided in this Code. Extensions of the date for the award may
927-be made by mutual written consent of the State purchasing
928-officer and the lowest responsible bidder.
929-This subsection does not apply to (i) procurements of
930-professional and artistic services, (ii) telecommunications
931-services, communication services, and information services,
932-and (iii) contracts for construction projects, including
933-design professional services.
934-(Source: P.A. 102-29, eff. 6-25-21; 103-558, eff. 1-1-24.)
935-(Text of Section from P.A. 96-159, 96-795, 97-96, 97-895,
936-98-1076, 99-906, 100-43, 101-31, 101-657, 102-29, and 103-558)
937-Sec. 20-10. Competitive sealed bidding; reverse auction.
938-(a) Conditions for use. All contracts shall be awarded by
939-competitive sealed bidding except as otherwise provided in
940-Section 20-5.
941-(b) Invitation for bids. An invitation for bids shall be
942-
943-
944-issued and shall include a purchase description and the
945-material contractual terms and conditions applicable to the
946-procurement.
947-(c) Public notice. Public notice of the invitation for
948-bids shall be published in the Illinois Procurement Bulletin
949-at least 14 calendar days before the date set in the invitation
950-for the opening of bids.
951-(d) Bid opening. Bids shall be opened publicly or through
952-an electronic procurement system in the presence of one or
953-more witnesses at the time and place designated in the
954-invitation for bids. The name of each bidder, including earned
955-and applied bid credit from the Illinois Works Jobs Program
956-Act, the amount of each bid, and other relevant information as
957-may be specified by rule shall be recorded. After the award of
958-the contract, the winning bid and the record of each
959-unsuccessful bid shall be open to public inspection.
960-(e) Bid acceptance and bid evaluation. Bids shall be
961-unconditionally accepted without alteration or correction,
962-except as authorized in this Code. Bids shall be evaluated
963-based on the requirements set forth in the invitation for
964-bids, which may include criteria to determine acceptability
965-such as inspection, testing, quality, workmanship, delivery,
966-and suitability for a particular purpose. Those criteria that
967-will affect the bid price and be considered in evaluation for
968-award, such as discounts, transportation costs, and total or
969-life cycle costs, shall be objectively measurable. The
970-
971-
972-invitation for bids shall set forth the evaluation criteria to
973-be used.
974-(f) Correction or withdrawal of bids. Correction or
975-withdrawal of inadvertently erroneous bids before or after
976-award, or cancellation of awards of contracts based on bid
977-mistakes, shall be permitted in accordance with rules. After
978-bid opening, no changes in bid prices or other provisions of
979-bids prejudicial to the interest of the State or fair
980-competition shall be permitted. All decisions to permit the
981-correction or withdrawal of bids based on bid mistakes shall
982-be supported by written determination made by a State
983-purchasing officer.
984-(g) Award. The contract shall be awarded with reasonable
985-promptness by written notice to the lowest responsible and
986-responsive bidder whose bid meets the requirements and
987-criteria set forth in the invitation for bids, except when a
988-State purchasing officer determines it is not in the best
989-interest of the State and by written explanation determines
990-another bidder shall receive the award. The explanation shall
991-appear in the appropriate volume of the Illinois Procurement
992-Bulletin. The written explanation must include:
993-(1) a description of the agency's needs;
994-(2) a determination that the anticipated cost will be
995-fair and reasonable;
996-(3) a listing of all responsible and responsive
997-bidders; and
998-
999-
1000-(4) the name of the bidder selected, the total
1001-contract price, and the reasons for selecting that bidder.
1002-Each chief procurement officer may adopt guidelines to
1003-implement the requirements of this subsection (g).
1004-The written explanation shall be filed with the
1005-Legislative Audit Commission, and the Commission on Equity and
1006-Inclusion, and the Procurement Policy Board, and be made
1007-available for inspection by the public, within 14 days after
1008-the agency's decision to award the contract.
1009-(g-5) Failed bid notice. In addition to the requirements
1010-of subsection (g), if a bidder has failed to be awarded a
1011-contract after 4 consecutive bids to provide the same services
1012-to the Department of Transportation, the Capital Development
1013-Board, or the Illinois State Toll Highway Authority, the
1014-applicable agency shall, in writing, detail why each of the 4
1015-bids was not awarded to the bidder. The applicable agency
1016-shall submit by certified copy to the bidder the reason or
1017-reasons why each of the 4 bids was not awarded to the bidder.
1018-The agency shall submit that certified copy to the bidder
1019-within the same calendar quarter in which the fourth bid was
1020-rejected. This subsection does not apply if information
1021-pertaining to a failed bid was previously disclosed to a
1022-bidder by electronic means. If any agency chooses to provide
1023-information by electronic means, the agency shall have a
1024-written policy outlining how the agency will reasonably ensure
1025-the bidder receives the information. For the purposes of this
1026-
1027-
1028-subsection, "electronic means" means an email communication
1029-from the applicable agency to the bidder or a public posting on
1030-the applicable agency's procurement bulletin.
1031-(h) Multi-step sealed bidding. When it is considered
1032-impracticable to initially prepare a purchase description to
1033-support an award based on price, an invitation for bids may be
1034-issued requesting the submission of unpriced offers to be
1035-followed by an invitation for bids limited to those bidders
1036-whose offers have been qualified under the criteria set forth
1037-in the first solicitation.
1038-(i) Alternative procedures. Notwithstanding any other
1039-provision of this Act to the contrary, the Director of the
1040-Illinois Power Agency may create alternative bidding
1041-procedures to be used in procuring professional services under
1042-subsections (a) and (c) of Section 1-75 and subsection (d) of
1043-Section 1-78 of the Illinois Power Agency Act and Section
1044-16-111.5(c) of the Public Utilities Act and to procure
1045-renewable energy resources under Section 1-56 of the Illinois
1046-Power Agency Act. These alternative procedures shall be set
1047-forth together with the other criteria contained in the
1048-invitation for bids, and shall appear in the appropriate
1049-volume of the Illinois Procurement Bulletin.
1050-(j) Reverse auction. Notwithstanding any other provision
1051-of this Section and in accordance with rules adopted by the
1052-chief procurement officer, that chief procurement officer may
1053-procure supplies or services through a competitive electronic
1054-
1055-
1056-auction bidding process after the chief procurement officer
1057-determines that the use of such a process will be in the best
1058-interest of the State. The chief procurement officer shall
1059-publish that determination in his or her next volume of the
1060-Illinois Procurement Bulletin.
1061-An invitation for bids shall be issued and shall include
1062-(i) a procurement description, (ii) all contractual terms,
1063-whenever practical, and (iii) conditions applicable to the
1064-procurement, including a notice that bids will be received in
1065-an electronic auction manner.
1066-Public notice of the invitation for bids shall be given in
1067-the same manner as provided in subsection (c).
1068-Bids shall be accepted electronically at the time and in
1069-the manner designated in the invitation for bids. During the
1070-auction, a bidder's price shall be disclosed to other bidders.
1071-Bidders shall have the opportunity to reduce their bid prices
1072-during the auction. At the conclusion of the auction, the
1073-record of the bid prices received and the name of each bidder
1074-shall be open to public inspection.
1075-After the auction period has terminated, withdrawal of
1076-bids shall be permitted as provided in subsection (f).
1077-The contract shall be awarded within 60 calendar days
1078-after the auction by written notice to the lowest responsible
1079-bidder, or all bids shall be rejected except as otherwise
1080-provided in this Code. Extensions of the date for the award may
1081-be made by mutual written consent of the State purchasing
1082-
1083-
1084-officer and the lowest responsible bidder.
1085-This subsection does not apply to (i) procurements of
1086-professional and artistic services, (ii) telecommunications
1087-services, communication services, and information services,
1088-and (iii) contracts for construction projects, including
1089-design professional services.
1090-(Source: P.A. 102-29, eff. 6-25-21; 103-558, eff. 1-1-24.)
1091-Section 30. The Emergency Telephone System Act is amended
1092-by changing Sections 19, 30, and 35 as follows:
1093-(50 ILCS 750/19)
1094-(Section scheduled to be repealed on December 31, 2025)
1095-Sec. 19. Statewide 9-1-1 Advisory Board.
1096-(a) Beginning July 1, 2015, there is created the Statewide
1097-9-1-1 Advisory Board within the Illinois State Police. The
1098-Board shall consist of the following voting members:
1099-(1) The Director of the Illinois State Police, or his
1100-or her designee, who shall serve as chairman.
1101-(2) The Executive Director of the Commission, or his
1102-or her designee.
1103-(3) Members appointed by the Governor as follows:
1104-(A) one member representing the Illinois chapter
1105-of the National Emergency Number Association, or his
1106-or her designee;
1107-(B) one member representing the Illinois chapter
1108-
1109-
1110-of the Association of Public-Safety Communications
1111-Officials, or his or her designee;
1112-(C) one member representing a county 9-1-1 system
1113-from a county with a population of less than 37,000;
1114-(C-5) one member representing a county 9-1-1
1115-system from a county with a population between 37,000
1116-and 100,000;
1117-(D) one member representing a county 9-1-1 system
1118-from a county with a population between 100,001 and
1119-250,000;
1120-(E) one member representing a county 9-1-1 system
1121-from a county with a population of more than 250,000;
1122-(F) one member representing a municipal or
1123-intergovernmental cooperative 9-1-1 system, excluding
1124-any single municipality with a population over
1125-500,000;
1126-(G) one member representing the Illinois
1127-Association of Chiefs of Police;
1128-(H) one member representing the Illinois Sheriffs'
1129-Association; and
1130-(I) one member representing the Illinois Fire
1131-Chiefs Association.
1132-The Governor shall appoint the following non-voting
1133-members: (i) one member representing an incumbent local
1134-exchange 9-1-1 system provider; (ii) one member representing a
1135-non-incumbent local exchange 9-1-1 system provider; (iii) one
1136-
1137-
1138-member representing a large wireless carrier; (iv) one member
1139-representing an incumbent local exchange carrier; (v) one
1140-member representing the Illinois Broadband and
1141-Telecommunications Association; (vi) one member representing
1142-the Illinois Broadband and Cable Association; and (vii) one
1143-member representing the Illinois State Ambulance Association.
1144-The Speaker of the House of Representatives, the Minority
1145-Leader of the House of Representatives, the President of the
1146-Senate, and the Minority Leader of the Senate may each appoint
1147-a member of the General Assembly to temporarily serve as a
1148-non-voting member of the Board during the 12 months prior to
1149-the repeal date of this Act to discuss legislative initiatives
1150-of the Board.
1151-(b) The Governor shall make initial appointments to the
1152-Statewide 9-1-1 Advisory Board by August 31, 2015. Six of the
1153-voting members appointed by the Governor shall serve an
1154-initial term of 2 years, and the remaining voting members
1155-appointed by the Governor shall serve an initial term of 3
1156-years. Thereafter, each appointment by the Governor shall be
1157-for a term of 3 years and until their respective successors are
1158-appointed. Non-voting members shall serve for a term of 3
1159-years. Vacancies shall be filled in the same manner as the
1160-original appointment. Persons appointed to fill a vacancy
1161-shall serve for the balance of the unexpired term.
1162-Members of the Statewide 9-1-1 Advisory Board shall serve
1163-without compensation.
1164-
1165-
1166-(c) The 9-1-1 Services Advisory Board, as constituted on
1167-June 1, 2015 without the legislative members, shall serve in
1168-the role of the Statewide 9-1-1 Advisory Board until all
1169-appointments of voting members have been made by the Governor
1170-under subsection (a) of this Section.
1171-(d) The Statewide 9-1-1 Advisory Board shall:
1172-(1) advise the Illinois State Police and the Statewide
1173-9-1-1 Administrator on the oversight of 9-1-1 systems and
1174-the development and implementation of a uniform statewide
1175-9-1-1 system;
1176-(2) make recommendations to the Governor and the
1177-General Assembly regarding improvements to 9-1-1 services
1178-throughout the State; and
1179-(3) exercise all other powers and duties provided in
1180-this Act.
1181-(e) The Statewide 9-1-1 Advisory Board shall submit to the
1182-General Assembly a report by March 1 of each year providing an
1183-update on the transition to a statewide 9-1-1 system and
1184-recommending any legislative action.
1185-(f) The Illinois State Police shall provide administrative
1186-support to the Statewide 9-1-1 Advisory Board.
1187-(Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21;
1188-102-813, eff. 5-13-22.)
1189-(50 ILCS 750/30)
1190-(Text of Section before amendment by P.A. 103-366)
1191-
1192-
1193-(Section scheduled to be repealed on December 31, 2025)
1194-Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement.
1195-(a) A special fund in the State treasury known as the
1196-Wireless Service Emergency Fund shall be renamed the Statewide
1197-9-1-1 Fund. Any appropriations made from the Wireless Service
1198-Emergency Fund shall be payable from the Statewide 9-1-1 Fund.
1199-The Fund shall consist of the following:
1200-(1) 9-1-1 wireless surcharges assessed under the
1201-Wireless Emergency Telephone Safety Act.
1202-(2) 9-1-1 surcharges assessed under Section 20 of this
1203-Act.
1204-(3) Prepaid wireless 9-1-1 surcharges assessed under
1205-Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act.
1206-(4) Any appropriations, grants, or gifts made to the
1207-Fund.
1208-(5) Any income from interest, premiums, gains, or
1209-other earnings on moneys in the Fund.
1210-(6) Money from any other source that is deposited in
1211-or transferred to the Fund.
1212-(b) Subject to appropriation and availability of funds,
1213-the Illinois State Police shall distribute the 9-1-1
1214-surcharges monthly as follows:
1215-(1) From each surcharge collected and remitted under
1216-Section 20 of this Act:
1217-(A) $0.013 shall be distributed monthly in equal
1218-amounts to each County Emergency Telephone System
1219-
1220-
1221-Board in counties with a population under 100,000
1222-according to the most recent census data which is
1223-authorized to serve as a primary wireless 9-1-1 public
1224-safety answering point for the county and to provide
1225-wireless 9-1-1 service as prescribed by subsection (b)
1226-of Section 15.6a of this Act, and which does provide
1227-such service.
1228-(B) $0.033 shall be transferred by the Comptroller
1229-at the direction of the Illinois State Police to the
1230-Wireless Carrier Reimbursement Fund until June 30,
1231-2017; from July 1, 2017 through June 30, 2018, $0.026
1232-shall be transferred; from July 1, 2018 through June
1233-30, 2019, $0.020 shall be transferred; from July 1,
1234-2019, through June 30, 2020, $0.013 shall be
1235-transferred; from July 1, 2020 through June 30, 2021,
1236-$0.007 will be transferred; and after June 30, 2021,
1237-no transfer shall be made to the Wireless Carrier
1238-Reimbursement Fund.
1239-(C) Until December 31, 2017, $0.007 and on and
1240-after January 1, 2018, $0.017 shall be used to cover
1241-the Illinois State Police's administrative costs.
1242-(D) Beginning January 1, 2018, until June 30,
1243-2020, $0.12, and on and after July 1, 2020, $0.04 shall
1244-be used to make monthly proportional grants to the
1245-appropriate 9-1-1 Authority currently taking wireless
1246-9-1-1 based upon the United States Postal Zip Code of
1247-
1248-
1249-the billing addresses of subscribers wireless
1250-carriers.
1251-(E) Until June 30, 2025 2023, $0.05 shall be used
1252-by the Illinois State Police for grants for NG9-1-1
1253-expenses, with priority given to 9-1-1 Authorities
1254-that provide 9-1-1 service within the territory of a
1255-Large Electing Provider as defined in Section 13-406.1
1256-of the Public Utilities Act.
1257-(F) On and after July 1, 2020, $0.13 shall be used
1258-for the implementation of and continuing expenses for
1259-the Statewide NG9-1-1 system.
1260-(2) After disbursements under paragraph (1) of this
1261-subsection (b), all remaining funds in the Statewide 9-1-1
1262-Fund shall be disbursed in the following priority order:
1263-(A) The Fund shall pay monthly to:
1264-(i) the 9-1-1 Authorities that imposed
1265-surcharges under Section 15.3 of this Act and were
1266-required to report to the Illinois Commerce
1267-Commission under Section 27 of the Wireless
1268-Emergency Telephone Safety Act on October 1, 2014,
1269-except a 9-1-1 Authority in a municipality with a
1270-population in excess of 500,000, an amount equal
1271-to the average monthly wireline and VoIP surcharge
1272-revenue attributable to the most recent 12-month
1273-period reported to the Illinois State Police under
1274-that Section for the October 1, 2014 filing,
1275-
1276-
1277-subject to the power of the Illinois State Police
1278-to investigate the amount reported and adjust the
1279-number by order under Article X of the Public
1280-Utilities Act, so that the monthly amount paid
1281-under this item accurately reflects one-twelfth of
1282-the aggregate wireline and VoIP surcharge revenue
1283-properly attributable to the most recent 12-month
1284-period reported to the Commission; or
1285-(ii) county qualified governmental entities
1286-that did not impose a surcharge under Section 15.3
1287-as of December 31, 2015, and counties that did not
1288-impose a surcharge as of June 30, 2015, an amount
1289-equivalent to their population multiplied by .37
1290-multiplied by the rate of $0.69; counties that are
1291-not county qualified governmental entities and
1292-that did not impose a surcharge as of December 31,
1293-2015, shall not begin to receive the payment
1294-provided for in this subsection until E9-1-1 and
1295-wireless E9-1-1 services are provided within their
1296-counties; or
1297-(iii) counties without 9-1-1 service that had
1298-a surcharge in place by December 31, 2015, an
1299-amount equivalent to their population multiplied
1300-by .37 multiplied by their surcharge rate as
1301-established by the referendum.
1302-(B) All 9-1-1 network costs for systems outside of
1303-
1304-
1305-municipalities with a population of at least 500,000
1306-shall be paid by the Illinois State Police directly to
1307-the vendors.
1308-(C) All expenses incurred by the Administrator and
1309-the Statewide 9-1-1 Advisory Board and costs
1310-associated with procurement under Section 15.6b
1311-including requests for information and requests for
1312-proposals.
1313-(D) Funds may be held in reserve by the Statewide
1314-9-1-1 Advisory Board and disbursed by the Illinois
1315-State Police for grants under Section 15.4b of this
1316-Act and for NG9-1-1 expenses up to $12.5 million per
1317-year in State fiscal years 2016 and 2017; up to $20
1318-million in State fiscal year 2018; up to $20.9 million
1319-in State fiscal year 2019; up to $15.3 million in State
1320-fiscal year 2020; up to $16.2 million in State fiscal
1321-year 2021; up to $23.1 million in State fiscal year
1322-2022; and up to $17.0 million per year for State fiscal
1323-year 2023 and each year thereafter. The amount held in
1324-reserve in State fiscal years 2021, 2022, and 2023
1325-shall not be less than $6.5 million. Disbursements
1326-under this subparagraph (D) shall be prioritized as
1327-follows: (i) consolidation grants prioritized under
1328-subsection (a) of Section 15.4b of this Act; (ii)
1329-NG9-1-1 expenses; and (iii) consolidation grants under
1330-Section 15.4b of this Act for consolidation expenses
1331-
1332-
1333-incurred between January 1, 2010, and January 1, 2016.
1334-(E) All remaining funds per remit month shall be
1335-used to make monthly proportional grants to the
1336-appropriate 9-1-1 Authority currently taking wireless
1337-9-1-1 based upon the United States Postal Zip Code of
1338-the billing addresses of subscribers of wireless
1339-carriers.
1340-(c) The moneys deposited into the Statewide 9-1-1 Fund
1341-under this Section shall not be subject to administrative
1342-charges or chargebacks unless otherwise authorized by this
1343-Act.
1344-(d) Whenever two or more 9-1-1 Authorities consolidate,
1345-the resulting Joint Emergency Telephone System Board shall be
1346-entitled to the monthly payments that had theretofore been
1347-made to each consolidating 9-1-1 Authority. Any reserves held
1348-by any consolidating 9-1-1 Authority shall be transferred to
1349-the resulting Joint Emergency Telephone System Board. Whenever
1350-a county that has no 9-1-1 service as of January 1, 2016 enters
1351-into an agreement to consolidate to create or join a Joint
1352-Emergency Telephone System Board, the Joint Emergency
1353-Telephone System Board shall be entitled to the monthly
1354-payments that would have otherwise been paid to the county if
1355-it had provided 9-1-1 service.
1356-(Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21;
1357-102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
1358-
1359-
1360-(Text of Section after amendment by P.A. 103-366)
1361-(Section scheduled to be repealed on December 31, 2025)
1362-Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement.
1363-(a) A special fund in the State treasury known as the
1364-Wireless Service Emergency Fund shall be renamed the Statewide
1365-9-1-1 Fund. Any appropriations made from the Wireless Service
1366-Emergency Fund shall be payable from the Statewide 9-1-1 Fund.
1367-The Fund shall consist of the following:
1368-(1) (Blank).
1369-(2) 9-1-1 surcharges assessed under Section 20 of this
1370-Act.
1371-(3) Prepaid wireless 9-1-1 surcharges assessed under
1372-Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act.
1373-(4) Any appropriations, grants, or gifts made to the
1374-Fund.
1375-(5) Any income from interest, premiums, gains, or
1376-other earnings on moneys in the Fund.
1377-(6) Money from any other source that is deposited in
1378-or transferred to the Fund.
1379-(b) Subject to appropriation and availability of funds,
1380-the Illinois State Police shall distribute the 9-1-1
1381-surcharges monthly as follows:
1382-(1) From each surcharge collected and remitted under
1383-Section 20 of this Act:
1384-(A) $0.013 shall be distributed monthly in equal
1385-amounts to each County Emergency Telephone System
1386-
1387-
1388-Board in counties with a population under 100,000
1389-according to the most recent census data which is
1390-authorized to serve as a primary wireless 9-1-1 public
1391-safety answering point for the county and to provide
1392-wireless 9-1-1 service as prescribed by subsection (b)
1393-of Section 15.6a of this Act, and which does provide
1394-such service.
1395-(B) (Blank).
1396-(C) Until December 31, 2017, $0.007 and on and
1397-after January 1, 2018, $0.017 shall be used to cover
1398-the Illinois State Police's administrative costs.
1399-(D) Beginning January 1, 2018, until June 30,
1400-2020, $0.12, and on and after July 1, 2020, $0.04 shall
1401-be used to make monthly disbursements to the
1402-appropriate 9-1-1 Authority currently taking wireless
1403-9-1-1 based upon the United States Postal Zip Code of
1404-the billing addresses of subscribers wireless
1405-carriers.
1406-(E) Until June 30, 2025 2023, $0.05 shall be used
1407-by the Illinois State Police for grants for NG9-1-1
1408-expenses, with priority given to 9-1-1 Authorities
1409-that provide 9-1-1 service within the territory of a
1410-Large Electing Provider as defined in Section 13-406.1
1411-of the Public Utilities Act.
1412-(F) On and after July 1, 2020, $0.13 shall be used
1413-for the implementation of and continuing expenses for
1414-
1415-
1416-the Statewide NG9-1-1 system.
1417-(1.5) Beginning on the effective date of this
1418-amendatory Act of the 103rd General Assembly, to assist
1419-with the implementation of the statewide Next Generation
1420-9-1-1 network, the Illinois State Police's administrative
1421-costs include the one-time capital cost of upgrading the
1422-Illinois State Police's call-handling equipment to meet
1423-the standards necessary to access and increase
1424-interoperability with the statewide Next Generation 9-1-1
1425-network.
1426-(A) Upon completion of the Illinois State Police's
1427-call-handling equipment upgrades, but no later than
1428-June 30, 2024, surplus moneys in excess of $1,000,000
1429-from subparagraph (C) of paragraph (1) not utilized by
1430-the Illinois State Police for administrative costs
1431-shall be distributed to the 9-1-1 Authorities in
1432-accordance with subparagraph (E) of paragraph (2) on
1433-an annual basis at the end of the State fiscal year.
1434-Any remaining surplus money may also be distributed
1435-consistent with this paragraph (1.5) at the discretion
1436-of the Illinois State Police.
1437-(B) Upon implementation of the Statewide NG9-1-1
1438-system, but no later than June 30, 2024, surplus
1439-moneys in excess of $5,000,000 from subparagraph (F)
1440-of paragraph (1) not utilized by the Illinois State
1441-Police for the implementation of and continuing
1442-
1443-
1444-expenses for the Statewide NG9-1-1 system shall be
1445-distributed to the 9-1-1 Authorities in accordance
1446-with subparagraph (E) of subsection (2) on an annual
1447-basis at the end of the State fiscal year. Any
1448-remaining surplus money may also be distributed
1449-consistent with this paragraph (1.5) at the discretion
1450-of the Illinois State Police.
1451-(2) After disbursements under paragraph (1) of this
1452-subsection (b), all remaining funds in the Statewide 9-1-1
1453-Fund shall be disbursed in the following priority order:
1454-(A) The Fund shall pay monthly to:
1455-(i) the 9-1-1 Authorities that imposed
1456-surcharges under Section 15.3 of this Act and were
1457-required to report to the Illinois Commerce
1458-Commission under Section 27 of the Wireless
1459-Emergency Telephone Safety Act on October 1, 2014,
1460-except a 9-1-1 Authority in a municipality with a
1461-population in excess of 500,000, an amount equal
1462-to the average monthly wireline and VoIP surcharge
1463-revenue attributable to the most recent 12-month
1464-period reported to the Illinois State Police under
1465-that Section for the October 1, 2014 filing,
1466-subject to the power of the Illinois State Police
1467-to investigate the amount reported and adjust the
1468-number by order under Article X of the Public
1469-Utilities Act, so that the monthly amount paid
1470-
1471-
1472-under this item accurately reflects one-twelfth of
1473-the aggregate wireline and VoIP surcharge revenue
1474-properly attributable to the most recent 12-month
1475-period reported to the Commission; or
1476-(ii) county qualified governmental entities
1477-that did not impose a surcharge under Section 15.3
1478-as of December 31, 2015, and counties that did not
1479-impose a surcharge as of June 30, 2015, an amount
1480-equivalent to their population multiplied by .37
1481-multiplied by the rate of $0.69; counties that are
1482-not county qualified governmental entities and
1483-that did not impose a surcharge as of December 31,
1484-2015, shall not begin to receive the payment
1485-provided for in this subsection until E9-1-1 and
1486-wireless E9-1-1 services are provided within their
1487-counties; or
1488-(iii) counties without 9-1-1 service that had
1489-a surcharge in place by December 31, 2015, an
1490-amount equivalent to their population multiplied
1491-by .37 multiplied by their surcharge rate as
1492-established by the referendum.
1493-(B) All 9-1-1 network costs for systems outside of
1494-municipalities with a population of at least 500,000
1495-shall be paid by the Illinois State Police directly to
1496-the vendors.
1497-(C) All expenses incurred by the Administrator and
1498-
1499-
1500-the Statewide 9-1-1 Advisory Board and costs
1501-associated with procurement under Section 15.6b
1502-including requests for information and requests for
1503-proposals.
1504-(D) Funds may be held in reserve by the Statewide
1505-9-1-1 Advisory Board and disbursed by the Illinois
1506-State Police for grants under Section 15.4b of this
1507-Act and for NG9-1-1 expenses up to $12.5 million per
1508-year in State fiscal years 2016 and 2017; up to $20
1509-million in State fiscal year 2018; up to $20.9 million
1510-in State fiscal year 2019; up to $15.3 million in State
1511-fiscal year 2020; up to $16.2 million in State fiscal
1512-year 2021; up to $23.1 million in State fiscal year
1513-2022; and up to $17.0 million per year for State fiscal
1514-year 2023 and each year thereafter. The amount held in
1515-reserve in State fiscal years 2021, 2022, and 2023
1516-shall not be less than $6.5 million. Disbursements
1517-under this subparagraph (D) shall be prioritized as
1518-follows: (i) consolidation grants prioritized under
1519-subsection (a) of Section 15.4b of this Act; (ii)
1520-NG9-1-1 expenses; and (iii) consolidation grants under
1521-Section 15.4b of this Act for consolidation expenses
1522-incurred between January 1, 2010, and January 1, 2016.
1523-(E) All remaining funds per remit month shall be
1524-used to make monthly disbursements to the appropriate
1525-9-1-1 Authority currently taking wireless 9-1-1 based
1526-
1527-
1528-upon the United States Postal Zip Code of the billing
1529-addresses of subscribers of wireless carriers.
1530-(c) The moneys deposited into the Statewide 9-1-1 Fund
1531-under this Section shall not be subject to administrative
1532-charges or chargebacks unless otherwise authorized by this
1533-Act.
1534-(d) Whenever two or more 9-1-1 Authorities consolidate,
1535-the resulting Joint Emergency Telephone System Board shall be
1536-entitled to the monthly payments that had theretofore been
1537-made to each consolidating 9-1-1 Authority. Any reserves held
1538-by any consolidating 9-1-1 Authority shall be transferred to
1539-the resulting Joint Emergency Telephone System Board. Whenever
1540-a county that has no 9-1-1 service as of January 1, 2016 enters
1541-into an agreement to consolidate to create or join a Joint
1542-Emergency Telephone System Board, the Joint Emergency
1543-Telephone System Board shall be entitled to the monthly
1544-payments that would have otherwise been paid to the county if
1545-it had provided 9-1-1 service.
1546-(Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21;
1547-102-813, eff. 5-13-22; 103-366, eff. 1-1-24.)
1548-(50 ILCS 750/35)
1549-(Text of Section before amendment by P.A. 103-366)
1550-(Section scheduled to be repealed on December 31, 2025)
1551-Sec. 35. 9-1-1 surcharge; allowable expenditures. Except
1552-as otherwise provided in this Act, expenditures from surcharge
1553-
1554-
1555-revenues received under this Act may be made by
1556-municipalities, counties, and 9-1-1 Authorities only to pay
1557-for the costs associated with the following:
1558-(1) The design of the Emergency Telephone System.
1559-(2) The coding of an initial Master Street Address
1560-Guide database, and update and maintenance thereof.
1561-(3) The repayment of any moneys advanced for the
1562-implementation of the system.
1563-(4) The charges for Automatic Number Identification
1564-and Automatic Location Identification equipment, a
1565-computer aided dispatch system that records, maintains,
1566-and integrates information, mobile data transmitters
1567-equipped with automatic vehicle locators, and maintenance,
1568-replacement, and update thereof to increase operational
1569-efficiency and improve the provision of emergency
1570-services.
1571-(5) The non-recurring charges related to installation
1572-of the Emergency Telephone System.
1573-(6) The initial acquisition and installation, or the
1574-reimbursement of costs therefor to other governmental
1575-bodies that have incurred those costs, of road or street
1576-signs that are essential to the implementation of the
1577-Emergency Telephone System and that are not duplicative of
1578-signs that are the responsibility of the jurisdiction
1579-charged with maintaining road and street signs. Funds may
1580-not be used for ongoing expenses associated with road or
1581-
1582-
1583-street sign maintenance and replacement.
1584-(7) Other products and services necessary for the
1585-implementation, upgrade, and maintenance of the system and
1586-any other purpose related to the operation of the system,
1587-including costs attributable directly to the construction,
1588-leasing, or maintenance of any buildings or facilities or
1589-costs of personnel attributable directly to the operation
1590-of the system. Costs attributable directly to the
1591-operation of an emergency telephone system do not include
1592-the costs of public safety agency personnel who are and
1593-equipment that is dispatched in response to an emergency
1594-call.
1595-(8) The defraying of expenses incurred to implement
1596-Next Generation 9-1-1, subject to the conditions set forth
1597-in this Act.
1598-(9) The implementation of a computer aided dispatch
1599-system or hosted supplemental 9-1-1 services.
1600-(10) The design, implementation, operation,
1601-maintenance, or upgrade of wireless 9-1-1, E9-1-1, or
1602-NG9-1-1 emergency services and public safety answering
1603-points.
1604-In the case of a municipality with a population over
1605-500,000, moneys may also be used for any anti-terrorism or
1606-emergency preparedness measures, including, but not limited
1607-to, preparedness planning, providing local matching funds for
1608-federal or State grants, personnel training, and specialized
1609-
1610-
1611-equipment, including surveillance cameras, as needed to deal
1612-with natural and terrorist-inspired emergency situations or
1613-events.
1614-(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
1615-(Text of Section after amendment by P.A. 103-366)
1616-(Section scheduled to be repealed on December 31, 2025)
1617-Sec. 35. 9-1-1 surcharge; allowable expenditures.
1618-(a) Except as otherwise provided in this Act, expenditures
1619-from surcharge revenues received under this Act shall be made
1620-consistent with 47 CFR 9.23, which include the following:
1621-(1) support and implementation of 9-1-1 services
1622-provided by or in the State or taxing jurisdiction
1623-imposing the fee or charge; and
1624-(2) operational expenses of public safety answering
1625-points within the State. Examples of allowable
1626-expenditures include, but are not limited to:
1627-(A) PSAP operating costs, including lease,
1628-purchase, maintenance, replacement, and upgrade of
1629-customer premises equipment (hardware and software),
1630-CAD equipment (hardware and software), and the PSAP
1631-building and facility and including NG9-1-1,
1632-cybersecurity, pre-arrival instructions, and emergency
1633-notification systems. PSAP operating costs include
1634-technological innovation that supports 9-1-1;
1635-(B) PSAP personnel costs, including
1636-
1637-
1638-telecommunicators' salaries and training;
1639-(C) PSAP administration, including costs for
1640-administration of 9-1-1 services and travel expenses
1641-associated with the provision of 9-1-1 services;
1642-(D) integrating public safety and first responder
1643-dispatch and 9-1-1 systems, including lease, purchase,
1644-maintenance, and upgrade of CAD equipment (hardware
1645-and software) to support integrated 9-1-1 and public
1646-safety dispatch operations; and
1647-(E) providing the interoperability of 9-1-1
1648-systems with one another and with public safety and
1649-first responder radio systems; and .
1650-(F) costs for the initial acquisition and
1651-installation of road or street signs that are
1652-essential to the implementation of the Emergency
1653-Telephone System and that are not duplicative of signs
1654-that are the responsibility of the jurisdiction
1655-charged with maintaining road and street signs, as
1656-well as costs incurred to reimburse governmental
1657-bodies for the acquisition and installation of those
1658-signs, except that expenditures may not be used for
1659-ongoing expenses associated with sign maintenance and
1660-replacement.
1661-(3) (Blank).
1662-(4) (Blank).
1663-(5) (Blank).
1664-
1665-
1666-(6) (Blank).
1667-(7) (Blank).
1668-(8) (Blank).
1669-(9) (Blank).
1670-(10) (Blank).
1671-(b) The obligation or expenditure of surcharge revenues
1672-received under this Act for a purpose or function inconsistent
1673-with 47 CFR 9.23 and this Section shall constitute diversion,
1674-which undermines the purpose of this Act by depriving the
1675-9-1-1 system of the funds it needs to function effectively and
1676-to modernize 9-1-1 operations. Examples of diversion include,
1677-but are not limited to:
1678-(1) transfer of 9-1-1 fees into a State or other
1679-jurisdiction's general fund or other fund for non-9-1-1
1680-purposes;
1681-(2) use of surcharge revenues for equipment or
1682-infrastructure for constructing or expanding
1683-non-public-safety communications networks (e.g.,
1684-commercial cellular networks); and
1685-(3) use of surcharge revenues for equipment or
1686-infrastructure for law enforcement, firefighters, and
1687-other public safety or first responder entities that does
1688-not directly support providing 9-1-1 services.
1689-(c) In the case of a municipality with a population over
1690-500,000, moneys may also be used for any anti-terrorism or
1691-emergency preparedness measures, including, but not limited
1692-
1693-
1694-to, preparedness planning, providing local matching funds for
1695-federal or State grants, personnel training, and specialized
1696-equipment, including surveillance cameras, as needed to deal
1697-with natural and terrorist-inspired emergency situations or
1698-events.
1699-(Source: P.A. 103-366, eff. 1-1-24.)
1700-Section 35. The Prepaid Wireless 9-1-1 Surcharge Act is
1701-amended by changing Section 15 as follows:
1702-(50 ILCS 753/15)
1703-Sec. 15. Prepaid wireless 9-1-1 surcharge.
1704-(a) Until September 30, 2015, there is hereby imposed on
1705-consumers a prepaid wireless 9-1-1 surcharge of 1.5% per
1706-retail transaction. Beginning October 1, 2015, the prepaid
1707-wireless 9-1-1 surcharge shall be 3% per retail transaction.
1708-Until December 31, 2023, the The surcharge authorized by this
1709-subsection (a) does not apply in a home rule municipality
1710-having a population in excess of 500,000.
1711-(a-5) On or after the effective date of this amendatory
1712-Act of the 98th General Assembly and until December 31, 2023, a
1713-home rule municipality having a population in excess of
1714-500,000 on the effective date of this amendatory Act may
1715-impose a prepaid wireless 9-1-1 surcharge not to exceed 9% per
1716-retail transaction sourced to that jurisdiction and collected
1717-and remitted in accordance with the provisions of subsection
1718-
1719-
1720-(b-5) of this Section.
1721-(b) The prepaid wireless 9-1-1 surcharge shall be
1722-collected by the seller from the consumer with respect to each
1723-retail transaction occurring in this State and shall be
1724-remitted to the Department by the seller as provided in this
1725-Act. The amount of the prepaid wireless 9-1-1 surcharge shall
1726-be separately stated as a distinct item apart from the charge
1727-for the prepaid wireless telecommunications service on an
1728-invoice, receipt, or other similar document that is provided
1729-to the consumer by the seller or shall be otherwise disclosed
1730-to the consumer. If the seller does not separately state the
1731-surcharge as a distinct item to the consumer as provided in
1732-this Section, then the seller shall maintain books and records
1733-as required by this Act which clearly identify the amount of
1734-the 9-1-1 surcharge for retail transactions.
1735-For purposes of this subsection (b), a retail transaction
1736-occurs in this State if (i) the retail transaction is made in
1737-person by a consumer at the seller's business location and the
1738-business is located within the State; (ii) the seller is a
1739-provider and sells prepaid wireless telecommunications service
1740-to a consumer located in Illinois; (iii) the retail
1741-transaction is treated as occurring in this State for purposes
1742-of the Retailers' Occupation Tax Act; or (iv) a seller that is
1743-included within the definition of a "retailer maintaining a
1744-place of business in this State" under Section 2 of the Use Tax
1745-Act makes a sale of prepaid wireless telecommunications
1746-
1747-
1748-service to a consumer located in Illinois. In the case of a
1749-retail transaction which does not occur in person at a
1750-seller's business location, if a consumer uses a credit card
1751-to purchase prepaid wireless telecommunications service
1752-on-line or over the telephone, and no product is shipped to the
1753-consumer, the transaction occurs in this State if the billing
1754-address for the consumer's credit card is in this State.
1755-(b-5) The prepaid wireless 9-1-1 surcharge imposed under
1756-subsection (a-5) of this Section shall be collected by the
1757-seller from the consumer with respect to each retail
1758-transaction occurring in the municipality imposing the
1759-surcharge. The amount of the prepaid wireless 9-1-1 surcharge
1760-shall be separately stated on an invoice, receipt, or other
1761-similar document that is provided to the consumer by the
1762-seller or shall be otherwise disclosed to the consumer. If the
1763-seller does not separately state the surcharge as a distinct
1764-item to the consumer as provided in this Section, then the
1765-seller shall maintain books and records as required by this
1766-Act which clearly identify the amount of the 9-1-1 surcharge
1767-for retail transactions.
1768-For purposes of this subsection (b-5), a retail
1769-transaction occurs in the municipality if (i) the retail
1770-transaction is made in person by a consumer at the seller's
1771-business location and the business is located within the
1772-municipality; (ii) the seller is a provider and sells prepaid
1773-wireless telecommunications service to a consumer located in
1774-
1775-
1776-the municipality; (iii) the retail transaction is treated as
1777-occurring in the municipality for purposes of the Retailers'
1778-Occupation Tax Act; or (iv) a seller that is included within
1779-the definition of a "retailer maintaining a place of business
1780-in this State" under Section 2 of the Use Tax Act makes a sale
1781-of prepaid wireless telecommunications service to a consumer
1782-located in the municipality. In the case of a retail
1783-transaction which does not occur in person at a seller's
1784-business location, if a consumer uses a credit card to
1785-purchase prepaid wireless telecommunications service on-line
1786-or over the telephone, and no product is shipped to the
1787-consumer, the transaction occurs in the municipality if the
1788-billing address for the consumer's credit card is in the
1789-municipality.
1790-(c) The prepaid wireless 9-1-1 surcharge is imposed on the
1791-consumer and not on any provider. The seller shall be liable to
1792-remit all prepaid wireless 9-1-1 surcharges that the seller
1793-collects from consumers as provided in Section 20, including
1794-all such surcharges that the seller is deemed to collect where
1795-the amount of the surcharge has not been separately stated on
1796-an invoice, receipt, or other similar document provided to the
1797-consumer by the seller. The surcharge collected or deemed
1798-collected by a seller shall constitute a debt owed by the
1799-seller to this State, and any such surcharge actually
1800-collected shall be held in trust for the benefit of the
1801-Department.
1802-
1803-
1804-For purposes of this subsection (c), the surcharge shall
1805-not be imposed or collected from entities that have an active
1806-tax exemption identification number issued by the Department
1807-under Section 1g of the Retailers' Occupation Tax Act.
1808-(d) The amount of the prepaid wireless 9-1-1 surcharge
1809-that is collected by a seller from a consumer, if such amount
1810-is separately stated on an invoice, receipt, or other similar
1811-document provided to the consumer by the seller, shall not be
1812-included in the base for measuring any tax, fee, surcharge, or
1813-other charge that is imposed by this State, any political
1814-subdivision of this State, or any intergovernmental agency.
1815-(e) (Blank).
1816-(e-5) Any changes in the rate of the surcharge imposed by a
1817-municipality under the authority granted in subsection (a-5)
1818-of this Section shall be effective on the first day of the
1819-first calendar month to occur at least 60 days after the
1820-enactment of the change. The Department shall provide not less
1821-than 30 days' notice of the increase or reduction in the rate
1822-of such surcharge on the Department's website.
1823-(f) When prepaid wireless telecommunications service is
1824-sold with one or more other products or services for a single,
1825-non-itemized price, then the percentage specified in
1826-subsection (a) or (a-5) of this Section 15 shall be applied to
1827-the entire non-itemized price unless the seller elects to
1828-apply the percentage to (i) the dollar amount of the prepaid
1829-wireless telecommunications service if that dollar amount is
1830-
1831-
1832-disclosed to the consumer or (ii) the portion of the price that
1833-is attributable to the prepaid wireless telecommunications
1834-service if the retailer can identify that portion by
1835-reasonable and verifiable standards from its books and records
1836-that are kept in the regular course of business for other
1837-purposes, including, but not limited to, books and records
1838-that are kept for non-tax purposes. However, if a minimal
1839-amount of prepaid wireless telecommunications service is sold
1840-with a prepaid wireless device for a single, non-itemized
1841-price, then the seller may elect not to apply the percentage
1842-specified in subsection (a) or (a-5) of this Section 15 to such
1843-transaction. For purposes of this subsection, an amount of
1844-service denominated as 10 minutes or less or $5 or less is
1845-considered minimal.
1846-(g) The prepaid wireless 9-1-1 surcharge imposed under
1847-subsections (a) and (a-5) of this Section is not imposed on the
1848-provider or the consumer for wireless Lifeline service where
1849-the consumer does not pay the provider for the service. Where
1850-the consumer purchases from the provider optional minutes,
1851-texts, or other services in addition to the federally funded
1852-Lifeline benefit, a consumer must pay the prepaid wireless
1853-9-1-1 surcharge, and it must be collected by the seller
1854-according to subsection (b-5).
1855-(Source: P.A. 102-9, eff. 6-3-21.)
1856-Section 40. The School Code is amended by changing
1857-
1858-
1859-Sections 21B-20, 27-20.3, and 27-21 and by renumbering and
1860-changing Section 22-95, as added by Public Act 103-46, as
1861-follows:
1862-(105 ILCS 5/21B-20)
1863-(Text of Section before amendment by P.A. 103-193)
1864-Sec. 21B-20. Types of licenses. The State Board of
1865-Education shall implement a system of educator licensure,
1866-whereby individuals employed in school districts who are
1867-required to be licensed must have one of the following
1868-licenses: (i) a professional educator license; (ii) an
1869-educator license with stipulations; (iii) a substitute
1870-teaching license; or (iv) until June 30, 2028, a short-term
1871-substitute teaching license. References in law regarding
1872-individuals certified or certificated or required to be
1873-certified or certificated under Article 21 of this Code shall
1874-also include individuals licensed or required to be licensed
1875-under this Article. The first year of all licenses ends on June
1876-30 following one full year of the license being issued.
1877-The State Board of Education, in consultation with the
1878-State Educator Preparation and Licensure Board, may adopt such
1879-rules as may be necessary to govern the requirements for
1880-licenses and endorsements under this Section.
1881-(1) Professional Educator License. Persons who (i)
1882-have successfully completed an approved educator
1883-preparation program and are recommended for licensure by
1884-
1885-
1886-the Illinois institution offering the educator preparation
1887-program, (ii) have successfully completed the required
1888-testing under Section 21B-30 of this Code, (iii) have
1889-successfully completed coursework on the psychology of,
1890-the identification of, and the methods of instruction for
1891-the exceptional child, including, without limitation,
1892-children with learning disabilities, (iv) have
1893-successfully completed coursework in methods of reading
1894-and reading in the content area, and (v) have met all other
1895-criteria established by rule of the State Board of
1896-Education shall be issued a Professional Educator License.
1897-All Professional Educator Licenses are valid until June 30
1898-immediately following 5 years of the license being issued.
1899-The Professional Educator License shall be endorsed with
1900-specific areas and grade levels in which the individual is
1901-eligible to practice. For an early childhood education
1902-endorsement, an individual may satisfy the student
1903-teaching requirement of his or her early childhood teacher
1904-preparation program through placement in a setting with
1905-children from birth through grade 2, and the individual
1906-may be paid and receive credit while student teaching. The
1907-student teaching experience must meet the requirements of
1908-and be approved by the individual's early childhood
1909-teacher preparation program.
1910-Individuals can receive subsequent endorsements on the
1911-Professional Educator License. Subsequent endorsements
1912-
1913-
1914-shall require a minimum of 24 semester hours of coursework
1915-in the endorsement area and passage of the applicable
1916-content area test, unless otherwise specified by rule.
1917-(2) Educator License with Stipulations. An Educator
1918-License with Stipulations shall be issued an endorsement
1919-that limits the license holder to one particular position
1920-or does not require completion of an approved educator
1921-program or both.
1922-An individual with an Educator License with
1923-Stipulations must not be employed by a school district or
1924-any other entity to replace any presently employed teacher
1925-who otherwise would not be replaced for any reason.
1926-An Educator License with Stipulations may be issued
1927-with the following endorsements:
1928-(A) (Blank).
1929-(B) Alternative provisional educator. An
1930-alternative provisional educator endorsement on an
1931-Educator License with Stipulations may be issued to an
1932-applicant who, at the time of applying for the
1933-endorsement, has done all of the following:
1934-(i) Graduated from a regionally accredited
1935-college or university with a minimum of a
1936-bachelor's degree.
1937-(ii) Successfully completed the first phase of
1938-the Alternative Educator Licensure Program for
1939-Teachers, as described in Section 21B-50 of this
1940-
1941-
1942-Code.
1943-(iii) Passed a content area test, as required
1944-under Section 21B-30 of this Code.
1945-The alternative provisional educator endorsement is
1946-valid for 2 years of teaching and may be renewed for a
1947-third year by an individual meeting the requirements set
1948-forth in Section 21B-50 of this Code.
1949-(C) Alternative provisional superintendent. An
1950-alternative provisional superintendent endorsement on
1951-an Educator License with Stipulations entitles the
1952-holder to serve only as a superintendent or assistant
1953-superintendent in a school district's central office.
1954-This endorsement may only be issued to an applicant
1955-who, at the time of applying for the endorsement, has
1956-done all of the following:
1957-(i) Graduated from a regionally accredited
1958-college or university with a minimum of a master's
1959-degree in a management field other than education.
1960-(ii) Been employed for a period of at least 5
1961-years in a management level position in a field
1962-other than education.
1963-(iii) Successfully completed the first phase
1964-of an alternative route to superintendent
1965-endorsement program, as provided in Section 21B-55
1966-of this Code.
1967-(iv) Passed a content area test required under
1968-
1969-
1970-Section 21B-30 of this Code.
1971-The endorsement is valid for 2 fiscal years in
1972-order to complete one full year of serving as a
1973-superintendent or assistant superintendent.
1974-(D) (Blank).
1975-(E) Career and technical educator. A career and
1976-technical educator endorsement on an Educator License
1977-with Stipulations may be issued to an applicant who
1978-has a minimum of 60 semester hours of coursework from a
1979-regionally accredited institution of higher education
1980-or an accredited trade and technical institution and
1981-has a minimum of 2,000 hours of experience outside of
1982-education in each area to be taught.
1983-The career and technical educator endorsement on
1984-an Educator License with Stipulations is valid until
1985-June 30 immediately following 5 years of the
1986-endorsement being issued and may be renewed.
1987-An individual who holds a valid career and
1988-technical educator endorsement on an Educator License
1989-with Stipulations but does not hold a bachelor's
1990-degree may substitute teach in career and technical
1991-education classrooms.
1992-(F) (Blank).
1993-(G) Transitional bilingual educator. A
1994-transitional bilingual educator endorsement on an
1995-Educator License with Stipulations may be issued for
1996-
1997-
1998-the purpose of providing instruction in accordance
1999-with Article 14C of this Code to an applicant who
2000-provides satisfactory evidence that he or she meets
2001-all of the following requirements:
2002-(i) Possesses adequate speaking, reading, and
2003-writing ability in the language other than English
2004-in which transitional bilingual education is
2005-offered.
2006-(ii) Has the ability to successfully
2007-communicate in English.
2008-(iii) Either possessed, within 5 years
2009-previous to his or her applying for a transitional
2010-bilingual educator endorsement, a valid and
2011-comparable teaching certificate or comparable
2012-authorization issued by a foreign country or holds
2013-a degree from an institution of higher learning in
2014-a foreign country that the State Educator
2015-Preparation and Licensure Board determines to be
2016-the equivalent of a bachelor's degree from a
2017-regionally accredited institution of higher
2018-learning in the United States.
2019-A transitional bilingual educator endorsement
2020-shall be valid for prekindergarten through grade 12,
2021-is valid until June 30 immediately following 5 years
2022-of the endorsement being issued, and shall not be
2023-renewed.
2024-
2025-
2026-Persons holding a transitional bilingual educator
2027-endorsement shall not be employed to replace any
2028-presently employed teacher who otherwise would not be
2029-replaced for any reason.
2030-(H) Language endorsement. In an effort to
2031-alleviate the shortage of teachers speaking a language
2032-other than English in the public schools, an
2033-individual who holds an Educator License with
2034-Stipulations may also apply for a language
2035-endorsement, provided that the applicant provides
2036-satisfactory evidence that he or she meets all of the
2037-following requirements:
2038-(i) Holds a transitional bilingual
2039-endorsement.
2040-(ii) Has demonstrated proficiency in the
2041-language for which the endorsement is to be issued
2042-by passing the applicable language content test
2043-required by the State Board of Education.
2044-(iii) Holds a bachelor's degree or higher from
2045-a regionally accredited institution of higher
2046-education or, for individuals educated in a
2047-country other than the United States, holds a
2048-degree from an institution of higher learning in a
2049-foreign country that the State Educator
2050-Preparation and Licensure Board determines to be
2051-the equivalent of a bachelor's degree from a
2052-
2053-
2054-regionally accredited institution of higher
2055-learning in the United States.
2056-(iv) (Blank).
2057-A language endorsement on an Educator License with
2058-Stipulations is valid for prekindergarten through
2059-grade 12 for the same validity period as the
2060-individual's transitional bilingual educator
2061-endorsement on the Educator License with Stipulations
2062-and shall not be renewed.
2063-(I) Visiting international educator. A visiting
2064-international educator endorsement on an Educator
2065-License with Stipulations may be issued to an
2066-individual who is being recruited by a particular
2067-school district that conducts formal recruitment
2068-programs outside of the United States to secure the
2069-services of qualified teachers and who meets all of
2070-the following requirements:
2071-(i) Holds the equivalent of a minimum of a
2072-bachelor's degree issued in the United States.
2073-(ii) Has been prepared as a teacher at the
2074-grade level for which he or she will be employed.
2075-(iii) Has adequate content knowledge in the
2076-subject to be taught.
2077-(iv) Has an adequate command of the English
2078-language.
2079-A holder of a visiting international educator
2080-
2081-
2082-endorsement on an Educator License with Stipulations
2083-shall be permitted to teach in bilingual education
2084-programs in the language that was the medium of
2085-instruction in his or her teacher preparation program,
2086-provided that he or she passes the English Language
2087-Proficiency Examination or another test of writing
2088-skills in English identified by the State Board of
2089-Education, in consultation with the State Educator
2090-Preparation and Licensure Board.
2091-A visiting international educator endorsement on
2092-an Educator License with Stipulations is valid for 5
2093-years and shall not be renewed.
2094-(J) Paraprofessional educator. A paraprofessional
2095-educator endorsement on an Educator License with
2096-Stipulations may be issued to an applicant who holds a
2097-high school diploma or its recognized equivalent and
2098-(i) holds an associate's degree or a minimum of 60
2099-semester hours of credit from a regionally accredited
2100-institution of higher education; (ii) has passed a
2101-paraprofessional competency test under subsection
2102-(c-5) of Section 21B-30; or (iii) is at least 18 years
2103-of age and will be using the Educator License with
2104-Stipulations exclusively for grades prekindergarten
2105-through grade 8, until the individual reaches the age
2106-of 19 years and otherwise meets the criteria for a
2107-paraprofessional educator endorsement pursuant to this
2108-
2109-
2110-subparagraph (J). The paraprofessional educator
2111-endorsement is valid until June 30 immediately
2112-following 5 years of the endorsement being issued and
2113-may be renewed through application and payment of the
2114-appropriate fee, as required under Section 21B-40 of
2115-this Code. An individual who holds only a
2116-paraprofessional educator endorsement is not subject
2117-to additional requirements in order to renew the
2118-endorsement.
2119-(K) Chief school business official. A chief school
2120-business official endorsement on an Educator License
2121-with Stipulations may be issued to an applicant who
2122-qualifies by having a master's degree or higher, 2
2123-years of full-time administrative experience in school
2124-business management or 2 years of university-approved
2125-practical experience, and a minimum of 24 semester
2126-hours of graduate credit in a program approved by the
2127-State Board of Education for the preparation of school
2128-business administrators and by passage of the
2129-applicable State tests, including an applicable
2130-content area test.
2131-The chief school business official endorsement may
2132-also be affixed to the Educator License with
2133-Stipulations of any holder who qualifies by having a
2134-master's degree in business administration, finance,
2135-accounting, or public administration and who completes
2136-
2137-
2138-an additional 6 semester hours of internship in school
2139-business management from a regionally accredited
2140-institution of higher education and passes the
2141-applicable State tests, including an applicable
2142-content area test. This endorsement shall be required
2143-for any individual employed as a chief school business
2144-official.
2145-The chief school business official endorsement on
2146-an Educator License with Stipulations is valid until
2147-June 30 immediately following 5 years of the
2148-endorsement being issued and may be renewed if the
2149-license holder completes renewal requirements as
2150-required for individuals who hold a Professional
2151-Educator License endorsed for chief school business
2152-official under Section 21B-45 of this Code and such
2153-rules as may be adopted by the State Board of
2154-Education.
2155-The State Board of Education shall adopt any rules
2156-necessary to implement Public Act 100-288.
2157-(L) Provisional in-state educator. A provisional
2158-in-state educator endorsement on an Educator License
2159-with Stipulations may be issued to a candidate who has
2160-completed an Illinois-approved educator preparation
2161-program at an Illinois institution of higher education
2162-and who has not successfully completed an
2163-evidence-based assessment of teacher effectiveness but
2164-
2165-
2166-who meets all of the following requirements:
2167-(i) Holds at least a bachelor's degree.
2168-(ii) Has completed an approved educator
2169-preparation program at an Illinois institution.
2170-(iii) Has passed an applicable content area
2171-test, as required by Section 21B-30 of this Code.
2172-(iv) Has attempted an evidence-based
2173-assessment of teacher effectiveness and received a
2174-minimum score on that assessment, as established
2175-by the State Board of Education in consultation
2176-with the State Educator Preparation and Licensure
2177-Board.
2178-A provisional in-state educator endorsement on an
2179-Educator License with Stipulations is valid for one
2180-full fiscal year after the date of issuance and may not
2181-be renewed.
2182-(M) (Blank).
2183-(N) Specialized services. A specialized services
2184-endorsement on an Educator License with Stipulations
2185-may be issued as defined and specified by rule.
2186-(O) Provisional career and technical educator. A
2187-provisional career and technical educator endorsement
2188-on an Educator License with Stipulations may be issued
2189-to an applicant who has a minimum of 8,000 hours of
2190-work experience in the skill for which the applicant
2191-is seeking the endorsement. Each employing school
2192-
2193-
2194-board and regional office of education shall provide
2195-verification, in writing, to the State Superintendent
2196-of Education at the time the application is submitted
2197-that no qualified teacher holding a Professional
2198-Educator License or an Educator License with
2199-Stipulations with a career and technical educator
2200-endorsement is available to teach and that actual
2201-circumstances require such issuance.
2202-A provisional career and technical educator
2203-endorsement on an Educator License with Stipulations
2204-is valid until June 30 immediately following 5 years
2205-of the endorsement being issued and may be renewed.
2206-An individual who holds a provisional career and
2207-technical educator endorsement on an Educator License
2208-with Stipulations may teach as a substitute teacher in
2209-career and technical education classrooms.
2210-(3) Substitute Teaching License. A Substitute Teaching
2211-License may be issued to qualified applicants for
2212-substitute teaching in all grades of the public schools,
2213-prekindergarten through grade 12. Substitute Teaching
2214-Licenses are not eligible for endorsements. Applicants for
2215-a Substitute Teaching License must hold a bachelor's
2216-degree or higher from a regionally accredited institution
2217-of higher education or must be enrolled in an approved
2218-educator preparation program in this State and have earned
2219-at least 90 credit hours.
2220-
2221-
2222-Substitute Teaching Licenses are valid for 5 years.
2223-Substitute Teaching Licenses are valid for substitute
2224-teaching in every county of this State. If an individual
2225-has had his or her Professional Educator License or
2226-Educator License with Stipulations suspended or revoked,
2227-then that individual is not eligible to obtain a
2228-Substitute Teaching License.
2229-A substitute teacher may only teach in the place of a
2230-licensed teacher who is under contract with the employing
2231-board. If, however, there is no licensed teacher under
2232-contract because of an emergency situation, then a
2233-district may employ a substitute teacher for no longer
2234-than 30 calendar days per each vacant position in the
2235-district if the district notifies the appropriate regional
2236-office of education within 5 business days after the
2237-employment of the substitute teacher in the emergency
2238-situation. An emergency situation is one in which an
2239-unforeseen vacancy has occurred and (i) a teacher is
2240-unable to fulfill his or her contractual duties or (ii)
2241-teacher capacity needs of the district exceed previous
2242-indications, and the district is actively engaged in
2243-advertising to hire a fully licensed teacher for the
2244-vacant position.
2245-There is no limit on the number of days that a
2246-substitute teacher may teach in a single school district,
2247-provided that no substitute teacher may teach for longer
2248-
2249-
2250-than 120 days beginning with the 2021-2022 school year
2251-through the 2022-2023 school year, otherwise 90 school
2252-days for any one licensed teacher under contract in the
2253-same school year. A substitute teacher who holds a
2254-Professional Educator License or Educator License with
2255-Stipulations shall not teach for more than 120 school days
2256-for any one licensed teacher under contract in the same
2257-school year. The limitations in this paragraph (3) on the
2258-number of days a substitute teacher may be employed do not
2259-apply to any school district operating under Article 34 of
2260-this Code.
2261-A school district may not require an individual who
2262-holds a valid Professional Educator License or Educator
2263-License with Stipulations to seek or hold a Substitute
2264-Teaching License to teach as a substitute teacher.
2265-(4) Short-Term Substitute Teaching License. Beginning
2266-on July 1, 2018 and until June 30, 2028, applicants may
2267-apply to the State Board of Education for issuance of a
2268-Short-Term Substitute Teaching License. A Short-Term
2269-Substitute Teaching License may be issued to a qualified
2270-applicant for substitute teaching in all grades of the
2271-public schools, prekindergarten through grade 12.
2272-Short-Term Substitute Teaching Licenses are not eligible
2273-for endorsements. Applicants for a Short-Term Substitute
2274-Teaching License must hold an associate's degree or have
2275-completed at least 60 credit hours from a regionally
2276-
2277-
2278-accredited institution of higher education.
2279-Short-Term Substitute Teaching Licenses are valid for
2280-substitute teaching in every county of this State. If an
2281-individual has had his or her Professional Educator
2282-License or Educator License with Stipulations suspended or
2283-revoked, then that individual is not eligible to obtain a
2284-Short-Term Substitute Teaching License.
2285-The provisions of Sections 10-21.9 and 34-18.5 of this
2286-Code apply to short-term substitute teachers.
2287-An individual holding a Short-Term Substitute Teaching
2288-License may teach no more than 15 consecutive days per
2289-licensed teacher who is under contract. For teacher
2290-absences lasting 6 or more days per licensed teacher who
2291-is under contract, a school district may not hire an
2292-individual holding a Short-Term Substitute Teaching
2293-License, unless the Governor has declared a disaster due
2294-to a public health emergency pursuant to Section 7 of the
2295-Illinois Emergency Management Agency Act. An individual
2296-holding a Short-Term Substitute Teaching License must
2297-complete the training program under Section 10-20.67 or
2298-34-18.60 of this Code to be eligible to teach at a public
2299-school. Short-Term Substitute Teaching Licenses Short-term
2300-substitute teaching licenses under this Section are valid
2301-for 5 years.
2302-(Source: P.A. 102-711, eff. 1-1-23; 102-712, eff. 4-27-22;
2303-102-713, eff. 1-1-23; 102-717, eff. 4-29-22; 102-894, eff.
2304-
2305-
2306-5-20-22; 103-111, eff. 6-29-23; 103-154, eff. 6-30-23; revised
2307-9-7-23.)
2308-(Text of Section after amendment by P.A. 103-193)
2309-Sec. 21B-20. Types of licenses. The State Board of
2310-Education shall implement a system of educator licensure,
2311-whereby individuals employed in school districts who are
2312-required to be licensed must have one of the following
2313-licenses: (i) a professional educator license; (ii) an
2314-educator license with stipulations; (iii) a substitute
2315-teaching license; or (iv) until June 30, 2028, a short-term
2316-substitute teaching license. References in law regarding
2317-individuals certified or certificated or required to be
2318-certified or certificated under Article 21 of this Code shall
2319-also include individuals licensed or required to be licensed
2320-under this Article. The first year of all licenses ends on June
2321-30 following one full year of the license being issued.
2322-The State Board of Education, in consultation with the
2323-State Educator Preparation and Licensure Board, may adopt such
2324-rules as may be necessary to govern the requirements for
2325-licenses and endorsements under this Section.
2326-(1) Professional Educator License. Persons who (i)
2327-have successfully completed an approved educator
2328-preparation program and are recommended for licensure by
2329-the Illinois institution offering the educator preparation
2330-program, (ii) have successfully completed the required
2331-
2332-
2333-testing under Section 21B-30 of this Code, (iii) have
2334-successfully completed coursework on the psychology of,
2335-the identification of, and the methods of instruction for
2336-the exceptional child, including, without limitation,
2337-children with learning disabilities, (iv) have
2338-successfully completed coursework in methods of reading
2339-and reading in the content area, and (v) have met all other
2340-criteria established by rule of the State Board of
2341-Education shall be issued a Professional Educator License.
2342-All Professional Educator Licenses are valid until June 30
2343-immediately following 5 years of the license being issued.
2344-The Professional Educator License shall be endorsed with
2345-specific areas and grade levels in which the individual is
2346-eligible to practice. For an early childhood education
2347-endorsement, an individual may satisfy the student
2348-teaching requirement of his or her early childhood teacher
2349-preparation program through placement in a setting with
2350-children from birth through grade 2, and the individual
2351-may be paid and receive credit while student teaching. The
2352-student teaching experience must meet the requirements of
2353-and be approved by the individual's early childhood
2354-teacher preparation program.
2355-Individuals can receive subsequent endorsements on the
2356-Professional Educator License. Subsequent endorsements
2357-shall require a minimum of 24 semester hours of coursework
2358-in the endorsement area and passage of the applicable
2359-
2360-
2361-content area test, unless otherwise specified by rule.
2362-(2) Educator License with Stipulations. An Educator
2363-License with Stipulations shall be issued an endorsement
2364-that limits the license holder to one particular position
2365-or does not require completion of an approved educator
2366-program or both.
2367-An individual with an Educator License with
2368-Stipulations must not be employed by a school district or
2369-any other entity to replace any presently employed teacher
2370-who otherwise would not be replaced for any reason.
2371-An Educator License with Stipulations may be issued
2372-with the following endorsements:
2373-(A) (Blank).
2374-(B) Alternative provisional educator. An
2375-alternative provisional educator endorsement on an
2376-Educator License with Stipulations may be issued to an
2377-applicant who, at the time of applying for the
2378-endorsement, has done all of the following:
2379-(i) Graduated from a regionally accredited
2380-college or university with a minimum of a
2381-bachelor's degree.
2382-(ii) Successfully completed the first phase of
2383-the Alternative Educator Licensure Program for
2384-Teachers, as described in Section 21B-50 of this
2385-Code.
2386-(iii) Passed a content area test, as required
2387-
2388-
2389-under Section 21B-30 of this Code.
2390-The alternative provisional educator endorsement is
2391-valid for 2 years of teaching and may be renewed for a
2392-third year by an individual meeting the requirements set
2393-forth in Section 21B-50 of this Code.
2394-(C) Alternative provisional superintendent. An
2395-alternative provisional superintendent endorsement on
2396-an Educator License with Stipulations entitles the
2397-holder to serve only as a superintendent or assistant
2398-superintendent in a school district's central office.
2399-This endorsement may only be issued to an applicant
2400-who, at the time of applying for the endorsement, has
2401-done all of the following:
2402-(i) Graduated from a regionally accredited
2403-college or university with a minimum of a master's
2404-degree in a management field other than education.
2405-(ii) Been employed for a period of at least 5
2406-years in a management level position in a field
2407-other than education.
2408-(iii) Successfully completed the first phase
2409-of an alternative route to superintendent
2410-endorsement program, as provided in Section 21B-55
2411-of this Code.
2412-(iv) Passed a content area test required under
2413-Section 21B-30 of this Code.
2414-The endorsement is valid for 2 fiscal years in
2415-
2416-
2417-order to complete one full year of serving as a
2418-superintendent or assistant superintendent.
2419-(D) (Blank).
2420-(E) Career and technical educator. A career and
2421-technical educator endorsement on an Educator License
2422-with Stipulations may be issued to an applicant who
2423-has a minimum of 60 semester hours of coursework from a
2424-regionally accredited institution of higher education
2425-or an accredited trade and technical institution and
2426-has a minimum of 2,000 hours of experience outside of
2427-education in each area to be taught.
2428-The career and technical educator endorsement on
2429-an Educator License with Stipulations is valid until
2430-June 30 immediately following 5 years of the
2431-endorsement being issued and may be renewed.
2432-An individual who holds a valid career and
2433-technical educator endorsement on an Educator License
2434-with Stipulations but does not hold a bachelor's
2435-degree may substitute teach in career and technical
2436-education classrooms.
2437-(F) (Blank).
2438-(G) Transitional bilingual educator. A
2439-transitional bilingual educator endorsement on an
2440-Educator License with Stipulations may be issued for
2441-the purpose of providing instruction in accordance
2442-with Article 14C of this Code to an applicant who
2443-
2444-
2445-provides satisfactory evidence that he or she meets
2446-all of the following requirements:
2447-(i) Possesses adequate speaking, reading, and
2448-writing ability in the language other than English
2449-in which transitional bilingual education is
2450-offered.
2451-(ii) Has the ability to successfully
2452-communicate in English.
2453-(iii) Either possessed, within 5 years
2454-previous to his or her applying for a transitional
2455-bilingual educator endorsement, a valid and
2456-comparable teaching certificate or comparable
2457-authorization issued by a foreign country or holds
2458-a degree from an institution of higher learning in
2459-a foreign country that the State Educator
2460-Preparation and Licensure Board determines to be
2461-the equivalent of a bachelor's degree from a
2462-regionally accredited institution of higher
2463-learning in the United States.
2464-A transitional bilingual educator endorsement
2465-shall be valid for prekindergarten through grade 12,
2466-is valid until June 30 immediately following 5 years
2467-of the endorsement being issued, and shall not be
2468-renewed.
2469-Persons holding a transitional bilingual educator
2470-endorsement shall not be employed to replace any
2471-
2472-
2473-presently employed teacher who otherwise would not be
2474-replaced for any reason.
2475-(H) Language endorsement. In an effort to
2476-alleviate the shortage of teachers speaking a language
2477-other than English in the public schools, an
2478-individual who holds an Educator License with
2479-Stipulations may also apply for a language
2480-endorsement, provided that the applicant provides
2481-satisfactory evidence that he or she meets all of the
2482-following requirements:
2483-(i) Holds a transitional bilingual
2484-endorsement.
2485-(ii) Has demonstrated proficiency in the
2486-language for which the endorsement is to be issued
2487-by passing the applicable language content test
2488-required by the State Board of Education.
2489-(iii) Holds a bachelor's degree or higher from
2490-a regionally accredited institution of higher
2491-education or, for individuals educated in a
2492-country other than the United States, holds a
2493-degree from an institution of higher learning in a
2494-foreign country that the State Educator
2495-Preparation and Licensure Board determines to be
2496-the equivalent of a bachelor's degree from a
2497-regionally accredited institution of higher
2498-learning in the United States.
2499-
2500-
2501-(iv) (Blank).
2502-A language endorsement on an Educator License with
2503-Stipulations is valid for prekindergarten through
2504-grade 12 for the same validity period as the
2505-individual's transitional bilingual educator
2506-endorsement on the Educator License with Stipulations
2507-and shall not be renewed.
2508-(I) Visiting international educator. A visiting
2509-international educator endorsement on an Educator
2510-License with Stipulations may be issued to an
2511-individual who is being recruited by a particular
2512-school district that conducts formal recruitment
2513-programs outside of the United States to secure the
2514-services of qualified teachers and who meets all of
2515-the following requirements:
2516-(i) Holds the equivalent of a minimum of a
2517-bachelor's degree issued in the United States.
2518-(ii) Has been prepared as a teacher at the
2519-grade level for which he or she will be employed.
2520-(iii) Has adequate content knowledge in the
2521-subject to be taught.
2522-(iv) Has an adequate command of the English
2523-language.
2524-A holder of a visiting international educator
2525-endorsement on an Educator License with Stipulations
2526-shall be permitted to teach in bilingual education
2527-
2528-
2529-programs in the language that was the medium of
2530-instruction in his or her teacher preparation program,
2531-provided that he or she passes the English Language
2532-Proficiency Examination or another test of writing
2533-skills in English identified by the State Board of
2534-Education, in consultation with the State Educator
2535-Preparation and Licensure Board.
2536-A visiting international educator endorsement on
2537-an Educator License with Stipulations is valid for 5
2538-years and shall not be renewed.
2539-(J) Paraprofessional educator. A paraprofessional
2540-educator endorsement on an Educator License with
2541-Stipulations may be issued to an applicant who holds a
2542-high school diploma or its recognized equivalent and
2543-(i) holds an associate's degree or a minimum of 60
2544-semester hours of credit from a regionally accredited
2545-institution of higher education; (ii) has passed a
2546-paraprofessional competency test under subsection
2547-(c-5) of Section 21B-30; or (iii) is at least 18 years
2548-of age and will be using the Educator License with
2549-Stipulations exclusively for grades prekindergarten
2550-through grade 8, until the individual reaches the age
2551-of 19 years and otherwise meets the criteria for a
2552-paraprofessional educator endorsement pursuant to this
2553-subparagraph (J). The paraprofessional educator
2554-endorsement is valid until June 30 immediately
2555-
2556-
2557-following 5 years of the endorsement being issued and
2558-may be renewed through application and payment of the
2559-appropriate fee, as required under Section 21B-40 of
2560-this Code. An individual who holds only a
2561-paraprofessional educator endorsement is not subject
2562-to additional requirements in order to renew the
2563-endorsement.
2564-(K) Chief school business official. A chief school
2565-business official endorsement on an Educator License
2566-with Stipulations may be issued to an applicant who
2567-qualifies by having a master's degree or higher, 2
2568-years of full-time administrative experience in school
2569-business management or 2 years of university-approved
2570-practical experience, and a minimum of 24 semester
2571-hours of graduate credit in a program approved by the
2572-State Board of Education for the preparation of school
2573-business administrators and by passage of the
2574-applicable State tests, including an applicable
2575-content area test.
2576-The chief school business official endorsement may
2577-also be affixed to the Educator License with
2578-Stipulations of any holder who qualifies by having a
2579-master's degree in business administration, finance,
2580-accounting, or public administration and who completes
2581-an additional 6 semester hours of internship in school
2582-business management from a regionally accredited
2583-
2584-
2585-institution of higher education and passes the
2586-applicable State tests, including an applicable
2587-content area test. This endorsement shall be required
2588-for any individual employed as a chief school business
2589-official.
2590-The chief school business official endorsement on
2591-an Educator License with Stipulations is valid until
2592-June 30 immediately following 5 years of the
2593-endorsement being issued and may be renewed if the
2594-license holder completes renewal requirements as
2595-required for individuals who hold a Professional
2596-Educator License endorsed for chief school business
2597-official under Section 21B-45 of this Code and such
2598-rules as may be adopted by the State Board of
2599-Education.
2600-The State Board of Education shall adopt any rules
2601-necessary to implement Public Act 100-288.
2602-(L) Provisional in-state educator. A provisional
2603-in-state educator endorsement on an Educator License
2604-with Stipulations may be issued to a candidate who has
2605-completed an Illinois-approved educator preparation
2606-program at an Illinois institution of higher education
2607-and who has not successfully completed an
2608-evidence-based assessment of teacher effectiveness but
2609-who meets all of the following requirements:
2610-(i) Holds at least a bachelor's degree.
2611-
2612-
2613-(ii) Has completed an approved educator
2614-preparation program at an Illinois institution.
2615-(iii) Has passed an applicable content area
2616-test, as required by Section 21B-30 of this Code.
2617-(iv) Has attempted an evidence-based
2618-assessment of teacher effectiveness and received a
2619-minimum score on that assessment, as established
2620-by the State Board of Education in consultation
2621-with the State Educator Preparation and Licensure
2622-Board.
2623-A provisional in-state educator endorsement on an
2624-Educator License with Stipulations is valid for one
2625-full fiscal year after the date of issuance and may not
2626-be renewed.
2627-(M) (Blank).
2628-(N) Specialized services. A specialized services
2629-endorsement on an Educator License with Stipulations
2630-may be issued as defined and specified by rule.
2631-(O) Provisional career and technical educator. A
2632-provisional career and technical educator endorsement
2633-on an Educator License with Stipulations may be issued
2634-to an applicant who has a minimum of 8,000 hours of
2635-work experience in the skill for which the applicant
2636-is seeking the endorsement. Each employing school
2637-board and regional office of education shall provide
2638-verification, in writing, to the State Superintendent
2639-
2640-
2641-of Education at the time the application is submitted
2642-that no qualified teacher holding a Professional
2643-Educator License or an Educator License with
2644-Stipulations with a career and technical educator
2645-endorsement is available to teach and that actual
2646-circumstances require such issuance.
2647-A provisional career and technical educator
2648-endorsement on an Educator License with Stipulations
2649-is valid until June 30 immediately following 5 years
2650-of the endorsement being issued and may be renewed.
2651-An individual who holds a provisional career and
2652-technical educator endorsement on an Educator License
2653-with Stipulations may teach as a substitute teacher in
2654-career and technical education classrooms.
2655-(3) Substitute Teaching License. A Substitute Teaching
2656-License may be issued to qualified applicants for
2657-substitute teaching in all grades of the public schools,
2658-prekindergarten through grade 12. Substitute Teaching
2659-Licenses are not eligible for endorsements. Applicants for
2660-a Substitute Teaching License must hold a bachelor's
2661-degree or higher from a regionally accredited institution
2662-of higher education or must be enrolled in an approved
2663-educator preparation program in this State and have earned
2664-at least 90 credit hours.
2665-Substitute Teaching Licenses are valid for 5 years.
2666-Substitute Teaching Licenses are valid for substitute
2667-
2668-
2669-teaching in every county of this State. If an individual
2670-has had his or her Professional Educator License or
2671-Educator License with Stipulations suspended or revoked,
2672-then that individual is not eligible to obtain a
2673-Substitute Teaching License.
2674-A substitute teacher may only teach in the place of a
2675-licensed teacher who is under contract with the employing
2676-board. If, however, there is no licensed teacher under
2677-contract because of an emergency situation, then a
2678-district may employ a substitute teacher for no longer
2679-than 30 calendar days per each vacant position in the
2680-district if the district notifies the appropriate regional
2681-office of education within 5 business days after the
2682-employment of the substitute teacher in that vacant
2683-position. A district may continue to employ that same
2684-substitute teacher in that same vacant position for 90
2685-calendar days or until the end of the semester, whichever
2686-is greater, if, prior to the expiration of the
2687-30-calendar-day period then current, the district files a
2688-written request with the appropriate regional office of
2689-education for a 30-calendar-day extension on the basis
2690-that the position remains vacant and the district
2691-continues to actively seek qualified candidates and
2692-provides documentation that it has provided training
2693-specific to the position, including training on meeting
2694-the needs of students with disabilities and English
2695-
2696-
2697-learners if applicable. Each extension request shall be
2698-granted in writing by the regional office of education. An
2699-emergency situation is one in which an unforeseen vacancy
2700-has occurred and (i) a teacher is unexpectedly unable to
2701-fulfill his or her contractual duties or (ii) teacher
2702-capacity needs of the district exceed previous indications
2703-or vacancies are unfilled due to a lack of qualified
2704-candidates, and the district is actively engaged in
2705-advertising to hire a fully licensed teacher for the
2706-vacant position.
2707-There is no limit on the number of days that a
2708-substitute teacher may teach in a single school district,
2709-provided that no substitute teacher may teach for longer
2710-than 120 days beginning with the 2021-2022 school year
2711-through the 2022-2023 school year, otherwise 90 school
2712-days for any one licensed teacher under contract in the
2713-same school year. A substitute teacher who holds a
2714-Professional Educator License or Educator License with
2715-Stipulations shall not teach for more than 120 school days
2716-for any one licensed teacher under contract in the same
2717-school year. The limitations in this paragraph (3) on the
2718-number of days a substitute teacher may be employed do not
2719-apply to any school district operating under Article 34 of
2720-this Code.
2721-A school district may not require an individual who
2722-holds a valid Professional Educator License or Educator
2723-
2724-
2725-License with Stipulations to seek or hold a Substitute
2726-Teaching License to teach as a substitute teacher.
2727-(4) Short-Term Substitute Teaching License. Beginning
2728-on July 1, 2018 and until June 30, 2028, applicants may
2729-apply to the State Board of Education for issuance of a
2730-Short-Term Substitute Teaching License. A Short-Term
2731-Substitute Teaching License may be issued to a qualified
2732-applicant for substitute teaching in all grades of the
2733-public schools, prekindergarten through grade 12.
2734-Short-Term Substitute Teaching Licenses are not eligible
2735-for endorsements. Applicants for a Short-Term Substitute
2736-Teaching License must hold an associate's degree or have
2737-completed at least 60 credit hours from a regionally
2738-accredited institution of higher education.
2739-Short-Term Substitute Teaching Licenses are valid for
2740-substitute teaching in every county of this State. If an
2741-individual has had his or her Professional Educator
2742-License or Educator License with Stipulations suspended or
2743-revoked, then that individual is not eligible to obtain a
2744-Short-Term Substitute Teaching License.
2745-The provisions of Sections 10-21.9 and 34-18.5 of this
2746-Code apply to short-term substitute teachers.
2747-An individual holding a Short-Term Substitute Teaching
2748-License may teach no more than 15 consecutive days per
2749-licensed teacher who is under contract. For teacher
2750-absences lasting 6 or more days per licensed teacher who
2751-
2752-
2753-is under contract, a school district may not hire an
2754-individual holding a Short-Term Substitute Teaching
2755-License, unless the Governor has declared a disaster due
2756-to a public health emergency pursuant to Section 7 of the
2757-Illinois Emergency Management Agency Act. An individual
2758-holding a Short-Term Substitute Teaching License must
2759-complete the training program under Section 10-20.67 or
2760-34-18.60 of this Code to be eligible to teach at a public
2761-school. Short-Term Substitute Teaching Licenses Short-term
2762-substitute teaching licenses under this Section are valid
2763-for 5 years.
2764-(Source: P.A. 102-711, eff. 1-1-23; 102-712, eff. 4-27-22;
2765-102-713, eff. 1-1-23; 102-717, eff. 4-29-22; 102-894, eff.
2766-5-20-22; 103-111, eff. 6-29-23; 103-154, eff. 6-30-23;
2767-103-193, eff. 1-1-24; revised 9-7-23.)
2768-(105 ILCS 5/22-96)
2769-(This Section may contain text from a Public Act with a
2770-delayed effective date)
2771-Sec. 22-96 22-95. Hiring or assigning priority.
2772-(a) When hiring or assigning physical education, music,
2773-and visual arts educators, a school district must prioritize
2774-the hiring or assigning of educators who hold an educator
2775-license and endorsement in the those content area to be taught
2776-areas.
2777-(b) A licensed professional educator assigned to physical
2778-
2779-
2780-education, music, or visual arts who does not hold an
2781-endorsement in the content area to be taught licensure
2782-applicant must acquire short-term approval under Part 25 of
2783-Title 23 of the Illinois Administrative Code by the State
2784-Board of Education pass the licensure content area test for
2785-the content area he or she is assigned to teach or complete at
2786-least 9 semester hours of coursework in the content area to be
2787-taught prior to his or her assignment or employment start
2788-date. If no short-term approval is available in the content
2789-area to be taught, the licensed educator shall meet equivalent
2790-criteria specified by the State Board of Education. In order
2791-to retain his or her employment for subsequent school years,
2792-the educator employee must acquire the full endorsement in the
2793-content area to be taught prior to the end of the validity
2794-period of the short-term approval complete the remaining hours
2795-of coursework in the content area in which he or she is
2796-teaching and apply for a license endorsement within 3 calendar
2797-years after his or her employment start date.
2798-(c) In the case of a reduction in force, a school district
2799-may follow its employee contract language for filling
2800-positions.
2801-(d) Instead of holding the credentials specified in
2802-subsection (a) or (b) of this Section, an educator assigned to
2803-a position under this Section may meet any requirements set
2804-forth under Title 23 of the Illinois Administrative Code as
2805-applicable to the content area to be taught, except that
2806-
2807-
2808-subsection (b) of Section 1.710 of Title 23 of the Illinois
2809-Administrative Code does not apply to an educator assigned to
2810-a position under this subsection (d).
2811-(Source: P.A. 103-46, eff. 1-1-24; revised 9-25-23.)
2812-(105 ILCS 5/27-20.3) (from Ch. 122, par. 27-20.3)
2813-Sec. 27-20.3. Holocaust and Genocide Study.
2814-(a) Every public elementary school and high school shall
2815-include in its curriculum a unit of instruction studying the
2816-events of the Nazi atrocities of 1933 to 1945. This period in
2817-world history is known as the Holocaust, during which
2818-6,000,000 Jews and millions of non-Jews were exterminated. One
2819-of the universal lessons of the Holocaust is that national,
2820-ethnic, racial, or religious hatred can overtake any nation or
2821-society, leading to calamitous consequences. To reinforce that
2822-lesson, such curriculum shall include an additional unit of
2823-instruction studying other acts of genocide across the globe.
2824-This unit shall include, but not be limited to, the Native
2825-American genocide in North America, the Armenian Genocide, the
2826-Famine-Genocide in Ukraine, and more recent atrocities in
2827-Cambodia, Bosnia, Rwanda, and Sudan. The studying of this
2828-material is a reaffirmation of the commitment of free peoples
2829-from all nations to never again permit the occurrence of
2830-another Holocaust and a recognition that crimes of genocide
2831-continue to be perpetrated across the globe as they have been
2832-in the past and to deter indifference to crimes against
2833-
2834-
2835-humanity and human suffering wherever they may occur.
2836-(b) The State Superintendent of Education may prepare and
2837-make available to all school boards instructional materials
2838-which may be used as guidelines for development of a unit of
2839-instruction under this Section; provided, however, that each
2840-school board shall itself determine the minimum amount of
2841-instruction time which shall qualify as a unit of instruction
2842-satisfying the requirements of this Section.
2843-Instructional materials that include the addition of
2844-content related to the Native American genocide in North
2845-America shall be prepared and made available to all school
2846-boards on the State Board of Education's Internet website no
2847-later than July 1, 2024 January 1, 2025. Notwithstanding
2848-subsection (a) of this Section, a school is not required to
2849-teach the additional content related to the Native American
2850-genocide in North America until instructional materials are
2851-made available on the State Board's Internet website.
2852-Instructional materials related to the Native American
2853-genocide in North America shall be developed in consultation
2854-with members of the Chicago American Indian Community
2855-Collaborative who are members of a federally recognized tribe,
2856-are documented descendants of Indigenous communities, or are
2857-other persons recognized as contributing community members by
2858-the Chicago American Indian Community Collaborative and who
2859-currently reside in this State or their designees.
2860-(Source: P.A. 103-422, eff. 8-4-23.)
2861-
2862-
2863-(105 ILCS 5/27-21) (from Ch. 122, par. 27-21)
2864-Sec. 27-21. History of United States.
2865-(a) History of the United States shall be taught in all
2866-public schools and in all other educational institutions in
2867-this State supported or maintained, in whole or in part, by
2868-public funds.
2869-The teaching of history shall have as one of its
2870-objectives the imparting to pupils of a comprehensive idea of
2871-our democratic form of government and the principles for which
2872-our government stands as regards other nations, including the
2873-studying of the place of our government in world-wide
2874-movements and the leaders thereof, with particular stress upon
2875-the basic principles and ideals of our representative form of
2876-government.
2877-The teaching of history shall include a study of the role
2878-and contributions of African Americans and other ethnic
2879-groups, including, but not restricted to, Native Americans,
2880-Polish, Lithuanian, German, Hungarian, Irish, Bohemian,
2881-Russian, Albanian, Italian, Czech, Slovak, French, Scots,
2882-Hispanics, Asian Americans, etc., in the history of this
2883-country and this State. To reinforce the study of the role and
2884-contributions of Hispanics, such curriculum shall include the
2885-study of the events related to the forceful removal and
2886-illegal deportation of Mexican-American U.S. citizens during
2887-the Great Depression.
2888-
2889-
2890-The teaching of history shall also include teaching about
2891-Native American nations' sovereignty and self-determination,
2892-both historically and in the present day, with a focus on urban
2893-Native Americans.
2894-In public schools only, the teaching of history shall
2895-include a study of the roles and contributions of lesbian,
2896-gay, bisexual, and transgender people in the history of this
2897-country and this State.
2898-The teaching of history also shall include a study of the
2899-role of labor unions and their interaction with government in
2900-achieving the goals of a mixed free enterprise system.
2901-Beginning with the 2020-2021 school year, the teaching of
2902-history must also include instruction on the history of
2903-Illinois.
2904-The teaching of history shall include the contributions
2905-made to society by Americans of different faith practices,
2906-including, but not limited to, Native Americans, Muslim
2907-Americans, Jewish Americans, Christian Americans, Hindu
2908-Americans, Sikh Americans, Buddhist Americans, and any other
2909-collective community of faith that has shaped America.
2910-(b) No pupils shall be graduated from the eighth grade of
2911-any public school unless the pupils have received instruction
2912-in the history of the United States as provided in this Section
2913-and give evidence of having a comprehensive knowledge thereof,
2914-which may be administered remotely.
2915-(c) The State Superintendent of Education may prepare and
2916-
2917-
2918-make available to all school boards instructional materials
2919-that may be used as guidelines for the development of
2920-instruction under this Section; however, each school board
2921-shall itself determine the minimum amount of instructional
2922-time required for satisfying the requirements of this Section.
2923-Instructional materials that include the addition of content
2924-related to Native Americans shall be prepared by the State
2925-Superintendent of Education and made available to all school
2926-boards on the State Board of Education's Internet website no
2927-later than July 1, 2024 January 1, 2025. These instructional
2928-materials may be used by school boards as guidelines for the
2929-development of instruction under this Section; however, each
2930-school board shall itself determine the minimum amount of
2931-instructional time for satisfying the requirements of this
2932-Section. Notwithstanding subsections (a) and (b) of this
2933-Section, a school or other educational institution is not
2934-required to teach and a pupil is not required to learn the
2935-additional content related to Native Americans until
2936-instructional materials are made available on the State
2937-Board's Internet website.
2938-Instructional materials related to Native Americans shall
2939-be developed in consultation with members of the Chicago
2940-American Indian Community Collaborative who are members of a
2941-federally recognized tribe, are documented descendants of
2942-Indigenous communities, or are other persons recognized as
2943-contributing community members by the Chicago American Indian
2944-
2945-
2946-Community Collaborative and who currently reside in this
2947-State.
2948-(Source: P.A. 102-411, eff. 1-1-22; 103-422, eff. 8-4-23.)
2949-Section 45. The Child Care Act of 1969 is amended by
2950-changing Sections 2.06 and 2.17 and by adding Section 2.35 as
2951-follows:
2952-(225 ILCS 10/2.06) (from Ch. 23, par. 2212.06)
2953-Sec. 2.06. "Child care institution" means a child care
2954-facility where more than 7 children are received and
2955-maintained for the purpose of providing them with care or
2956-training or both. The term "child care institution" includes
2957-residential schools, primarily serving ambulatory children
2958-with disabilities, and those operating a full calendar year,
2959-but does not include:
2960-(a) any State-operated institution for child care
2961-established by legislative action;
2962-(b) any juvenile detention or shelter care home
2963-established and operated by any county or child protection
2964-district established under the "Child Protection Act";
2965-(c) any institution, home, place or facility operating
2966-under a license pursuant to the Nursing Home Care Act, the
2967-Specialized Mental Health Rehabilitation Act of 2013, the
2968-ID/DD Community Care Act, or the MC/DD Act;
2969-(d) any bona fide boarding school in which children
2970-
2971-
2972-are primarily taught branches of education corresponding
2973-to those taught in public schools, grades one through 12,
2974-or taught in public elementary schools, high schools, or
2975-both elementary and high schools, and which operates on a
2976-regular academic school year basis; or
2977-(e) any facility licensed as a "group home" as defined
2978-in this Act; or .
2979-(f) any qualified residential treatment program.
2980-(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15;
2981-99-180, eff. 7-29-15; 99-642, eff. 7-28-16.)
2982-(225 ILCS 10/2.17) (from Ch. 23, par. 2212.17)
2983-Sec. 2.17. "Foster family home" means the home of an
2984-individual or family:
2985-(1) that is licensed or approved by the state in which it
2986-is situated as a foster family home that meets the standards
2987-established for the licensing or approval; and
2988-(2) in which a child in foster care has been placed in the
2989-care of an individual who resides with the child and who has
2990-been licensed or approved by the state to be a foster parent
2991-and:
2992-(A) who the Department of Children and Family Services
2993-deems capable of adhering to the reasonable and prudent
2994-parent standard;
2995-(B) who provides 24-hour substitute care for children
2996-placed away from their parents or other caretakers; and
2997-
2998-
2999-(3) who provides the care for a facility for child care in
3000-residences of families who receive no more than 6 children
3001-unrelated to them, unless all the children are of common
3002-parentage, or residences of relatives who receive no more than
3003-6 related children placed by the Department, unless the
3004-children are of common parentage, for the purpose of providing
3005-family care and training for the children on a full-time
3006-basis, except the Director of Children and Family Services,
3007-pursuant to Department regulations, may waive the numerical
3008-limitation of foster children who may be cared for in a foster
3009-family home for any of the following reasons to allow: (i) (1)
3010-a parenting youth in foster care to remain with the child of
3011-the parenting youth; (ii) (2) siblings to remain together;
3012-(iii) (3) a child with an established meaningful relationship
3013-with the family to remain with the family; or (iv) (4) a family
3014-with special training or skills to provide care to a child who
3015-has a severe disability. The family's or relative's own
3016-children, under 18 years of age, shall be included in
3017-determining the maximum number of children served.
3018-For purposes of this Section, a "relative" includes any
3019-person, 21 years of age or over, other than the parent, who (i)
3020-is currently related to the child in any of the following ways
3021-by blood or adoption: grandparent, sibling, great-grandparent,
3022-uncle, aunt, nephew, niece, first cousin, great-uncle, or
3023-great-aunt; or (ii) is the spouse of such a relative; or (iii)
3024-is a child's step-father, step-mother, or adult step-brother
3025-
3026-
3027-or step-sister; or (iv) is a fictive kin; "relative" also
3028-includes a person related in any of the foregoing ways to a
3029-sibling of a child, even though the person is not related to
3030-the child, when the child and its sibling are placed together
3031-with that person. For purposes of placement of children
3032-pursuant to Section 7 of the Children and Family Services Act
3033-and for purposes of licensing requirements set forth in
3034-Section 4 of this Act, for children under the custody or
3035-guardianship of the Department pursuant to the Juvenile Court
3036-Act of 1987, after a parent signs a consent, surrender, or
3037-waiver or after a parent's rights are otherwise terminated,
3038-and while the child remains in the custody or guardianship of
3039-the Department, the child is considered to be related to those
3040-to whom the child was related under this Section prior to the
3041-signing of the consent, surrender, or waiver or the order of
3042-termination of parental rights.
3043-The term "foster family home" includes homes receiving
3044-children from any State-operated institution for child care;
3045-or from any agency established by a municipality or other
3046-political subdivision of the State of Illinois authorized to
3047-provide care for children outside their own homes. The term
3048-"foster family home" does not include an "adoption-only home"
3049-as defined in Section 2.23 of this Act. The types of foster
3050-family homes are defined as follows:
3051-(a) "Boarding home" means a foster family home which
3052-receives payment for regular full-time care of a child or
3053-
3054-
3055-children.
3056-(b) "Free home" means a foster family home other than
3057-an adoptive home which does not receive payments for the
3058-care of a child or children.
3059-(c) "Adoptive home" means a foster family home which
3060-receives a child or children for the purpose of adopting
3061-the child or children, but does not include an
3062-adoption-only home.
3063-(d) "Work-wage home" means a foster family home which
3064-receives a child or children who pay part or all of their
3065-board by rendering some services to the family not
3066-prohibited by the Child Labor Law or by standards or
3067-regulations of the Department prescribed under this Act.
3068-The child or children may receive a wage in connection
3069-with the services rendered the foster family.
3070-(e) "Agency-supervised home" means a foster family
3071-home under the direct and regular supervision of a
3072-licensed child welfare agency, of the Department of
3073-Children and Family Services, of a circuit court, or of
3074-any other State agency which has authority to place
3075-children in child care facilities, and which receives no
3076-more than 8 children, unless of common parentage, who are
3077-placed and are regularly supervised by one of the
3078-specified agencies.
3079-(f) "Independent home" means a foster family home,
3080-other than an adoptive home, which receives no more than 4
3081-
3082-
3083-children, unless of common parentage, directly from
3084-parents, or other legally responsible persons, by
3085-independent arrangement and which is not subject to direct
3086-and regular supervision of a specified agency except as
3087-such supervision pertains to licensing by the Department.
3088-(g) "Host home" means an emergency foster family home
3089-under the direction and regular supervision of a licensed
3090-child welfare agency, contracted to provide short-term
3091-crisis intervention services to youth served under the
3092-Comprehensive Community-Based Youth Services program,
3093-under the direction of the Department of Human Services.
3094-The youth shall not be under the custody or guardianship
3095-of the Department pursuant to the Juvenile Court Act of
3096-1987.
3097-(Source: P.A. 101-63, eff. 7-12-19; 102-688, eff. 7-1-22.)
3098-(225 ILCS 10/2.35 new)
3099-Sec. 2.35. Qualified residential treatment program.
3100-"Qualified residential treatment program" means a program
3101-that:
3102-(1) has a trauma-informed treatment model that is
3103-designed to address the needs, including clinical needs as
3104-appropriate, of children with serious emotional or
3105-behavioral disorders or disturbances and, with respect to
3106-a child, is able to implement the treatment identified for
3107-the child by the assessment of the child required under 42
3108-
3109-
3110-U.S.C. 675a(c);
3111-(2) whether by acquisition of direct employment or
3112-otherwise, has registered or licensed nursing staff and
3113-other licensed clinical staff who:
3114-(A) provide care within the scope of their
3115-practice as defined by law;
3116-(B) are located on-site; and
3117-(C) are available 24 hours a day, 7 days a week;
3118-(3) to the extent appropriate, and in accordance with
3119-the child's best interests, facilitates participation of
3120-family members in the child's treatment program;
3121-(4) facilitates outreach to the family members of the
3122-child, including siblings, documents how the outreach is
3123-made, including contact information, and maintains contact
3124-information for any known biological family and fictive
3125-kin of the child;
3126-(5) documents how family members are integrated into
3127-the treatment process for the child, including
3128-post-discharge, and how sibling connections are
3129-maintained;
3130-(6) provides discharge planning and family-based
3131-aftercare support for at least 6 months post-discharge;
3132-and
3133-(7) is licensed in accordance with this Act and is
3134-accredited by any of the following independent,
3135-not-for-profit organizations:
3136-
3137-
3138-(A) the Commission on Accreditation of
3139-Rehabilitation Facilities;
3140-(B) the Joint Commission;
3141-(C) the Council on Accreditation; or
3142-(D) any other independent, not-for-profit
3143-accrediting organization approved by the Secretary of
3144-Health and Human Services as described in 42 U.S.C.
3145-672 (k)(4).
3146-Section 50. The Laser System Act of 1997 is amended by
3147-changing Section 16 as follows:
3148-(420 ILCS 56/16)
3149-Sec. 16. Laser safety officers.
3150-(a) Each laser installation whose function is for the use
3151-of a temporary laser display shall use a laser safety officer.
3152-(b) The Agency shall adopt rules specifying minimum
3153-training and experience requirements for laser safety
3154-officers. The requirements shall be specific to the evaluation
3155-and control of laser hazards for different types of laser
3156-systems and the purpose for which a laser system is used.
3157-(c) If a laser safety officer encounters noncompliance
3158-with this Act or rules adopted under this Act in the course of
3159-performing duties as a laser safety officer, then the laser
3160-safety officer shall report that noncompliance to the Agency
3161-as soon as practical to protect public health and safety.
3162-
3163-
3164-(d) No person may act as a laser safety officer or
3165-advertise or use any title implying qualification as a laser
3166-safety officer unless the person meets the training and
3167-experience requirements of this Act and the training and
3168-experience requirements established by the Agency under
3169-subsection (b).
3170-(Source: P.A. 103-277, eff. 7-28-23.)
3171-Section 55. The Juvenile Court Act of 1987 is amended by
3172-changing Section 1-3 as follows:
3173-(705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
3174-Sec. 1-3. Definitions. Terms used in this Act, unless the
3175-context otherwise requires, have the following meanings
3176-ascribed to them:
3177-(1) "Adjudicatory hearing" means a hearing to determine
3178-whether the allegations of a petition under Section 2-13,
3179-3-15, or 4-12 that a minor under 18 years of age is abused,
3180-neglected, or dependent, or requires authoritative
3181-intervention, or addicted, respectively, are supported by a
3182-preponderance of the evidence or whether the allegations of a
3183-petition under Section 5-520 that a minor is delinquent are
3184-proved beyond a reasonable doubt.
3185-(2) "Adult" means a person 21 years of age or older.
3186-(3) "Agency" means a public or private child care facility
3187-legally authorized or licensed by this State for placement or
3188-
3189-
3190-institutional care or for both placement and institutional
3191-care.
3192-(4) "Association" means any organization, public or
3193-private, engaged in welfare functions which include services
3194-to or on behalf of children but does not include "agency" as
3195-herein defined.
3196-(4.05) Whenever a "best interest" determination is
3197-required, the following factors shall be considered in the
3198-context of the child's age and developmental needs:
3199-(a) the physical safety and welfare of the child,
3200-including food, shelter, health, and clothing;
3201-(b) the development of the child's identity;
3202-(c) the child's background and ties, including
3203-familial, cultural, and religious;
3204-(d) the child's sense of attachments, including:
3205-(i) where the child actually feels love,
3206-attachment, and a sense of being valued (as opposed to
3207-where adults believe the child should feel such love,
3208-attachment, and a sense of being valued);
3209-(ii) the child's sense of security;
3210-(iii) the child's sense of familiarity;
3211-(iv) continuity of affection for the child;
3212-(v) the least disruptive placement alternative for
3213-the child;
3214-(e) the child's wishes and long-term goals;
3215-(f) the child's community ties, including church,
3216-
3217-
3218-school, and friends;
3219-(g) the child's need for permanence which includes the
3220-child's need for stability and continuity of relationships
3221-with parent figures and with siblings and other relatives;
3222-(h) the uniqueness of every family and child;
3223-(i) the risks attendant to entering and being in
3224-substitute care; and
3225-(j) the preferences of the persons available to care
3226-for the child.
3227-(4.1) "Chronic truant" shall have the definition ascribed
3228-to it in Section 26-2a of the School Code.
3229-(5) "Court" means the circuit court in a session or
3230-division assigned to hear proceedings under this Act.
3231-(6) "Dispositional hearing" means a hearing to determine
3232-whether a minor should be adjudged to be a ward of the court,
3233-and to determine what order of disposition should be made in
3234-respect to a minor adjudged to be a ward of the court.
3235-(6.5) "Dissemination" or "disseminate" means to publish,
3236-produce, print, manufacture, distribute, sell, lease, exhibit,
3237-broadcast, display, transmit, or otherwise share information
3238-in any format so as to make the information accessible to
3239-others.
3240-(7) "Emancipated minor" means any minor 16 years of age or
3241-over who has been completely or partially emancipated under
3242-the Emancipation of Minors Act or under this Act.
3243-(7.03) "Expunge" means to physically destroy the records
3244-
3245-
3246-and to obliterate the minor's name from any official index,
3247-public record, or electronic database.
3248-(7.05) "Foster parent" includes a relative caregiver
3249-selected by the Department of Children and Family Services to
3250-provide care for the minor.
3251-(8) "Guardianship of the person" of a minor means the duty
3252-and authority to act in the best interests of the minor,
3253-subject to residual parental rights and responsibilities, to
3254-make important decisions in matters having a permanent effect
3255-on the life and development of the minor and to be concerned
3256-with the minor's general welfare. It includes but is not
3257-necessarily limited to:
3258-(a) the authority to consent to marriage, to
3259-enlistment in the armed forces of the United States, or to
3260-a major medical, psychiatric, and surgical treatment; to
3261-represent the minor in legal actions; and to make other
3262-decisions of substantial legal significance concerning the
3263-minor;
3264-(b) the authority and duty of reasonable visitation,
3265-except to the extent that these have been limited in the
3266-best interests of the minor by court order;
3267-(c) the rights and responsibilities of legal custody
3268-except where legal custody has been vested in another
3269-person or agency; and
3270-(d) the power to consent to the adoption of the minor,
3271-but only if expressly conferred on the guardian in
3272-
3273-
3274-accordance with Section 2-29, 3-30, or 4-27.
3275-(8.1) "Juvenile court record" includes, but is not limited
3276-to:
3277-(a) all documents filed in or maintained by the
3278-juvenile court pertaining to a specific incident,
3279-proceeding, or individual;
3280-(b) all documents relating to a specific incident,
3281-proceeding, or individual made available to or maintained
3282-by probation officers;
3283-(c) all documents, video or audio tapes, photographs,
3284-and exhibits admitted into evidence at juvenile court
3285-hearings; or
3286-(d) all documents, transcripts, records, reports, or
3287-other evidence prepared by, maintained by, or released by
3288-any municipal, county, or State agency or department, in
3289-any format, if indicating involvement with the juvenile
3290-court relating to a specific incident, proceeding, or
3291-individual.
3292-(8.2) "Juvenile law enforcement record" includes records
3293-of arrest, station adjustments, fingerprints, probation
3294-adjustments, the issuance of a notice to appear, or any other
3295-records or documents maintained by any law enforcement agency
3296-relating to a minor suspected of committing an offense, and
3297-records maintained by a law enforcement agency that identifies
3298-a juvenile as a suspect in committing an offense, but does not
3299-include records identifying a juvenile as a victim, witness,
3300-
3301-
3302-or missing juvenile and any records created, maintained, or
3303-used for purposes of referral to programs relating to
3304-diversion as defined in subsection (6) of Section 5-105.
3305-(9) "Legal custody" means the relationship created by an
3306-order of court in the best interests of the minor which imposes
3307-on the custodian the responsibility of physical possession of
3308-a minor and the duty to protect, train and discipline the minor
3309-and to provide the minor with food, shelter, education, and
3310-ordinary medical care, except as these are limited by residual
3311-parental rights and responsibilities and the rights and
3312-responsibilities of the guardian of the person, if any.
3313-(9.1) "Mentally capable adult relative" means a person 21
3314-years of age or older who is not suffering from a mental
3315-illness that prevents the person from providing the care
3316-necessary to safeguard the physical safety and welfare of a
3317-minor who is left in that person's care by the parent or
3318-parents or other person responsible for the minor's welfare.
3319-(10) "Minor" means a person under the age of 21 years
3320-subject to this Act.
3321-(11) "Parent" means a father or mother of a child and
3322-includes any adoptive parent. It also includes a person (i)
3323-whose parentage is presumed or has been established under the
3324-law of this or another jurisdiction or (ii) who has registered
3325-with the Putative Father Registry in accordance with Section
3326-12.1 of the Adoption Act and whose paternity has not been ruled
3327-out under the law of this or another jurisdiction. It does not
3328-
3329-
3330-include a parent whose rights in respect to the minor have been
3331-terminated in any manner provided by law. It does not include a
3332-person who has been or could be determined to be a parent under
3333-the Illinois Parentage Act of 1984 or the Illinois Parentage
3334-Act of 2015, or similar parentage law in any other state, if
3335-that person has been convicted of or pled nolo contendere to a
3336-crime that resulted in the conception of the child under
3337-Section 11-1.20, 11-1.30, 11-1.40, 11-11, 12-13, 12-14,
3338-12-14.1, subsection (a) or (b) (but not subsection (c)) of
3339-Section 11-1.50 or 12-15, or subsection (a), (b), (c), (e), or
3340-(f) (but not subsection (d)) of Section 11-1.60 or 12-16 of the
3341-Criminal Code of 1961 or the Criminal Code of 2012, or similar
3342-statute in another jurisdiction unless upon motion of any
3343-party, other than the offender, to the juvenile court
3344-proceedings the court finds it is in the child's best interest
3345-to deem the offender a parent for purposes of the juvenile
3346-court proceedings.
3347-(11.1) "Permanency goal" means a goal set by the court as
3348-defined in subdivision (2) of Section 2-28.
3349-(11.2) "Permanency hearing" means a hearing to set the
3350-permanency goal and to review and determine (i) the
3351-appropriateness of the services contained in the plan and
3352-whether those services have been provided, (ii) whether
3353-reasonable efforts have been made by all the parties to the
3354-service plan to achieve the goal, and (iii) whether the plan
3355-and goal have been achieved.
3356-
3357-
3358-(12) "Petition" means the petition provided for in Section
3359-2-13, 3-15, 4-12, or 5-520, including any supplemental
3360-petitions thereunder in Section 3-15, 4-12, or 5-520.
3361-(12.1) "Physically capable adult relative" means a person
3362-21 years of age or older who does not have a severe physical
3363-disability or medical condition, or is not suffering from
3364-alcoholism or drug addiction, that prevents the person from
3365-providing the care necessary to safeguard the physical safety
3366-and welfare of a minor who is left in that person's care by the
3367-parent or parents or other person responsible for the minor's
3368-welfare.
3369-(12.2) "Post Permanency Sibling Contact Agreement" has the
3370-meaning ascribed to the term in Section 7.4 of the Children and
3371-Family Services Act.
3372-(12.3) "Residential treatment center" means a licensed
3373-setting that provides 24-hour care to children in a group home
3374-or institution, including a facility licensed as a child care
3375-institution under Section 2.06 of the Child Care Act of 1969, a
3376-licensed group home under Section 2.16 of the Child Care Act of
3377-1969, a qualified residential treatment program under Section
3378-2.35 of the Child Care Act of 1969, a secure child care
3379-facility as defined in paragraph (18) of this Section, or any
3380-similar facility in another state. "Residential treatment
3381-center" does not include a relative foster home or a licensed
3382-foster family home.
3383-(13) "Residual parental rights and responsibilities" means
3384-
3385-
3386-those rights and responsibilities remaining with the parent
3387-after the transfer of legal custody or guardianship of the
3388-person, including, but not necessarily limited to, the right
3389-to reasonable visitation (which may be limited by the court in
3390-the best interests of the minor as provided in subsection
3391-(8)(b) of this Section), the right to consent to adoption, the
3392-right to determine the minor's religious affiliation, and the
3393-responsibility for the minor's support.
3394-(14) "Shelter" means the temporary care of a minor in
3395-physically unrestricting facilities pending court disposition
3396-or execution of court order for placement.
3397-(14.05) "Shelter placement" means a temporary or emergency
3398-placement for a minor, including an emergency foster home
3399-placement.
3400-(14.1) "Sibling Contact Support Plan" has the meaning
3401-ascribed to the term in Section 7.4 of the Children and Family
3402-Services Act.
3403-(14.2) "Significant event report" means a written document
3404-describing an occurrence or event beyond the customary
3405-operations, routines, or relationships in the Department of
3406-Children of Family Services, a child care facility, or other
3407-entity that is licensed or regulated by the Department of
3408-Children of Family Services or that provides services for the
3409-Department of Children of Family Services under a grant,
3410-contract, or purchase of service agreement; involving children
3411-or youth, employees, foster parents, or relative caregivers;
3412-
3413-
3414-allegations of abuse or neglect or any other incident raising
3415-a concern about the well-being of a minor under the
3416-jurisdiction of the court under Article II of the Juvenile
3417-Court Act of 1987; incidents involving damage to property,
3418-allegations of criminal activity, misconduct, or other
3419-occurrences affecting the operations of the Department of
3420-Children of Family Services or a child care facility; any
3421-incident that could have media impact; and unusual incidents
3422-as defined by Department of Children and Family Services rule.
3423-(15) "Station adjustment" means the informal handling of
3424-an alleged offender by a juvenile police officer.
3425-(16) "Ward of the court" means a minor who is so adjudged
3426-under Section 2-22, 3-23, 4-20, or 5-705, after a finding of
3427-the requisite jurisdictional facts, and thus is subject to the
3428-dispositional powers of the court under this Act.
3429-(17) "Juvenile police officer" means a sworn police
3430-officer who has completed a Basic Recruit Training Course, has
3431-been assigned to the position of juvenile police officer by
3432-the officer's chief law enforcement officer and has completed
3433-the necessary juvenile officers training as prescribed by the
3434-Illinois Law Enforcement Training Standards Board, or in the
3435-case of a State police officer, juvenile officer training
3436-approved by the Director of the Illinois State Police.
3437-(18) "Secure child care facility" means any child care
3438-facility licensed by the Department of Children and Family
3439-Services to provide secure living arrangements for children
3440-
3441-
3442-under 18 years of age who are subject to placement in
3443-facilities under the Children and Family Services Act and who
3444-are not subject to placement in facilities for whom standards
3445-are established by the Department of Corrections under Section
3446-3-15-2 of the Unified Code of Corrections. "Secure child care
3447-facility" also means a facility that is designed and operated
3448-to ensure that all entrances and exits from the facility, a
3449-building, or a distinct part of the building are under the
3450-exclusive control of the staff of the facility, whether or not
3451-the child has the freedom of movement within the perimeter of
3452-the facility, building, or distinct part of the building.
3453-(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23;
3454-revised 9-20-23.)
3455-Section 60. The Crime Victims Compensation Act is amended
3456-by changing Sections 2 and 10.1 as follows:
3457-(740 ILCS 45/2)
3458-Sec. 2. Definitions. As used in this Act, unless the
3459-context otherwise requires:
3460-(a) "Applicant" means any of the following claiming
3461-compensation under this Act: a victim, a person who was a
3462-dependent of a deceased victim of a crime of violence for the
3463-person's support at the time of the death of that victim, a
3464-person who legally assumes the obligation or who voluntarily
3465-pays the medical or the funeral or burial expenses incurred as
3466-
3467-
3468-a direct result of the crime, and any other person who applies
3469-for compensation under this Act or any person the Court of
3470-Claims or the Attorney General finds is entitled to
3471-compensation, including the guardian of a minor or of a person
3472-under legal disability. It includes any person who was a
3473-dependent of a deceased victim of a crime of violence for his
3474-or her support at the time of the death of that victim.
3475-The changes made to this subsection by Public Act 101-652
3476-apply to actions commenced or pending on or after January 1,
3477-2022.
3478-(b) "Court of Claims" means the Court of Claims created by
3479-the Court of Claims Act.
3480-(c) "Crime of violence" means and includes any offense
3481-defined in Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1,
3482-10-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
3483-11-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-23, 11-23.5,
3484-12-1, 12-2, 12-3, 12-3.1, 12-3.2, 12-3.3, 12-3.4, 12-4,
3485-12-4.1, 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13,
3486-12-14, 12-14.1, 12-15, 12-16, 12-20.5, 12-30, 20-1 or 20-1.1,
3487-or Section 12-3.05 except for subdivision (a)(4) or (g)(1), or
3488-subdivision (a)(4) of Section 11-14.4, of the Criminal Code of
3489-1961 or the Criminal Code of 2012, Sections 1(a) and 1(a-5) of
3490-the Cemetery Protection Act, Section 125 of the Stalking No
3491-Contact Order Act, Section 219 of the Civil No Contact Order
3492-Act, driving under the influence as defined in Section 11-501
3493-of the Illinois Vehicle Code, a violation of Section 11-401 of
3494-
3495-
3496-the Illinois Vehicle Code, provided the victim was a
3497-pedestrian or was operating a vehicle moved solely by human
3498-power or a mobility device at the time of contact, and a
3499-violation of Section 11-204.1 of the Illinois Vehicle Code; so
3500-long as the offense did not occur during a civil riot,
3501-insurrection or rebellion. "Crime of violence" does not
3502-include any other offense or crash involving a motor vehicle
3503-except those vehicle offenses specifically provided for in
3504-this paragraph. "Crime of violence" does include all of the
3505-offenses specifically provided for in this paragraph that
3506-occur within this State but are subject to federal
3507-jurisdiction and crimes involving terrorism as defined in 18
3508-U.S.C. 2331.
3509-(d) "Victim" means (1) a person killed or injured in this
3510-State as a result of a crime of violence perpetrated or
3511-attempted against him or her, (2) the spouse, parent, or child
3512-of a person killed or injured in this State as a result of a
3513-crime of violence perpetrated or attempted against the person,
3514-or anyone living in the household of a person killed or injured
3515-in a relationship that is substantially similar to that of a
3516-parent, spouse, or child, (3) a person killed or injured in
3517-this State while attempting to assist a person against whom a
3518-crime of violence is being perpetrated or attempted, if that
3519-attempt of assistance would be expected of a reasonable person
3520-under the circumstances, (4) a person killed or injured in
3521-this State while assisting a law enforcement official
3522-
3523-
3524-apprehend a person who has perpetrated a crime of violence or
3525-prevent the perpetration of any such crime if that assistance
3526-was in response to the express request of the law enforcement
3527-official, (5) a person who personally witnessed a violent
3528-crime, (5.05) a person who will be called as a witness by the
3529-prosecution to establish a necessary nexus between the
3530-offender and the violent crime, (5.1) solely for the purpose
3531-of compensating for pecuniary loss incurred for psychological
3532-treatment of a mental or emotional condition caused or
3533-aggravated by the crime, any other person under the age of 18
3534-who is the brother, sister, half brother, or half sister of a
3535-person killed or injured in this State as a result of a crime
3536-of violence, (6) an Illinois resident who is a victim of a
3537-"crime of violence" as defined in this Act except, if the crime
3538-occurred outside this State, the resident has the same rights
3539-under this Act as if the crime had occurred in this State upon
3540-a showing that the state, territory, country, or political
3541-subdivision of a country in which the crime occurred does not
3542-have a compensation of victims of crimes law for which that
3543-Illinois resident is eligible, (7) the parent, spouse, or
3544-child of a deceased person whose body is dismembered or whose
3545-remains are desecrated as the result of a crime of violence, or
3546-(8) (blank) solely for the purpose of compensating for
3547-pecuniary loss incurred for psychological treatment of a
3548-mental or emotional condition caused or aggravated by the
3549-crime, any parent, spouse, or child under the age of 18 of a
3550-
3551-
3552-deceased person whose body is dismembered or whose remains are
3553-desecrated as the result of a crime of violence.
3554-(e) "Dependent" means a relative of a deceased victim who
3555-was wholly or partially dependent upon the victim's income at
3556-the time of his or her death and shall include the child of a
3557-victim born after his or her death.
3558-(f) "Relative" means a spouse, parent, grandparent,
3559-stepfather, stepmother, child, grandchild, brother,
3560-brother-in-law, sister, sister-in-law, half brother, half
3561-sister, spouse's parent, nephew, niece, uncle, aunt, or anyone
3562-living in the household of a person killed or injured in a
3563-relationship that is substantially similar to that of a
3564-parent, spouse, or child.
3565-(g) "Child" means a son or daughter and includes a
3566-stepchild, an adopted child or a child born out of wedlock.
3567-(h) "Pecuniary loss" means: ,
3568-(1) in the case of injury, appropriate medical
3569-expenses and hospital expenses including expenses of
3570-medical examinations, rehabilitation, medically required
3571-nursing care expenses, appropriate psychiatric care or
3572-psychiatric counseling expenses, appropriate expenses for
3573-care or counseling by a licensed clinical psychologist,
3574-licensed clinical social worker, licensed professional
3575-counselor, or licensed clinical professional counselor and
3576-expenses for treatment by Christian Science practitioners
3577-and nursing care appropriate thereto;
3578-
3579-
3580-(2) transportation expenses to and from medical and
3581-counseling treatment facilities;
3582-(3) prosthetic appliances, eyeglasses, and hearing
3583-aids necessary or damaged as a result of the crime;
3584-(4) expenses incurred for the towing and storage of a
3585-victim's vehicle in connection with a crime of violence,
3586-to a maximum of $1,000;
3587-(5) costs associated with trafficking tattoo removal
3588-by a person authorized or licensed to perform the specific
3589-removal procedure;
3590-(6) replacement costs for clothing and bedding used as
3591-evidence;
3592-(7) costs associated with temporary lodging or
3593-relocation necessary as a result of the crime, including,
3594-but not limited to, the first 2 months' month's rent and
3595-security deposit of the dwelling that the claimant
3596-relocated to and other reasonable relocation expenses
3597-incurred as a result of the violent crime;
3598-(8) locks or windows necessary or damaged as a result
3599-of the crime;
3600-(9) the purchase, lease, or rental of equipment
3601-necessary to create usability of and accessibility to the
3602-victim's real and personal property, or the real and
3603-personal property which is used by the victim, necessary
3604-as a result of the crime; "real and personal property"
3605-includes, but is not limited to, vehicles, houses,
3606-
3607-
3608-apartments, townhouses, or condominiums;
3609-(10) the costs of appropriate crime scene clean-up;
3610-(11) replacement services loss, to a maximum of $1,250
3611-per month, with this amount to be divided in proportion to
3612-the amount of the actual loss among those entitled to
3613-compensation;
3614-(12) dependents replacement services loss, to a
3615-maximum of $1,250 per month, with this amount to be
3616-divided in proportion to the amount of the actual loss
3617-among those entitled to compensation;
3618-(13) loss of tuition paid to attend grammar school or
3619-high school when the victim had been enrolled as a student
3620-prior to the injury, or college or graduate school when
3621-the victim had been enrolled as a day or night student
3622-prior to the injury when the victim becomes unable to
3623-continue attendance at school as a result of the crime of
3624-violence perpetrated against him or her;
3625-(14) loss of earnings, loss of future earnings because
3626-of disability resulting from the injury. Loss of future
3627-earnings shall be reduced by any income from substitute
3628-work actually performed by the victim or by income the
3629-victim would have earned in available appropriate
3630-substitute work the victim was capable of performing but
3631-unreasonably failed to undertake; loss of earnings and
3632-loss of future earnings shall be determined on the basis
3633-of the victim's average net monthly earnings for the 6
3634-
3635-
3636-months immediately preceding the date of the injury or on
3637-$2,400 per month, whichever is less, or, in cases where
3638-the absences commenced more than 3 years from the date of
3639-the crime, on the basis of the net monthly earnings for the
3640-6 months immediately preceding the date of the first
3641-absence, not to exceed $2,400 per month; ,
3642-(15) loss of support of the dependents of the victim.
3643-Loss of support shall be determined on the basis of the
3644-victim's average net monthly earnings for the 6 months
3645-immediately preceding the date of the injury or on $2,400
3646-per month, whichever is less, or, in cases where the
3647-absences commenced more than 3 years from the date of the
3648-crime, on the basis of the net monthly earnings for the 6
3649-months immediately preceding the date of the first
3650-absence, not to exceed $2,400 per month. If a divorced or
3651-legally separated applicant is claiming loss of support
3652-for a minor child of the deceased, the amount of support
3653-for each child shall be based either on the amount of
3654-support pursuant to the judgment prior to the date of the
3655-deceased victim's injury or death, or, if the subject of
3656-pending litigation filed by or on behalf of the divorced
3657-or legally separated applicant prior to the injury or
3658-death, on the result of that litigation. Loss of support
3659-for minors shall be divided in proportion to the amount of
3660-the actual loss among those entitled to such compensation;
3661-(16) and, in addition, in the case of death, expenses
3662-
3663-
3664-for reasonable funeral, burial, and travel and transport
3665-for survivors of homicide victims to secure bodies of
3666-deceased victims and to transport bodies for burial all of
3667-which may be awarded up to a maximum of $10,000 for each
3668-victim. Other individuals that have paid or become
3669-obligated to pay funeral or burial expenses for the
3670-deceased shall share a maximum award of $10,000, with the
3671-award divided in proportion to the amount of the actual
3672-loss among those entitled to compensation; and and loss of
3673-support of the dependents of the victim;
3674-(17) in the case of dismemberment or desecration of a
3675-body, expenses for reasonable funeral and burial, all of
3676-which may be awarded up to a maximum of $10,000 for each
3677-victim. Other individuals that have paid or become
3678-obligated to pay funeral or burial expenses for the
3679-deceased shall share a maximum award of $10,000, with the
3680-award divided in proportion to the amount of the actual
3681-loss among those entitled to compensation. Loss of future
3682-earnings shall be reduced by any income from substitute
3683-work actually performed by the victim or by income he or
3684-she would have earned in available appropriate substitute
3685-work he or she was capable of performing but unreasonably
3686-failed to undertake. Loss of earnings, loss of future
3687-earnings and loss of support shall be determined on the
3688-basis of the victim's average net monthly earnings for the
3689-6 months immediately preceding the date of the injury or
3690-
3691-
3692-on $2,400 per month, whichever is less or, in cases where
3693-the absences commenced more than 3 years from the date of
3694-the crime, on the basis of the net monthly earnings for the
3695-6 months immediately preceding the date of the first
3696-absence, not to exceed $2,400 per month. If a divorced or
3697-legally separated applicant is claiming loss of support
3698-for a minor child of the deceased, the amount of support
3699-for each child shall be based either on the amount of
3700-support pursuant to the judgment prior to the date of the
3701-deceased victim's injury or death, or, if the subject of
3702-pending litigation filed by or on behalf of the divorced
3703-or legally separated applicant prior to the injury or
3704-death, on the result of that litigation. Real and personal
3705-property includes, but is not limited to, vehicles,
3706-houses, apartments, town houses, or condominiums.
3707-"Pecuniary loss" does not include pain and suffering or
3708-property loss or damage.
3709-The changes made to this subsection by Public Act 101-652
3710-apply to actions commenced or pending on or after January 1,
3711-2022.
3712-(i) "Replacement services loss" means expenses reasonably
3713-incurred in obtaining ordinary and necessary services in lieu
3714-of those the injured person would have performed, not for
3715-income, but for the benefit of himself or herself or his or her
3716-family, if he or she had not been injured.
3717-(j) "Dependents replacement services loss" means loss
3718-
3719-
3720-reasonably incurred by dependents or private legal guardians
3721-of minor dependents after a victim's death in obtaining
3722-ordinary and necessary services in lieu of those the victim
3723-would have performed, not for income, but for their benefit,
3724-if he or she had not been fatally injured.
3725-(k) "Survivor" means immediate family including a parent,
3726-stepfather, stepmother, child, brother, sister, or spouse.
3727-(l) "Parent" means a natural parent, adopted parent,
3728-stepparent, or permanent legal guardian of another person.
3729-(m) "Trafficking tattoo" is a tattoo which is applied to a
3730-victim in connection with the commission of a violation of
3731-Section 10-9 of the Criminal Code of 2012.
3732-(Source: P.A. 102-27, eff. 6-25-21; 102-905, eff. 1-1-23;
3733-102-982, eff. 7-1-23; 103-154, eff. 6-30-23.)
3734-(740 ILCS 45/10.1) (from Ch. 70, par. 80.1)
3735-Sec. 10.1. Award Amount of compensation. The awarding of
3736-compensation and the amount of compensation to which an
3737-applicant and other persons are entitled shall be based on the
3738-following factors:
3739-(a) Each A victim may be compensated for his or her
3740-pecuniary loss up the maximum amount allowable.
3741-(b) Each A dependent may be compensated for loss of
3742-support, as provided in paragraph (15) of subsection (h)
3743-of Section 2.
3744-(c) Any person, even though not dependent upon the
3745-
3746-
3747-victim for his or her support, may be compensated for
3748-reasonable expenses of the victim to the extent to which
3749-he or she has paid or become obligated to pay such expenses
3750-and only after compensation for reasonable funeral,
3751-medical and hospital expenses of the victim have been
3752-awarded may compensation be made for reasonable expenses
3753-of the victim incurred for psychological treatment of a
3754-mental or emotional condition caused or aggravated by the
3755-crime. Persons that have paid or become obligated to pay
3756-expenses for a victim shall share the maximum award with
3757-the amount divided in proportion to the amount of the
3758-actual loss among those entitled to compensation.
3759-(d) An award shall be reduced or denied according to
3760-the extent to which the victim's injury or death was
3761-caused by provocation or incitement by the victim or the
3762-victim assisting, attempting, or committing a criminal
3763-act. A denial or reduction shall not automatically bar the
3764-survivors of homicide victims from receiving compensation
3765-for counseling, crime scene cleanup, relocation, funeral
3766-or burial costs, and loss of support if the survivor's
3767-actions have not initiated, provoked, or aggravated the
3768-suspect into initiating the qualifying crime.
3769-(e) An award shall be reduced by the amount of
3770-benefits, payments or awards payable under those sources
3771-which are required to be listed under item (7) of Section
3772-7.1(a) and any other sources except annuities, pension
3773-
3774-
3775-plans, Federal Social Security payments payable to
3776-dependents of the victim and the net proceeds of the first
3777-$25,000 of life insurance that would inure to the benefit
3778-of the applicant, which the applicant or any other person
3779-dependent for the support of a deceased victim, as the
3780-case may be, has received or to which he or she is entitled
3781-as a result of injury to or death of the victim.
3782-(f) A final award shall not exceed $10,000 for a crime
3783-committed prior to September 22, 1979, $15,000 for a crime
3784-committed on or after September 22, 1979 and prior to
3785-January 1, 1986, $25,000 for a crime committed on or after
3786-January 1, 1986 and prior to August 7, 1998, $27,000 for a
3787-crime committed on or after August 7, 1998 and prior to
3788-August 7, 2022, or $45,000 per victim for a crime
3789-committed on or after August 7, 2022. For any applicant
3790-who is not a victim, if If the total pecuniary loss is
3791-greater than the maximum amount allowed, the award shall
3792-be divided in proportion to the amount of actual loss
3793-among those entitled to compensation who are not victims.
3794-(g) Compensation under this Act is a secondary source
3795-of compensation and the applicant must show that he or she
3796-has exhausted the benefits reasonably available under the
3797-Criminal Victims' Escrow Account Act or any governmental
3798-or medical or health insurance programs, including, but
3799-not limited to, Workers' Compensation, the Federal
3800-Medicare program, the State Public Aid program, Social
3801-
3802-
3803-Security Administration burial benefits, and Veterans
3804-Administration burial benefits, and life, health,
3805-accident, full vehicle coverage (including towing
3806-insurance, if available), or liability insurance.
3807-(Source: P.A. 102-27, eff. 1-1-22; 102-905, eff. 1-1-23.)
3808-Section 65. The Day and Temporary Labor Services Act is
3809-amended by changing Section 42 as follows:
3810-(820 ILCS 175/42)
3811-Sec. 42. Equal pay for equal work. A day or temporary
3812-laborer who is assigned to work at a third party client for
3813-more than 90 calendar days shall be paid not less than the rate
3814-of pay and equivalent benefits as the lowest paid directly
3815-hired employee of the third party client with the same level of
3816-seniority at the company and performing the same or
3817-substantially similar work on jobs the performance of which
3818-requires substantially similar skill, effort, and
3819-responsibility, and that are performed under similar working
3820-conditions. If there is not a directly hired comparative
3821-employee of the third party client, the day or temporary
3822-laborer shall be paid not less than the rate of pay and
3823-equivalent benefits of the lowest paid direct hired employee
3824-of the company with the closest level of seniority at the
3825-company. A day and temporary labor service agency may pay the
3826-hourly cash equivalent of the actual cost benefits in lieu of
3827-
3828-
3829-benefits required under this Section. Upon request, a third
3830-party client to which a day or temporary laborer has been
3831-assigned for more than 90 calendar days shall be obligated to
3832-timely provide the day and temporary labor service agency with
3833-all necessary information related to job duties, pay, and
3834-benefits of directly hired employees necessary for the day and
3835-temporary labor service agency to comply with this Section.
3836-The failure by a third party client to provide any of the
3837-information required under this Section shall constitute a
3838-notice violation by the third party client under Section 95.
3839-For purposes of this Section, the day and temporary labor
3840-service agency shall be considered a person aggrieved as
3841-described in Section 95. For the purposes of this Section, the
3842-calculation of the 90 calendar days may not begin until April
3843-1, 2024.
3844-(Source: P.A. 103-437, eff. 8-4-23.)
3845-Section 95. No acceleration or delay. Where this Act makes
3846-changes in a statute that is represented in this Act by text
3847-that is not yet or no longer in effect (for example, a Section
3848-represented by multiple versions), the use of that text does
3849-not accelerate or delay the taking effect of (i) the changes
3850-made by this Act or (ii) provisions derived from any other
3851-Public Act.
32+HB3641 Enrolled- 2 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 2 - LRB103 30390 HLH 56820 b
33+ HB3641 Enrolled - 2 - LRB103 30390 HLH 56820 b
34+1 (Source: P.A. 103-8, eff. 1-1-24.)
35+2 Section 10. The Children and Family Services Act is
36+3 amended by changing Section 5.46 as follows:
37+4 (20 ILCS 505/5.46)
38+5 Sec. 5.46. Application for Social Security benefits,
39+6 Supplemental Security Income, Veterans benefits, and Railroad
40+7 Retirement benefits.
41+8 (a) Definitions. As used in this Section:
42+9 "Achieving a Better Life Experience Account" or "ABLE
43+10 account" means an account established for the purpose of
44+11 financing certain qualified expenses of eligible individuals
45+12 as specifically provided for in Section 529A of the Internal
46+13 Revenue Code and Section 16.6 of the State Treasurer Act.
47+14 "Benefits" means Social Security benefits, Supplemental
48+15 Security Income, Veterans benefits, and Railroad Retirement
49+16 benefits.
50+17 "DCFS Guardianship Administrator" means a Department
51+18 representative appointed as guardian of the person or legal
52+19 custodian of the minor youth in care.
53+20 "Youth's attorney and guardian ad litem" means the person
54+21 appointed as the youth's attorney or guardian ad litem in
55+22 accordance with the Juvenile Court Act of 1987 in the
56+23 proceeding in which the Department is appointed as the youth's
57+24 guardian or custodian.
58+
59+
60+
61+
62+
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67+ HB3641 Enrolled - 3 - LRB103 30390 HLH 56820 b
68+1 (b) Application for benefits.
69+2 (1) Upon receiving temporary custody or guardianship
70+3 of a youth in care, the Department shall assess the youth
71+4 to determine whether the youth may be eligible for
72+5 benefits. If, after the assessment, the Department
73+6 determines that the youth may be eligible for benefits,
74+7 the Department shall ensure that an application is filed
75+8 on behalf of the youth. The Department shall prescribe by
76+9 rule how it will review cases of youth in care at regular
77+10 intervals to determine whether the youth may have become
78+11 eligible for benefits after the initial assessment. The
79+12 Department shall make reasonable efforts to encourage
80+13 youth in care over the age of 18 who are likely eligible
81+14 for benefits to cooperate with the application process and
82+15 to assist youth with the application process.
83+16 (2) When applying for benefits under this Section for
84+17 a youth in care the Department shall identify a
85+18 representative payee in accordance with the requirements
86+19 of 20 CFR 404.2021 and 416.621. If the Department is
87+20 seeking to be appointed as the youth's representative
88+21 payee, the Department must consider input, if provided,
89+22 from the youth's attorney and guardian ad litem regarding
90+23 whether another representative payee, consistent with the
91+24 requirements of 20 CFR 404.2021 and 416.621, is available.
92+25 If the Department serves as the representative payee for a
93+26 youth over the age of 18, the Department shall request a
94+
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103+ HB3641 Enrolled - 4 - LRB103 30390 HLH 56820 b
104+1 court order, as described in subparagraph (C) of paragraph
105+2 (1) of subsection (d) and in subparagraph (C) of paragraph
106+3 (2) of subsection (d).
107+4 (c) Notifications. The Department shall immediately notify
108+5 a youth over the age of 16, the youth's attorney and guardian
109+6 ad litem, and the youth's parent or legal guardian or another
110+7 responsible adult of:
111+8 (1) any application for or any application to become
112+9 representative payee for benefits on behalf of a youth in
113+10 care;
114+11 (2) beginning January 1, 2025, any communications from
115+12 the Social Security Administration, the U.S. Department of
116+13 Veterans Affairs, or the Railroad Retirement Board
117+14 pertaining to the acceptance or denial of benefits or the
118+15 selection of a representative payee; and
119+16 (3) beginning January 1, 2025, any appeal or other
120+17 action requested by the Department regarding an
121+18 application for benefits.
122+19 (d) Use of benefits. Consistent with federal law, when the
123+20 Department serves as the representative payee for a youth
124+21 receiving benefits and receives benefits on the youth's
125+22 behalf, the Department shall:
126+23 (1) Beginning January 1, 2024 2023, ensure that when
127+24 the youth attains the age of 14 years and until the
128+25 Department no longer serves as the representative payee, a
129+26 minimum percentage of the youth's Supplemental Security
130+
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139+ HB3641 Enrolled - 5 - LRB103 30390 HLH 56820 b
140+1 Income benefits are conserved in accordance with paragraph
141+2 (4) as follows:
142+3 (A) From the age of 14 through age 15, at least
143+4 40%.
144+5 (B) From the age of 16 through age 17, at least
145+6 80%.
146+7 (C) From the age of 18 and older through 20, 100%,
147+8 when a court order has been entered expressly
148+9 authorizing allowing the DCFS Guardianship
149+10 Administrator to serve as the designated
150+11 representative to establish an ABLE account on behalf
151+12 of a youth Department to have the authority to
152+13 establish and serve as an authorized agent of the
153+14 youth over the age of 18 with respect to an account
154+15 established in accordance with paragraph (4).
155+16 (2) Beginning January 1, 2024, ensure that when the
156+17 youth attains the age of 14 years and until the Department
157+18 no longer serves as the representative payee a minimum
158+19 percentage of the youth's Social Security benefits,
159+20 Veterans benefits, or Railroad Retirement benefits are
160+21 conserved in accordance with paragraph (3) or (4), as
161+22 applicable, as follows:
162+23 (A) From the age of 14 through age 15, at least
163+24 40%.
164+25 (B) From the age of 16 through age 17, at least
165+26 80%.
166+
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175+ HB3641 Enrolled - 6 - LRB103 30390 HLH 56820 b
176+1 (C) From the age of 18 through 20, 100%. If
177+2 establishment of an ABLE account is necessary to
178+3 conserve benefits for youth age 18 and older, then
179+4 benefits shall be conserved in accordance with
180+5 paragraph (4) when a court order has been entered
181+6 expressly authorizing the DCFS Guardianship
182+7 Administrator to serve as the designated
183+8 representative to establish an ABLE account on behalf
184+9 of a youth , when a court order has been entered
185+10 expressly allowing the Department to have the
186+11 authority to establish and serve as an authorized
187+12 agent of the youth over the age of 18 with respect to
188+13 an account established in accordance with paragraph
189+14 (4).
190+15 (3) Exercise discretion in accordance with federal law
191+16 and in the best interests of the youth when making
192+17 decisions to use or conserve the youth's benefits that are
193+18 less than or not subject to asset or resource limits under
194+19 federal law, including using the benefits to address the
195+20 youth's special needs and conserving the benefits for the
196+21 youth's reasonably foreseeable future needs.
197+22 (4) Appropriately monitor any federal asset or
198+23 resource limits for the Supplemental Security Income
199+24 benefits and ensure that the youth's best interest is
200+25 served by using or conserving the benefits in a way that
201+26 avoids violating any federal asset or resource limits that
202+
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211+ HB3641 Enrolled - 7 - LRB103 30390 HLH 56820 b
212+1 would affect the youth's eligibility to receive the
213+2 benefits, including, but not limited to:
214+3 (A) applying to the Social Security Administration
215+4 to establish a Plan to Achieve Self-Support (PASS)
216+5 Account for the youth under the Social Security Act
217+6 and determining whether it is in the best interest of
218+7 the youth to conserve all or parts of the benefits in
219+8 the PASS account;
220+9 (B) establishing a 529 plan for the youth and
221+10 conserving the youth's benefits in that account in a
222+11 manner that appropriately avoids any federal asset or
223+12 resource limits;
224+13 (C) establishing an Individual Development Account
225+14 for the youth and conserving the youth's benefits in
226+15 that account in a manner that appropriately avoids any
227+16 federal asset or resource limits;
228+17 (A) (D) establishing an ABLE account authorized by
229+18 Section 529A of the Internal Revenue Code of 1986, for
230+19 the youth and conserving the youth's benefits in that
231+20 account in a manner that appropriately avoids any
232+21 federal asset or resource limits;
233+22 (E) establishing a Social Security Plan to Achieve
234+23 Self-Support account for the youth and conserving the
235+24 youth's benefits in a manner that appropriately avoids
236+25 any federal asset or resource limits;
237+26 (F) establishing a special needs trust for the
238+
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247+ HB3641 Enrolled - 8 - LRB103 30390 HLH 56820 b
248+1 youth and conserving the youth's benefits in the trust
249+2 in a manner that is consistent with federal
250+3 requirements for special needs trusts and that
251+4 appropriately avoids any federal asset or resource
252+5 limits;
253+6 (B) (G) if the Department determines that using
254+7 the benefits for services for current special needs
255+8 not already provided by the Department is in the best
256+9 interest of the youth, using the benefits for those
257+10 services;
258+11 (C) (H) if federal law requires certain back
259+12 payments of benefits to be placed in a dedicated
260+13 account, complying with the requirements for dedicated
261+14 accounts under 20 CFR 416.640(e); and
262+15 (D) (I) applying any other exclusions from federal
263+16 asset or resource limits available under federal law
264+17 and using or conserving the youth's benefits in a
265+18 manner that appropriately avoids any federal asset or
266+19 resource limits.
267+20 (e) By July 1, 2024, the Department shall provide a report
268+21 to the General Assembly regarding youth in care who receive
269+22 benefits who are not subject to this Act. The report shall
270+23 discuss a goal of expanding conservation of children's
271+24 benefits to all benefits of all children of any age for whom
272+25 the Department serves as representative payee. The report
273+26 shall include a description of any identified obstacles, steps
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283+ HB3641 Enrolled - 9 - LRB103 30390 HLH 56820 b
284+1 to be taken to address the obstacles, and a description of any
285+2 need for statutory, rule, or procedural changes.
286+3 (f) (1) Accounting.
287+4 (A) Beginning on the effective date of this amendatory
288+5 Act of the 103rd General Assembly through December 31,
289+6 2024, upon request of the youth's attorney or guardian ad
290+7 litem, the The Department shall provide an annual
291+8 accounting to the youth's attorney and guardian ad litem
292+9 of how the youth's benefits have been used and conserved.
293+10 (B) Beginning January 1, 2025 and every year
294+11 thereafter, an annual accounting of how the youth's
295+12 benefits have been used and conserved shall be provided
296+13 automatically to the youth's attorney and guardian ad
297+14 litem.
298+15 (C) In addition, within 10 business days of a request
299+16 from a youth or the youth's attorney and guardian ad
300+17 litem, the Department shall provide an accounting to the
301+18 youth of how the youth's benefits have been used and
302+19 conserved.
303+20 (2) The accounting shall include:
304+21 (A) (1) The amount of benefits received on the
305+22 youth's behalf since the most recent accounting and
306+23 the date the benefits were received.
307+24 (B) (2) Information regarding the youth's benefits
308+25 and resources, including the youth's benefits,
309+26 insurance, cash assets, trust accounts, earnings, and
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320+1 other resources.
321+2 (C) (3) An accounting of the disbursement of
322+3 benefit funds, including the date, amount,
323+4 identification of payee, and purpose.
324+5 (D) (4) Information regarding each request by the
325+6 youth, the youth's attorney and guardian ad litem, or
326+7 the youth's caregiver for disbursement of funds and a
327+8 statement regarding the reason for not granting the
328+9 request if the request was denied.
329+10 When the Department's guardianship of the youth is being
330+11 terminated, prior to or upon the termination of guardianship,
331+12 the Department shall provide (i) a final accounting to the
332+13 Social Security Administration, to the youth's attorney and
333+14 guardian ad litem, and to either the person or persons who will
334+15 assume guardianship of the youth or who is in the process of
335+16 adopting the youth, if the youth is under 18, or to the youth,
336+17 if the youth is over 18 and (ii) information to the parent,
337+18 guardian, or youth regarding how to apply to become the
338+19 designated representative for the youth's ABLE account payee.
339+20 The Department shall adopt rules to ensure that the
340+21 representative payee transitions occur in a timely and
341+22 appropriate manner.
342+23 (g) Education Financial literacy. The Department shall
343+24 provide the youth who have funds conserved under paragraphs
344+25 (1) and (2) of subsection (d) with education with financial
345+26 literacy training and support, including specific information
346+
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355+ HB3641 Enrolled - 11 - LRB103 30390 HLH 56820 b
356+1 regarding the existence, availability, and use of funds
357+2 conserved for the youth in accordance with paragraphs (1) and
358+3 (2) of subsection (d) this subsection, beginning by age 14 in a
359+4 developmentally appropriate manner. The education literacy
360+5 program and support services shall be developed in
361+6 consultation with input from the Department's Statewide Youth
362+7 Advisory Board. Education and informational materials related
363+8 to ABLE accounts shall be developed in consultation with and
364+9 approved by the State Treasurer.
365+10 (h) Adoption of rules. The Department shall adopt rules to
366+11 implement the provisions of this Section by January 1, 2024
367+12 2023.
368+13 (i) Reporting. No later than February 28, 2023, the
369+14 Department shall file a report with the General Assembly
370+15 providing the following information for State Fiscal Years
371+16 2019, 2020, 2021, and 2022 and annually beginning February 28,
372+17 2023, for the preceding fiscal year:
373+18 (1) The number of youth entering care.
374+19 (2) The number of youth entering care receiving each
375+20 of the following types of benefits: Social Security
376+21 benefits, Supplemental Security Income, Veterans benefits,
377+22 Railroad Retirement benefits.
378+23 (3) The number of youth entering care for whom the
379+24 Department filed an application for each of the following
380+25 types of benefits: Social Security benefits, Supplemental
381+26 Security Income, Veterans benefits, Railroad Retirement
382+
383+
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391+ HB3641 Enrolled - 12 - LRB103 30390 HLH 56820 b
392+1 benefits.
393+2 (4) The number of youth entering care who were awarded
394+3 each of the following types of benefits based on an
395+4 application filed by the Department: Social Security
396+5 benefits, Supplemental Security Income, Veterans benefits,
397+6 Railroad Retirement benefits.
398+7 (j) Annually beginning December 31, 2023, the Department
399+8 shall file a report with the General Assembly with the
400+9 following information regarding the preceding fiscal year:
401+10 (1) the number of conserved accounts established and
402+11 maintained for youth in care;
403+12 (2) the average amount conserved by age group; and
404+13 (3) the total amount conserved by age group.
405+14 (Source: P.A. 102-1014, eff. 5-27-22; 103-154, eff. 6-30-23.)
406+15 Section 15. The Illinois State Police Law of the Civil
407+16 Administrative Code of Illinois is amended by changing Section
408+17 2605-10 as follows:
409+18 (20 ILCS 2605/2605-10) (was 20 ILCS 2605/55a in part)
410+19 (Text of Section before amendment by P.A. 103-34)
411+20 Sec. 2605-10. Powers and duties, generally.
412+21 (a) The Illinois State Police shall exercise the rights,
413+22 powers, and duties that have been vested in the Illinois State
414+23 Police by the following:
415+24 The Illinois State Police Act.
416+
417+
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425+ HB3641 Enrolled - 13 - LRB103 30390 HLH 56820 b
426+1 The Illinois State Police Radio Act.
427+2 The Criminal Identification Act.
428+3 The Illinois Vehicle Code.
429+4 The Firearm Owners Identification Card Act.
430+5 The Firearm Concealed Carry Act.
431+6 The Gun Dealer Licensing Act.
432+7 The Intergovernmental Missing Child Recovery Act of
433+8 1984.
434+9 The Intergovernmental Drug Laws Enforcement Act.
435+10 The Narcotic Control Division Abolition Act.
436+11 (b) The Illinois State Police shall have the powers and
437+12 duties set forth in the following Sections.
438+13 (Source: P.A. 102-538, eff. 8-20-21.)
439+14 (Text of Section after amendment by P.A. 103-34)
440+15 Sec. 2605-10. Powers and duties, generally.
441+16 (a) The Illinois State Police shall exercise the rights,
442+17 powers, and duties that have been vested in the Illinois State
443+18 Police by the following:
444+19 The Illinois State Police Act.
445+20 The Illinois State Police Radio Act.
446+21 The Criminal Identification Act.
447+22 The Illinois Vehicle Code.
448+23 The Firearm Owners Identification Card Act.
449+24 The Firearm Concealed Carry Act.
450+25 The Firearm Dealer License Certification Act.
451+
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460+ HB3641 Enrolled - 14 - LRB103 30390 HLH 56820 b
461+1 The Intergovernmental Missing Child Recovery Act of
462+2 1984.
463+3 The Intergovernmental Drug Laws Enforcement Act.
464+4 The Narcotic Control Division Abolition Act.
465+5 The Illinois Uniform Conviction Information Act.
466+6 The Murderer and Violent Offender Against Youth
467+7 Registration Act.
468+8 (b) The Illinois State Police shall have the powers and
469+9 duties set forth in the following Sections.
470+10 (c) The Illinois State Police shall exercise the rights,
471+11 powers, and duties vested in the Illinois State Police to
472+12 implement the following protective service functions for State
473+13 facilities, State officials, and State employees serving in
474+14 their official capacity:
475+15 (1) Utilize subject matter expertise and law
476+16 enforcement authority to strengthen the protection of
477+17 State government facilities, State employees, State
478+18 officials, and State critical infrastructure.
479+19 (2) Coordinate State, federal, and local law
480+20 enforcement activities involving the protection of State
481+21 facilities, officials, and employees.
482+22 (3) Conduct investigations of criminal threats to
483+23 State facilities, State critical infrastructure, State
484+24 officials, and State employees.
485+25 (4) Train State officials and employees in personal
486+26 protection, crime prevention, facility occupant emergency
487+
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497+1 planning, and incident management.
498+2 (5) Establish standard protocols for prevention and
499+3 response to criminal threats to State facilities, State
500+4 officials, State employees, and State critical
501+5 infrastructure, and standard protocols for reporting of
502+6 suspicious activities.
503+7 (6) Establish minimum operational standards,
504+8 qualifications, training, and compliance requirements for
505+9 State employees and contractors engaged in the protection
506+10 of State facilities and employees.
507+11 (7) At the request of departments or agencies of State
508+12 government, conduct security assessments, including, but
509+13 not limited to, examination of alarm systems, cameras
510+14 systems, access points, personnel readiness, and emergency
511+15 protocols based on risk and need.
512+16 (8) Oversee the planning and implementation of
513+17 security and law enforcement activities necessary for the
514+18 protection of major, multi-jurisdictional events
515+19 implicating potential criminal threats to State officials,
516+20 State employees, or State-owned, State-leased, or
517+21 State-operated critical infrastructure or facilities.
518+22 (9) Oversee and direct the planning and implementation
519+23 of security and law enforcement activities by the
520+24 departments and agencies of the State necessary for the
521+25 protection of State employees, State officials, and
522+26 State-owned, State-leased, or State-operated critical
523+
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533+1 infrastructure or facilities from criminal activity.
534+2 (10) Advise the Governor and Homeland Security Advisor
535+3 on any matters necessary for the effective protection of
536+4 State facilities, critical infrastructure, officials, and
537+5 employees from criminal threats.
538+6 (11) Utilize intergovernmental agreements and
539+7 administrative rules as needed for the effective,
540+8 efficient implementation of law enforcement and support
541+9 activities necessary for the protection of State
542+10 facilities, State infrastructure, State employees, and,
543+11 upon the express written consent of State constitutional
544+12 officials, State constitutional officials, and State
545+13 employees.
546+14 (Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24;
547+15 revised 9-25-23.)
548+16 Section 20. The Alternative Protein Innovation Task Force
549+17 Act is amended by changing Sections 15 and 20 as follows:
550+18 (20 ILCS 4128/15)
551+19 Sec. 15. Membership; appointments; meeting.
552+20 (a) The Alternative Protein Innovation Task Force shall
553+21 consist of the following members:
554+22 (1) one member of the Senate, who shall be appointed
555+23 by the President of the Senate and shall serve as co-chair
556+24 of the Task Force;
557+
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567+1 (2) one member of the Senate, who shall be appointed
568+2 by the Minority Leader of the Senate;
569+3 (3) one member of the House of Representatives, who
570+4 shall be appointed by the Speaker of the House of
571+5 Representatives and shall serve as co-chair of the Task
572+6 Force;
573+7 (4) one member of the House of Representatives, who
574+8 shall be appointed by the Minority Leader of the House of
575+9 Representatives;
576+10 (5) the Director Secretary of Commerce and Economic
577+11 Opportunity or the Director's Secretary's designee;
578+12 (6) the Director of Agriculture or the Director's
579+13 designee;
580+14 (7) 5 members who are appointed by the Director of
581+15 Agriculture. Of the members appointed by the Director of
582+16 Agriculture, 3 members shall be commercial producers of
583+17 agricultural commodities, of which one member shall be
584+18 from the largest statewide agricultural association; and 2
585+19 members shall be representatives from the University of
586+20 Illinois College of Agricultural, Consumer and
587+21 Environmental Sciences engaged in nutritional research;
588+22 and
589+23 (8) 6 members who are appointed by the Governor. Of
590+24 the members appointed by the Governor, 2 members shall be
591+25 engaged in academic or scientific research on alternative
592+26 protein development at a State college or university; one
593+
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603+1 member shall be a representative of a nonprofit
604+2 organization dedicated to the development and
605+3 accessibility of alternative proteins; one member shall be
606+4 a representative of the State's agricultural biotechnology
607+5 industry; one member shall be the president of the
608+6 Illinois Biotechnology Industry Organization or the
609+7 organization's designee; and one member shall be a
610+8 representative from a multinational food processing and
611+9 manufacturing corporation headquartered in this State.
612+10 (b) Members of the Task Force shall not receive
613+11 compensation for their services to the Task Force.
614+12 (c) All appointments shall be made not later than 30 days
615+13 after the effective date of this Act.
616+14 (d) The co-chairs of the Task Force shall schedule no
617+15 fewer than 4 meetings of the Task Force, including not less
618+16 than one public hearing. The co-chairs shall convene the first
619+17 meeting of the Task Force within 60 days after the effective
620+18 date of this Act.
621+19 (e) The Department of Agriculture shall provide
622+20 administrative and other support to the Task Force.
623+21 (Source: P.A. 103-543, eff. 8-11-23; revised 10-19-23.)
624+22 (20 ILCS 4128/20)
625+23 Sec. 20. Report; dissolution of Task Force; repeal of Act.
626+24 (a)The Task Force shall submit a report of its findings
627+25 and recommendations to the General Assembly no later than June
628+
629+
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637+ HB3641 Enrolled - 19 - LRB103 30390 HLH 56820 b
638+1 30, 2024 December 31, 2023.
639+2 (b) The Task Force shall be dissolved on December 31,
640+3 2024.
641+4 (c) This Act is repealed on January 1, 2025.
642+5 (Source: P.A. 103-543, eff. 8-11-23.)
643+6 Section 25. The Illinois Procurement Code is amended by
644+7 changing Section 20-10 as follows:
645+8 (30 ILCS 500/20-10)
646+9 (Text of Section before amendment by P.A. 103-558)
647+10 (Text of Section from P.A. 96-159, 96-588, 97-96, 97-895,
648+11 98-1076, 99-906, 100-43, 101-31, 101-657, and 102-29)
649+12 Sec. 20-10. Competitive sealed bidding; reverse auction.
650+13 (a) Conditions for use. All contracts shall be awarded by
651+14 competitive sealed bidding except as otherwise provided in
652+15 Section 20-5.
653+16 (b) Invitation for bids. An invitation for bids shall be
654+17 issued and shall include a purchase description and the
655+18 material contractual terms and conditions applicable to the
656+19 procurement.
657+20 (c) Public notice. Public notice of the invitation for
658+21 bids shall be published in the Illinois Procurement Bulletin
659+22 at least 14 calendar days before the date set in the invitation
660+23 for the opening of bids.
661+24 (d) Bid opening. Bids shall be opened publicly or through
662+
663+
664+
665+
666+
667+ HB3641 Enrolled - 19 - LRB103 30390 HLH 56820 b
668+
669+
670+HB3641 Enrolled- 20 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 20 - LRB103 30390 HLH 56820 b
671+ HB3641 Enrolled - 20 - LRB103 30390 HLH 56820 b
672+1 an electronic procurement system in the presence of one or
673+2 more witnesses at the time and place designated in the
674+3 invitation for bids. The name of each bidder, including earned
675+4 and applied bid credit from the Illinois Works Jobs Program
676+5 Act, the amount of each bid, and other relevant information as
677+6 may be specified by rule shall be recorded. After the award of
678+7 the contract, the winning bid and the record of each
679+8 unsuccessful bid shall be open to public inspection.
680+9 (e) Bid acceptance and bid evaluation. Bids shall be
681+10 unconditionally accepted without alteration or correction,
682+11 except as authorized in this Code. Bids shall be evaluated
683+12 based on the requirements set forth in the invitation for
684+13 bids, which may include criteria to determine acceptability
685+14 such as inspection, testing, quality, workmanship, delivery,
686+15 and suitability for a particular purpose. Those criteria that
687+16 will affect the bid price and be considered in evaluation for
688+17 award, such as discounts, transportation costs, and total or
689+18 life cycle costs, shall be objectively measurable. The
690+19 invitation for bids shall set forth the evaluation criteria to
691+20 be used.
692+21 (f) Correction or withdrawal of bids. Correction or
693+22 withdrawal of inadvertently erroneous bids before or after
694+23 award, or cancellation of awards of contracts based on bid
695+24 mistakes, shall be permitted in accordance with rules. After
696+25 bid opening, no changes in bid prices or other provisions of
697+26 bids prejudicial to the interest of the State or fair
698+
699+
700+
701+
702+
703+ HB3641 Enrolled - 20 - LRB103 30390 HLH 56820 b
704+
705+
706+HB3641 Enrolled- 21 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 21 - LRB103 30390 HLH 56820 b
707+ HB3641 Enrolled - 21 - LRB103 30390 HLH 56820 b
708+1 competition shall be permitted. All decisions to permit the
709+2 correction or withdrawal of bids based on bid mistakes shall
710+3 be supported by written determination made by a State
711+4 purchasing officer.
712+5 (g) Award. The contract shall be awarded with reasonable
713+6 promptness by written notice to the lowest responsible and
714+7 responsive bidder whose bid meets the requirements and
715+8 criteria set forth in the invitation for bids, except when a
716+9 State purchasing officer determines it is not in the best
717+10 interest of the State and by written explanation determines
718+11 another bidder shall receive the award. The explanation shall
719+12 appear in the appropriate volume of the Illinois Procurement
720+13 Bulletin. The written explanation must include:
721+14 (1) a description of the agency's needs;
722+15 (2) a determination that the anticipated cost will be
723+16 fair and reasonable;
724+17 (3) a listing of all responsible and responsive
725+18 bidders; and
726+19 (4) the name of the bidder selected, the total
727+20 contract price, and the reasons for selecting that bidder.
728+21 Each chief procurement officer may adopt guidelines to
729+22 implement the requirements of this subsection (g).
730+23 The written explanation shall be filed with the
731+24 Legislative Audit Commission, and the Commission on Equity and
732+25 Inclusion, and the Procurement Policy Board, and be made
733+26 available for inspection by the public, within 14 calendar
734+
735+
736+
737+
738+
739+ HB3641 Enrolled - 21 - LRB103 30390 HLH 56820 b
740+
741+
742+HB3641 Enrolled- 22 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 22 - LRB103 30390 HLH 56820 b
743+ HB3641 Enrolled - 22 - LRB103 30390 HLH 56820 b
744+1 days after the agency's decision to award the contract.
745+2 (h) Multi-step sealed bidding. When it is considered
746+3 impracticable to initially prepare a purchase description to
747+4 support an award based on price, an invitation for bids may be
748+5 issued requesting the submission of unpriced offers to be
749+6 followed by an invitation for bids limited to those bidders
750+7 whose offers have been qualified under the criteria set forth
751+8 in the first solicitation.
752+9 (i) Alternative procedures. Notwithstanding any other
753+10 provision of this Act to the contrary, the Director of the
754+11 Illinois Power Agency may create alternative bidding
755+12 procedures to be used in procuring professional services under
756+13 Section 1-56, subsections (a) and (c) of Section 1-75 and
757+14 subsection (d) of Section 1-78 of the Illinois Power Agency
758+15 Act and Section 16-111.5(c) of the Public Utilities Act and to
759+16 procure renewable energy resources under Section 1-56 of the
760+17 Illinois Power Agency Act. These alternative procedures shall
761+18 be set forth together with the other criteria contained in the
762+19 invitation for bids, and shall appear in the appropriate
763+20 volume of the Illinois Procurement Bulletin.
764+21 (j) Reverse auction. Notwithstanding any other provision
765+22 of this Section and in accordance with rules adopted by the
766+23 chief procurement officer, that chief procurement officer may
767+24 procure supplies or services through a competitive electronic
768+25 auction bidding process after the chief procurement officer
769+26 determines that the use of such a process will be in the best
770+
771+
772+
773+
774+
775+ HB3641 Enrolled - 22 - LRB103 30390 HLH 56820 b
776+
777+
778+HB3641 Enrolled- 23 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 23 - LRB103 30390 HLH 56820 b
779+ HB3641 Enrolled - 23 - LRB103 30390 HLH 56820 b
780+1 interest of the State. The chief procurement officer shall
781+2 publish that determination in his or her next volume of the
782+3 Illinois Procurement Bulletin.
783+4 An invitation for bids shall be issued and shall include
784+5 (i) a procurement description, (ii) all contractual terms,
785+6 whenever practical, and (iii) conditions applicable to the
786+7 procurement, including a notice that bids will be received in
787+8 an electronic auction manner.
788+9 Public notice of the invitation for bids shall be given in
789+10 the same manner as provided in subsection (c).
790+11 Bids shall be accepted electronically at the time and in
791+12 the manner designated in the invitation for bids. During the
792+13 auction, a bidder's price shall be disclosed to other bidders.
793+14 Bidders shall have the opportunity to reduce their bid prices
794+15 during the auction. At the conclusion of the auction, the
795+16 record of the bid prices received and the name of each bidder
796+17 shall be open to public inspection.
797+18 After the auction period has terminated, withdrawal of
798+19 bids shall be permitted as provided in subsection (f).
799+20 The contract shall be awarded within 60 calendar days
800+21 after the auction by written notice to the lowest responsible
801+22 bidder, or all bids shall be rejected except as otherwise
802+23 provided in this Code. Extensions of the date for the award may
803+24 be made by mutual written consent of the State purchasing
804+25 officer and the lowest responsible bidder.
805+26 This subsection does not apply to (i) procurements of
806+
807+
808+
809+
810+
811+ HB3641 Enrolled - 23 - LRB103 30390 HLH 56820 b
812+
813+
814+HB3641 Enrolled- 24 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 24 - LRB103 30390 HLH 56820 b
815+ HB3641 Enrolled - 24 - LRB103 30390 HLH 56820 b
816+1 professional and artistic services, (ii) telecommunications
817+2 services, communication services, and information services,
818+3 and (iii) contracts for construction projects, including
819+4 design professional services.
820+5 (Source: P.A. 101-31, eff. 6-28-19; 101-657, eff. 1-1-22;
821+6 102-29, eff. 6-25-21.)
822+7 (Text of Section from P.A. 96-159, 96-795, 97-96, 97-895,
823+8 98-1076, 99-906, 100-43, 101-31, 101-657, and 102-29)
824+9 Sec. 20-10. Competitive sealed bidding; reverse auction.
825+10 (a) Conditions for use. All contracts shall be awarded by
826+11 competitive sealed bidding except as otherwise provided in
827+12 Section 20-5.
828+13 (b) Invitation for bids. An invitation for bids shall be
829+14 issued and shall include a purchase description and the
830+15 material contractual terms and conditions applicable to the
831+16 procurement.
832+17 (c) Public notice. Public notice of the invitation for
833+18 bids shall be published in the Illinois Procurement Bulletin
834+19 at least 14 calendar days before the date set in the invitation
835+20 for the opening of bids.
836+21 (d) Bid opening. Bids shall be opened publicly or through
837+22 an electronic procurement system in the presence of one or
838+23 more witnesses at the time and place designated in the
839+24 invitation for bids. The name of each bidder, including earned
840+25 and applied bid credit from the Illinois Works Jobs Program
841+
842+
843+
844+
845+
846+ HB3641 Enrolled - 24 - LRB103 30390 HLH 56820 b
847+
848+
849+HB3641 Enrolled- 25 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 25 - LRB103 30390 HLH 56820 b
850+ HB3641 Enrolled - 25 - LRB103 30390 HLH 56820 b
851+1 Act, the amount of each bid, and other relevant information as
852+2 may be specified by rule shall be recorded. After the award of
853+3 the contract, the winning bid and the record of each
854+4 unsuccessful bid shall be open to public inspection.
855+5 (e) Bid acceptance and bid evaluation. Bids shall be
856+6 unconditionally accepted without alteration or correction,
857+7 except as authorized in this Code. Bids shall be evaluated
858+8 based on the requirements set forth in the invitation for
859+9 bids, which may include criteria to determine acceptability
860+10 such as inspection, testing, quality, workmanship, delivery,
861+11 and suitability for a particular purpose. Those criteria that
862+12 will affect the bid price and be considered in evaluation for
863+13 award, such as discounts, transportation costs, and total or
864+14 life cycle costs, shall be objectively measurable. The
865+15 invitation for bids shall set forth the evaluation criteria to
866+16 be used.
867+17 (f) Correction or withdrawal of bids. Correction or
868+18 withdrawal of inadvertently erroneous bids before or after
869+19 award, or cancellation of awards of contracts based on bid
870+20 mistakes, shall be permitted in accordance with rules. After
871+21 bid opening, no changes in bid prices or other provisions of
872+22 bids prejudicial to the interest of the State or fair
873+23 competition shall be permitted. All decisions to permit the
874+24 correction or withdrawal of bids based on bid mistakes shall
875+25 be supported by written determination made by a State
876+26 purchasing officer.
877+
878+
879+
880+
881+
882+ HB3641 Enrolled - 25 - LRB103 30390 HLH 56820 b
883+
884+
885+HB3641 Enrolled- 26 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 26 - LRB103 30390 HLH 56820 b
886+ HB3641 Enrolled - 26 - LRB103 30390 HLH 56820 b
887+1 (g) Award. The contract shall be awarded with reasonable
888+2 promptness by written notice to the lowest responsible and
889+3 responsive bidder whose bid meets the requirements and
890+4 criteria set forth in the invitation for bids, except when a
891+5 State purchasing officer determines it is not in the best
892+6 interest of the State and by written explanation determines
893+7 another bidder shall receive the award. The explanation shall
894+8 appear in the appropriate volume of the Illinois Procurement
895+9 Bulletin. The written explanation must include:
896+10 (1) a description of the agency's needs;
897+11 (2) a determination that the anticipated cost will be
898+12 fair and reasonable;
899+13 (3) a listing of all responsible and responsive
900+14 bidders; and
901+15 (4) the name of the bidder selected, the total
902+16 contract price, and the reasons for selecting that bidder.
903+17 Each chief procurement officer may adopt guidelines to
904+18 implement the requirements of this subsection (g).
905+19 The written explanation shall be filed with the
906+20 Legislative Audit Commission, and the Commission on Equity and
907+21 Inclusion, and the Procurement Policy Board, and be made
908+22 available for inspection by the public, within 14 days after
909+23 the agency's decision to award the contract.
910+24 (h) Multi-step sealed bidding. When it is considered
911+25 impracticable to initially prepare a purchase description to
912+26 support an award based on price, an invitation for bids may be
913+
914+
915+
916+
917+
918+ HB3641 Enrolled - 26 - LRB103 30390 HLH 56820 b
919+
920+
921+HB3641 Enrolled- 27 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 27 - LRB103 30390 HLH 56820 b
922+ HB3641 Enrolled - 27 - LRB103 30390 HLH 56820 b
923+1 issued requesting the submission of unpriced offers to be
924+2 followed by an invitation for bids limited to those bidders
925+3 whose offers have been qualified under the criteria set forth
926+4 in the first solicitation.
927+5 (i) Alternative procedures. Notwithstanding any other
928+6 provision of this Act to the contrary, the Director of the
929+7 Illinois Power Agency may create alternative bidding
930+8 procedures to be used in procuring professional services under
931+9 subsections (a) and (c) of Section 1-75 and subsection (d) of
932+10 Section 1-78 of the Illinois Power Agency Act and Section
933+11 16-111.5(c) of the Public Utilities Act and to procure
934+12 renewable energy resources under Section 1-56 of the Illinois
935+13 Power Agency Act. These alternative procedures shall be set
936+14 forth together with the other criteria contained in the
937+15 invitation for bids, and shall appear in the appropriate
938+16 volume of the Illinois Procurement Bulletin.
939+17 (j) Reverse auction. Notwithstanding any other provision
940+18 of this Section and in accordance with rules adopted by the
941+19 chief procurement officer, that chief procurement officer may
942+20 procure supplies or services through a competitive electronic
943+21 auction bidding process after the chief procurement officer
944+22 determines that the use of such a process will be in the best
945+23 interest of the State. The chief procurement officer shall
946+24 publish that determination in his or her next volume of the
947+25 Illinois Procurement Bulletin.
948+26 An invitation for bids shall be issued and shall include
949+
950+
951+
952+
953+
954+ HB3641 Enrolled - 27 - LRB103 30390 HLH 56820 b
955+
956+
957+HB3641 Enrolled- 28 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 28 - LRB103 30390 HLH 56820 b
958+ HB3641 Enrolled - 28 - LRB103 30390 HLH 56820 b
959+1 (i) a procurement description, (ii) all contractual terms,
960+2 whenever practical, and (iii) conditions applicable to the
961+3 procurement, including a notice that bids will be received in
962+4 an electronic auction manner.
963+5 Public notice of the invitation for bids shall be given in
964+6 the same manner as provided in subsection (c).
965+7 Bids shall be accepted electronically at the time and in
966+8 the manner designated in the invitation for bids. During the
967+9 auction, a bidder's price shall be disclosed to other bidders.
968+10 Bidders shall have the opportunity to reduce their bid prices
969+11 during the auction. At the conclusion of the auction, the
970+12 record of the bid prices received and the name of each bidder
971+13 shall be open to public inspection.
972+14 After the auction period has terminated, withdrawal of
973+15 bids shall be permitted as provided in subsection (f).
974+16 The contract shall be awarded within 60 calendar days
975+17 after the auction by written notice to the lowest responsible
976+18 bidder, or all bids shall be rejected except as otherwise
977+19 provided in this Code. Extensions of the date for the award may
978+20 be made by mutual written consent of the State purchasing
979+21 officer and the lowest responsible bidder.
980+22 This subsection does not apply to (i) procurements of
981+23 professional and artistic services, (ii) telecommunications
982+24 services, communication services, and information services,
983+25 and (iii) contracts for construction projects, including
984+26 design professional services.
985+
986+
987+
988+
989+
990+ HB3641 Enrolled - 28 - LRB103 30390 HLH 56820 b
991+
992+
993+HB3641 Enrolled- 29 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 29 - LRB103 30390 HLH 56820 b
994+ HB3641 Enrolled - 29 - LRB103 30390 HLH 56820 b
995+1 (Source: P.A. 101-31, eff. 6-28-19; 101-657, eff. 1-1-22;
996+2 102-29, eff. 6-25-21.)
997+3 (Text of Section after amendment by P.A. 103-558)
998+4 (Text of Section from P.A. 96-159, 96-588, 97-96, 97-895,
999+5 98-1076, 99-906, 100-43, 101-31, 101-657, 102-29, and 103-558)
1000+6 Sec. 20-10. Competitive sealed bidding; reverse auction.
1001+7 (a) Conditions for use. All contracts shall be awarded by
1002+8 competitive sealed bidding except as otherwise provided in
1003+9 Section 20-5.
1004+10 (b) Invitation for bids. An invitation for bids shall be
1005+11 issued and shall include a purchase description and the
1006+12 material contractual terms and conditions applicable to the
1007+13 procurement.
1008+14 (c) Public notice. Public notice of the invitation for
1009+15 bids shall be published in the Illinois Procurement Bulletin
1010+16 at least 14 calendar days before the date set in the invitation
1011+17 for the opening of bids.
1012+18 (d) Bid opening. Bids shall be opened publicly or through
1013+19 an electronic procurement system in the presence of one or
1014+20 more witnesses at the time and place designated in the
1015+21 invitation for bids. The name of each bidder, including earned
1016+22 and applied bid credit from the Illinois Works Jobs Program
1017+23 Act, the amount of each bid, and other relevant information as
1018+24 may be specified by rule shall be recorded. After the award of
1019+25 the contract, the winning bid and the record of each
1020+
1021+
1022+
1023+
1024+
1025+ HB3641 Enrolled - 29 - LRB103 30390 HLH 56820 b
1026+
1027+
1028+HB3641 Enrolled- 30 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 30 - LRB103 30390 HLH 56820 b
1029+ HB3641 Enrolled - 30 - LRB103 30390 HLH 56820 b
1030+1 unsuccessful bid shall be open to public inspection.
1031+2 (e) Bid acceptance and bid evaluation. Bids shall be
1032+3 unconditionally accepted without alteration or correction,
1033+4 except as authorized in this Code. Bids shall be evaluated
1034+5 based on the requirements set forth in the invitation for
1035+6 bids, which may include criteria to determine acceptability
1036+7 such as inspection, testing, quality, workmanship, delivery,
1037+8 and suitability for a particular purpose. Those criteria that
1038+9 will affect the bid price and be considered in evaluation for
1039+10 award, such as discounts, transportation costs, and total or
1040+11 life cycle costs, shall be objectively measurable. The
1041+12 invitation for bids shall set forth the evaluation criteria to
1042+13 be used.
1043+14 (f) Correction or withdrawal of bids. Correction or
1044+15 withdrawal of inadvertently erroneous bids before or after
1045+16 award, or cancellation of awards of contracts based on bid
1046+17 mistakes, shall be permitted in accordance with rules. After
1047+18 bid opening, no changes in bid prices or other provisions of
1048+19 bids prejudicial to the interest of the State or fair
1049+20 competition shall be permitted. All decisions to permit the
1050+21 correction or withdrawal of bids based on bid mistakes shall
1051+22 be supported by written determination made by a State
1052+23 purchasing officer.
1053+24 (g) Award. The contract shall be awarded with reasonable
1054+25 promptness by written notice to the lowest responsible and
1055+26 responsive bidder whose bid meets the requirements and
1056+
1057+
1058+
1059+
1060+
1061+ HB3641 Enrolled - 30 - LRB103 30390 HLH 56820 b
1062+
1063+
1064+HB3641 Enrolled- 31 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 31 - LRB103 30390 HLH 56820 b
1065+ HB3641 Enrolled - 31 - LRB103 30390 HLH 56820 b
1066+1 criteria set forth in the invitation for bids, except when a
1067+2 State purchasing officer determines it is not in the best
1068+3 interest of the State and by written explanation determines
1069+4 another bidder shall receive the award. The explanation shall
1070+5 appear in the appropriate volume of the Illinois Procurement
1071+6 Bulletin. The written explanation must include:
1072+7 (1) a description of the agency's needs;
1073+8 (2) a determination that the anticipated cost will be
1074+9 fair and reasonable;
1075+10 (3) a listing of all responsible and responsive
1076+11 bidders; and
1077+12 (4) the name of the bidder selected, the total
1078+13 contract price, and the reasons for selecting that bidder.
1079+14 Each chief procurement officer may adopt guidelines to
1080+15 implement the requirements of this subsection (g).
1081+16 The written explanation shall be filed with the
1082+17 Legislative Audit Commission, and the Commission on Equity and
1083+18 Inclusion, and the Procurement Policy Board, and be made
1084+19 available for inspection by the public, within 14 calendar
1085+20 days after the agency's decision to award the contract.
1086+21 (g-5) Failed bid notice. In addition to the requirements
1087+22 of subsection (g), if a bidder has failed to be awarded a
1088+23 contract after 4 consecutive bids to provide the same services
1089+24 to the Department of Transportation, the Capital Development
1090+25 Board, or the Illinois State Toll Highway Authority, the
1091+26 applicable agency shall, in writing, detail why each of the 4
1092+
1093+
1094+
1095+
1096+
1097+ HB3641 Enrolled - 31 - LRB103 30390 HLH 56820 b
1098+
1099+
1100+HB3641 Enrolled- 32 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 32 - LRB103 30390 HLH 56820 b
1101+ HB3641 Enrolled - 32 - LRB103 30390 HLH 56820 b
1102+1 bids was not awarded to the bidder. The applicable agency
1103+2 shall submit by certified copy to the bidder the reason or
1104+3 reasons why each of the 4 bids was not awarded to the bidder.
1105+4 The agency shall submit that certified copy to the bidder
1106+5 within the same calendar quarter in which the fourth bid was
1107+6 rejected. This subsection does not apply if information
1108+7 pertaining to a failed bid was previously disclosed to a
1109+8 bidder by electronic means. If any agency chooses to provide
1110+9 information by electronic means, the agency shall have a
1111+10 written policy outlining how the agency will reasonably ensure
1112+11 the bidder receives the information. For the purposes of this
1113+12 subsection, "electronic means" means an email communication
1114+13 from the applicable agency to the bidder or a public posting on
1115+14 the applicable agency's procurement bulletin.
1116+15 (h) Multi-step sealed bidding. When it is considered
1117+16 impracticable to initially prepare a purchase description to
1118+17 support an award based on price, an invitation for bids may be
1119+18 issued requesting the submission of unpriced offers to be
1120+19 followed by an invitation for bids limited to those bidders
1121+20 whose offers have been qualified under the criteria set forth
1122+21 in the first solicitation.
1123+22 (i) Alternative procedures. Notwithstanding any other
1124+23 provision of this Act to the contrary, the Director of the
1125+24 Illinois Power Agency may create alternative bidding
1126+25 procedures to be used in procuring professional services under
1127+26 Section 1-56, subsections (a) and (c) of Section 1-75 and
1128+
1129+
1130+
1131+
1132+
1133+ HB3641 Enrolled - 32 - LRB103 30390 HLH 56820 b
1134+
1135+
1136+HB3641 Enrolled- 33 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 33 - LRB103 30390 HLH 56820 b
1137+ HB3641 Enrolled - 33 - LRB103 30390 HLH 56820 b
1138+1 subsection (d) of Section 1-78 of the Illinois Power Agency
1139+2 Act and Section 16-111.5(c) of the Public Utilities Act and to
1140+3 procure renewable energy resources under Section 1-56 of the
1141+4 Illinois Power Agency Act. These alternative procedures shall
1142+5 be set forth together with the other criteria contained in the
1143+6 invitation for bids, and shall appear in the appropriate
1144+7 volume of the Illinois Procurement Bulletin.
1145+8 (j) Reverse auction. Notwithstanding any other provision
1146+9 of this Section and in accordance with rules adopted by the
1147+10 chief procurement officer, that chief procurement officer may
1148+11 procure supplies or services through a competitive electronic
1149+12 auction bidding process after the chief procurement officer
1150+13 determines that the use of such a process will be in the best
1151+14 interest of the State. The chief procurement officer shall
1152+15 publish that determination in his or her next volume of the
1153+16 Illinois Procurement Bulletin.
1154+17 An invitation for bids shall be issued and shall include
1155+18 (i) a procurement description, (ii) all contractual terms,
1156+19 whenever practical, and (iii) conditions applicable to the
1157+20 procurement, including a notice that bids will be received in
1158+21 an electronic auction manner.
1159+22 Public notice of the invitation for bids shall be given in
1160+23 the same manner as provided in subsection (c).
1161+24 Bids shall be accepted electronically at the time and in
1162+25 the manner designated in the invitation for bids. During the
1163+26 auction, a bidder's price shall be disclosed to other bidders.
1164+
1165+
1166+
1167+
1168+
1169+ HB3641 Enrolled - 33 - LRB103 30390 HLH 56820 b
1170+
1171+
1172+HB3641 Enrolled- 34 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 34 - LRB103 30390 HLH 56820 b
1173+ HB3641 Enrolled - 34 - LRB103 30390 HLH 56820 b
1174+1 Bidders shall have the opportunity to reduce their bid prices
1175+2 during the auction. At the conclusion of the auction, the
1176+3 record of the bid prices received and the name of each bidder
1177+4 shall be open to public inspection.
1178+5 After the auction period has terminated, withdrawal of
1179+6 bids shall be permitted as provided in subsection (f).
1180+7 The contract shall be awarded within 60 calendar days
1181+8 after the auction by written notice to the lowest responsible
1182+9 bidder, or all bids shall be rejected except as otherwise
1183+10 provided in this Code. Extensions of the date for the award may
1184+11 be made by mutual written consent of the State purchasing
1185+12 officer and the lowest responsible bidder.
1186+13 This subsection does not apply to (i) procurements of
1187+14 professional and artistic services, (ii) telecommunications
1188+15 services, communication services, and information services,
1189+16 and (iii) contracts for construction projects, including
1190+17 design professional services.
1191+18 (Source: P.A. 102-29, eff. 6-25-21; 103-558, eff. 1-1-24.)
1192+19 (Text of Section from P.A. 96-159, 96-795, 97-96, 97-895,
1193+20 98-1076, 99-906, 100-43, 101-31, 101-657, 102-29, and 103-558)
1194+21 Sec. 20-10. Competitive sealed bidding; reverse auction.
1195+22 (a) Conditions for use. All contracts shall be awarded by
1196+23 competitive sealed bidding except as otherwise provided in
1197+24 Section 20-5.
1198+25 (b) Invitation for bids. An invitation for bids shall be
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1209+1 issued and shall include a purchase description and the
1210+2 material contractual terms and conditions applicable to the
1211+3 procurement.
1212+4 (c) Public notice. Public notice of the invitation for
1213+5 bids shall be published in the Illinois Procurement Bulletin
1214+6 at least 14 calendar days before the date set in the invitation
1215+7 for the opening of bids.
1216+8 (d) Bid opening. Bids shall be opened publicly or through
1217+9 an electronic procurement system in the presence of one or
1218+10 more witnesses at the time and place designated in the
1219+11 invitation for bids. The name of each bidder, including earned
1220+12 and applied bid credit from the Illinois Works Jobs Program
1221+13 Act, the amount of each bid, and other relevant information as
1222+14 may be specified by rule shall be recorded. After the award of
1223+15 the contract, the winning bid and the record of each
1224+16 unsuccessful bid shall be open to public inspection.
1225+17 (e) Bid acceptance and bid evaluation. Bids shall be
1226+18 unconditionally accepted without alteration or correction,
1227+19 except as authorized in this Code. Bids shall be evaluated
1228+20 based on the requirements set forth in the invitation for
1229+21 bids, which may include criteria to determine acceptability
1230+22 such as inspection, testing, quality, workmanship, delivery,
1231+23 and suitability for a particular purpose. Those criteria that
1232+24 will affect the bid price and be considered in evaluation for
1233+25 award, such as discounts, transportation costs, and total or
1234+26 life cycle costs, shall be objectively measurable. The
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1245+1 invitation for bids shall set forth the evaluation criteria to
1246+2 be used.
1247+3 (f) Correction or withdrawal of bids. Correction or
1248+4 withdrawal of inadvertently erroneous bids before or after
1249+5 award, or cancellation of awards of contracts based on bid
1250+6 mistakes, shall be permitted in accordance with rules. After
1251+7 bid opening, no changes in bid prices or other provisions of
1252+8 bids prejudicial to the interest of the State or fair
1253+9 competition shall be permitted. All decisions to permit the
1254+10 correction or withdrawal of bids based on bid mistakes shall
1255+11 be supported by written determination made by a State
1256+12 purchasing officer.
1257+13 (g) Award. The contract shall be awarded with reasonable
1258+14 promptness by written notice to the lowest responsible and
1259+15 responsive bidder whose bid meets the requirements and
1260+16 criteria set forth in the invitation for bids, except when a
1261+17 State purchasing officer determines it is not in the best
1262+18 interest of the State and by written explanation determines
1263+19 another bidder shall receive the award. The explanation shall
1264+20 appear in the appropriate volume of the Illinois Procurement
1265+21 Bulletin. The written explanation must include:
1266+22 (1) a description of the agency's needs;
1267+23 (2) a determination that the anticipated cost will be
1268+24 fair and reasonable;
1269+25 (3) a listing of all responsible and responsive
1270+26 bidders; and
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1281+1 (4) the name of the bidder selected, the total
1282+2 contract price, and the reasons for selecting that bidder.
1283+3 Each chief procurement officer may adopt guidelines to
1284+4 implement the requirements of this subsection (g).
1285+5 The written explanation shall be filed with the
1286+6 Legislative Audit Commission, and the Commission on Equity and
1287+7 Inclusion, and the Procurement Policy Board, and be made
1288+8 available for inspection by the public, within 14 days after
1289+9 the agency's decision to award the contract.
1290+10 (g-5) Failed bid notice. In addition to the requirements
1291+11 of subsection (g), if a bidder has failed to be awarded a
1292+12 contract after 4 consecutive bids to provide the same services
1293+13 to the Department of Transportation, the Capital Development
1294+14 Board, or the Illinois State Toll Highway Authority, the
1295+15 applicable agency shall, in writing, detail why each of the 4
1296+16 bids was not awarded to the bidder. The applicable agency
1297+17 shall submit by certified copy to the bidder the reason or
1298+18 reasons why each of the 4 bids was not awarded to the bidder.
1299+19 The agency shall submit that certified copy to the bidder
1300+20 within the same calendar quarter in which the fourth bid was
1301+21 rejected. This subsection does not apply if information
1302+22 pertaining to a failed bid was previously disclosed to a
1303+23 bidder by electronic means. If any agency chooses to provide
1304+24 information by electronic means, the agency shall have a
1305+25 written policy outlining how the agency will reasonably ensure
1306+26 the bidder receives the information. For the purposes of this
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1317+1 subsection, "electronic means" means an email communication
1318+2 from the applicable agency to the bidder or a public posting on
1319+3 the applicable agency's procurement bulletin.
1320+4 (h) Multi-step sealed bidding. When it is considered
1321+5 impracticable to initially prepare a purchase description to
1322+6 support an award based on price, an invitation for bids may be
1323+7 issued requesting the submission of unpriced offers to be
1324+8 followed by an invitation for bids limited to those bidders
1325+9 whose offers have been qualified under the criteria set forth
1326+10 in the first solicitation.
1327+11 (i) Alternative procedures. Notwithstanding any other
1328+12 provision of this Act to the contrary, the Director of the
1329+13 Illinois Power Agency may create alternative bidding
1330+14 procedures to be used in procuring professional services under
1331+15 subsections (a) and (c) of Section 1-75 and subsection (d) of
1332+16 Section 1-78 of the Illinois Power Agency Act and Section
1333+17 16-111.5(c) of the Public Utilities Act and to procure
1334+18 renewable energy resources under Section 1-56 of the Illinois
1335+19 Power Agency Act. These alternative procedures shall be set
1336+20 forth together with the other criteria contained in the
1337+21 invitation for bids, and shall appear in the appropriate
1338+22 volume of the Illinois Procurement Bulletin.
1339+23 (j) Reverse auction. Notwithstanding any other provision
1340+24 of this Section and in accordance with rules adopted by the
1341+25 chief procurement officer, that chief procurement officer may
1342+26 procure supplies or services through a competitive electronic
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1353+1 auction bidding process after the chief procurement officer
1354+2 determines that the use of such a process will be in the best
1355+3 interest of the State. The chief procurement officer shall
1356+4 publish that determination in his or her next volume of the
1357+5 Illinois Procurement Bulletin.
1358+6 An invitation for bids shall be issued and shall include
1359+7 (i) a procurement description, (ii) all contractual terms,
1360+8 whenever practical, and (iii) conditions applicable to the
1361+9 procurement, including a notice that bids will be received in
1362+10 an electronic auction manner.
1363+11 Public notice of the invitation for bids shall be given in
1364+12 the same manner as provided in subsection (c).
1365+13 Bids shall be accepted electronically at the time and in
1366+14 the manner designated in the invitation for bids. During the
1367+15 auction, a bidder's price shall be disclosed to other bidders.
1368+16 Bidders shall have the opportunity to reduce their bid prices
1369+17 during the auction. At the conclusion of the auction, the
1370+18 record of the bid prices received and the name of each bidder
1371+19 shall be open to public inspection.
1372+20 After the auction period has terminated, withdrawal of
1373+21 bids shall be permitted as provided in subsection (f).
1374+22 The contract shall be awarded within 60 calendar days
1375+23 after the auction by written notice to the lowest responsible
1376+24 bidder, or all bids shall be rejected except as otherwise
1377+25 provided in this Code. Extensions of the date for the award may
1378+26 be made by mutual written consent of the State purchasing
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1389+1 officer and the lowest responsible bidder.
1390+2 This subsection does not apply to (i) procurements of
1391+3 professional and artistic services, (ii) telecommunications
1392+4 services, communication services, and information services,
1393+5 and (iii) contracts for construction projects, including
1394+6 design professional services.
1395+7 (Source: P.A. 102-29, eff. 6-25-21; 103-558, eff. 1-1-24.)
1396+8 Section 30. The Emergency Telephone System Act is amended
1397+9 by changing Sections 19, 30, and 35 as follows:
1398+10 (50 ILCS 750/19)
1399+11 (Section scheduled to be repealed on December 31, 2025)
1400+12 Sec. 19. Statewide 9-1-1 Advisory Board.
1401+13 (a) Beginning July 1, 2015, there is created the Statewide
1402+14 9-1-1 Advisory Board within the Illinois State Police. The
1403+15 Board shall consist of the following voting members:
1404+16 (1) The Director of the Illinois State Police, or his
1405+17 or her designee, who shall serve as chairman.
1406+18 (2) The Executive Director of the Commission, or his
1407+19 or her designee.
1408+20 (3) Members appointed by the Governor as follows:
1409+21 (A) one member representing the Illinois chapter
1410+22 of the National Emergency Number Association, or his
1411+23 or her designee;
1412+24 (B) one member representing the Illinois chapter
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1423+1 of the Association of Public-Safety Communications
1424+2 Officials, or his or her designee;
1425+3 (C) one member representing a county 9-1-1 system
1426+4 from a county with a population of less than 37,000;
1427+5 (C-5) one member representing a county 9-1-1
1428+6 system from a county with a population between 37,000
1429+7 and 100,000;
1430+8 (D) one member representing a county 9-1-1 system
1431+9 from a county with a population between 100,001 and
1432+10 250,000;
1433+11 (E) one member representing a county 9-1-1 system
1434+12 from a county with a population of more than 250,000;
1435+13 (F) one member representing a municipal or
1436+14 intergovernmental cooperative 9-1-1 system, excluding
1437+15 any single municipality with a population over
1438+16 500,000;
1439+17 (G) one member representing the Illinois
1440+18 Association of Chiefs of Police;
1441+19 (H) one member representing the Illinois Sheriffs'
1442+20 Association; and
1443+21 (I) one member representing the Illinois Fire
1444+22 Chiefs Association.
1445+23 The Governor shall appoint the following non-voting
1446+24 members: (i) one member representing an incumbent local
1447+25 exchange 9-1-1 system provider; (ii) one member representing a
1448+26 non-incumbent local exchange 9-1-1 system provider; (iii) one
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1459+1 member representing a large wireless carrier; (iv) one member
1460+2 representing an incumbent local exchange carrier; (v) one
1461+3 member representing the Illinois Broadband and
1462+4 Telecommunications Association; (vi) one member representing
1463+5 the Illinois Broadband and Cable Association; and (vii) one
1464+6 member representing the Illinois State Ambulance Association.
1465+7 The Speaker of the House of Representatives, the Minority
1466+8 Leader of the House of Representatives, the President of the
1467+9 Senate, and the Minority Leader of the Senate may each appoint
1468+10 a member of the General Assembly to temporarily serve as a
1469+11 non-voting member of the Board during the 12 months prior to
1470+12 the repeal date of this Act to discuss legislative initiatives
1471+13 of the Board.
1472+14 (b) The Governor shall make initial appointments to the
1473+15 Statewide 9-1-1 Advisory Board by August 31, 2015. Six of the
1474+16 voting members appointed by the Governor shall serve an
1475+17 initial term of 2 years, and the remaining voting members
1476+18 appointed by the Governor shall serve an initial term of 3
1477+19 years. Thereafter, each appointment by the Governor shall be
1478+20 for a term of 3 years and until their respective successors are
1479+21 appointed. Non-voting members shall serve for a term of 3
1480+22 years. Vacancies shall be filled in the same manner as the
1481+23 original appointment. Persons appointed to fill a vacancy
1482+24 shall serve for the balance of the unexpired term.
1483+25 Members of the Statewide 9-1-1 Advisory Board shall serve
1484+26 without compensation.
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1495+1 (c) The 9-1-1 Services Advisory Board, as constituted on
1496+2 June 1, 2015 without the legislative members, shall serve in
1497+3 the role of the Statewide 9-1-1 Advisory Board until all
1498+4 appointments of voting members have been made by the Governor
1499+5 under subsection (a) of this Section.
1500+6 (d) The Statewide 9-1-1 Advisory Board shall:
1501+7 (1) advise the Illinois State Police and the Statewide
1502+8 9-1-1 Administrator on the oversight of 9-1-1 systems and
1503+9 the development and implementation of a uniform statewide
1504+10 9-1-1 system;
1505+11 (2) make recommendations to the Governor and the
1506+12 General Assembly regarding improvements to 9-1-1 services
1507+13 throughout the State; and
1508+14 (3) exercise all other powers and duties provided in
1509+15 this Act.
1510+16 (e) The Statewide 9-1-1 Advisory Board shall submit to the
1511+17 General Assembly a report by March 1 of each year providing an
1512+18 update on the transition to a statewide 9-1-1 system and
1513+19 recommending any legislative action.
1514+20 (f) The Illinois State Police shall provide administrative
1515+21 support to the Statewide 9-1-1 Advisory Board.
1516+22 (Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21;
1517+23 102-813, eff. 5-13-22.)
1518+24 (50 ILCS 750/30)
1519+25 (Text of Section before amendment by P.A. 103-366)
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1530+1 (Section scheduled to be repealed on December 31, 2025)
1531+2 Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement.
1532+3 (a) A special fund in the State treasury known as the
1533+4 Wireless Service Emergency Fund shall be renamed the Statewide
1534+5 9-1-1 Fund. Any appropriations made from the Wireless Service
1535+6 Emergency Fund shall be payable from the Statewide 9-1-1 Fund.
1536+7 The Fund shall consist of the following:
1537+8 (1) 9-1-1 wireless surcharges assessed under the
1538+9 Wireless Emergency Telephone Safety Act.
1539+10 (2) 9-1-1 surcharges assessed under Section 20 of this
1540+11 Act.
1541+12 (3) Prepaid wireless 9-1-1 surcharges assessed under
1542+13 Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act.
1543+14 (4) Any appropriations, grants, or gifts made to the
1544+15 Fund.
1545+16 (5) Any income from interest, premiums, gains, or
1546+17 other earnings on moneys in the Fund.
1547+18 (6) Money from any other source that is deposited in
1548+19 or transferred to the Fund.
1549+20 (b) Subject to appropriation and availability of funds,
1550+21 the Illinois State Police shall distribute the 9-1-1
1551+22 surcharges monthly as follows:
1552+23 (1) From each surcharge collected and remitted under
1553+24 Section 20 of this Act:
1554+25 (A) $0.013 shall be distributed monthly in equal
1555+26 amounts to each County Emergency Telephone System
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1566+1 Board in counties with a population under 100,000
1567+2 according to the most recent census data which is
1568+3 authorized to serve as a primary wireless 9-1-1 public
1569+4 safety answering point for the county and to provide
1570+5 wireless 9-1-1 service as prescribed by subsection (b)
1571+6 of Section 15.6a of this Act, and which does provide
1572+7 such service.
1573+8 (B) $0.033 shall be transferred by the Comptroller
1574+9 at the direction of the Illinois State Police to the
1575+10 Wireless Carrier Reimbursement Fund until June 30,
1576+11 2017; from July 1, 2017 through June 30, 2018, $0.026
1577+12 shall be transferred; from July 1, 2018 through June
1578+13 30, 2019, $0.020 shall be transferred; from July 1,
1579+14 2019, through June 30, 2020, $0.013 shall be
1580+15 transferred; from July 1, 2020 through June 30, 2021,
1581+16 $0.007 will be transferred; and after June 30, 2021,
1582+17 no transfer shall be made to the Wireless Carrier
1583+18 Reimbursement Fund.
1584+19 (C) Until December 31, 2017, $0.007 and on and
1585+20 after January 1, 2018, $0.017 shall be used to cover
1586+21 the Illinois State Police's administrative costs.
1587+22 (D) Beginning January 1, 2018, until June 30,
1588+23 2020, $0.12, and on and after July 1, 2020, $0.04 shall
1589+24 be used to make monthly proportional grants to the
1590+25 appropriate 9-1-1 Authority currently taking wireless
1591+26 9-1-1 based upon the United States Postal Zip Code of
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1602+1 the billing addresses of subscribers wireless
1603+2 carriers.
1604+3 (E) Until June 30, 2025 2023, $0.05 shall be used
1605+4 by the Illinois State Police for grants for NG9-1-1
1606+5 expenses, with priority given to 9-1-1 Authorities
1607+6 that provide 9-1-1 service within the territory of a
1608+7 Large Electing Provider as defined in Section 13-406.1
1609+8 of the Public Utilities Act.
1610+9 (F) On and after July 1, 2020, $0.13 shall be used
1611+10 for the implementation of and continuing expenses for
1612+11 the Statewide NG9-1-1 system.
1613+12 (2) After disbursements under paragraph (1) of this
1614+13 subsection (b), all remaining funds in the Statewide 9-1-1
1615+14 Fund shall be disbursed in the following priority order:
1616+15 (A) The Fund shall pay monthly to:
1617+16 (i) the 9-1-1 Authorities that imposed
1618+17 surcharges under Section 15.3 of this Act and were
1619+18 required to report to the Illinois Commerce
1620+19 Commission under Section 27 of the Wireless
1621+20 Emergency Telephone Safety Act on October 1, 2014,
1622+21 except a 9-1-1 Authority in a municipality with a
1623+22 population in excess of 500,000, an amount equal
1624+23 to the average monthly wireline and VoIP surcharge
1625+24 revenue attributable to the most recent 12-month
1626+25 period reported to the Illinois State Police under
1627+26 that Section for the October 1, 2014 filing,
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1638+1 subject to the power of the Illinois State Police
1639+2 to investigate the amount reported and adjust the
1640+3 number by order under Article X of the Public
1641+4 Utilities Act, so that the monthly amount paid
1642+5 under this item accurately reflects one-twelfth of
1643+6 the aggregate wireline and VoIP surcharge revenue
1644+7 properly attributable to the most recent 12-month
1645+8 period reported to the Commission; or
1646+9 (ii) county qualified governmental entities
1647+10 that did not impose a surcharge under Section 15.3
1648+11 as of December 31, 2015, and counties that did not
1649+12 impose a surcharge as of June 30, 2015, an amount
1650+13 equivalent to their population multiplied by .37
1651+14 multiplied by the rate of $0.69; counties that are
1652+15 not county qualified governmental entities and
1653+16 that did not impose a surcharge as of December 31,
1654+17 2015, shall not begin to receive the payment
1655+18 provided for in this subsection until E9-1-1 and
1656+19 wireless E9-1-1 services are provided within their
1657+20 counties; or
1658+21 (iii) counties without 9-1-1 service that had
1659+22 a surcharge in place by December 31, 2015, an
1660+23 amount equivalent to their population multiplied
1661+24 by .37 multiplied by their surcharge rate as
1662+25 established by the referendum.
1663+26 (B) All 9-1-1 network costs for systems outside of
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1674+1 municipalities with a population of at least 500,000
1675+2 shall be paid by the Illinois State Police directly to
1676+3 the vendors.
1677+4 (C) All expenses incurred by the Administrator and
1678+5 the Statewide 9-1-1 Advisory Board and costs
1679+6 associated with procurement under Section 15.6b
1680+7 including requests for information and requests for
1681+8 proposals.
1682+9 (D) Funds may be held in reserve by the Statewide
1683+10 9-1-1 Advisory Board and disbursed by the Illinois
1684+11 State Police for grants under Section 15.4b of this
1685+12 Act and for NG9-1-1 expenses up to $12.5 million per
1686+13 year in State fiscal years 2016 and 2017; up to $20
1687+14 million in State fiscal year 2018; up to $20.9 million
1688+15 in State fiscal year 2019; up to $15.3 million in State
1689+16 fiscal year 2020; up to $16.2 million in State fiscal
1690+17 year 2021; up to $23.1 million in State fiscal year
1691+18 2022; and up to $17.0 million per year for State fiscal
1692+19 year 2023 and each year thereafter. The amount held in
1693+20 reserve in State fiscal years 2021, 2022, and 2023
1694+21 shall not be less than $6.5 million. Disbursements
1695+22 under this subparagraph (D) shall be prioritized as
1696+23 follows: (i) consolidation grants prioritized under
1697+24 subsection (a) of Section 15.4b of this Act; (ii)
1698+25 NG9-1-1 expenses; and (iii) consolidation grants under
1699+26 Section 15.4b of this Act for consolidation expenses
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1710+1 incurred between January 1, 2010, and January 1, 2016.
1711+2 (E) All remaining funds per remit month shall be
1712+3 used to make monthly proportional grants to the
1713+4 appropriate 9-1-1 Authority currently taking wireless
1714+5 9-1-1 based upon the United States Postal Zip Code of
1715+6 the billing addresses of subscribers of wireless
1716+7 carriers.
1717+8 (c) The moneys deposited into the Statewide 9-1-1 Fund
1718+9 under this Section shall not be subject to administrative
1719+10 charges or chargebacks unless otherwise authorized by this
1720+11 Act.
1721+12 (d) Whenever two or more 9-1-1 Authorities consolidate,
1722+13 the resulting Joint Emergency Telephone System Board shall be
1723+14 entitled to the monthly payments that had theretofore been
1724+15 made to each consolidating 9-1-1 Authority. Any reserves held
1725+16 by any consolidating 9-1-1 Authority shall be transferred to
1726+17 the resulting Joint Emergency Telephone System Board. Whenever
1727+18 a county that has no 9-1-1 service as of January 1, 2016 enters
1728+19 into an agreement to consolidate to create or join a Joint
1729+20 Emergency Telephone System Board, the Joint Emergency
1730+21 Telephone System Board shall be entitled to the monthly
1731+22 payments that would have otherwise been paid to the county if
1732+23 it had provided 9-1-1 service.
1733+24 (Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21;
1734+25 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
1735+
1736+
1737+
1738+
1739+
1740+ HB3641 Enrolled - 49 - LRB103 30390 HLH 56820 b
1741+
1742+
1743+HB3641 Enrolled- 50 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 50 - LRB103 30390 HLH 56820 b
1744+ HB3641 Enrolled - 50 - LRB103 30390 HLH 56820 b
1745+1 (Text of Section after amendment by P.A. 103-366)
1746+2 (Section scheduled to be repealed on December 31, 2025)
1747+3 Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement.
1748+4 (a) A special fund in the State treasury known as the
1749+5 Wireless Service Emergency Fund shall be renamed the Statewide
1750+6 9-1-1 Fund. Any appropriations made from the Wireless Service
1751+7 Emergency Fund shall be payable from the Statewide 9-1-1 Fund.
1752+8 The Fund shall consist of the following:
1753+9 (1) (Blank).
1754+10 (2) 9-1-1 surcharges assessed under Section 20 of this
1755+11 Act.
1756+12 (3) Prepaid wireless 9-1-1 surcharges assessed under
1757+13 Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act.
1758+14 (4) Any appropriations, grants, or gifts made to the
1759+15 Fund.
1760+16 (5) Any income from interest, premiums, gains, or
1761+17 other earnings on moneys in the Fund.
1762+18 (6) Money from any other source that is deposited in
1763+19 or transferred to the Fund.
1764+20 (b) Subject to appropriation and availability of funds,
1765+21 the Illinois State Police shall distribute the 9-1-1
1766+22 surcharges monthly as follows:
1767+23 (1) From each surcharge collected and remitted under
1768+24 Section 20 of this Act:
1769+25 (A) $0.013 shall be distributed monthly in equal
1770+26 amounts to each County Emergency Telephone System
1771+
1772+
1773+
1774+
1775+
1776+ HB3641 Enrolled - 50 - LRB103 30390 HLH 56820 b
1777+
1778+
1779+HB3641 Enrolled- 51 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 51 - LRB103 30390 HLH 56820 b
1780+ HB3641 Enrolled - 51 - LRB103 30390 HLH 56820 b
1781+1 Board in counties with a population under 100,000
1782+2 according to the most recent census data which is
1783+3 authorized to serve as a primary wireless 9-1-1 public
1784+4 safety answering point for the county and to provide
1785+5 wireless 9-1-1 service as prescribed by subsection (b)
1786+6 of Section 15.6a of this Act, and which does provide
1787+7 such service.
1788+8 (B) (Blank).
1789+9 (C) Until December 31, 2017, $0.007 and on and
1790+10 after January 1, 2018, $0.017 shall be used to cover
1791+11 the Illinois State Police's administrative costs.
1792+12 (D) Beginning January 1, 2018, until June 30,
1793+13 2020, $0.12, and on and after July 1, 2020, $0.04 shall
1794+14 be used to make monthly disbursements to the
1795+15 appropriate 9-1-1 Authority currently taking wireless
1796+16 9-1-1 based upon the United States Postal Zip Code of
1797+17 the billing addresses of subscribers wireless
1798+18 carriers.
1799+19 (E) Until June 30, 2025 2023, $0.05 shall be used
1800+20 by the Illinois State Police for grants for NG9-1-1
1801+21 expenses, with priority given to 9-1-1 Authorities
1802+22 that provide 9-1-1 service within the territory of a
1803+23 Large Electing Provider as defined in Section 13-406.1
1804+24 of the Public Utilities Act.
1805+25 (F) On and after July 1, 2020, $0.13 shall be used
1806+26 for the implementation of and continuing expenses for
1807+
1808+
1809+
1810+
1811+
1812+ HB3641 Enrolled - 51 - LRB103 30390 HLH 56820 b
1813+
1814+
1815+HB3641 Enrolled- 52 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 52 - LRB103 30390 HLH 56820 b
1816+ HB3641 Enrolled - 52 - LRB103 30390 HLH 56820 b
1817+1 the Statewide NG9-1-1 system.
1818+2 (1.5) Beginning on the effective date of this
1819+3 amendatory Act of the 103rd General Assembly, to assist
1820+4 with the implementation of the statewide Next Generation
1821+5 9-1-1 network, the Illinois State Police's administrative
1822+6 costs include the one-time capital cost of upgrading the
1823+7 Illinois State Police's call-handling equipment to meet
1824+8 the standards necessary to access and increase
1825+9 interoperability with the statewide Next Generation 9-1-1
1826+10 network.
1827+11 (A) Upon completion of the Illinois State Police's
1828+12 call-handling equipment upgrades, but no later than
1829+13 June 30, 2024, surplus moneys in excess of $1,000,000
1830+14 from subparagraph (C) of paragraph (1) not utilized by
1831+15 the Illinois State Police for administrative costs
1832+16 shall be distributed to the 9-1-1 Authorities in
1833+17 accordance with subparagraph (E) of paragraph (2) on
1834+18 an annual basis at the end of the State fiscal year.
1835+19 Any remaining surplus money may also be distributed
1836+20 consistent with this paragraph (1.5) at the discretion
1837+21 of the Illinois State Police.
1838+22 (B) Upon implementation of the Statewide NG9-1-1
1839+23 system, but no later than June 30, 2024, surplus
1840+24 moneys in excess of $5,000,000 from subparagraph (F)
1841+25 of paragraph (1) not utilized by the Illinois State
1842+26 Police for the implementation of and continuing
1843+
1844+
1845+
1846+
1847+
1848+ HB3641 Enrolled - 52 - LRB103 30390 HLH 56820 b
1849+
1850+
1851+HB3641 Enrolled- 53 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 53 - LRB103 30390 HLH 56820 b
1852+ HB3641 Enrolled - 53 - LRB103 30390 HLH 56820 b
1853+1 expenses for the Statewide NG9-1-1 system shall be
1854+2 distributed to the 9-1-1 Authorities in accordance
1855+3 with subparagraph (E) of subsection (2) on an annual
1856+4 basis at the end of the State fiscal year. Any
1857+5 remaining surplus money may also be distributed
1858+6 consistent with this paragraph (1.5) at the discretion
1859+7 of the Illinois State Police.
1860+8 (2) After disbursements under paragraph (1) of this
1861+9 subsection (b), all remaining funds in the Statewide 9-1-1
1862+10 Fund shall be disbursed in the following priority order:
1863+11 (A) The Fund shall pay monthly to:
1864+12 (i) the 9-1-1 Authorities that imposed
1865+13 surcharges under Section 15.3 of this Act and were
1866+14 required to report to the Illinois Commerce
1867+15 Commission under Section 27 of the Wireless
1868+16 Emergency Telephone Safety Act on October 1, 2014,
1869+17 except a 9-1-1 Authority in a municipality with a
1870+18 population in excess of 500,000, an amount equal
1871+19 to the average monthly wireline and VoIP surcharge
1872+20 revenue attributable to the most recent 12-month
1873+21 period reported to the Illinois State Police under
1874+22 that Section for the October 1, 2014 filing,
1875+23 subject to the power of the Illinois State Police
1876+24 to investigate the amount reported and adjust the
1877+25 number by order under Article X of the Public
1878+26 Utilities Act, so that the monthly amount paid
1879+
1880+
1881+
1882+
1883+
1884+ HB3641 Enrolled - 53 - LRB103 30390 HLH 56820 b
1885+
1886+
1887+HB3641 Enrolled- 54 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 54 - LRB103 30390 HLH 56820 b
1888+ HB3641 Enrolled - 54 - LRB103 30390 HLH 56820 b
1889+1 under this item accurately reflects one-twelfth of
1890+2 the aggregate wireline and VoIP surcharge revenue
1891+3 properly attributable to the most recent 12-month
1892+4 period reported to the Commission; or
1893+5 (ii) county qualified governmental entities
1894+6 that did not impose a surcharge under Section 15.3
1895+7 as of December 31, 2015, and counties that did not
1896+8 impose a surcharge as of June 30, 2015, an amount
1897+9 equivalent to their population multiplied by .37
1898+10 multiplied by the rate of $0.69; counties that are
1899+11 not county qualified governmental entities and
1900+12 that did not impose a surcharge as of December 31,
1901+13 2015, shall not begin to receive the payment
1902+14 provided for in this subsection until E9-1-1 and
1903+15 wireless E9-1-1 services are provided within their
1904+16 counties; or
1905+17 (iii) counties without 9-1-1 service that had
1906+18 a surcharge in place by December 31, 2015, an
1907+19 amount equivalent to their population multiplied
1908+20 by .37 multiplied by their surcharge rate as
1909+21 established by the referendum.
1910+22 (B) All 9-1-1 network costs for systems outside of
1911+23 municipalities with a population of at least 500,000
1912+24 shall be paid by the Illinois State Police directly to
1913+25 the vendors.
1914+26 (C) All expenses incurred by the Administrator and
1915+
1916+
1917+
1918+
1919+
1920+ HB3641 Enrolled - 54 - LRB103 30390 HLH 56820 b
1921+
1922+
1923+HB3641 Enrolled- 55 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 55 - LRB103 30390 HLH 56820 b
1924+ HB3641 Enrolled - 55 - LRB103 30390 HLH 56820 b
1925+1 the Statewide 9-1-1 Advisory Board and costs
1926+2 associated with procurement under Section 15.6b
1927+3 including requests for information and requests for
1928+4 proposals.
1929+5 (D) Funds may be held in reserve by the Statewide
1930+6 9-1-1 Advisory Board and disbursed by the Illinois
1931+7 State Police for grants under Section 15.4b of this
1932+8 Act and for NG9-1-1 expenses up to $12.5 million per
1933+9 year in State fiscal years 2016 and 2017; up to $20
1934+10 million in State fiscal year 2018; up to $20.9 million
1935+11 in State fiscal year 2019; up to $15.3 million in State
1936+12 fiscal year 2020; up to $16.2 million in State fiscal
1937+13 year 2021; up to $23.1 million in State fiscal year
1938+14 2022; and up to $17.0 million per year for State fiscal
1939+15 year 2023 and each year thereafter. The amount held in
1940+16 reserve in State fiscal years 2021, 2022, and 2023
1941+17 shall not be less than $6.5 million. Disbursements
1942+18 under this subparagraph (D) shall be prioritized as
1943+19 follows: (i) consolidation grants prioritized under
1944+20 subsection (a) of Section 15.4b of this Act; (ii)
1945+21 NG9-1-1 expenses; and (iii) consolidation grants under
1946+22 Section 15.4b of this Act for consolidation expenses
1947+23 incurred between January 1, 2010, and January 1, 2016.
1948+24 (E) All remaining funds per remit month shall be
1949+25 used to make monthly disbursements to the appropriate
1950+26 9-1-1 Authority currently taking wireless 9-1-1 based
1951+
1952+
1953+
1954+
1955+
1956+ HB3641 Enrolled - 55 - LRB103 30390 HLH 56820 b
1957+
1958+
1959+HB3641 Enrolled- 56 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 56 - LRB103 30390 HLH 56820 b
1960+ HB3641 Enrolled - 56 - LRB103 30390 HLH 56820 b
1961+1 upon the United States Postal Zip Code of the billing
1962+2 addresses of subscribers of wireless carriers.
1963+3 (c) The moneys deposited into the Statewide 9-1-1 Fund
1964+4 under this Section shall not be subject to administrative
1965+5 charges or chargebacks unless otherwise authorized by this
1966+6 Act.
1967+7 (d) Whenever two or more 9-1-1 Authorities consolidate,
1968+8 the resulting Joint Emergency Telephone System Board shall be
1969+9 entitled to the monthly payments that had theretofore been
1970+10 made to each consolidating 9-1-1 Authority. Any reserves held
1971+11 by any consolidating 9-1-1 Authority shall be transferred to
1972+12 the resulting Joint Emergency Telephone System Board. Whenever
1973+13 a county that has no 9-1-1 service as of January 1, 2016 enters
1974+14 into an agreement to consolidate to create or join a Joint
1975+15 Emergency Telephone System Board, the Joint Emergency
1976+16 Telephone System Board shall be entitled to the monthly
1977+17 payments that would have otherwise been paid to the county if
1978+18 it had provided 9-1-1 service.
1979+19 (Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21;
1980+20 102-813, eff. 5-13-22; 103-366, eff. 1-1-24.)
1981+21 (50 ILCS 750/35)
1982+22 (Text of Section before amendment by P.A. 103-366)
1983+23 (Section scheduled to be repealed on December 31, 2025)
1984+24 Sec. 35. 9-1-1 surcharge; allowable expenditures. Except
1985+25 as otherwise provided in this Act, expenditures from surcharge
1986+
1987+
1988+
1989+
1990+
1991+ HB3641 Enrolled - 56 - LRB103 30390 HLH 56820 b
1992+
1993+
1994+HB3641 Enrolled- 57 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 57 - LRB103 30390 HLH 56820 b
1995+ HB3641 Enrolled - 57 - LRB103 30390 HLH 56820 b
1996+1 revenues received under this Act may be made by
1997+2 municipalities, counties, and 9-1-1 Authorities only to pay
1998+3 for the costs associated with the following:
1999+4 (1) The design of the Emergency Telephone System.
2000+5 (2) The coding of an initial Master Street Address
2001+6 Guide database, and update and maintenance thereof.
2002+7 (3) The repayment of any moneys advanced for the
2003+8 implementation of the system.
2004+9 (4) The charges for Automatic Number Identification
2005+10 and Automatic Location Identification equipment, a
2006+11 computer aided dispatch system that records, maintains,
2007+12 and integrates information, mobile data transmitters
2008+13 equipped with automatic vehicle locators, and maintenance,
2009+14 replacement, and update thereof to increase operational
2010+15 efficiency and improve the provision of emergency
2011+16 services.
2012+17 (5) The non-recurring charges related to installation
2013+18 of the Emergency Telephone System.
2014+19 (6) The initial acquisition and installation, or the
2015+20 reimbursement of costs therefor to other governmental
2016+21 bodies that have incurred those costs, of road or street
2017+22 signs that are essential to the implementation of the
2018+23 Emergency Telephone System and that are not duplicative of
2019+24 signs that are the responsibility of the jurisdiction
2020+25 charged with maintaining road and street signs. Funds may
2021+26 not be used for ongoing expenses associated with road or
2022+
2023+
2024+
2025+
2026+
2027+ HB3641 Enrolled - 57 - LRB103 30390 HLH 56820 b
2028+
2029+
2030+HB3641 Enrolled- 58 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 58 - LRB103 30390 HLH 56820 b
2031+ HB3641 Enrolled - 58 - LRB103 30390 HLH 56820 b
2032+1 street sign maintenance and replacement.
2033+2 (7) Other products and services necessary for the
2034+3 implementation, upgrade, and maintenance of the system and
2035+4 any other purpose related to the operation of the system,
2036+5 including costs attributable directly to the construction,
2037+6 leasing, or maintenance of any buildings or facilities or
2038+7 costs of personnel attributable directly to the operation
2039+8 of the system. Costs attributable directly to the
2040+9 operation of an emergency telephone system do not include
2041+10 the costs of public safety agency personnel who are and
2042+11 equipment that is dispatched in response to an emergency
2043+12 call.
2044+13 (8) The defraying of expenses incurred to implement
2045+14 Next Generation 9-1-1, subject to the conditions set forth
2046+15 in this Act.
2047+16 (9) The implementation of a computer aided dispatch
2048+17 system or hosted supplemental 9-1-1 services.
2049+18 (10) The design, implementation, operation,
2050+19 maintenance, or upgrade of wireless 9-1-1, E9-1-1, or
2051+20 NG9-1-1 emergency services and public safety answering
2052+21 points.
2053+22 In the case of a municipality with a population over
2054+23 500,000, moneys may also be used for any anti-terrorism or
2055+24 emergency preparedness measures, including, but not limited
2056+25 to, preparedness planning, providing local matching funds for
2057+26 federal or State grants, personnel training, and specialized
2058+
2059+
2060+
2061+
2062+
2063+ HB3641 Enrolled - 58 - LRB103 30390 HLH 56820 b
2064+
2065+
2066+HB3641 Enrolled- 59 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 59 - LRB103 30390 HLH 56820 b
2067+ HB3641 Enrolled - 59 - LRB103 30390 HLH 56820 b
2068+1 equipment, including surveillance cameras, as needed to deal
2069+2 with natural and terrorist-inspired emergency situations or
2070+3 events.
2071+4 (Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
2072+5 (Text of Section after amendment by P.A. 103-366)
2073+6 (Section scheduled to be repealed on December 31, 2025)
2074+7 Sec. 35. 9-1-1 surcharge; allowable expenditures.
2075+8 (a) Except as otherwise provided in this Act, expenditures
2076+9 from surcharge revenues received under this Act shall be made
2077+10 consistent with 47 CFR 9.23, which include the following:
2078+11 (1) support and implementation of 9-1-1 services
2079+12 provided by or in the State or taxing jurisdiction
2080+13 imposing the fee or charge; and
2081+14 (2) operational expenses of public safety answering
2082+15 points within the State. Examples of allowable
2083+16 expenditures include, but are not limited to:
2084+17 (A) PSAP operating costs, including lease,
2085+18 purchase, maintenance, replacement, and upgrade of
2086+19 customer premises equipment (hardware and software),
2087+20 CAD equipment (hardware and software), and the PSAP
2088+21 building and facility and including NG9-1-1,
2089+22 cybersecurity, pre-arrival instructions, and emergency
2090+23 notification systems. PSAP operating costs include
2091+24 technological innovation that supports 9-1-1;
2092+25 (B) PSAP personnel costs, including
2093+
2094+
2095+
2096+
2097+
2098+ HB3641 Enrolled - 59 - LRB103 30390 HLH 56820 b
2099+
2100+
2101+HB3641 Enrolled- 60 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 60 - LRB103 30390 HLH 56820 b
2102+ HB3641 Enrolled - 60 - LRB103 30390 HLH 56820 b
2103+1 telecommunicators' salaries and training;
2104+2 (C) PSAP administration, including costs for
2105+3 administration of 9-1-1 services and travel expenses
2106+4 associated with the provision of 9-1-1 services;
2107+5 (D) integrating public safety and first responder
2108+6 dispatch and 9-1-1 systems, including lease, purchase,
2109+7 maintenance, and upgrade of CAD equipment (hardware
2110+8 and software) to support integrated 9-1-1 and public
2111+9 safety dispatch operations; and
2112+10 (E) providing the interoperability of 9-1-1
2113+11 systems with one another and with public safety and
2114+12 first responder radio systems; and .
2115+13 (F) costs for the initial acquisition and
2116+14 installation of road or street signs that are
2117+15 essential to the implementation of the Emergency
2118+16 Telephone System and that are not duplicative of signs
2119+17 that are the responsibility of the jurisdiction
2120+18 charged with maintaining road and street signs, as
2121+19 well as costs incurred to reimburse governmental
2122+20 bodies for the acquisition and installation of those
2123+21 signs, except that expenditures may not be used for
2124+22 ongoing expenses associated with sign maintenance and
2125+23 replacement.
2126+24 (3) (Blank).
2127+25 (4) (Blank).
2128+26 (5) (Blank).
2129+
2130+
2131+
2132+
2133+
2134+ HB3641 Enrolled - 60 - LRB103 30390 HLH 56820 b
2135+
2136+
2137+HB3641 Enrolled- 61 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 61 - LRB103 30390 HLH 56820 b
2138+ HB3641 Enrolled - 61 - LRB103 30390 HLH 56820 b
2139+1 (6) (Blank).
2140+2 (7) (Blank).
2141+3 (8) (Blank).
2142+4 (9) (Blank).
2143+5 (10) (Blank).
2144+6 (b) The obligation or expenditure of surcharge revenues
2145+7 received under this Act for a purpose or function inconsistent
2146+8 with 47 CFR 9.23 and this Section shall constitute diversion,
2147+9 which undermines the purpose of this Act by depriving the
2148+10 9-1-1 system of the funds it needs to function effectively and
2149+11 to modernize 9-1-1 operations. Examples of diversion include,
2150+12 but are not limited to:
2151+13 (1) transfer of 9-1-1 fees into a State or other
2152+14 jurisdiction's general fund or other fund for non-9-1-1
2153+15 purposes;
2154+16 (2) use of surcharge revenues for equipment or
2155+17 infrastructure for constructing or expanding
2156+18 non-public-safety communications networks (e.g.,
2157+19 commercial cellular networks); and
2158+20 (3) use of surcharge revenues for equipment or
2159+21 infrastructure for law enforcement, firefighters, and
2160+22 other public safety or first responder entities that does
2161+23 not directly support providing 9-1-1 services.
2162+24 (c) In the case of a municipality with a population over
2163+25 500,000, moneys may also be used for any anti-terrorism or
2164+26 emergency preparedness measures, including, but not limited
2165+
2166+
2167+
2168+
2169+
2170+ HB3641 Enrolled - 61 - LRB103 30390 HLH 56820 b
2171+
2172+
2173+HB3641 Enrolled- 62 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 62 - LRB103 30390 HLH 56820 b
2174+ HB3641 Enrolled - 62 - LRB103 30390 HLH 56820 b
2175+1 to, preparedness planning, providing local matching funds for
2176+2 federal or State grants, personnel training, and specialized
2177+3 equipment, including surveillance cameras, as needed to deal
2178+4 with natural and terrorist-inspired emergency situations or
2179+5 events.
2180+6 (Source: P.A. 103-366, eff. 1-1-24.)
2181+7 Section 35. The Prepaid Wireless 9-1-1 Surcharge Act is
2182+8 amended by changing Section 15 as follows:
2183+9 (50 ILCS 753/15)
2184+10 Sec. 15. Prepaid wireless 9-1-1 surcharge.
2185+11 (a) Until September 30, 2015, there is hereby imposed on
2186+12 consumers a prepaid wireless 9-1-1 surcharge of 1.5% per
2187+13 retail transaction. Beginning October 1, 2015, the prepaid
2188+14 wireless 9-1-1 surcharge shall be 3% per retail transaction.
2189+15 Until December 31, 2023, the The surcharge authorized by this
2190+16 subsection (a) does not apply in a home rule municipality
2191+17 having a population in excess of 500,000.
2192+18 (a-5) On or after the effective date of this amendatory
2193+19 Act of the 98th General Assembly and until December 31, 2023, a
2194+20 home rule municipality having a population in excess of
2195+21 500,000 on the effective date of this amendatory Act may
2196+22 impose a prepaid wireless 9-1-1 surcharge not to exceed 9% per
2197+23 retail transaction sourced to that jurisdiction and collected
2198+24 and remitted in accordance with the provisions of subsection
2199+
2200+
2201+
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2208+ HB3641 Enrolled - 63 - LRB103 30390 HLH 56820 b
2209+1 (b-5) of this Section.
2210+2 (b) The prepaid wireless 9-1-1 surcharge shall be
2211+3 collected by the seller from the consumer with respect to each
2212+4 retail transaction occurring in this State and shall be
2213+5 remitted to the Department by the seller as provided in this
2214+6 Act. The amount of the prepaid wireless 9-1-1 surcharge shall
2215+7 be separately stated as a distinct item apart from the charge
2216+8 for the prepaid wireless telecommunications service on an
2217+9 invoice, receipt, or other similar document that is provided
2218+10 to the consumer by the seller or shall be otherwise disclosed
2219+11 to the consumer. If the seller does not separately state the
2220+12 surcharge as a distinct item to the consumer as provided in
2221+13 this Section, then the seller shall maintain books and records
2222+14 as required by this Act which clearly identify the amount of
2223+15 the 9-1-1 surcharge for retail transactions.
2224+16 For purposes of this subsection (b), a retail transaction
2225+17 occurs in this State if (i) the retail transaction is made in
2226+18 person by a consumer at the seller's business location and the
2227+19 business is located within the State; (ii) the seller is a
2228+20 provider and sells prepaid wireless telecommunications service
2229+21 to a consumer located in Illinois; (iii) the retail
2230+22 transaction is treated as occurring in this State for purposes
2231+23 of the Retailers' Occupation Tax Act; or (iv) a seller that is
2232+24 included within the definition of a "retailer maintaining a
2233+25 place of business in this State" under Section 2 of the Use Tax
2234+26 Act makes a sale of prepaid wireless telecommunications
2235+
2236+
2237+
2238+
2239+
2240+ HB3641 Enrolled - 63 - LRB103 30390 HLH 56820 b
2241+
2242+
2243+HB3641 Enrolled- 64 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 64 - LRB103 30390 HLH 56820 b
2244+ HB3641 Enrolled - 64 - LRB103 30390 HLH 56820 b
2245+1 service to a consumer located in Illinois. In the case of a
2246+2 retail transaction which does not occur in person at a
2247+3 seller's business location, if a consumer uses a credit card
2248+4 to purchase prepaid wireless telecommunications service
2249+5 on-line or over the telephone, and no product is shipped to the
2250+6 consumer, the transaction occurs in this State if the billing
2251+7 address for the consumer's credit card is in this State.
2252+8 (b-5) The prepaid wireless 9-1-1 surcharge imposed under
2253+9 subsection (a-5) of this Section shall be collected by the
2254+10 seller from the consumer with respect to each retail
2255+11 transaction occurring in the municipality imposing the
2256+12 surcharge. The amount of the prepaid wireless 9-1-1 surcharge
2257+13 shall be separately stated on an invoice, receipt, or other
2258+14 similar document that is provided to the consumer by the
2259+15 seller or shall be otherwise disclosed to the consumer. If the
2260+16 seller does not separately state the surcharge as a distinct
2261+17 item to the consumer as provided in this Section, then the
2262+18 seller shall maintain books and records as required by this
2263+19 Act which clearly identify the amount of the 9-1-1 surcharge
2264+20 for retail transactions.
2265+21 For purposes of this subsection (b-5), a retail
2266+22 transaction occurs in the municipality if (i) the retail
2267+23 transaction is made in person by a consumer at the seller's
2268+24 business location and the business is located within the
2269+25 municipality; (ii) the seller is a provider and sells prepaid
2270+26 wireless telecommunications service to a consumer located in
2271+
2272+
2273+
2274+
2275+
2276+ HB3641 Enrolled - 64 - LRB103 30390 HLH 56820 b
2277+
2278+
2279+HB3641 Enrolled- 65 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 65 - LRB103 30390 HLH 56820 b
2280+ HB3641 Enrolled - 65 - LRB103 30390 HLH 56820 b
2281+1 the municipality; (iii) the retail transaction is treated as
2282+2 occurring in the municipality for purposes of the Retailers'
2283+3 Occupation Tax Act; or (iv) a seller that is included within
2284+4 the definition of a "retailer maintaining a place of business
2285+5 in this State" under Section 2 of the Use Tax Act makes a sale
2286+6 of prepaid wireless telecommunications service to a consumer
2287+7 located in the municipality. In the case of a retail
2288+8 transaction which does not occur in person at a seller's
2289+9 business location, if a consumer uses a credit card to
2290+10 purchase prepaid wireless telecommunications service on-line
2291+11 or over the telephone, and no product is shipped to the
2292+12 consumer, the transaction occurs in the municipality if the
2293+13 billing address for the consumer's credit card is in the
2294+14 municipality.
2295+15 (c) The prepaid wireless 9-1-1 surcharge is imposed on the
2296+16 consumer and not on any provider. The seller shall be liable to
2297+17 remit all prepaid wireless 9-1-1 surcharges that the seller
2298+18 collects from consumers as provided in Section 20, including
2299+19 all such surcharges that the seller is deemed to collect where
2300+20 the amount of the surcharge has not been separately stated on
2301+21 an invoice, receipt, or other similar document provided to the
2302+22 consumer by the seller. The surcharge collected or deemed
2303+23 collected by a seller shall constitute a debt owed by the
2304+24 seller to this State, and any such surcharge actually
2305+25 collected shall be held in trust for the benefit of the
2306+26 Department.
2307+
2308+
2309+
2310+
2311+
2312+ HB3641 Enrolled - 65 - LRB103 30390 HLH 56820 b
2313+
2314+
2315+HB3641 Enrolled- 66 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 66 - LRB103 30390 HLH 56820 b
2316+ HB3641 Enrolled - 66 - LRB103 30390 HLH 56820 b
2317+1 For purposes of this subsection (c), the surcharge shall
2318+2 not be imposed or collected from entities that have an active
2319+3 tax exemption identification number issued by the Department
2320+4 under Section 1g of the Retailers' Occupation Tax Act.
2321+5 (d) The amount of the prepaid wireless 9-1-1 surcharge
2322+6 that is collected by a seller from a consumer, if such amount
2323+7 is separately stated on an invoice, receipt, or other similar
2324+8 document provided to the consumer by the seller, shall not be
2325+9 included in the base for measuring any tax, fee, surcharge, or
2326+10 other charge that is imposed by this State, any political
2327+11 subdivision of this State, or any intergovernmental agency.
2328+12 (e) (Blank).
2329+13 (e-5) Any changes in the rate of the surcharge imposed by a
2330+14 municipality under the authority granted in subsection (a-5)
2331+15 of this Section shall be effective on the first day of the
2332+16 first calendar month to occur at least 60 days after the
2333+17 enactment of the change. The Department shall provide not less
2334+18 than 30 days' notice of the increase or reduction in the rate
2335+19 of such surcharge on the Department's website.
2336+20 (f) When prepaid wireless telecommunications service is
2337+21 sold with one or more other products or services for a single,
2338+22 non-itemized price, then the percentage specified in
2339+23 subsection (a) or (a-5) of this Section 15 shall be applied to
2340+24 the entire non-itemized price unless the seller elects to
2341+25 apply the percentage to (i) the dollar amount of the prepaid
2342+26 wireless telecommunications service if that dollar amount is
2343+
2344+
2345+
2346+
2347+
2348+ HB3641 Enrolled - 66 - LRB103 30390 HLH 56820 b
2349+
2350+
2351+HB3641 Enrolled- 67 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 67 - LRB103 30390 HLH 56820 b
2352+ HB3641 Enrolled - 67 - LRB103 30390 HLH 56820 b
2353+1 disclosed to the consumer or (ii) the portion of the price that
2354+2 is attributable to the prepaid wireless telecommunications
2355+3 service if the retailer can identify that portion by
2356+4 reasonable and verifiable standards from its books and records
2357+5 that are kept in the regular course of business for other
2358+6 purposes, including, but not limited to, books and records
2359+7 that are kept for non-tax purposes. However, if a minimal
2360+8 amount of prepaid wireless telecommunications service is sold
2361+9 with a prepaid wireless device for a single, non-itemized
2362+10 price, then the seller may elect not to apply the percentage
2363+11 specified in subsection (a) or (a-5) of this Section 15 to such
2364+12 transaction. For purposes of this subsection, an amount of
2365+13 service denominated as 10 minutes or less or $5 or less is
2366+14 considered minimal.
2367+15 (g) The prepaid wireless 9-1-1 surcharge imposed under
2368+16 subsections (a) and (a-5) of this Section is not imposed on the
2369+17 provider or the consumer for wireless Lifeline service where
2370+18 the consumer does not pay the provider for the service. Where
2371+19 the consumer purchases from the provider optional minutes,
2372+20 texts, or other services in addition to the federally funded
2373+21 Lifeline benefit, a consumer must pay the prepaid wireless
2374+22 9-1-1 surcharge, and it must be collected by the seller
2375+23 according to subsection (b-5).
2376+24 (Source: P.A. 102-9, eff. 6-3-21.)
2377+25 Section 40. The School Code is amended by changing
2378+
2379+
2380+
2381+
2382+
2383+ HB3641 Enrolled - 67 - LRB103 30390 HLH 56820 b
2384+
2385+
2386+HB3641 Enrolled- 68 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 68 - LRB103 30390 HLH 56820 b
2387+ HB3641 Enrolled - 68 - LRB103 30390 HLH 56820 b
2388+1 Sections 21B-20, 27-20.3, and 27-21 and by renumbering and
2389+2 changing Section 22-95, as added by Public Act 103-46, as
2390+3 follows:
2391+4 (105 ILCS 5/21B-20)
2392+5 (Text of Section before amendment by P.A. 103-193)
2393+6 Sec. 21B-20. Types of licenses. The State Board of
2394+7 Education shall implement a system of educator licensure,
2395+8 whereby individuals employed in school districts who are
2396+9 required to be licensed must have one of the following
2397+10 licenses: (i) a professional educator license; (ii) an
2398+11 educator license with stipulations; (iii) a substitute
2399+12 teaching license; or (iv) until June 30, 2028, a short-term
2400+13 substitute teaching license. References in law regarding
2401+14 individuals certified or certificated or required to be
2402+15 certified or certificated under Article 21 of this Code shall
2403+16 also include individuals licensed or required to be licensed
2404+17 under this Article. The first year of all licenses ends on June
2405+18 30 following one full year of the license being issued.
2406+19 The State Board of Education, in consultation with the
2407+20 State Educator Preparation and Licensure Board, may adopt such
2408+21 rules as may be necessary to govern the requirements for
2409+22 licenses and endorsements under this Section.
2410+23 (1) Professional Educator License. Persons who (i)
2411+24 have successfully completed an approved educator
2412+25 preparation program and are recommended for licensure by
2413+
2414+
2415+
2416+
2417+
2418+ HB3641 Enrolled - 68 - LRB103 30390 HLH 56820 b
2419+
2420+
2421+HB3641 Enrolled- 69 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 69 - LRB103 30390 HLH 56820 b
2422+ HB3641 Enrolled - 69 - LRB103 30390 HLH 56820 b
2423+1 the Illinois institution offering the educator preparation
2424+2 program, (ii) have successfully completed the required
2425+3 testing under Section 21B-30 of this Code, (iii) have
2426+4 successfully completed coursework on the psychology of,
2427+5 the identification of, and the methods of instruction for
2428+6 the exceptional child, including, without limitation,
2429+7 children with learning disabilities, (iv) have
2430+8 successfully completed coursework in methods of reading
2431+9 and reading in the content area, and (v) have met all other
2432+10 criteria established by rule of the State Board of
2433+11 Education shall be issued a Professional Educator License.
2434+12 All Professional Educator Licenses are valid until June 30
2435+13 immediately following 5 years of the license being issued.
2436+14 The Professional Educator License shall be endorsed with
2437+15 specific areas and grade levels in which the individual is
2438+16 eligible to practice. For an early childhood education
2439+17 endorsement, an individual may satisfy the student
2440+18 teaching requirement of his or her early childhood teacher
2441+19 preparation program through placement in a setting with
2442+20 children from birth through grade 2, and the individual
2443+21 may be paid and receive credit while student teaching. The
2444+22 student teaching experience must meet the requirements of
2445+23 and be approved by the individual's early childhood
2446+24 teacher preparation program.
2447+25 Individuals can receive subsequent endorsements on the
2448+26 Professional Educator License. Subsequent endorsements
2449+
2450+
2451+
2452+
2453+
2454+ HB3641 Enrolled - 69 - LRB103 30390 HLH 56820 b
2455+
2456+
2457+HB3641 Enrolled- 70 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 70 - LRB103 30390 HLH 56820 b
2458+ HB3641 Enrolled - 70 - LRB103 30390 HLH 56820 b
2459+1 shall require a minimum of 24 semester hours of coursework
2460+2 in the endorsement area and passage of the applicable
2461+3 content area test, unless otherwise specified by rule.
2462+4 (2) Educator License with Stipulations. An Educator
2463+5 License with Stipulations shall be issued an endorsement
2464+6 that limits the license holder to one particular position
2465+7 or does not require completion of an approved educator
2466+8 program or both.
2467+9 An individual with an Educator License with
2468+10 Stipulations must not be employed by a school district or
2469+11 any other entity to replace any presently employed teacher
2470+12 who otherwise would not be replaced for any reason.
2471+13 An Educator License with Stipulations may be issued
2472+14 with the following endorsements:
2473+15 (A) (Blank).
2474+16 (B) Alternative provisional educator. An
2475+17 alternative provisional educator endorsement on an
2476+18 Educator License with Stipulations may be issued to an
2477+19 applicant who, at the time of applying for the
2478+20 endorsement, has done all of the following:
2479+21 (i) Graduated from a regionally accredited
2480+22 college or university with a minimum of a
2481+23 bachelor's degree.
2482+24 (ii) Successfully completed the first phase of
2483+25 the Alternative Educator Licensure Program for
2484+26 Teachers, as described in Section 21B-50 of this
2485+
2486+
2487+
2488+
2489+
2490+ HB3641 Enrolled - 70 - LRB103 30390 HLH 56820 b
2491+
2492+
2493+HB3641 Enrolled- 71 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 71 - LRB103 30390 HLH 56820 b
2494+ HB3641 Enrolled - 71 - LRB103 30390 HLH 56820 b
2495+1 Code.
2496+2 (iii) Passed a content area test, as required
2497+3 under Section 21B-30 of this Code.
2498+4 The alternative provisional educator endorsement is
2499+5 valid for 2 years of teaching and may be renewed for a
2500+6 third year by an individual meeting the requirements set
2501+7 forth in Section 21B-50 of this Code.
2502+8 (C) Alternative provisional superintendent. An
2503+9 alternative provisional superintendent endorsement on
2504+10 an Educator License with Stipulations entitles the
2505+11 holder to serve only as a superintendent or assistant
2506+12 superintendent in a school district's central office.
2507+13 This endorsement may only be issued to an applicant
2508+14 who, at the time of applying for the endorsement, has
2509+15 done all of the following:
2510+16 (i) Graduated from a regionally accredited
2511+17 college or university with a minimum of a master's
2512+18 degree in a management field other than education.
2513+19 (ii) Been employed for a period of at least 5
2514+20 years in a management level position in a field
2515+21 other than education.
2516+22 (iii) Successfully completed the first phase
2517+23 of an alternative route to superintendent
2518+24 endorsement program, as provided in Section 21B-55
2519+25 of this Code.
2520+26 (iv) Passed a content area test required under
2521+
2522+
2523+
2524+
2525+
2526+ HB3641 Enrolled - 71 - LRB103 30390 HLH 56820 b
2527+
2528+
2529+HB3641 Enrolled- 72 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 72 - LRB103 30390 HLH 56820 b
2530+ HB3641 Enrolled - 72 - LRB103 30390 HLH 56820 b
2531+1 Section 21B-30 of this Code.
2532+2 The endorsement is valid for 2 fiscal years in
2533+3 order to complete one full year of serving as a
2534+4 superintendent or assistant superintendent.
2535+5 (D) (Blank).
2536+6 (E) Career and technical educator. A career and
2537+7 technical educator endorsement on an Educator License
2538+8 with Stipulations may be issued to an applicant who
2539+9 has a minimum of 60 semester hours of coursework from a
2540+10 regionally accredited institution of higher education
2541+11 or an accredited trade and technical institution and
2542+12 has a minimum of 2,000 hours of experience outside of
2543+13 education in each area to be taught.
2544+14 The career and technical educator endorsement on
2545+15 an Educator License with Stipulations is valid until
2546+16 June 30 immediately following 5 years of the
2547+17 endorsement being issued and may be renewed.
2548+18 An individual who holds a valid career and
2549+19 technical educator endorsement on an Educator License
2550+20 with Stipulations but does not hold a bachelor's
2551+21 degree may substitute teach in career and technical
2552+22 education classrooms.
2553+23 (F) (Blank).
2554+24 (G) Transitional bilingual educator. A
2555+25 transitional bilingual educator endorsement on an
2556+26 Educator License with Stipulations may be issued for
2557+
2558+
2559+
2560+
2561+
2562+ HB3641 Enrolled - 72 - LRB103 30390 HLH 56820 b
2563+
2564+
2565+HB3641 Enrolled- 73 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 73 - LRB103 30390 HLH 56820 b
2566+ HB3641 Enrolled - 73 - LRB103 30390 HLH 56820 b
2567+1 the purpose of providing instruction in accordance
2568+2 with Article 14C of this Code to an applicant who
2569+3 provides satisfactory evidence that he or she meets
2570+4 all of the following requirements:
2571+5 (i) Possesses adequate speaking, reading, and
2572+6 writing ability in the language other than English
2573+7 in which transitional bilingual education is
2574+8 offered.
2575+9 (ii) Has the ability to successfully
2576+10 communicate in English.
2577+11 (iii) Either possessed, within 5 years
2578+12 previous to his or her applying for a transitional
2579+13 bilingual educator endorsement, a valid and
2580+14 comparable teaching certificate or comparable
2581+15 authorization issued by a foreign country or holds
2582+16 a degree from an institution of higher learning in
2583+17 a foreign country that the State Educator
2584+18 Preparation and Licensure Board determines to be
2585+19 the equivalent of a bachelor's degree from a
2586+20 regionally accredited institution of higher
2587+21 learning in the United States.
2588+22 A transitional bilingual educator endorsement
2589+23 shall be valid for prekindergarten through grade 12,
2590+24 is valid until June 30 immediately following 5 years
2591+25 of the endorsement being issued, and shall not be
2592+26 renewed.
2593+
2594+
2595+
2596+
2597+
2598+ HB3641 Enrolled - 73 - LRB103 30390 HLH 56820 b
2599+
2600+
2601+HB3641 Enrolled- 74 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 74 - LRB103 30390 HLH 56820 b
2602+ HB3641 Enrolled - 74 - LRB103 30390 HLH 56820 b
2603+1 Persons holding a transitional bilingual educator
2604+2 endorsement shall not be employed to replace any
2605+3 presently employed teacher who otherwise would not be
2606+4 replaced for any reason.
2607+5 (H) Language endorsement. In an effort to
2608+6 alleviate the shortage of teachers speaking a language
2609+7 other than English in the public schools, an
2610+8 individual who holds an Educator License with
2611+9 Stipulations may also apply for a language
2612+10 endorsement, provided that the applicant provides
2613+11 satisfactory evidence that he or she meets all of the
2614+12 following requirements:
2615+13 (i) Holds a transitional bilingual
2616+14 endorsement.
2617+15 (ii) Has demonstrated proficiency in the
2618+16 language for which the endorsement is to be issued
2619+17 by passing the applicable language content test
2620+18 required by the State Board of Education.
2621+19 (iii) Holds a bachelor's degree or higher from
2622+20 a regionally accredited institution of higher
2623+21 education or, for individuals educated in a
2624+22 country other than the United States, holds a
2625+23 degree from an institution of higher learning in a
2626+24 foreign country that the State Educator
2627+25 Preparation and Licensure Board determines to be
2628+26 the equivalent of a bachelor's degree from a
2629+
2630+
2631+
2632+
2633+
2634+ HB3641 Enrolled - 74 - LRB103 30390 HLH 56820 b
2635+
2636+
2637+HB3641 Enrolled- 75 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 75 - LRB103 30390 HLH 56820 b
2638+ HB3641 Enrolled - 75 - LRB103 30390 HLH 56820 b
2639+1 regionally accredited institution of higher
2640+2 learning in the United States.
2641+3 (iv) (Blank).
2642+4 A language endorsement on an Educator License with
2643+5 Stipulations is valid for prekindergarten through
2644+6 grade 12 for the same validity period as the
2645+7 individual's transitional bilingual educator
2646+8 endorsement on the Educator License with Stipulations
2647+9 and shall not be renewed.
2648+10 (I) Visiting international educator. A visiting
2649+11 international educator endorsement on an Educator
2650+12 License with Stipulations may be issued to an
2651+13 individual who is being recruited by a particular
2652+14 school district that conducts formal recruitment
2653+15 programs outside of the United States to secure the
2654+16 services of qualified teachers and who meets all of
2655+17 the following requirements:
2656+18 (i) Holds the equivalent of a minimum of a
2657+19 bachelor's degree issued in the United States.
2658+20 (ii) Has been prepared as a teacher at the
2659+21 grade level for which he or she will be employed.
2660+22 (iii) Has adequate content knowledge in the
2661+23 subject to be taught.
2662+24 (iv) Has an adequate command of the English
2663+25 language.
2664+26 A holder of a visiting international educator
2665+
2666+
2667+
2668+
2669+
2670+ HB3641 Enrolled - 75 - LRB103 30390 HLH 56820 b
2671+
2672+
2673+HB3641 Enrolled- 76 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 76 - LRB103 30390 HLH 56820 b
2674+ HB3641 Enrolled - 76 - LRB103 30390 HLH 56820 b
2675+1 endorsement on an Educator License with Stipulations
2676+2 shall be permitted to teach in bilingual education
2677+3 programs in the language that was the medium of
2678+4 instruction in his or her teacher preparation program,
2679+5 provided that he or she passes the English Language
2680+6 Proficiency Examination or another test of writing
2681+7 skills in English identified by the State Board of
2682+8 Education, in consultation with the State Educator
2683+9 Preparation and Licensure Board.
2684+10 A visiting international educator endorsement on
2685+11 an Educator License with Stipulations is valid for 5
2686+12 years and shall not be renewed.
2687+13 (J) Paraprofessional educator. A paraprofessional
2688+14 educator endorsement on an Educator License with
2689+15 Stipulations may be issued to an applicant who holds a
2690+16 high school diploma or its recognized equivalent and
2691+17 (i) holds an associate's degree or a minimum of 60
2692+18 semester hours of credit from a regionally accredited
2693+19 institution of higher education; (ii) has passed a
2694+20 paraprofessional competency test under subsection
2695+21 (c-5) of Section 21B-30; or (iii) is at least 18 years
2696+22 of age and will be using the Educator License with
2697+23 Stipulations exclusively for grades prekindergarten
2698+24 through grade 8, until the individual reaches the age
2699+25 of 19 years and otherwise meets the criteria for a
2700+26 paraprofessional educator endorsement pursuant to this
2701+
2702+
2703+
2704+
2705+
2706+ HB3641 Enrolled - 76 - LRB103 30390 HLH 56820 b
2707+
2708+
2709+HB3641 Enrolled- 77 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 77 - LRB103 30390 HLH 56820 b
2710+ HB3641 Enrolled - 77 - LRB103 30390 HLH 56820 b
2711+1 subparagraph (J). The paraprofessional educator
2712+2 endorsement is valid until June 30 immediately
2713+3 following 5 years of the endorsement being issued and
2714+4 may be renewed through application and payment of the
2715+5 appropriate fee, as required under Section 21B-40 of
2716+6 this Code. An individual who holds only a
2717+7 paraprofessional educator endorsement is not subject
2718+8 to additional requirements in order to renew the
2719+9 endorsement.
2720+10 (K) Chief school business official. A chief school
2721+11 business official endorsement on an Educator License
2722+12 with Stipulations may be issued to an applicant who
2723+13 qualifies by having a master's degree or higher, 2
2724+14 years of full-time administrative experience in school
2725+15 business management or 2 years of university-approved
2726+16 practical experience, and a minimum of 24 semester
2727+17 hours of graduate credit in a program approved by the
2728+18 State Board of Education for the preparation of school
2729+19 business administrators and by passage of the
2730+20 applicable State tests, including an applicable
2731+21 content area test.
2732+22 The chief school business official endorsement may
2733+23 also be affixed to the Educator License with
2734+24 Stipulations of any holder who qualifies by having a
2735+25 master's degree in business administration, finance,
2736+26 accounting, or public administration and who completes
2737+
2738+
2739+
2740+
2741+
2742+ HB3641 Enrolled - 77 - LRB103 30390 HLH 56820 b
2743+
2744+
2745+HB3641 Enrolled- 78 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 78 - LRB103 30390 HLH 56820 b
2746+ HB3641 Enrolled - 78 - LRB103 30390 HLH 56820 b
2747+1 an additional 6 semester hours of internship in school
2748+2 business management from a regionally accredited
2749+3 institution of higher education and passes the
2750+4 applicable State tests, including an applicable
2751+5 content area test. This endorsement shall be required
2752+6 for any individual employed as a chief school business
2753+7 official.
2754+8 The chief school business official endorsement on
2755+9 an Educator License with Stipulations is valid until
2756+10 June 30 immediately following 5 years of the
2757+11 endorsement being issued and may be renewed if the
2758+12 license holder completes renewal requirements as
2759+13 required for individuals who hold a Professional
2760+14 Educator License endorsed for chief school business
2761+15 official under Section 21B-45 of this Code and such
2762+16 rules as may be adopted by the State Board of
2763+17 Education.
2764+18 The State Board of Education shall adopt any rules
2765+19 necessary to implement Public Act 100-288.
2766+20 (L) Provisional in-state educator. A provisional
2767+21 in-state educator endorsement on an Educator License
2768+22 with Stipulations may be issued to a candidate who has
2769+23 completed an Illinois-approved educator preparation
2770+24 program at an Illinois institution of higher education
2771+25 and who has not successfully completed an
2772+26 evidence-based assessment of teacher effectiveness but
2773+
2774+
2775+
2776+
2777+
2778+ HB3641 Enrolled - 78 - LRB103 30390 HLH 56820 b
2779+
2780+
2781+HB3641 Enrolled- 79 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 79 - LRB103 30390 HLH 56820 b
2782+ HB3641 Enrolled - 79 - LRB103 30390 HLH 56820 b
2783+1 who meets all of the following requirements:
2784+2 (i) Holds at least a bachelor's degree.
2785+3 (ii) Has completed an approved educator
2786+4 preparation program at an Illinois institution.
2787+5 (iii) Has passed an applicable content area
2788+6 test, as required by Section 21B-30 of this Code.
2789+7 (iv) Has attempted an evidence-based
2790+8 assessment of teacher effectiveness and received a
2791+9 minimum score on that assessment, as established
2792+10 by the State Board of Education in consultation
2793+11 with the State Educator Preparation and Licensure
2794+12 Board.
2795+13 A provisional in-state educator endorsement on an
2796+14 Educator License with Stipulations is valid for one
2797+15 full fiscal year after the date of issuance and may not
2798+16 be renewed.
2799+17 (M) (Blank).
2800+18 (N) Specialized services. A specialized services
2801+19 endorsement on an Educator License with Stipulations
2802+20 may be issued as defined and specified by rule.
2803+21 (O) Provisional career and technical educator. A
2804+22 provisional career and technical educator endorsement
2805+23 on an Educator License with Stipulations may be issued
2806+24 to an applicant who has a minimum of 8,000 hours of
2807+25 work experience in the skill for which the applicant
2808+26 is seeking the endorsement. Each employing school
2809+
2810+
2811+
2812+
2813+
2814+ HB3641 Enrolled - 79 - LRB103 30390 HLH 56820 b
2815+
2816+
2817+HB3641 Enrolled- 80 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 80 - LRB103 30390 HLH 56820 b
2818+ HB3641 Enrolled - 80 - LRB103 30390 HLH 56820 b
2819+1 board and regional office of education shall provide
2820+2 verification, in writing, to the State Superintendent
2821+3 of Education at the time the application is submitted
2822+4 that no qualified teacher holding a Professional
2823+5 Educator License or an Educator License with
2824+6 Stipulations with a career and technical educator
2825+7 endorsement is available to teach and that actual
2826+8 circumstances require such issuance.
2827+9 A provisional career and technical educator
2828+10 endorsement on an Educator License with Stipulations
2829+11 is valid until June 30 immediately following 5 years
2830+12 of the endorsement being issued and may be renewed.
2831+13 An individual who holds a provisional career and
2832+14 technical educator endorsement on an Educator License
2833+15 with Stipulations may teach as a substitute teacher in
2834+16 career and technical education classrooms.
2835+17 (3) Substitute Teaching License. A Substitute Teaching
2836+18 License may be issued to qualified applicants for
2837+19 substitute teaching in all grades of the public schools,
2838+20 prekindergarten through grade 12. Substitute Teaching
2839+21 Licenses are not eligible for endorsements. Applicants for
2840+22 a Substitute Teaching License must hold a bachelor's
2841+23 degree or higher from a regionally accredited institution
2842+24 of higher education or must be enrolled in an approved
2843+25 educator preparation program in this State and have earned
2844+26 at least 90 credit hours.
2845+
2846+
2847+
2848+
2849+
2850+ HB3641 Enrolled - 80 - LRB103 30390 HLH 56820 b
2851+
2852+
2853+HB3641 Enrolled- 81 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 81 - LRB103 30390 HLH 56820 b
2854+ HB3641 Enrolled - 81 - LRB103 30390 HLH 56820 b
2855+1 Substitute Teaching Licenses are valid for 5 years.
2856+2 Substitute Teaching Licenses are valid for substitute
2857+3 teaching in every county of this State. If an individual
2858+4 has had his or her Professional Educator License or
2859+5 Educator License with Stipulations suspended or revoked,
2860+6 then that individual is not eligible to obtain a
2861+7 Substitute Teaching License.
2862+8 A substitute teacher may only teach in the place of a
2863+9 licensed teacher who is under contract with the employing
2864+10 board. If, however, there is no licensed teacher under
2865+11 contract because of an emergency situation, then a
2866+12 district may employ a substitute teacher for no longer
2867+13 than 30 calendar days per each vacant position in the
2868+14 district if the district notifies the appropriate regional
2869+15 office of education within 5 business days after the
2870+16 employment of the substitute teacher in the emergency
2871+17 situation. An emergency situation is one in which an
2872+18 unforeseen vacancy has occurred and (i) a teacher is
2873+19 unable to fulfill his or her contractual duties or (ii)
2874+20 teacher capacity needs of the district exceed previous
2875+21 indications, and the district is actively engaged in
2876+22 advertising to hire a fully licensed teacher for the
2877+23 vacant position.
2878+24 There is no limit on the number of days that a
2879+25 substitute teacher may teach in a single school district,
2880+26 provided that no substitute teacher may teach for longer
2881+
2882+
2883+
2884+
2885+
2886+ HB3641 Enrolled - 81 - LRB103 30390 HLH 56820 b
2887+
2888+
2889+HB3641 Enrolled- 82 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 82 - LRB103 30390 HLH 56820 b
2890+ HB3641 Enrolled - 82 - LRB103 30390 HLH 56820 b
2891+1 than 120 days beginning with the 2021-2022 school year
2892+2 through the 2022-2023 school year, otherwise 90 school
2893+3 days for any one licensed teacher under contract in the
2894+4 same school year. A substitute teacher who holds a
2895+5 Professional Educator License or Educator License with
2896+6 Stipulations shall not teach for more than 120 school days
2897+7 for any one licensed teacher under contract in the same
2898+8 school year. The limitations in this paragraph (3) on the
2899+9 number of days a substitute teacher may be employed do not
2900+10 apply to any school district operating under Article 34 of
2901+11 this Code.
2902+12 A school district may not require an individual who
2903+13 holds a valid Professional Educator License or Educator
2904+14 License with Stipulations to seek or hold a Substitute
2905+15 Teaching License to teach as a substitute teacher.
2906+16 (4) Short-Term Substitute Teaching License. Beginning
2907+17 on July 1, 2018 and until June 30, 2028, applicants may
2908+18 apply to the State Board of Education for issuance of a
2909+19 Short-Term Substitute Teaching License. A Short-Term
2910+20 Substitute Teaching License may be issued to a qualified
2911+21 applicant for substitute teaching in all grades of the
2912+22 public schools, prekindergarten through grade 12.
2913+23 Short-Term Substitute Teaching Licenses are not eligible
2914+24 for endorsements. Applicants for a Short-Term Substitute
2915+25 Teaching License must hold an associate's degree or have
2916+26 completed at least 60 credit hours from a regionally
2917+
2918+
2919+
2920+
2921+
2922+ HB3641 Enrolled - 82 - LRB103 30390 HLH 56820 b
2923+
2924+
2925+HB3641 Enrolled- 83 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 83 - LRB103 30390 HLH 56820 b
2926+ HB3641 Enrolled - 83 - LRB103 30390 HLH 56820 b
2927+1 accredited institution of higher education.
2928+2 Short-Term Substitute Teaching Licenses are valid for
2929+3 substitute teaching in every county of this State. If an
2930+4 individual has had his or her Professional Educator
2931+5 License or Educator License with Stipulations suspended or
2932+6 revoked, then that individual is not eligible to obtain a
2933+7 Short-Term Substitute Teaching License.
2934+8 The provisions of Sections 10-21.9 and 34-18.5 of this
2935+9 Code apply to short-term substitute teachers.
2936+10 An individual holding a Short-Term Substitute Teaching
2937+11 License may teach no more than 15 consecutive days per
2938+12 licensed teacher who is under contract. For teacher
2939+13 absences lasting 6 or more days per licensed teacher who
2940+14 is under contract, a school district may not hire an
2941+15 individual holding a Short-Term Substitute Teaching
2942+16 License, unless the Governor has declared a disaster due
2943+17 to a public health emergency pursuant to Section 7 of the
2944+18 Illinois Emergency Management Agency Act. An individual
2945+19 holding a Short-Term Substitute Teaching License must
2946+20 complete the training program under Section 10-20.67 or
2947+21 34-18.60 of this Code to be eligible to teach at a public
2948+22 school. Short-Term Substitute Teaching Licenses Short-term
2949+23 substitute teaching licenses under this Section are valid
2950+24 for 5 years.
2951+25 (Source: P.A. 102-711, eff. 1-1-23; 102-712, eff. 4-27-22;
2952+26 102-713, eff. 1-1-23; 102-717, eff. 4-29-22; 102-894, eff.
2953+
2954+
2955+
2956+
2957+
2958+ HB3641 Enrolled - 83 - LRB103 30390 HLH 56820 b
2959+
2960+
2961+HB3641 Enrolled- 84 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 84 - LRB103 30390 HLH 56820 b
2962+ HB3641 Enrolled - 84 - LRB103 30390 HLH 56820 b
2963+1 5-20-22; 103-111, eff. 6-29-23; 103-154, eff. 6-30-23; revised
2964+2 9-7-23.)
2965+3 (Text of Section after amendment by P.A. 103-193)
2966+4 Sec. 21B-20. Types of licenses. The State Board of
2967+5 Education shall implement a system of educator licensure,
2968+6 whereby individuals employed in school districts who are
2969+7 required to be licensed must have one of the following
2970+8 licenses: (i) a professional educator license; (ii) an
2971+9 educator license with stipulations; (iii) a substitute
2972+10 teaching license; or (iv) until June 30, 2028, a short-term
2973+11 substitute teaching license. References in law regarding
2974+12 individuals certified or certificated or required to be
2975+13 certified or certificated under Article 21 of this Code shall
2976+14 also include individuals licensed or required to be licensed
2977+15 under this Article. The first year of all licenses ends on June
2978+16 30 following one full year of the license being issued.
2979+17 The State Board of Education, in consultation with the
2980+18 State Educator Preparation and Licensure Board, may adopt such
2981+19 rules as may be necessary to govern the requirements for
2982+20 licenses and endorsements under this Section.
2983+21 (1) Professional Educator License. Persons who (i)
2984+22 have successfully completed an approved educator
2985+23 preparation program and are recommended for licensure by
2986+24 the Illinois institution offering the educator preparation
2987+25 program, (ii) have successfully completed the required
2988+
2989+
2990+
2991+
2992+
2993+ HB3641 Enrolled - 84 - LRB103 30390 HLH 56820 b
2994+
2995+
2996+HB3641 Enrolled- 85 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 85 - LRB103 30390 HLH 56820 b
2997+ HB3641 Enrolled - 85 - LRB103 30390 HLH 56820 b
2998+1 testing under Section 21B-30 of this Code, (iii) have
2999+2 successfully completed coursework on the psychology of,
3000+3 the identification of, and the methods of instruction for
3001+4 the exceptional child, including, without limitation,
3002+5 children with learning disabilities, (iv) have
3003+6 successfully completed coursework in methods of reading
3004+7 and reading in the content area, and (v) have met all other
3005+8 criteria established by rule of the State Board of
3006+9 Education shall be issued a Professional Educator License.
3007+10 All Professional Educator Licenses are valid until June 30
3008+11 immediately following 5 years of the license being issued.
3009+12 The Professional Educator License shall be endorsed with
3010+13 specific areas and grade levels in which the individual is
3011+14 eligible to practice. For an early childhood education
3012+15 endorsement, an individual may satisfy the student
3013+16 teaching requirement of his or her early childhood teacher
3014+17 preparation program through placement in a setting with
3015+18 children from birth through grade 2, and the individual
3016+19 may be paid and receive credit while student teaching. The
3017+20 student teaching experience must meet the requirements of
3018+21 and be approved by the individual's early childhood
3019+22 teacher preparation program.
3020+23 Individuals can receive subsequent endorsements on the
3021+24 Professional Educator License. Subsequent endorsements
3022+25 shall require a minimum of 24 semester hours of coursework
3023+26 in the endorsement area and passage of the applicable
3024+
3025+
3026+
3027+
3028+
3029+ HB3641 Enrolled - 85 - LRB103 30390 HLH 56820 b
3030+
3031+
3032+HB3641 Enrolled- 86 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 86 - LRB103 30390 HLH 56820 b
3033+ HB3641 Enrolled - 86 - LRB103 30390 HLH 56820 b
3034+1 content area test, unless otherwise specified by rule.
3035+2 (2) Educator License with Stipulations. An Educator
3036+3 License with Stipulations shall be issued an endorsement
3037+4 that limits the license holder to one particular position
3038+5 or does not require completion of an approved educator
3039+6 program or both.
3040+7 An individual with an Educator License with
3041+8 Stipulations must not be employed by a school district or
3042+9 any other entity to replace any presently employed teacher
3043+10 who otherwise would not be replaced for any reason.
3044+11 An Educator License with Stipulations may be issued
3045+12 with the following endorsements:
3046+13 (A) (Blank).
3047+14 (B) Alternative provisional educator. An
3048+15 alternative provisional educator endorsement on an
3049+16 Educator License with Stipulations may be issued to an
3050+17 applicant who, at the time of applying for the
3051+18 endorsement, has done all of the following:
3052+19 (i) Graduated from a regionally accredited
3053+20 college or university with a minimum of a
3054+21 bachelor's degree.
3055+22 (ii) Successfully completed the first phase of
3056+23 the Alternative Educator Licensure Program for
3057+24 Teachers, as described in Section 21B-50 of this
3058+25 Code.
3059+26 (iii) Passed a content area test, as required
3060+
3061+
3062+
3063+
3064+
3065+ HB3641 Enrolled - 86 - LRB103 30390 HLH 56820 b
3066+
3067+
3068+HB3641 Enrolled- 87 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 87 - LRB103 30390 HLH 56820 b
3069+ HB3641 Enrolled - 87 - LRB103 30390 HLH 56820 b
3070+1 under Section 21B-30 of this Code.
3071+2 The alternative provisional educator endorsement is
3072+3 valid for 2 years of teaching and may be renewed for a
3073+4 third year by an individual meeting the requirements set
3074+5 forth in Section 21B-50 of this Code.
3075+6 (C) Alternative provisional superintendent. An
3076+7 alternative provisional superintendent endorsement on
3077+8 an Educator License with Stipulations entitles the
3078+9 holder to serve only as a superintendent or assistant
3079+10 superintendent in a school district's central office.
3080+11 This endorsement may only be issued to an applicant
3081+12 who, at the time of applying for the endorsement, has
3082+13 done all of the following:
3083+14 (i) Graduated from a regionally accredited
3084+15 college or university with a minimum of a master's
3085+16 degree in a management field other than education.
3086+17 (ii) Been employed for a period of at least 5
3087+18 years in a management level position in a field
3088+19 other than education.
3089+20 (iii) Successfully completed the first phase
3090+21 of an alternative route to superintendent
3091+22 endorsement program, as provided in Section 21B-55
3092+23 of this Code.
3093+24 (iv) Passed a content area test required under
3094+25 Section 21B-30 of this Code.
3095+26 The endorsement is valid for 2 fiscal years in
3096+
3097+
3098+
3099+
3100+
3101+ HB3641 Enrolled - 87 - LRB103 30390 HLH 56820 b
3102+
3103+
3104+HB3641 Enrolled- 88 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 88 - LRB103 30390 HLH 56820 b
3105+ HB3641 Enrolled - 88 - LRB103 30390 HLH 56820 b
3106+1 order to complete one full year of serving as a
3107+2 superintendent or assistant superintendent.
3108+3 (D) (Blank).
3109+4 (E) Career and technical educator. A career and
3110+5 technical educator endorsement on an Educator License
3111+6 with Stipulations may be issued to an applicant who
3112+7 has a minimum of 60 semester hours of coursework from a
3113+8 regionally accredited institution of higher education
3114+9 or an accredited trade and technical institution and
3115+10 has a minimum of 2,000 hours of experience outside of
3116+11 education in each area to be taught.
3117+12 The career and technical educator endorsement on
3118+13 an Educator License with Stipulations is valid until
3119+14 June 30 immediately following 5 years of the
3120+15 endorsement being issued and may be renewed.
3121+16 An individual who holds a valid career and
3122+17 technical educator endorsement on an Educator License
3123+18 with Stipulations but does not hold a bachelor's
3124+19 degree may substitute teach in career and technical
3125+20 education classrooms.
3126+21 (F) (Blank).
3127+22 (G) Transitional bilingual educator. A
3128+23 transitional bilingual educator endorsement on an
3129+24 Educator License with Stipulations may be issued for
3130+25 the purpose of providing instruction in accordance
3131+26 with Article 14C of this Code to an applicant who
3132+
3133+
3134+
3135+
3136+
3137+ HB3641 Enrolled - 88 - LRB103 30390 HLH 56820 b
3138+
3139+
3140+HB3641 Enrolled- 89 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 89 - LRB103 30390 HLH 56820 b
3141+ HB3641 Enrolled - 89 - LRB103 30390 HLH 56820 b
3142+1 provides satisfactory evidence that he or she meets
3143+2 all of the following requirements:
3144+3 (i) Possesses adequate speaking, reading, and
3145+4 writing ability in the language other than English
3146+5 in which transitional bilingual education is
3147+6 offered.
3148+7 (ii) Has the ability to successfully
3149+8 communicate in English.
3150+9 (iii) Either possessed, within 5 years
3151+10 previous to his or her applying for a transitional
3152+11 bilingual educator endorsement, a valid and
3153+12 comparable teaching certificate or comparable
3154+13 authorization issued by a foreign country or holds
3155+14 a degree from an institution of higher learning in
3156+15 a foreign country that the State Educator
3157+16 Preparation and Licensure Board determines to be
3158+17 the equivalent of a bachelor's degree from a
3159+18 regionally accredited institution of higher
3160+19 learning in the United States.
3161+20 A transitional bilingual educator endorsement
3162+21 shall be valid for prekindergarten through grade 12,
3163+22 is valid until June 30 immediately following 5 years
3164+23 of the endorsement being issued, and shall not be
3165+24 renewed.
3166+25 Persons holding a transitional bilingual educator
3167+26 endorsement shall not be employed to replace any
3168+
3169+
3170+
3171+
3172+
3173+ HB3641 Enrolled - 89 - LRB103 30390 HLH 56820 b
3174+
3175+
3176+HB3641 Enrolled- 90 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 90 - LRB103 30390 HLH 56820 b
3177+ HB3641 Enrolled - 90 - LRB103 30390 HLH 56820 b
3178+1 presently employed teacher who otherwise would not be
3179+2 replaced for any reason.
3180+3 (H) Language endorsement. In an effort to
3181+4 alleviate the shortage of teachers speaking a language
3182+5 other than English in the public schools, an
3183+6 individual who holds an Educator License with
3184+7 Stipulations may also apply for a language
3185+8 endorsement, provided that the applicant provides
3186+9 satisfactory evidence that he or she meets all of the
3187+10 following requirements:
3188+11 (i) Holds a transitional bilingual
3189+12 endorsement.
3190+13 (ii) Has demonstrated proficiency in the
3191+14 language for which the endorsement is to be issued
3192+15 by passing the applicable language content test
3193+16 required by the State Board of Education.
3194+17 (iii) Holds a bachelor's degree or higher from
3195+18 a regionally accredited institution of higher
3196+19 education or, for individuals educated in a
3197+20 country other than the United States, holds a
3198+21 degree from an institution of higher learning in a
3199+22 foreign country that the State Educator
3200+23 Preparation and Licensure Board determines to be
3201+24 the equivalent of a bachelor's degree from a
3202+25 regionally accredited institution of higher
3203+26 learning in the United States.
3204+
3205+
3206+
3207+
3208+
3209+ HB3641 Enrolled - 90 - LRB103 30390 HLH 56820 b
3210+
3211+
3212+HB3641 Enrolled- 91 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 91 - LRB103 30390 HLH 56820 b
3213+ HB3641 Enrolled - 91 - LRB103 30390 HLH 56820 b
3214+1 (iv) (Blank).
3215+2 A language endorsement on an Educator License with
3216+3 Stipulations is valid for prekindergarten through
3217+4 grade 12 for the same validity period as the
3218+5 individual's transitional bilingual educator
3219+6 endorsement on the Educator License with Stipulations
3220+7 and shall not be renewed.
3221+8 (I) Visiting international educator. A visiting
3222+9 international educator endorsement on an Educator
3223+10 License with Stipulations may be issued to an
3224+11 individual who is being recruited by a particular
3225+12 school district that conducts formal recruitment
3226+13 programs outside of the United States to secure the
3227+14 services of qualified teachers and who meets all of
3228+15 the following requirements:
3229+16 (i) Holds the equivalent of a minimum of a
3230+17 bachelor's degree issued in the United States.
3231+18 (ii) Has been prepared as a teacher at the
3232+19 grade level for which he or she will be employed.
3233+20 (iii) Has adequate content knowledge in the
3234+21 subject to be taught.
3235+22 (iv) Has an adequate command of the English
3236+23 language.
3237+24 A holder of a visiting international educator
3238+25 endorsement on an Educator License with Stipulations
3239+26 shall be permitted to teach in bilingual education
3240+
3241+
3242+
3243+
3244+
3245+ HB3641 Enrolled - 91 - LRB103 30390 HLH 56820 b
3246+
3247+
3248+HB3641 Enrolled- 92 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 92 - LRB103 30390 HLH 56820 b
3249+ HB3641 Enrolled - 92 - LRB103 30390 HLH 56820 b
3250+1 programs in the language that was the medium of
3251+2 instruction in his or her teacher preparation program,
3252+3 provided that he or she passes the English Language
3253+4 Proficiency Examination or another test of writing
3254+5 skills in English identified by the State Board of
3255+6 Education, in consultation with the State Educator
3256+7 Preparation and Licensure Board.
3257+8 A visiting international educator endorsement on
3258+9 an Educator License with Stipulations is valid for 5
3259+10 years and shall not be renewed.
3260+11 (J) Paraprofessional educator. A paraprofessional
3261+12 educator endorsement on an Educator License with
3262+13 Stipulations may be issued to an applicant who holds a
3263+14 high school diploma or its recognized equivalent and
3264+15 (i) holds an associate's degree or a minimum of 60
3265+16 semester hours of credit from a regionally accredited
3266+17 institution of higher education; (ii) has passed a
3267+18 paraprofessional competency test under subsection
3268+19 (c-5) of Section 21B-30; or (iii) is at least 18 years
3269+20 of age and will be using the Educator License with
3270+21 Stipulations exclusively for grades prekindergarten
3271+22 through grade 8, until the individual reaches the age
3272+23 of 19 years and otherwise meets the criteria for a
3273+24 paraprofessional educator endorsement pursuant to this
3274+25 subparagraph (J). The paraprofessional educator
3275+26 endorsement is valid until June 30 immediately
3276+
3277+
3278+
3279+
3280+
3281+ HB3641 Enrolled - 92 - LRB103 30390 HLH 56820 b
3282+
3283+
3284+HB3641 Enrolled- 93 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 93 - LRB103 30390 HLH 56820 b
3285+ HB3641 Enrolled - 93 - LRB103 30390 HLH 56820 b
3286+1 following 5 years of the endorsement being issued and
3287+2 may be renewed through application and payment of the
3288+3 appropriate fee, as required under Section 21B-40 of
3289+4 this Code. An individual who holds only a
3290+5 paraprofessional educator endorsement is not subject
3291+6 to additional requirements in order to renew the
3292+7 endorsement.
3293+8 (K) Chief school business official. A chief school
3294+9 business official endorsement on an Educator License
3295+10 with Stipulations may be issued to an applicant who
3296+11 qualifies by having a master's degree or higher, 2
3297+12 years of full-time administrative experience in school
3298+13 business management or 2 years of university-approved
3299+14 practical experience, and a minimum of 24 semester
3300+15 hours of graduate credit in a program approved by the
3301+16 State Board of Education for the preparation of school
3302+17 business administrators and by passage of the
3303+18 applicable State tests, including an applicable
3304+19 content area test.
3305+20 The chief school business official endorsement may
3306+21 also be affixed to the Educator License with
3307+22 Stipulations of any holder who qualifies by having a
3308+23 master's degree in business administration, finance,
3309+24 accounting, or public administration and who completes
3310+25 an additional 6 semester hours of internship in school
3311+26 business management from a regionally accredited
3312+
3313+
3314+
3315+
3316+
3317+ HB3641 Enrolled - 93 - LRB103 30390 HLH 56820 b
3318+
3319+
3320+HB3641 Enrolled- 94 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 94 - LRB103 30390 HLH 56820 b
3321+ HB3641 Enrolled - 94 - LRB103 30390 HLH 56820 b
3322+1 institution of higher education and passes the
3323+2 applicable State tests, including an applicable
3324+3 content area test. This endorsement shall be required
3325+4 for any individual employed as a chief school business
3326+5 official.
3327+6 The chief school business official endorsement on
3328+7 an Educator License with Stipulations is valid until
3329+8 June 30 immediately following 5 years of the
3330+9 endorsement being issued and may be renewed if the
3331+10 license holder completes renewal requirements as
3332+11 required for individuals who hold a Professional
3333+12 Educator License endorsed for chief school business
3334+13 official under Section 21B-45 of this Code and such
3335+14 rules as may be adopted by the State Board of
3336+15 Education.
3337+16 The State Board of Education shall adopt any rules
3338+17 necessary to implement Public Act 100-288.
3339+18 (L) Provisional in-state educator. A provisional
3340+19 in-state educator endorsement on an Educator License
3341+20 with Stipulations may be issued to a candidate who has
3342+21 completed an Illinois-approved educator preparation
3343+22 program at an Illinois institution of higher education
3344+23 and who has not successfully completed an
3345+24 evidence-based assessment of teacher effectiveness but
3346+25 who meets all of the following requirements:
3347+26 (i) Holds at least a bachelor's degree.
3348+
3349+
3350+
3351+
3352+
3353+ HB3641 Enrolled - 94 - LRB103 30390 HLH 56820 b
3354+
3355+
3356+HB3641 Enrolled- 95 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 95 - LRB103 30390 HLH 56820 b
3357+ HB3641 Enrolled - 95 - LRB103 30390 HLH 56820 b
3358+1 (ii) Has completed an approved educator
3359+2 preparation program at an Illinois institution.
3360+3 (iii) Has passed an applicable content area
3361+4 test, as required by Section 21B-30 of this Code.
3362+5 (iv) Has attempted an evidence-based
3363+6 assessment of teacher effectiveness and received a
3364+7 minimum score on that assessment, as established
3365+8 by the State Board of Education in consultation
3366+9 with the State Educator Preparation and Licensure
3367+10 Board.
3368+11 A provisional in-state educator endorsement on an
3369+12 Educator License with Stipulations is valid for one
3370+13 full fiscal year after the date of issuance and may not
3371+14 be renewed.
3372+15 (M) (Blank).
3373+16 (N) Specialized services. A specialized services
3374+17 endorsement on an Educator License with Stipulations
3375+18 may be issued as defined and specified by rule.
3376+19 (O) Provisional career and technical educator. A
3377+20 provisional career and technical educator endorsement
3378+21 on an Educator License with Stipulations may be issued
3379+22 to an applicant who has a minimum of 8,000 hours of
3380+23 work experience in the skill for which the applicant
3381+24 is seeking the endorsement. Each employing school
3382+25 board and regional office of education shall provide
3383+26 verification, in writing, to the State Superintendent
3384+
3385+
3386+
3387+
3388+
3389+ HB3641 Enrolled - 95 - LRB103 30390 HLH 56820 b
3390+
3391+
3392+HB3641 Enrolled- 96 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 96 - LRB103 30390 HLH 56820 b
3393+ HB3641 Enrolled - 96 - LRB103 30390 HLH 56820 b
3394+1 of Education at the time the application is submitted
3395+2 that no qualified teacher holding a Professional
3396+3 Educator License or an Educator License with
3397+4 Stipulations with a career and technical educator
3398+5 endorsement is available to teach and that actual
3399+6 circumstances require such issuance.
3400+7 A provisional career and technical educator
3401+8 endorsement on an Educator License with Stipulations
3402+9 is valid until June 30 immediately following 5 years
3403+10 of the endorsement being issued and may be renewed.
3404+11 An individual who holds a provisional career and
3405+12 technical educator endorsement on an Educator License
3406+13 with Stipulations may teach as a substitute teacher in
3407+14 career and technical education classrooms.
3408+15 (3) Substitute Teaching License. A Substitute Teaching
3409+16 License may be issued to qualified applicants for
3410+17 substitute teaching in all grades of the public schools,
3411+18 prekindergarten through grade 12. Substitute Teaching
3412+19 Licenses are not eligible for endorsements. Applicants for
3413+20 a Substitute Teaching License must hold a bachelor's
3414+21 degree or higher from a regionally accredited institution
3415+22 of higher education or must be enrolled in an approved
3416+23 educator preparation program in this State and have earned
3417+24 at least 90 credit hours.
3418+25 Substitute Teaching Licenses are valid for 5 years.
3419+26 Substitute Teaching Licenses are valid for substitute
3420+
3421+
3422+
3423+
3424+
3425+ HB3641 Enrolled - 96 - LRB103 30390 HLH 56820 b
3426+
3427+
3428+HB3641 Enrolled- 97 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 97 - LRB103 30390 HLH 56820 b
3429+ HB3641 Enrolled - 97 - LRB103 30390 HLH 56820 b
3430+1 teaching in every county of this State. If an individual
3431+2 has had his or her Professional Educator License or
3432+3 Educator License with Stipulations suspended or revoked,
3433+4 then that individual is not eligible to obtain a
3434+5 Substitute Teaching License.
3435+6 A substitute teacher may only teach in the place of a
3436+7 licensed teacher who is under contract with the employing
3437+8 board. If, however, there is no licensed teacher under
3438+9 contract because of an emergency situation, then a
3439+10 district may employ a substitute teacher for no longer
3440+11 than 30 calendar days per each vacant position in the
3441+12 district if the district notifies the appropriate regional
3442+13 office of education within 5 business days after the
3443+14 employment of the substitute teacher in that vacant
3444+15 position. A district may continue to employ that same
3445+16 substitute teacher in that same vacant position for 90
3446+17 calendar days or until the end of the semester, whichever
3447+18 is greater, if, prior to the expiration of the
3448+19 30-calendar-day period then current, the district files a
3449+20 written request with the appropriate regional office of
3450+21 education for a 30-calendar-day extension on the basis
3451+22 that the position remains vacant and the district
3452+23 continues to actively seek qualified candidates and
3453+24 provides documentation that it has provided training
3454+25 specific to the position, including training on meeting
3455+26 the needs of students with disabilities and English
3456+
3457+
3458+
3459+
3460+
3461+ HB3641 Enrolled - 97 - LRB103 30390 HLH 56820 b
3462+
3463+
3464+HB3641 Enrolled- 98 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 98 - LRB103 30390 HLH 56820 b
3465+ HB3641 Enrolled - 98 - LRB103 30390 HLH 56820 b
3466+1 learners if applicable. Each extension request shall be
3467+2 granted in writing by the regional office of education. An
3468+3 emergency situation is one in which an unforeseen vacancy
3469+4 has occurred and (i) a teacher is unexpectedly unable to
3470+5 fulfill his or her contractual duties or (ii) teacher
3471+6 capacity needs of the district exceed previous indications
3472+7 or vacancies are unfilled due to a lack of qualified
3473+8 candidates, and the district is actively engaged in
3474+9 advertising to hire a fully licensed teacher for the
3475+10 vacant position.
3476+11 There is no limit on the number of days that a
3477+12 substitute teacher may teach in a single school district,
3478+13 provided that no substitute teacher may teach for longer
3479+14 than 120 days beginning with the 2021-2022 school year
3480+15 through the 2022-2023 school year, otherwise 90 school
3481+16 days for any one licensed teacher under contract in the
3482+17 same school year. A substitute teacher who holds a
3483+18 Professional Educator License or Educator License with
3484+19 Stipulations shall not teach for more than 120 school days
3485+20 for any one licensed teacher under contract in the same
3486+21 school year. The limitations in this paragraph (3) on the
3487+22 number of days a substitute teacher may be employed do not
3488+23 apply to any school district operating under Article 34 of
3489+24 this Code.
3490+25 A school district may not require an individual who
3491+26 holds a valid Professional Educator License or Educator
3492+
3493+
3494+
3495+
3496+
3497+ HB3641 Enrolled - 98 - LRB103 30390 HLH 56820 b
3498+
3499+
3500+HB3641 Enrolled- 99 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 99 - LRB103 30390 HLH 56820 b
3501+ HB3641 Enrolled - 99 - LRB103 30390 HLH 56820 b
3502+1 License with Stipulations to seek or hold a Substitute
3503+2 Teaching License to teach as a substitute teacher.
3504+3 (4) Short-Term Substitute Teaching License. Beginning
3505+4 on July 1, 2018 and until June 30, 2028, applicants may
3506+5 apply to the State Board of Education for issuance of a
3507+6 Short-Term Substitute Teaching License. A Short-Term
3508+7 Substitute Teaching License may be issued to a qualified
3509+8 applicant for substitute teaching in all grades of the
3510+9 public schools, prekindergarten through grade 12.
3511+10 Short-Term Substitute Teaching Licenses are not eligible
3512+11 for endorsements. Applicants for a Short-Term Substitute
3513+12 Teaching License must hold an associate's degree or have
3514+13 completed at least 60 credit hours from a regionally
3515+14 accredited institution of higher education.
3516+15 Short-Term Substitute Teaching Licenses are valid for
3517+16 substitute teaching in every county of this State. If an
3518+17 individual has had his or her Professional Educator
3519+18 License or Educator License with Stipulations suspended or
3520+19 revoked, then that individual is not eligible to obtain a
3521+20 Short-Term Substitute Teaching License.
3522+21 The provisions of Sections 10-21.9 and 34-18.5 of this
3523+22 Code apply to short-term substitute teachers.
3524+23 An individual holding a Short-Term Substitute Teaching
3525+24 License may teach no more than 15 consecutive days per
3526+25 licensed teacher who is under contract. For teacher
3527+26 absences lasting 6 or more days per licensed teacher who
3528+
3529+
3530+
3531+
3532+
3533+ HB3641 Enrolled - 99 - LRB103 30390 HLH 56820 b
3534+
3535+
3536+HB3641 Enrolled- 100 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 100 - LRB103 30390 HLH 56820 b
3537+ HB3641 Enrolled - 100 - LRB103 30390 HLH 56820 b
3538+1 is under contract, a school district may not hire an
3539+2 individual holding a Short-Term Substitute Teaching
3540+3 License, unless the Governor has declared a disaster due
3541+4 to a public health emergency pursuant to Section 7 of the
3542+5 Illinois Emergency Management Agency Act. An individual
3543+6 holding a Short-Term Substitute Teaching License must
3544+7 complete the training program under Section 10-20.67 or
3545+8 34-18.60 of this Code to be eligible to teach at a public
3546+9 school. Short-Term Substitute Teaching Licenses Short-term
3547+10 substitute teaching licenses under this Section are valid
3548+11 for 5 years.
3549+12 (Source: P.A. 102-711, eff. 1-1-23; 102-712, eff. 4-27-22;
3550+13 102-713, eff. 1-1-23; 102-717, eff. 4-29-22; 102-894, eff.
3551+14 5-20-22; 103-111, eff. 6-29-23; 103-154, eff. 6-30-23;
3552+15 103-193, eff. 1-1-24; revised 9-7-23.)
3553+16 (105 ILCS 5/22-96)
3554+17 (This Section may contain text from a Public Act with a
3555+18 delayed effective date)
3556+19 Sec. 22-96 22-95. Hiring or assigning priority.
3557+20 (a) When hiring or assigning physical education, music,
3558+21 and visual arts educators, a school district must prioritize
3559+22 the hiring or assigning of educators who hold an educator
3560+23 license and endorsement in the those content area to be taught
3561+24 areas.
3562+25 (b) A licensed professional educator assigned to physical
3563+
3564+
3565+
3566+
3567+
3568+ HB3641 Enrolled - 100 - LRB103 30390 HLH 56820 b
3569+
3570+
3571+HB3641 Enrolled- 101 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 101 - LRB103 30390 HLH 56820 b
3572+ HB3641 Enrolled - 101 - LRB103 30390 HLH 56820 b
3573+1 education, music, or visual arts who does not hold an
3574+2 endorsement in the content area to be taught licensure
3575+3 applicant must acquire short-term approval under Part 25 of
3576+4 Title 23 of the Illinois Administrative Code by the State
3577+5 Board of Education pass the licensure content area test for
3578+6 the content area he or she is assigned to teach or complete at
3579+7 least 9 semester hours of coursework in the content area to be
3580+8 taught prior to his or her assignment or employment start
3581+9 date. If no short-term approval is available in the content
3582+10 area to be taught, the licensed educator shall meet equivalent
3583+11 criteria specified by the State Board of Education. In order
3584+12 to retain his or her employment for subsequent school years,
3585+13 the educator employee must acquire the full endorsement in the
3586+14 content area to be taught prior to the end of the validity
3587+15 period of the short-term approval complete the remaining hours
3588+16 of coursework in the content area in which he or she is
3589+17 teaching and apply for a license endorsement within 3 calendar
3590+18 years after his or her employment start date.
3591+19 (c) In the case of a reduction in force, a school district
3592+20 may follow its employee contract language for filling
3593+21 positions.
3594+22 (d) Instead of holding the credentials specified in
3595+23 subsection (a) or (b) of this Section, an educator assigned to
3596+24 a position under this Section may meet any requirements set
3597+25 forth under Title 23 of the Illinois Administrative Code as
3598+26 applicable to the content area to be taught, except that
3599+
3600+
3601+
3602+
3603+
3604+ HB3641 Enrolled - 101 - LRB103 30390 HLH 56820 b
3605+
3606+
3607+HB3641 Enrolled- 102 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 102 - LRB103 30390 HLH 56820 b
3608+ HB3641 Enrolled - 102 - LRB103 30390 HLH 56820 b
3609+1 subsection (b) of Section 1.710 of Title 23 of the Illinois
3610+2 Administrative Code does not apply to an educator assigned to
3611+3 a position under this subsection (d).
3612+4 (Source: P.A. 103-46, eff. 1-1-24; revised 9-25-23.)
3613+5 (105 ILCS 5/27-20.3) (from Ch. 122, par. 27-20.3)
3614+6 Sec. 27-20.3. Holocaust and Genocide Study.
3615+7 (a) Every public elementary school and high school shall
3616+8 include in its curriculum a unit of instruction studying the
3617+9 events of the Nazi atrocities of 1933 to 1945. This period in
3618+10 world history is known as the Holocaust, during which
3619+11 6,000,000 Jews and millions of non-Jews were exterminated. One
3620+12 of the universal lessons of the Holocaust is that national,
3621+13 ethnic, racial, or religious hatred can overtake any nation or
3622+14 society, leading to calamitous consequences. To reinforce that
3623+15 lesson, such curriculum shall include an additional unit of
3624+16 instruction studying other acts of genocide across the globe.
3625+17 This unit shall include, but not be limited to, the Native
3626+18 American genocide in North America, the Armenian Genocide, the
3627+19 Famine-Genocide in Ukraine, and more recent atrocities in
3628+20 Cambodia, Bosnia, Rwanda, and Sudan. The studying of this
3629+21 material is a reaffirmation of the commitment of free peoples
3630+22 from all nations to never again permit the occurrence of
3631+23 another Holocaust and a recognition that crimes of genocide
3632+24 continue to be perpetrated across the globe as they have been
3633+25 in the past and to deter indifference to crimes against
3634+
3635+
3636+
3637+
3638+
3639+ HB3641 Enrolled - 102 - LRB103 30390 HLH 56820 b
3640+
3641+
3642+HB3641 Enrolled- 103 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 103 - LRB103 30390 HLH 56820 b
3643+ HB3641 Enrolled - 103 - LRB103 30390 HLH 56820 b
3644+1 humanity and human suffering wherever they may occur.
3645+2 (b) The State Superintendent of Education may prepare and
3646+3 make available to all school boards instructional materials
3647+4 which may be used as guidelines for development of a unit of
3648+5 instruction under this Section; provided, however, that each
3649+6 school board shall itself determine the minimum amount of
3650+7 instruction time which shall qualify as a unit of instruction
3651+8 satisfying the requirements of this Section.
3652+9 Instructional materials that include the addition of
3653+10 content related to the Native American genocide in North
3654+11 America shall be prepared and made available to all school
3655+12 boards on the State Board of Education's Internet website no
3656+13 later than July 1, 2024 January 1, 2025. Notwithstanding
3657+14 subsection (a) of this Section, a school is not required to
3658+15 teach the additional content related to the Native American
3659+16 genocide in North America until instructional materials are
3660+17 made available on the State Board's Internet website.
3661+18 Instructional materials related to the Native American
3662+19 genocide in North America shall be developed in consultation
3663+20 with members of the Chicago American Indian Community
3664+21 Collaborative who are members of a federally recognized tribe,
3665+22 are documented descendants of Indigenous communities, or are
3666+23 other persons recognized as contributing community members by
3667+24 the Chicago American Indian Community Collaborative and who
3668+25 currently reside in this State or their designees.
3669+26 (Source: P.A. 103-422, eff. 8-4-23.)
3670+
3671+
3672+
3673+
3674+
3675+ HB3641 Enrolled - 103 - LRB103 30390 HLH 56820 b
3676+
3677+
3678+HB3641 Enrolled- 104 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 104 - LRB103 30390 HLH 56820 b
3679+ HB3641 Enrolled - 104 - LRB103 30390 HLH 56820 b
3680+1 (105 ILCS 5/27-21) (from Ch. 122, par. 27-21)
3681+2 Sec. 27-21. History of United States.
3682+3 (a) History of the United States shall be taught in all
3683+4 public schools and in all other educational institutions in
3684+5 this State supported or maintained, in whole or in part, by
3685+6 public funds.
3686+7 The teaching of history shall have as one of its
3687+8 objectives the imparting to pupils of a comprehensive idea of
3688+9 our democratic form of government and the principles for which
3689+10 our government stands as regards other nations, including the
3690+11 studying of the place of our government in world-wide
3691+12 movements and the leaders thereof, with particular stress upon
3692+13 the basic principles and ideals of our representative form of
3693+14 government.
3694+15 The teaching of history shall include a study of the role
3695+16 and contributions of African Americans and other ethnic
3696+17 groups, including, but not restricted to, Native Americans,
3697+18 Polish, Lithuanian, German, Hungarian, Irish, Bohemian,
3698+19 Russian, Albanian, Italian, Czech, Slovak, French, Scots,
3699+20 Hispanics, Asian Americans, etc., in the history of this
3700+21 country and this State. To reinforce the study of the role and
3701+22 contributions of Hispanics, such curriculum shall include the
3702+23 study of the events related to the forceful removal and
3703+24 illegal deportation of Mexican-American U.S. citizens during
3704+25 the Great Depression.
3705+
3706+
3707+
3708+
3709+
3710+ HB3641 Enrolled - 104 - LRB103 30390 HLH 56820 b
3711+
3712+
3713+HB3641 Enrolled- 105 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 105 - LRB103 30390 HLH 56820 b
3714+ HB3641 Enrolled - 105 - LRB103 30390 HLH 56820 b
3715+1 The teaching of history shall also include teaching about
3716+2 Native American nations' sovereignty and self-determination,
3717+3 both historically and in the present day, with a focus on urban
3718+4 Native Americans.
3719+5 In public schools only, the teaching of history shall
3720+6 include a study of the roles and contributions of lesbian,
3721+7 gay, bisexual, and transgender people in the history of this
3722+8 country and this State.
3723+9 The teaching of history also shall include a study of the
3724+10 role of labor unions and their interaction with government in
3725+11 achieving the goals of a mixed free enterprise system.
3726+12 Beginning with the 2020-2021 school year, the teaching of
3727+13 history must also include instruction on the history of
3728+14 Illinois.
3729+15 The teaching of history shall include the contributions
3730+16 made to society by Americans of different faith practices,
3731+17 including, but not limited to, Native Americans, Muslim
3732+18 Americans, Jewish Americans, Christian Americans, Hindu
3733+19 Americans, Sikh Americans, Buddhist Americans, and any other
3734+20 collective community of faith that has shaped America.
3735+21 (b) No pupils shall be graduated from the eighth grade of
3736+22 any public school unless the pupils have received instruction
3737+23 in the history of the United States as provided in this Section
3738+24 and give evidence of having a comprehensive knowledge thereof,
3739+25 which may be administered remotely.
3740+26 (c) The State Superintendent of Education may prepare and
3741+
3742+
3743+
3744+
3745+
3746+ HB3641 Enrolled - 105 - LRB103 30390 HLH 56820 b
3747+
3748+
3749+HB3641 Enrolled- 106 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 106 - LRB103 30390 HLH 56820 b
3750+ HB3641 Enrolled - 106 - LRB103 30390 HLH 56820 b
3751+1 make available to all school boards instructional materials
3752+2 that may be used as guidelines for the development of
3753+3 instruction under this Section; however, each school board
3754+4 shall itself determine the minimum amount of instructional
3755+5 time required for satisfying the requirements of this Section.
3756+6 Instructional materials that include the addition of content
3757+7 related to Native Americans shall be prepared by the State
3758+8 Superintendent of Education and made available to all school
3759+9 boards on the State Board of Education's Internet website no
3760+10 later than July 1, 2024 January 1, 2025. These instructional
3761+11 materials may be used by school boards as guidelines for the
3762+12 development of instruction under this Section; however, each
3763+13 school board shall itself determine the minimum amount of
3764+14 instructional time for satisfying the requirements of this
3765+15 Section. Notwithstanding subsections (a) and (b) of this
3766+16 Section, a school or other educational institution is not
3767+17 required to teach and a pupil is not required to learn the
3768+18 additional content related to Native Americans until
3769+19 instructional materials are made available on the State
3770+20 Board's Internet website.
3771+21 Instructional materials related to Native Americans shall
3772+22 be developed in consultation with members of the Chicago
3773+23 American Indian Community Collaborative who are members of a
3774+24 federally recognized tribe, are documented descendants of
3775+25 Indigenous communities, or are other persons recognized as
3776+26 contributing community members by the Chicago American Indian
3777+
3778+
3779+
3780+
3781+
3782+ HB3641 Enrolled - 106 - LRB103 30390 HLH 56820 b
3783+
3784+
3785+HB3641 Enrolled- 107 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 107 - LRB103 30390 HLH 56820 b
3786+ HB3641 Enrolled - 107 - LRB103 30390 HLH 56820 b
3787+1 Community Collaborative and who currently reside in this
3788+2 State.
3789+3 (Source: P.A. 102-411, eff. 1-1-22; 103-422, eff. 8-4-23.)
3790+4 Section 45. The Child Care Act of 1969 is amended by
3791+5 changing Sections 2.06 and 2.17 and by adding Section 2.35 as
3792+6 follows:
3793+7 (225 ILCS 10/2.06) (from Ch. 23, par. 2212.06)
3794+8 Sec. 2.06. "Child care institution" means a child care
3795+9 facility where more than 7 children are received and
3796+10 maintained for the purpose of providing them with care or
3797+11 training or both. The term "child care institution" includes
3798+12 residential schools, primarily serving ambulatory children
3799+13 with disabilities, and those operating a full calendar year,
3800+14 but does not include:
3801+15 (a) any State-operated institution for child care
3802+16 established by legislative action;
3803+17 (b) any juvenile detention or shelter care home
3804+18 established and operated by any county or child protection
3805+19 district established under the "Child Protection Act";
3806+20 (c) any institution, home, place or facility operating
3807+21 under a license pursuant to the Nursing Home Care Act, the
3808+22 Specialized Mental Health Rehabilitation Act of 2013, the
3809+23 ID/DD Community Care Act, or the MC/DD Act;
3810+24 (d) any bona fide boarding school in which children
3811+
3812+
3813+
3814+
3815+
3816+ HB3641 Enrolled - 107 - LRB103 30390 HLH 56820 b
3817+
3818+
3819+HB3641 Enrolled- 108 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 108 - LRB103 30390 HLH 56820 b
3820+ HB3641 Enrolled - 108 - LRB103 30390 HLH 56820 b
3821+1 are primarily taught branches of education corresponding
3822+2 to those taught in public schools, grades one through 12,
3823+3 or taught in public elementary schools, high schools, or
3824+4 both elementary and high schools, and which operates on a
3825+5 regular academic school year basis; or
3826+6 (e) any facility licensed as a "group home" as defined
3827+7 in this Act; or .
3828+8 (f) any qualified residential treatment program.
3829+9 (Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15;
3830+10 99-180, eff. 7-29-15; 99-642, eff. 7-28-16.)
3831+11 (225 ILCS 10/2.17) (from Ch. 23, par. 2212.17)
3832+12 Sec. 2.17. "Foster family home" means the home of an
3833+13 individual or family:
3834+14 (1) that is licensed or approved by the state in which it
3835+15 is situated as a foster family home that meets the standards
3836+16 established for the licensing or approval; and
3837+17 (2) in which a child in foster care has been placed in the
3838+18 care of an individual who resides with the child and who has
3839+19 been licensed or approved by the state to be a foster parent
3840+20 and:
3841+21 (A) who the Department of Children and Family Services
3842+22 deems capable of adhering to the reasonable and prudent
3843+23 parent standard;
3844+24 (B) who provides 24-hour substitute care for children
3845+25 placed away from their parents or other caretakers; and
3846+
3847+
3848+
3849+
3850+
3851+ HB3641 Enrolled - 108 - LRB103 30390 HLH 56820 b
3852+
3853+
3854+HB3641 Enrolled- 109 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 109 - LRB103 30390 HLH 56820 b
3855+ HB3641 Enrolled - 109 - LRB103 30390 HLH 56820 b
3856+1 (3) who provides the care for a facility for child care in
3857+2 residences of families who receive no more than 6 children
3858+3 unrelated to them, unless all the children are of common
3859+4 parentage, or residences of relatives who receive no more than
3860+5 6 related children placed by the Department, unless the
3861+6 children are of common parentage, for the purpose of providing
3862+7 family care and training for the children on a full-time
3863+8 basis, except the Director of Children and Family Services,
3864+9 pursuant to Department regulations, may waive the numerical
3865+10 limitation of foster children who may be cared for in a foster
3866+11 family home for any of the following reasons to allow: (i) (1)
3867+12 a parenting youth in foster care to remain with the child of
3868+13 the parenting youth; (ii) (2) siblings to remain together;
3869+14 (iii) (3) a child with an established meaningful relationship
3870+15 with the family to remain with the family; or (iv) (4) a family
3871+16 with special training or skills to provide care to a child who
3872+17 has a severe disability. The family's or relative's own
3873+18 children, under 18 years of age, shall be included in
3874+19 determining the maximum number of children served.
3875+20 For purposes of this Section, a "relative" includes any
3876+21 person, 21 years of age or over, other than the parent, who (i)
3877+22 is currently related to the child in any of the following ways
3878+23 by blood or adoption: grandparent, sibling, great-grandparent,
3879+24 uncle, aunt, nephew, niece, first cousin, great-uncle, or
3880+25 great-aunt; or (ii) is the spouse of such a relative; or (iii)
3881+26 is a child's step-father, step-mother, or adult step-brother
3882+
3883+
3884+
3885+
3886+
3887+ HB3641 Enrolled - 109 - LRB103 30390 HLH 56820 b
3888+
3889+
3890+HB3641 Enrolled- 110 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 110 - LRB103 30390 HLH 56820 b
3891+ HB3641 Enrolled - 110 - LRB103 30390 HLH 56820 b
3892+1 or step-sister; or (iv) is a fictive kin; "relative" also
3893+2 includes a person related in any of the foregoing ways to a
3894+3 sibling of a child, even though the person is not related to
3895+4 the child, when the child and its sibling are placed together
3896+5 with that person. For purposes of placement of children
3897+6 pursuant to Section 7 of the Children and Family Services Act
3898+7 and for purposes of licensing requirements set forth in
3899+8 Section 4 of this Act, for children under the custody or
3900+9 guardianship of the Department pursuant to the Juvenile Court
3901+10 Act of 1987, after a parent signs a consent, surrender, or
3902+11 waiver or after a parent's rights are otherwise terminated,
3903+12 and while the child remains in the custody or guardianship of
3904+13 the Department, the child is considered to be related to those
3905+14 to whom the child was related under this Section prior to the
3906+15 signing of the consent, surrender, or waiver or the order of
3907+16 termination of parental rights.
3908+17 The term "foster family home" includes homes receiving
3909+18 children from any State-operated institution for child care;
3910+19 or from any agency established by a municipality or other
3911+20 political subdivision of the State of Illinois authorized to
3912+21 provide care for children outside their own homes. The term
3913+22 "foster family home" does not include an "adoption-only home"
3914+23 as defined in Section 2.23 of this Act. The types of foster
3915+24 family homes are defined as follows:
3916+25 (a) "Boarding home" means a foster family home which
3917+26 receives payment for regular full-time care of a child or
3918+
3919+
3920+
3921+
3922+
3923+ HB3641 Enrolled - 110 - LRB103 30390 HLH 56820 b
3924+
3925+
3926+HB3641 Enrolled- 111 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 111 - LRB103 30390 HLH 56820 b
3927+ HB3641 Enrolled - 111 - LRB103 30390 HLH 56820 b
3928+1 children.
3929+2 (b) "Free home" means a foster family home other than
3930+3 an adoptive home which does not receive payments for the
3931+4 care of a child or children.
3932+5 (c) "Adoptive home" means a foster family home which
3933+6 receives a child or children for the purpose of adopting
3934+7 the child or children, but does not include an
3935+8 adoption-only home.
3936+9 (d) "Work-wage home" means a foster family home which
3937+10 receives a child or children who pay part or all of their
3938+11 board by rendering some services to the family not
3939+12 prohibited by the Child Labor Law or by standards or
3940+13 regulations of the Department prescribed under this Act.
3941+14 The child or children may receive a wage in connection
3942+15 with the services rendered the foster family.
3943+16 (e) "Agency-supervised home" means a foster family
3944+17 home under the direct and regular supervision of a
3945+18 licensed child welfare agency, of the Department of
3946+19 Children and Family Services, of a circuit court, or of
3947+20 any other State agency which has authority to place
3948+21 children in child care facilities, and which receives no
3949+22 more than 8 children, unless of common parentage, who are
3950+23 placed and are regularly supervised by one of the
3951+24 specified agencies.
3952+25 (f) "Independent home" means a foster family home,
3953+26 other than an adoptive home, which receives no more than 4
3954+
3955+
3956+
3957+
3958+
3959+ HB3641 Enrolled - 111 - LRB103 30390 HLH 56820 b
3960+
3961+
3962+HB3641 Enrolled- 112 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 112 - LRB103 30390 HLH 56820 b
3963+ HB3641 Enrolled - 112 - LRB103 30390 HLH 56820 b
3964+1 children, unless of common parentage, directly from
3965+2 parents, or other legally responsible persons, by
3966+3 independent arrangement and which is not subject to direct
3967+4 and regular supervision of a specified agency except as
3968+5 such supervision pertains to licensing by the Department.
3969+6 (g) "Host home" means an emergency foster family home
3970+7 under the direction and regular supervision of a licensed
3971+8 child welfare agency, contracted to provide short-term
3972+9 crisis intervention services to youth served under the
3973+10 Comprehensive Community-Based Youth Services program,
3974+11 under the direction of the Department of Human Services.
3975+12 The youth shall not be under the custody or guardianship
3976+13 of the Department pursuant to the Juvenile Court Act of
3977+14 1987.
3978+15 (Source: P.A. 101-63, eff. 7-12-19; 102-688, eff. 7-1-22.)
3979+16 (225 ILCS 10/2.35 new)
3980+17 Sec. 2.35. Qualified residential treatment program.
3981+18 "Qualified residential treatment program" means a program
3982+19 that:
3983+20 (1) has a trauma-informed treatment model that is
3984+21 designed to address the needs, including clinical needs as
3985+22 appropriate, of children with serious emotional or
3986+23 behavioral disorders or disturbances and, with respect to
3987+24 a child, is able to implement the treatment identified for
3988+25 the child by the assessment of the child required under 42
3989+
3990+
3991+
3992+
3993+
3994+ HB3641 Enrolled - 112 - LRB103 30390 HLH 56820 b
3995+
3996+
3997+HB3641 Enrolled- 113 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 113 - LRB103 30390 HLH 56820 b
3998+ HB3641 Enrolled - 113 - LRB103 30390 HLH 56820 b
3999+1 U.S.C. 675a(c);
4000+2 (2) whether by acquisition of direct employment or
4001+3 otherwise, has registered or licensed nursing staff and
4002+4 other licensed clinical staff who:
4003+5 (A) provide care within the scope of their
4004+6 practice as defined by law;
4005+7 (B) are located on-site; and
4006+8 (C) are available 24 hours a day, 7 days a week;
4007+9 (3) to the extent appropriate, and in accordance with
4008+10 the child's best interests, facilitates participation of
4009+11 family members in the child's treatment program;
4010+12 (4) facilitates outreach to the family members of the
4011+13 child, including siblings, documents how the outreach is
4012+14 made, including contact information, and maintains contact
4013+15 information for any known biological family and fictive
4014+16 kin of the child;
4015+17 (5) documents how family members are integrated into
4016+18 the treatment process for the child, including
4017+19 post-discharge, and how sibling connections are
4018+20 maintained;
4019+21 (6) provides discharge planning and family-based
4020+22 aftercare support for at least 6 months post-discharge;
4021+23 and
4022+24 (7) is licensed in accordance with this Act and is
4023+25 accredited by any of the following independent,
4024+26 not-for-profit organizations:
4025+
4026+
4027+
4028+
4029+
4030+ HB3641 Enrolled - 113 - LRB103 30390 HLH 56820 b
4031+
4032+
4033+HB3641 Enrolled- 114 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 114 - LRB103 30390 HLH 56820 b
4034+ HB3641 Enrolled - 114 - LRB103 30390 HLH 56820 b
4035+1 (A) the Commission on Accreditation of
4036+2 Rehabilitation Facilities;
4037+3 (B) the Joint Commission;
4038+4 (C) the Council on Accreditation; or
4039+5 (D) any other independent, not-for-profit
4040+6 accrediting organization approved by the Secretary of
4041+7 Health and Human Services as described in 42 U.S.C.
4042+8 672 (k)(4).
4043+9 Section 50. The Laser System Act of 1997 is amended by
4044+10 changing Section 16 as follows:
4045+11 (420 ILCS 56/16)
4046+12 Sec. 16. Laser safety officers.
4047+13 (a) Each laser installation whose function is for the use
4048+14 of a temporary laser display shall use a laser safety officer.
4049+15 (b) The Agency shall adopt rules specifying minimum
4050+16 training and experience requirements for laser safety
4051+17 officers. The requirements shall be specific to the evaluation
4052+18 and control of laser hazards for different types of laser
4053+19 systems and the purpose for which a laser system is used.
4054+20 (c) If a laser safety officer encounters noncompliance
4055+21 with this Act or rules adopted under this Act in the course of
4056+22 performing duties as a laser safety officer, then the laser
4057+23 safety officer shall report that noncompliance to the Agency
4058+24 as soon as practical to protect public health and safety.
4059+
4060+
4061+
4062+
4063+
4064+ HB3641 Enrolled - 114 - LRB103 30390 HLH 56820 b
4065+
4066+
4067+HB3641 Enrolled- 115 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 115 - LRB103 30390 HLH 56820 b
4068+ HB3641 Enrolled - 115 - LRB103 30390 HLH 56820 b
4069+1 (d) No person may act as a laser safety officer or
4070+2 advertise or use any title implying qualification as a laser
4071+3 safety officer unless the person meets the training and
4072+4 experience requirements of this Act and the training and
4073+5 experience requirements established by the Agency under
4074+6 subsection (b).
4075+7 (Source: P.A. 103-277, eff. 7-28-23.)
4076+8 Section 55. The Juvenile Court Act of 1987 is amended by
4077+9 changing Section 1-3 as follows:
4078+10 (705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
4079+11 Sec. 1-3. Definitions. Terms used in this Act, unless the
4080+12 context otherwise requires, have the following meanings
4081+13 ascribed to them:
4082+14 (1) "Adjudicatory hearing" means a hearing to determine
4083+15 whether the allegations of a petition under Section 2-13,
4084+16 3-15, or 4-12 that a minor under 18 years of age is abused,
4085+17 neglected, or dependent, or requires authoritative
4086+18 intervention, or addicted, respectively, are supported by a
4087+19 preponderance of the evidence or whether the allegations of a
4088+20 petition under Section 5-520 that a minor is delinquent are
4089+21 proved beyond a reasonable doubt.
4090+22 (2) "Adult" means a person 21 years of age or older.
4091+23 (3) "Agency" means a public or private child care facility
4092+24 legally authorized or licensed by this State for placement or
4093+
4094+
4095+
4096+
4097+
4098+ HB3641 Enrolled - 115 - LRB103 30390 HLH 56820 b
4099+
4100+
4101+HB3641 Enrolled- 116 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 116 - LRB103 30390 HLH 56820 b
4102+ HB3641 Enrolled - 116 - LRB103 30390 HLH 56820 b
4103+1 institutional care or for both placement and institutional
4104+2 care.
4105+3 (4) "Association" means any organization, public or
4106+4 private, engaged in welfare functions which include services
4107+5 to or on behalf of children but does not include "agency" as
4108+6 herein defined.
4109+7 (4.05) Whenever a "best interest" determination is
4110+8 required, the following factors shall be considered in the
4111+9 context of the child's age and developmental needs:
4112+10 (a) the physical safety and welfare of the child,
4113+11 including food, shelter, health, and clothing;
4114+12 (b) the development of the child's identity;
4115+13 (c) the child's background and ties, including
4116+14 familial, cultural, and religious;
4117+15 (d) the child's sense of attachments, including:
4118+16 (i) where the child actually feels love,
4119+17 attachment, and a sense of being valued (as opposed to
4120+18 where adults believe the child should feel such love,
4121+19 attachment, and a sense of being valued);
4122+20 (ii) the child's sense of security;
4123+21 (iii) the child's sense of familiarity;
4124+22 (iv) continuity of affection for the child;
4125+23 (v) the least disruptive placement alternative for
4126+24 the child;
4127+25 (e) the child's wishes and long-term goals;
4128+26 (f) the child's community ties, including church,
4129+
4130+
4131+
4132+
4133+
4134+ HB3641 Enrolled - 116 - LRB103 30390 HLH 56820 b
4135+
4136+
4137+HB3641 Enrolled- 117 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 117 - LRB103 30390 HLH 56820 b
4138+ HB3641 Enrolled - 117 - LRB103 30390 HLH 56820 b
4139+1 school, and friends;
4140+2 (g) the child's need for permanence which includes the
4141+3 child's need for stability and continuity of relationships
4142+4 with parent figures and with siblings and other relatives;
4143+5 (h) the uniqueness of every family and child;
4144+6 (i) the risks attendant to entering and being in
4145+7 substitute care; and
4146+8 (j) the preferences of the persons available to care
4147+9 for the child.
4148+10 (4.1) "Chronic truant" shall have the definition ascribed
4149+11 to it in Section 26-2a of the School Code.
4150+12 (5) "Court" means the circuit court in a session or
4151+13 division assigned to hear proceedings under this Act.
4152+14 (6) "Dispositional hearing" means a hearing to determine
4153+15 whether a minor should be adjudged to be a ward of the court,
4154+16 and to determine what order of disposition should be made in
4155+17 respect to a minor adjudged to be a ward of the court.
4156+18 (6.5) "Dissemination" or "disseminate" means to publish,
4157+19 produce, print, manufacture, distribute, sell, lease, exhibit,
4158+20 broadcast, display, transmit, or otherwise share information
4159+21 in any format so as to make the information accessible to
4160+22 others.
4161+23 (7) "Emancipated minor" means any minor 16 years of age or
4162+24 over who has been completely or partially emancipated under
4163+25 the Emancipation of Minors Act or under this Act.
4164+26 (7.03) "Expunge" means to physically destroy the records
4165+
4166+
4167+
4168+
4169+
4170+ HB3641 Enrolled - 117 - LRB103 30390 HLH 56820 b
4171+
4172+
4173+HB3641 Enrolled- 118 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 118 - LRB103 30390 HLH 56820 b
4174+ HB3641 Enrolled - 118 - LRB103 30390 HLH 56820 b
4175+1 and to obliterate the minor's name from any official index,
4176+2 public record, or electronic database.
4177+3 (7.05) "Foster parent" includes a relative caregiver
4178+4 selected by the Department of Children and Family Services to
4179+5 provide care for the minor.
4180+6 (8) "Guardianship of the person" of a minor means the duty
4181+7 and authority to act in the best interests of the minor,
4182+8 subject to residual parental rights and responsibilities, to
4183+9 make important decisions in matters having a permanent effect
4184+10 on the life and development of the minor and to be concerned
4185+11 with the minor's general welfare. It includes but is not
4186+12 necessarily limited to:
4187+13 (a) the authority to consent to marriage, to
4188+14 enlistment in the armed forces of the United States, or to
4189+15 a major medical, psychiatric, and surgical treatment; to
4190+16 represent the minor in legal actions; and to make other
4191+17 decisions of substantial legal significance concerning the
4192+18 minor;
4193+19 (b) the authority and duty of reasonable visitation,
4194+20 except to the extent that these have been limited in the
4195+21 best interests of the minor by court order;
4196+22 (c) the rights and responsibilities of legal custody
4197+23 except where legal custody has been vested in another
4198+24 person or agency; and
4199+25 (d) the power to consent to the adoption of the minor,
4200+26 but only if expressly conferred on the guardian in
4201+
4202+
4203+
4204+
4205+
4206+ HB3641 Enrolled - 118 - LRB103 30390 HLH 56820 b
4207+
4208+
4209+HB3641 Enrolled- 119 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 119 - LRB103 30390 HLH 56820 b
4210+ HB3641 Enrolled - 119 - LRB103 30390 HLH 56820 b
4211+1 accordance with Section 2-29, 3-30, or 4-27.
4212+2 (8.1) "Juvenile court record" includes, but is not limited
4213+3 to:
4214+4 (a) all documents filed in or maintained by the
4215+5 juvenile court pertaining to a specific incident,
4216+6 proceeding, or individual;
4217+7 (b) all documents relating to a specific incident,
4218+8 proceeding, or individual made available to or maintained
4219+9 by probation officers;
4220+10 (c) all documents, video or audio tapes, photographs,
4221+11 and exhibits admitted into evidence at juvenile court
4222+12 hearings; or
4223+13 (d) all documents, transcripts, records, reports, or
4224+14 other evidence prepared by, maintained by, or released by
4225+15 any municipal, county, or State agency or department, in
4226+16 any format, if indicating involvement with the juvenile
4227+17 court relating to a specific incident, proceeding, or
4228+18 individual.
4229+19 (8.2) "Juvenile law enforcement record" includes records
4230+20 of arrest, station adjustments, fingerprints, probation
4231+21 adjustments, the issuance of a notice to appear, or any other
4232+22 records or documents maintained by any law enforcement agency
4233+23 relating to a minor suspected of committing an offense, and
4234+24 records maintained by a law enforcement agency that identifies
4235+25 a juvenile as a suspect in committing an offense, but does not
4236+26 include records identifying a juvenile as a victim, witness,
4237+
4238+
4239+
4240+
4241+
4242+ HB3641 Enrolled - 119 - LRB103 30390 HLH 56820 b
4243+
4244+
4245+HB3641 Enrolled- 120 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 120 - LRB103 30390 HLH 56820 b
4246+ HB3641 Enrolled - 120 - LRB103 30390 HLH 56820 b
4247+1 or missing juvenile and any records created, maintained, or
4248+2 used for purposes of referral to programs relating to
4249+3 diversion as defined in subsection (6) of Section 5-105.
4250+4 (9) "Legal custody" means the relationship created by an
4251+5 order of court in the best interests of the minor which imposes
4252+6 on the custodian the responsibility of physical possession of
4253+7 a minor and the duty to protect, train and discipline the minor
4254+8 and to provide the minor with food, shelter, education, and
4255+9 ordinary medical care, except as these are limited by residual
4256+10 parental rights and responsibilities and the rights and
4257+11 responsibilities of the guardian of the person, if any.
4258+12 (9.1) "Mentally capable adult relative" means a person 21
4259+13 years of age or older who is not suffering from a mental
4260+14 illness that prevents the person from providing the care
4261+15 necessary to safeguard the physical safety and welfare of a
4262+16 minor who is left in that person's care by the parent or
4263+17 parents or other person responsible for the minor's welfare.
4264+18 (10) "Minor" means a person under the age of 21 years
4265+19 subject to this Act.
4266+20 (11) "Parent" means a father or mother of a child and
4267+21 includes any adoptive parent. It also includes a person (i)
4268+22 whose parentage is presumed or has been established under the
4269+23 law of this or another jurisdiction or (ii) who has registered
4270+24 with the Putative Father Registry in accordance with Section
4271+25 12.1 of the Adoption Act and whose paternity has not been ruled
4272+26 out under the law of this or another jurisdiction. It does not
4273+
4274+
4275+
4276+
4277+
4278+ HB3641 Enrolled - 120 - LRB103 30390 HLH 56820 b
4279+
4280+
4281+HB3641 Enrolled- 121 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 121 - LRB103 30390 HLH 56820 b
4282+ HB3641 Enrolled - 121 - LRB103 30390 HLH 56820 b
4283+1 include a parent whose rights in respect to the minor have been
4284+2 terminated in any manner provided by law. It does not include a
4285+3 person who has been or could be determined to be a parent under
4286+4 the Illinois Parentage Act of 1984 or the Illinois Parentage
4287+5 Act of 2015, or similar parentage law in any other state, if
4288+6 that person has been convicted of or pled nolo contendere to a
4289+7 crime that resulted in the conception of the child under
4290+8 Section 11-1.20, 11-1.30, 11-1.40, 11-11, 12-13, 12-14,
4291+9 12-14.1, subsection (a) or (b) (but not subsection (c)) of
4292+10 Section 11-1.50 or 12-15, or subsection (a), (b), (c), (e), or
4293+11 (f) (but not subsection (d)) of Section 11-1.60 or 12-16 of the
4294+12 Criminal Code of 1961 or the Criminal Code of 2012, or similar
4295+13 statute in another jurisdiction unless upon motion of any
4296+14 party, other than the offender, to the juvenile court
4297+15 proceedings the court finds it is in the child's best interest
4298+16 to deem the offender a parent for purposes of the juvenile
4299+17 court proceedings.
4300+18 (11.1) "Permanency goal" means a goal set by the court as
4301+19 defined in subdivision (2) of Section 2-28.
4302+20 (11.2) "Permanency hearing" means a hearing to set the
4303+21 permanency goal and to review and determine (i) the
4304+22 appropriateness of the services contained in the plan and
4305+23 whether those services have been provided, (ii) whether
4306+24 reasonable efforts have been made by all the parties to the
4307+25 service plan to achieve the goal, and (iii) whether the plan
4308+26 and goal have been achieved.
4309+
4310+
4311+
4312+
4313+
4314+ HB3641 Enrolled - 121 - LRB103 30390 HLH 56820 b
4315+
4316+
4317+HB3641 Enrolled- 122 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 122 - LRB103 30390 HLH 56820 b
4318+ HB3641 Enrolled - 122 - LRB103 30390 HLH 56820 b
4319+1 (12) "Petition" means the petition provided for in Section
4320+2 2-13, 3-15, 4-12, or 5-520, including any supplemental
4321+3 petitions thereunder in Section 3-15, 4-12, or 5-520.
4322+4 (12.1) "Physically capable adult relative" means a person
4323+5 21 years of age or older who does not have a severe physical
4324+6 disability or medical condition, or is not suffering from
4325+7 alcoholism or drug addiction, that prevents the person from
4326+8 providing the care necessary to safeguard the physical safety
4327+9 and welfare of a minor who is left in that person's care by the
4328+10 parent or parents or other person responsible for the minor's
4329+11 welfare.
4330+12 (12.2) "Post Permanency Sibling Contact Agreement" has the
4331+13 meaning ascribed to the term in Section 7.4 of the Children and
4332+14 Family Services Act.
4333+15 (12.3) "Residential treatment center" means a licensed
4334+16 setting that provides 24-hour care to children in a group home
4335+17 or institution, including a facility licensed as a child care
4336+18 institution under Section 2.06 of the Child Care Act of 1969, a
4337+19 licensed group home under Section 2.16 of the Child Care Act of
4338+20 1969, a qualified residential treatment program under Section
4339+21 2.35 of the Child Care Act of 1969, a secure child care
4340+22 facility as defined in paragraph (18) of this Section, or any
4341+23 similar facility in another state. "Residential treatment
4342+24 center" does not include a relative foster home or a licensed
4343+25 foster family home.
4344+26 (13) "Residual parental rights and responsibilities" means
4345+
4346+
4347+
4348+
4349+
4350+ HB3641 Enrolled - 122 - LRB103 30390 HLH 56820 b
4351+
4352+
4353+HB3641 Enrolled- 123 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 123 - LRB103 30390 HLH 56820 b
4354+ HB3641 Enrolled - 123 - LRB103 30390 HLH 56820 b
4355+1 those rights and responsibilities remaining with the parent
4356+2 after the transfer of legal custody or guardianship of the
4357+3 person, including, but not necessarily limited to, the right
4358+4 to reasonable visitation (which may be limited by the court in
4359+5 the best interests of the minor as provided in subsection
4360+6 (8)(b) of this Section), the right to consent to adoption, the
4361+7 right to determine the minor's religious affiliation, and the
4362+8 responsibility for the minor's support.
4363+9 (14) "Shelter" means the temporary care of a minor in
4364+10 physically unrestricting facilities pending court disposition
4365+11 or execution of court order for placement.
4366+12 (14.05) "Shelter placement" means a temporary or emergency
4367+13 placement for a minor, including an emergency foster home
4368+14 placement.
4369+15 (14.1) "Sibling Contact Support Plan" has the meaning
4370+16 ascribed to the term in Section 7.4 of the Children and Family
4371+17 Services Act.
4372+18 (14.2) "Significant event report" means a written document
4373+19 describing an occurrence or event beyond the customary
4374+20 operations, routines, or relationships in the Department of
4375+21 Children of Family Services, a child care facility, or other
4376+22 entity that is licensed or regulated by the Department of
4377+23 Children of Family Services or that provides services for the
4378+24 Department of Children of Family Services under a grant,
4379+25 contract, or purchase of service agreement; involving children
4380+26 or youth, employees, foster parents, or relative caregivers;
4381+
4382+
4383+
4384+
4385+
4386+ HB3641 Enrolled - 123 - LRB103 30390 HLH 56820 b
4387+
4388+
4389+HB3641 Enrolled- 124 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 124 - LRB103 30390 HLH 56820 b
4390+ HB3641 Enrolled - 124 - LRB103 30390 HLH 56820 b
4391+1 allegations of abuse or neglect or any other incident raising
4392+2 a concern about the well-being of a minor under the
4393+3 jurisdiction of the court under Article II of the Juvenile
4394+4 Court Act of 1987; incidents involving damage to property,
4395+5 allegations of criminal activity, misconduct, or other
4396+6 occurrences affecting the operations of the Department of
4397+7 Children of Family Services or a child care facility; any
4398+8 incident that could have media impact; and unusual incidents
4399+9 as defined by Department of Children and Family Services rule.
4400+10 (15) "Station adjustment" means the informal handling of
4401+11 an alleged offender by a juvenile police officer.
4402+12 (16) "Ward of the court" means a minor who is so adjudged
4403+13 under Section 2-22, 3-23, 4-20, or 5-705, after a finding of
4404+14 the requisite jurisdictional facts, and thus is subject to the
4405+15 dispositional powers of the court under this Act.
4406+16 (17) "Juvenile police officer" means a sworn police
4407+17 officer who has completed a Basic Recruit Training Course, has
4408+18 been assigned to the position of juvenile police officer by
4409+19 the officer's chief law enforcement officer and has completed
4410+20 the necessary juvenile officers training as prescribed by the
4411+21 Illinois Law Enforcement Training Standards Board, or in the
4412+22 case of a State police officer, juvenile officer training
4413+23 approved by the Director of the Illinois State Police.
4414+24 (18) "Secure child care facility" means any child care
4415+25 facility licensed by the Department of Children and Family
4416+26 Services to provide secure living arrangements for children
4417+
4418+
4419+
4420+
4421+
4422+ HB3641 Enrolled - 124 - LRB103 30390 HLH 56820 b
4423+
4424+
4425+HB3641 Enrolled- 125 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 125 - LRB103 30390 HLH 56820 b
4426+ HB3641 Enrolled - 125 - LRB103 30390 HLH 56820 b
4427+1 under 18 years of age who are subject to placement in
4428+2 facilities under the Children and Family Services Act and who
4429+3 are not subject to placement in facilities for whom standards
4430+4 are established by the Department of Corrections under Section
4431+5 3-15-2 of the Unified Code of Corrections. "Secure child care
4432+6 facility" also means a facility that is designed and operated
4433+7 to ensure that all entrances and exits from the facility, a
4434+8 building, or a distinct part of the building are under the
4435+9 exclusive control of the staff of the facility, whether or not
4436+10 the child has the freedom of movement within the perimeter of
4437+11 the facility, building, or distinct part of the building.
4438+12 (Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23;
4439+13 revised 9-20-23.)
4440+14 Section 60. The Crime Victims Compensation Act is amended
4441+15 by changing Sections 2 and 10.1 as follows:
4442+16 (740 ILCS 45/2)
4443+17 Sec. 2. Definitions. As used in this Act, unless the
4444+18 context otherwise requires:
4445+19 (a) "Applicant" means any of the following claiming
4446+20 compensation under this Act: a victim, a person who was a
4447+21 dependent of a deceased victim of a crime of violence for the
4448+22 person's support at the time of the death of that victim, a
4449+23 person who legally assumes the obligation or who voluntarily
4450+24 pays the medical or the funeral or burial expenses incurred as
4451+
4452+
4453+
4454+
4455+
4456+ HB3641 Enrolled - 125 - LRB103 30390 HLH 56820 b
4457+
4458+
4459+HB3641 Enrolled- 126 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 126 - LRB103 30390 HLH 56820 b
4460+ HB3641 Enrolled - 126 - LRB103 30390 HLH 56820 b
4461+1 a direct result of the crime, and any other person who applies
4462+2 for compensation under this Act or any person the Court of
4463+3 Claims or the Attorney General finds is entitled to
4464+4 compensation, including the guardian of a minor or of a person
4465+5 under legal disability. It includes any person who was a
4466+6 dependent of a deceased victim of a crime of violence for his
4467+7 or her support at the time of the death of that victim.
4468+8 The changes made to this subsection by Public Act 101-652
4469+9 apply to actions commenced or pending on or after January 1,
4470+10 2022.
4471+11 (b) "Court of Claims" means the Court of Claims created by
4472+12 the Court of Claims Act.
4473+13 (c) "Crime of violence" means and includes any offense
4474+14 defined in Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1,
4475+15 10-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
4476+16 11-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-23, 11-23.5,
4477+17 12-1, 12-2, 12-3, 12-3.1, 12-3.2, 12-3.3, 12-3.4, 12-4,
4478+18 12-4.1, 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13,
4479+19 12-14, 12-14.1, 12-15, 12-16, 12-20.5, 12-30, 20-1 or 20-1.1,
4480+20 or Section 12-3.05 except for subdivision (a)(4) or (g)(1), or
4481+21 subdivision (a)(4) of Section 11-14.4, of the Criminal Code of
4482+22 1961 or the Criminal Code of 2012, Sections 1(a) and 1(a-5) of
4483+23 the Cemetery Protection Act, Section 125 of the Stalking No
4484+24 Contact Order Act, Section 219 of the Civil No Contact Order
4485+25 Act, driving under the influence as defined in Section 11-501
4486+26 of the Illinois Vehicle Code, a violation of Section 11-401 of
4487+
4488+
4489+
4490+
4491+
4492+ HB3641 Enrolled - 126 - LRB103 30390 HLH 56820 b
4493+
4494+
4495+HB3641 Enrolled- 127 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 127 - LRB103 30390 HLH 56820 b
4496+ HB3641 Enrolled - 127 - LRB103 30390 HLH 56820 b
4497+1 the Illinois Vehicle Code, provided the victim was a
4498+2 pedestrian or was operating a vehicle moved solely by human
4499+3 power or a mobility device at the time of contact, and a
4500+4 violation of Section 11-204.1 of the Illinois Vehicle Code; so
4501+5 long as the offense did not occur during a civil riot,
4502+6 insurrection or rebellion. "Crime of violence" does not
4503+7 include any other offense or crash involving a motor vehicle
4504+8 except those vehicle offenses specifically provided for in
4505+9 this paragraph. "Crime of violence" does include all of the
4506+10 offenses specifically provided for in this paragraph that
4507+11 occur within this State but are subject to federal
4508+12 jurisdiction and crimes involving terrorism as defined in 18
4509+13 U.S.C. 2331.
4510+14 (d) "Victim" means (1) a person killed or injured in this
4511+15 State as a result of a crime of violence perpetrated or
4512+16 attempted against him or her, (2) the spouse, parent, or child
4513+17 of a person killed or injured in this State as a result of a
4514+18 crime of violence perpetrated or attempted against the person,
4515+19 or anyone living in the household of a person killed or injured
4516+20 in a relationship that is substantially similar to that of a
4517+21 parent, spouse, or child, (3) a person killed or injured in
4518+22 this State while attempting to assist a person against whom a
4519+23 crime of violence is being perpetrated or attempted, if that
4520+24 attempt of assistance would be expected of a reasonable person
4521+25 under the circumstances, (4) a person killed or injured in
4522+26 this State while assisting a law enforcement official
4523+
4524+
4525+
4526+
4527+
4528+ HB3641 Enrolled - 127 - LRB103 30390 HLH 56820 b
4529+
4530+
4531+HB3641 Enrolled- 128 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 128 - LRB103 30390 HLH 56820 b
4532+ HB3641 Enrolled - 128 - LRB103 30390 HLH 56820 b
4533+1 apprehend a person who has perpetrated a crime of violence or
4534+2 prevent the perpetration of any such crime if that assistance
4535+3 was in response to the express request of the law enforcement
4536+4 official, (5) a person who personally witnessed a violent
4537+5 crime, (5.05) a person who will be called as a witness by the
4538+6 prosecution to establish a necessary nexus between the
4539+7 offender and the violent crime, (5.1) solely for the purpose
4540+8 of compensating for pecuniary loss incurred for psychological
4541+9 treatment of a mental or emotional condition caused or
4542+10 aggravated by the crime, any other person under the age of 18
4543+11 who is the brother, sister, half brother, or half sister of a
4544+12 person killed or injured in this State as a result of a crime
4545+13 of violence, (6) an Illinois resident who is a victim of a
4546+14 "crime of violence" as defined in this Act except, if the crime
4547+15 occurred outside this State, the resident has the same rights
4548+16 under this Act as if the crime had occurred in this State upon
4549+17 a showing that the state, territory, country, or political
4550+18 subdivision of a country in which the crime occurred does not
4551+19 have a compensation of victims of crimes law for which that
4552+20 Illinois resident is eligible, (7) the parent, spouse, or
4553+21 child of a deceased person whose body is dismembered or whose
4554+22 remains are desecrated as the result of a crime of violence, or
4555+23 (8) (blank) solely for the purpose of compensating for
4556+24 pecuniary loss incurred for psychological treatment of a
4557+25 mental or emotional condition caused or aggravated by the
4558+26 crime, any parent, spouse, or child under the age of 18 of a
4559+
4560+
4561+
4562+
4563+
4564+ HB3641 Enrolled - 128 - LRB103 30390 HLH 56820 b
4565+
4566+
4567+HB3641 Enrolled- 129 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 129 - LRB103 30390 HLH 56820 b
4568+ HB3641 Enrolled - 129 - LRB103 30390 HLH 56820 b
4569+1 deceased person whose body is dismembered or whose remains are
4570+2 desecrated as the result of a crime of violence.
4571+3 (e) "Dependent" means a relative of a deceased victim who
4572+4 was wholly or partially dependent upon the victim's income at
4573+5 the time of his or her death and shall include the child of a
4574+6 victim born after his or her death.
4575+7 (f) "Relative" means a spouse, parent, grandparent,
4576+8 stepfather, stepmother, child, grandchild, brother,
4577+9 brother-in-law, sister, sister-in-law, half brother, half
4578+10 sister, spouse's parent, nephew, niece, uncle, aunt, or anyone
4579+11 living in the household of a person killed or injured in a
4580+12 relationship that is substantially similar to that of a
4581+13 parent, spouse, or child.
4582+14 (g) "Child" means a son or daughter and includes a
4583+15 stepchild, an adopted child or a child born out of wedlock.
4584+16 (h) "Pecuniary loss" means: ,
4585+17 (1) in the case of injury, appropriate medical
4586+18 expenses and hospital expenses including expenses of
4587+19 medical examinations, rehabilitation, medically required
4588+20 nursing care expenses, appropriate psychiatric care or
4589+21 psychiatric counseling expenses, appropriate expenses for
4590+22 care or counseling by a licensed clinical psychologist,
4591+23 licensed clinical social worker, licensed professional
4592+24 counselor, or licensed clinical professional counselor and
4593+25 expenses for treatment by Christian Science practitioners
4594+26 and nursing care appropriate thereto;
4595+
4596+
4597+
4598+
4599+
4600+ HB3641 Enrolled - 129 - LRB103 30390 HLH 56820 b
4601+
4602+
4603+HB3641 Enrolled- 130 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 130 - LRB103 30390 HLH 56820 b
4604+ HB3641 Enrolled - 130 - LRB103 30390 HLH 56820 b
4605+1 (2) transportation expenses to and from medical and
4606+2 counseling treatment facilities;
4607+3 (3) prosthetic appliances, eyeglasses, and hearing
4608+4 aids necessary or damaged as a result of the crime;
4609+5 (4) expenses incurred for the towing and storage of a
4610+6 victim's vehicle in connection with a crime of violence,
4611+7 to a maximum of $1,000;
4612+8 (5) costs associated with trafficking tattoo removal
4613+9 by a person authorized or licensed to perform the specific
4614+10 removal procedure;
4615+11 (6) replacement costs for clothing and bedding used as
4616+12 evidence;
4617+13 (7) costs associated with temporary lodging or
4618+14 relocation necessary as a result of the crime, including,
4619+15 but not limited to, the first 2 months' month's rent and
4620+16 security deposit of the dwelling that the claimant
4621+17 relocated to and other reasonable relocation expenses
4622+18 incurred as a result of the violent crime;
4623+19 (8) locks or windows necessary or damaged as a result
4624+20 of the crime;
4625+21 (9) the purchase, lease, or rental of equipment
4626+22 necessary to create usability of and accessibility to the
4627+23 victim's real and personal property, or the real and
4628+24 personal property which is used by the victim, necessary
4629+25 as a result of the crime; "real and personal property"
4630+26 includes, but is not limited to, vehicles, houses,
4631+
4632+
4633+
4634+
4635+
4636+ HB3641 Enrolled - 130 - LRB103 30390 HLH 56820 b
4637+
4638+
4639+HB3641 Enrolled- 131 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 131 - LRB103 30390 HLH 56820 b
4640+ HB3641 Enrolled - 131 - LRB103 30390 HLH 56820 b
4641+1 apartments, townhouses, or condominiums;
4642+2 (10) the costs of appropriate crime scene clean-up;
4643+3 (11) replacement services loss, to a maximum of $1,250
4644+4 per month, with this amount to be divided in proportion to
4645+5 the amount of the actual loss among those entitled to
4646+6 compensation;
4647+7 (12) dependents replacement services loss, to a
4648+8 maximum of $1,250 per month, with this amount to be
4649+9 divided in proportion to the amount of the actual loss
4650+10 among those entitled to compensation;
4651+11 (13) loss of tuition paid to attend grammar school or
4652+12 high school when the victim had been enrolled as a student
4653+13 prior to the injury, or college or graduate school when
4654+14 the victim had been enrolled as a day or night student
4655+15 prior to the injury when the victim becomes unable to
4656+16 continue attendance at school as a result of the crime of
4657+17 violence perpetrated against him or her;
4658+18 (14) loss of earnings, loss of future earnings because
4659+19 of disability resulting from the injury. Loss of future
4660+20 earnings shall be reduced by any income from substitute
4661+21 work actually performed by the victim or by income the
4662+22 victim would have earned in available appropriate
4663+23 substitute work the victim was capable of performing but
4664+24 unreasonably failed to undertake; loss of earnings and
4665+25 loss of future earnings shall be determined on the basis
4666+26 of the victim's average net monthly earnings for the 6
4667+
4668+
4669+
4670+
4671+
4672+ HB3641 Enrolled - 131 - LRB103 30390 HLH 56820 b
4673+
4674+
4675+HB3641 Enrolled- 132 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 132 - LRB103 30390 HLH 56820 b
4676+ HB3641 Enrolled - 132 - LRB103 30390 HLH 56820 b
4677+1 months immediately preceding the date of the injury or on
4678+2 $2,400 per month, whichever is less, or, in cases where
4679+3 the absences commenced more than 3 years from the date of
4680+4 the crime, on the basis of the net monthly earnings for the
4681+5 6 months immediately preceding the date of the first
4682+6 absence, not to exceed $2,400 per month; ,
4683+7 (15) loss of support of the dependents of the victim.
4684+8 Loss of support shall be determined on the basis of the
4685+9 victim's average net monthly earnings for the 6 months
4686+10 immediately preceding the date of the injury or on $2,400
4687+11 per month, whichever is less, or, in cases where the
4688+12 absences commenced more than 3 years from the date of the
4689+13 crime, on the basis of the net monthly earnings for the 6
4690+14 months immediately preceding the date of the first
4691+15 absence, not to exceed $2,400 per month. If a divorced or
4692+16 legally separated applicant is claiming loss of support
4693+17 for a minor child of the deceased, the amount of support
4694+18 for each child shall be based either on the amount of
4695+19 support pursuant to the judgment prior to the date of the
4696+20 deceased victim's injury or death, or, if the subject of
4697+21 pending litigation filed by or on behalf of the divorced
4698+22 or legally separated applicant prior to the injury or
4699+23 death, on the result of that litigation. Loss of support
4700+24 for minors shall be divided in proportion to the amount of
4701+25 the actual loss among those entitled to such compensation;
4702+26 (16) and, in addition, in the case of death, expenses
4703+
4704+
4705+
4706+
4707+
4708+ HB3641 Enrolled - 132 - LRB103 30390 HLH 56820 b
4709+
4710+
4711+HB3641 Enrolled- 133 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 133 - LRB103 30390 HLH 56820 b
4712+ HB3641 Enrolled - 133 - LRB103 30390 HLH 56820 b
4713+1 for reasonable funeral, burial, and travel and transport
4714+2 for survivors of homicide victims to secure bodies of
4715+3 deceased victims and to transport bodies for burial all of
4716+4 which may be awarded up to a maximum of $10,000 for each
4717+5 victim. Other individuals that have paid or become
4718+6 obligated to pay funeral or burial expenses for the
4719+7 deceased shall share a maximum award of $10,000, with the
4720+8 award divided in proportion to the amount of the actual
4721+9 loss among those entitled to compensation; and and loss of
4722+10 support of the dependents of the victim;
4723+11 (17) in the case of dismemberment or desecration of a
4724+12 body, expenses for reasonable funeral and burial, all of
4725+13 which may be awarded up to a maximum of $10,000 for each
4726+14 victim. Other individuals that have paid or become
4727+15 obligated to pay funeral or burial expenses for the
4728+16 deceased shall share a maximum award of $10,000, with the
4729+17 award divided in proportion to the amount of the actual
4730+18 loss among those entitled to compensation. Loss of future
4731+19 earnings shall be reduced by any income from substitute
4732+20 work actually performed by the victim or by income he or
4733+21 she would have earned in available appropriate substitute
4734+22 work he or she was capable of performing but unreasonably
4735+23 failed to undertake. Loss of earnings, loss of future
4736+24 earnings and loss of support shall be determined on the
4737+25 basis of the victim's average net monthly earnings for the
4738+26 6 months immediately preceding the date of the injury or
4739+
4740+
4741+
4742+
4743+
4744+ HB3641 Enrolled - 133 - LRB103 30390 HLH 56820 b
4745+
4746+
4747+HB3641 Enrolled- 134 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 134 - LRB103 30390 HLH 56820 b
4748+ HB3641 Enrolled - 134 - LRB103 30390 HLH 56820 b
4749+1 on $2,400 per month, whichever is less or, in cases where
4750+2 the absences commenced more than 3 years from the date of
4751+3 the crime, on the basis of the net monthly earnings for the
4752+4 6 months immediately preceding the date of the first
4753+5 absence, not to exceed $2,400 per month. If a divorced or
4754+6 legally separated applicant is claiming loss of support
4755+7 for a minor child of the deceased, the amount of support
4756+8 for each child shall be based either on the amount of
4757+9 support pursuant to the judgment prior to the date of the
4758+10 deceased victim's injury or death, or, if the subject of
4759+11 pending litigation filed by or on behalf of the divorced
4760+12 or legally separated applicant prior to the injury or
4761+13 death, on the result of that litigation. Real and personal
4762+14 property includes, but is not limited to, vehicles,
4763+15 houses, apartments, town houses, or condominiums.
4764+16 "Pecuniary loss" does not include pain and suffering or
4765+17 property loss or damage.
4766+18 The changes made to this subsection by Public Act 101-652
4767+19 apply to actions commenced or pending on or after January 1,
4768+20 2022.
4769+21 (i) "Replacement services loss" means expenses reasonably
4770+22 incurred in obtaining ordinary and necessary services in lieu
4771+23 of those the injured person would have performed, not for
4772+24 income, but for the benefit of himself or herself or his or her
4773+25 family, if he or she had not been injured.
4774+26 (j) "Dependents replacement services loss" means loss
4775+
4776+
4777+
4778+
4779+
4780+ HB3641 Enrolled - 134 - LRB103 30390 HLH 56820 b
4781+
4782+
4783+HB3641 Enrolled- 135 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 135 - LRB103 30390 HLH 56820 b
4784+ HB3641 Enrolled - 135 - LRB103 30390 HLH 56820 b
4785+1 reasonably incurred by dependents or private legal guardians
4786+2 of minor dependents after a victim's death in obtaining
4787+3 ordinary and necessary services in lieu of those the victim
4788+4 would have performed, not for income, but for their benefit,
4789+5 if he or she had not been fatally injured.
4790+6 (k) "Survivor" means immediate family including a parent,
4791+7 stepfather, stepmother, child, brother, sister, or spouse.
4792+8 (l) "Parent" means a natural parent, adopted parent,
4793+9 stepparent, or permanent legal guardian of another person.
4794+10 (m) "Trafficking tattoo" is a tattoo which is applied to a
4795+11 victim in connection with the commission of a violation of
4796+12 Section 10-9 of the Criminal Code of 2012.
4797+13 (Source: P.A. 102-27, eff. 6-25-21; 102-905, eff. 1-1-23;
4798+14 102-982, eff. 7-1-23; 103-154, eff. 6-30-23.)
4799+15 (740 ILCS 45/10.1) (from Ch. 70, par. 80.1)
4800+16 Sec. 10.1. Award Amount of compensation. The awarding of
4801+17 compensation and the amount of compensation to which an
4802+18 applicant and other persons are entitled shall be based on the
4803+19 following factors:
4804+20 (a) Each A victim may be compensated for his or her
4805+21 pecuniary loss up the maximum amount allowable.
4806+22 (b) Each A dependent may be compensated for loss of
4807+23 support, as provided in paragraph (15) of subsection (h)
4808+24 of Section 2.
4809+25 (c) Any person, even though not dependent upon the
4810+
4811+
4812+
4813+
4814+
4815+ HB3641 Enrolled - 135 - LRB103 30390 HLH 56820 b
4816+
4817+
4818+HB3641 Enrolled- 136 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 136 - LRB103 30390 HLH 56820 b
4819+ HB3641 Enrolled - 136 - LRB103 30390 HLH 56820 b
4820+1 victim for his or her support, may be compensated for
4821+2 reasonable expenses of the victim to the extent to which
4822+3 he or she has paid or become obligated to pay such expenses
4823+4 and only after compensation for reasonable funeral,
4824+5 medical and hospital expenses of the victim have been
4825+6 awarded may compensation be made for reasonable expenses
4826+7 of the victim incurred for psychological treatment of a
4827+8 mental or emotional condition caused or aggravated by the
4828+9 crime. Persons that have paid or become obligated to pay
4829+10 expenses for a victim shall share the maximum award with
4830+11 the amount divided in proportion to the amount of the
4831+12 actual loss among those entitled to compensation.
4832+13 (d) An award shall be reduced or denied according to
4833+14 the extent to which the victim's injury or death was
4834+15 caused by provocation or incitement by the victim or the
4835+16 victim assisting, attempting, or committing a criminal
4836+17 act. A denial or reduction shall not automatically bar the
4837+18 survivors of homicide victims from receiving compensation
4838+19 for counseling, crime scene cleanup, relocation, funeral
4839+20 or burial costs, and loss of support if the survivor's
4840+21 actions have not initiated, provoked, or aggravated the
4841+22 suspect into initiating the qualifying crime.
4842+23 (e) An award shall be reduced by the amount of
4843+24 benefits, payments or awards payable under those sources
4844+25 which are required to be listed under item (7) of Section
4845+26 7.1(a) and any other sources except annuities, pension
4846+
4847+
4848+
4849+
4850+
4851+ HB3641 Enrolled - 136 - LRB103 30390 HLH 56820 b
4852+
4853+
4854+HB3641 Enrolled- 137 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 137 - LRB103 30390 HLH 56820 b
4855+ HB3641 Enrolled - 137 - LRB103 30390 HLH 56820 b
4856+1 plans, Federal Social Security payments payable to
4857+2 dependents of the victim and the net proceeds of the first
4858+3 $25,000 of life insurance that would inure to the benefit
4859+4 of the applicant, which the applicant or any other person
4860+5 dependent for the support of a deceased victim, as the
4861+6 case may be, has received or to which he or she is entitled
4862+7 as a result of injury to or death of the victim.
4863+8 (f) A final award shall not exceed $10,000 for a crime
4864+9 committed prior to September 22, 1979, $15,000 for a crime
4865+10 committed on or after September 22, 1979 and prior to
4866+11 January 1, 1986, $25,000 for a crime committed on or after
4867+12 January 1, 1986 and prior to August 7, 1998, $27,000 for a
4868+13 crime committed on or after August 7, 1998 and prior to
4869+14 August 7, 2022, or $45,000 per victim for a crime
4870+15 committed on or after August 7, 2022. For any applicant
4871+16 who is not a victim, if If the total pecuniary loss is
4872+17 greater than the maximum amount allowed, the award shall
4873+18 be divided in proportion to the amount of actual loss
4874+19 among those entitled to compensation who are not victims.
4875+20 (g) Compensation under this Act is a secondary source
4876+21 of compensation and the applicant must show that he or she
4877+22 has exhausted the benefits reasonably available under the
4878+23 Criminal Victims' Escrow Account Act or any governmental
4879+24 or medical or health insurance programs, including, but
4880+25 not limited to, Workers' Compensation, the Federal
4881+26 Medicare program, the State Public Aid program, Social
4882+
4883+
4884+
4885+
4886+
4887+ HB3641 Enrolled - 137 - LRB103 30390 HLH 56820 b
4888+
4889+
4890+HB3641 Enrolled- 138 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 138 - LRB103 30390 HLH 56820 b
4891+ HB3641 Enrolled - 138 - LRB103 30390 HLH 56820 b
4892+1 Security Administration burial benefits, and Veterans
4893+2 Administration burial benefits, and life, health,
4894+3 accident, full vehicle coverage (including towing
4895+4 insurance, if available), or liability insurance.
4896+5 (Source: P.A. 102-27, eff. 1-1-22; 102-905, eff. 1-1-23.)
4897+6 Section 65. The Day and Temporary Labor Services Act is
4898+7 amended by changing Section 42 as follows:
4899+8 (820 ILCS 175/42)
4900+9 Sec. 42. Equal pay for equal work. A day or temporary
4901+10 laborer who is assigned to work at a third party client for
4902+11 more than 90 calendar days shall be paid not less than the rate
4903+12 of pay and equivalent benefits as the lowest paid directly
4904+13 hired employee of the third party client with the same level of
4905+14 seniority at the company and performing the same or
4906+15 substantially similar work on jobs the performance of which
4907+16 requires substantially similar skill, effort, and
4908+17 responsibility, and that are performed under similar working
4909+18 conditions. If there is not a directly hired comparative
4910+19 employee of the third party client, the day or temporary
4911+20 laborer shall be paid not less than the rate of pay and
4912+21 equivalent benefits of the lowest paid direct hired employee
4913+22 of the company with the closest level of seniority at the
4914+23 company. A day and temporary labor service agency may pay the
4915+24 hourly cash equivalent of the actual cost benefits in lieu of
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4921+ HB3641 Enrolled - 138 - LRB103 30390 HLH 56820 b
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4924+HB3641 Enrolled- 139 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 139 - LRB103 30390 HLH 56820 b
4925+ HB3641 Enrolled - 139 - LRB103 30390 HLH 56820 b
4926+1 benefits required under this Section. Upon request, a third
4927+2 party client to which a day or temporary laborer has been
4928+3 assigned for more than 90 calendar days shall be obligated to
4929+4 timely provide the day and temporary labor service agency with
4930+5 all necessary information related to job duties, pay, and
4931+6 benefits of directly hired employees necessary for the day and
4932+7 temporary labor service agency to comply with this Section.
4933+8 The failure by a third party client to provide any of the
4934+9 information required under this Section shall constitute a
4935+10 notice violation by the third party client under Section 95.
4936+11 For purposes of this Section, the day and temporary labor
4937+12 service agency shall be considered a person aggrieved as
4938+13 described in Section 95. For the purposes of this Section, the
4939+14 calculation of the 90 calendar days may not begin until April
4940+15 1, 2024.
4941+16 (Source: P.A. 103-437, eff. 8-4-23.)
4942+17 Section 95. No acceleration or delay. Where this Act makes
4943+18 changes in a statute that is represented in this Act by text
4944+19 that is not yet or no longer in effect (for example, a Section
4945+20 represented by multiple versions), the use of that text does
4946+21 not accelerate or delay the taking effect of (i) the changes
4947+22 made by this Act or (ii) provisions derived from any other
4948+23 Public Act.
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