33 | | - | (Source: P.A. 103-8, eff. 1-1-24.) |
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34 | | - | Section 10. The Children and Family Services Act is |
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35 | | - | amended by changing Section 5.46 as follows: |
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36 | | - | (20 ILCS 505/5.46) |
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37 | | - | Sec. 5.46. Application for Social Security benefits, |
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38 | | - | Supplemental Security Income, Veterans benefits, and Railroad |
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39 | | - | Retirement benefits. |
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40 | | - | (a) Definitions. As used in this Section: |
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41 | | - | "Achieving a Better Life Experience Account" or "ABLE |
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42 | | - | account" means an account established for the purpose of |
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43 | | - | financing certain qualified expenses of eligible individuals |
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44 | | - | as specifically provided for in Section 529A of the Internal |
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45 | | - | Revenue Code and Section 16.6 of the State Treasurer Act. |
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46 | | - | "Benefits" means Social Security benefits, Supplemental |
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47 | | - | Security Income, Veterans benefits, and Railroad Retirement |
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48 | | - | benefits. |
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49 | | - | "DCFS Guardianship Administrator" means a Department |
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50 | | - | representative appointed as guardian of the person or legal |
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51 | | - | custodian of the minor youth in care. |
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52 | | - | "Youth's attorney and guardian ad litem" means the person |
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53 | | - | appointed as the youth's attorney or guardian ad litem in |
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54 | | - | accordance with the Juvenile Court Act of 1987 in the |
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55 | | - | proceeding in which the Department is appointed as the youth's |
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56 | | - | guardian or custodian. |
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57 | | - | |
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58 | | - | |
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59 | | - | (b) Application for benefits. |
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60 | | - | (1) Upon receiving temporary custody or guardianship |
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61 | | - | of a youth in care, the Department shall assess the youth |
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62 | | - | to determine whether the youth may be eligible for |
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63 | | - | benefits. If, after the assessment, the Department |
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64 | | - | determines that the youth may be eligible for benefits, |
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65 | | - | the Department shall ensure that an application is filed |
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66 | | - | on behalf of the youth. The Department shall prescribe by |
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67 | | - | rule how it will review cases of youth in care at regular |
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68 | | - | intervals to determine whether the youth may have become |
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69 | | - | eligible for benefits after the initial assessment. The |
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70 | | - | Department shall make reasonable efforts to encourage |
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71 | | - | youth in care over the age of 18 who are likely eligible |
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72 | | - | for benefits to cooperate with the application process and |
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73 | | - | to assist youth with the application process. |
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74 | | - | (2) When applying for benefits under this Section for |
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75 | | - | a youth in care the Department shall identify a |
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76 | | - | representative payee in accordance with the requirements |
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77 | | - | of 20 CFR 404.2021 and 416.621. If the Department is |
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78 | | - | seeking to be appointed as the youth's representative |
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79 | | - | payee, the Department must consider input, if provided, |
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80 | | - | from the youth's attorney and guardian ad litem regarding |
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81 | | - | whether another representative payee, consistent with the |
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82 | | - | requirements of 20 CFR 404.2021 and 416.621, is available. |
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83 | | - | If the Department serves as the representative payee for a |
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84 | | - | youth over the age of 18, the Department shall request a |
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85 | | - | |
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86 | | - | |
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87 | | - | court order, as described in subparagraph (C) of paragraph |
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88 | | - | (1) of subsection (d) and in subparagraph (C) of paragraph |
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89 | | - | (2) of subsection (d). |
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90 | | - | (c) Notifications. The Department shall immediately notify |
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91 | | - | a youth over the age of 16, the youth's attorney and guardian |
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92 | | - | ad litem, and the youth's parent or legal guardian or another |
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93 | | - | responsible adult of: |
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94 | | - | (1) any application for or any application to become |
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95 | | - | representative payee for benefits on behalf of a youth in |
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96 | | - | care; |
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97 | | - | (2) beginning January 1, 2025, any communications from |
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98 | | - | the Social Security Administration, the U.S. Department of |
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99 | | - | Veterans Affairs, or the Railroad Retirement Board |
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100 | | - | pertaining to the acceptance or denial of benefits or the |
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101 | | - | selection of a representative payee; and |
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102 | | - | (3) beginning January 1, 2025, any appeal or other |
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103 | | - | action requested by the Department regarding an |
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104 | | - | application for benefits. |
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105 | | - | (d) Use of benefits. Consistent with federal law, when the |
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106 | | - | Department serves as the representative payee for a youth |
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107 | | - | receiving benefits and receives benefits on the youth's |
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108 | | - | behalf, the Department shall: |
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109 | | - | (1) Beginning January 1, 2024 2023, ensure that when |
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110 | | - | the youth attains the age of 14 years and until the |
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111 | | - | Department no longer serves as the representative payee, a |
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112 | | - | minimum percentage of the youth's Supplemental Security |
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113 | | - | |
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114 | | - | |
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115 | | - | Income benefits are conserved in accordance with paragraph |
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116 | | - | (4) as follows: |
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117 | | - | (A) From the age of 14 through age 15, at least |
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118 | | - | 40%. |
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119 | | - | (B) From the age of 16 through age 17, at least |
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120 | | - | 80%. |
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121 | | - | (C) From the age of 18 and older through 20, 100%, |
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122 | | - | when a court order has been entered expressly |
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123 | | - | authorizing allowing the DCFS Guardianship |
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124 | | - | Administrator to serve as the designated |
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125 | | - | representative to establish an ABLE account on behalf |
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126 | | - | of a youth Department to have the authority to |
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127 | | - | establish and serve as an authorized agent of the |
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128 | | - | youth over the age of 18 with respect to an account |
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129 | | - | established in accordance with paragraph (4). |
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130 | | - | (2) Beginning January 1, 2024, ensure that when the |
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131 | | - | youth attains the age of 14 years and until the Department |
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132 | | - | no longer serves as the representative payee a minimum |
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133 | | - | percentage of the youth's Social Security benefits, |
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134 | | - | Veterans benefits, or Railroad Retirement benefits are |
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135 | | - | conserved in accordance with paragraph (3) or (4), as |
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136 | | - | applicable, as follows: |
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137 | | - | (A) From the age of 14 through age 15, at least |
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138 | | - | 40%. |
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139 | | - | (B) From the age of 16 through age 17, at least |
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140 | | - | 80%. |
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141 | | - | |
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142 | | - | |
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143 | | - | (C) From the age of 18 through 20, 100%. If |
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144 | | - | establishment of an ABLE account is necessary to |
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145 | | - | conserve benefits for youth age 18 and older, then |
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146 | | - | benefits shall be conserved in accordance with |
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147 | | - | paragraph (4) when a court order has been entered |
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148 | | - | expressly authorizing the DCFS Guardianship |
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149 | | - | Administrator to serve as the designated |
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150 | | - | representative to establish an ABLE account on behalf |
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151 | | - | of a youth , when a court order has been entered |
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152 | | - | expressly allowing the Department to have the |
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153 | | - | authority to establish and serve as an authorized |
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154 | | - | agent of the youth over the age of 18 with respect to |
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155 | | - | an account established in accordance with paragraph |
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156 | | - | (4). |
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157 | | - | (3) Exercise discretion in accordance with federal law |
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158 | | - | and in the best interests of the youth when making |
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159 | | - | decisions to use or conserve the youth's benefits that are |
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160 | | - | less than or not subject to asset or resource limits under |
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161 | | - | federal law, including using the benefits to address the |
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162 | | - | youth's special needs and conserving the benefits for the |
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163 | | - | youth's reasonably foreseeable future needs. |
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164 | | - | (4) Appropriately monitor any federal asset or |
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165 | | - | resource limits for the Supplemental Security Income |
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166 | | - | benefits and ensure that the youth's best interest is |
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167 | | - | served by using or conserving the benefits in a way that |
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168 | | - | avoids violating any federal asset or resource limits that |
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169 | | - | |
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170 | | - | |
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171 | | - | would affect the youth's eligibility to receive the |
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172 | | - | benefits, including, but not limited to: |
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173 | | - | (A) applying to the Social Security Administration |
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174 | | - | to establish a Plan to Achieve Self-Support (PASS) |
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175 | | - | Account for the youth under the Social Security Act |
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176 | | - | and determining whether it is in the best interest of |
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177 | | - | the youth to conserve all or parts of the benefits in |
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178 | | - | the PASS account; |
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179 | | - | (B) establishing a 529 plan for the youth and |
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180 | | - | conserving the youth's benefits in that account in a |
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181 | | - | manner that appropriately avoids any federal asset or |
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182 | | - | resource limits; |
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183 | | - | (C) establishing an Individual Development Account |
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184 | | - | for the youth and conserving the youth's benefits in |
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185 | | - | that account in a manner that appropriately avoids any |
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186 | | - | federal asset or resource limits; |
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187 | | - | (A) (D) establishing an ABLE account authorized by |
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188 | | - | Section 529A of the Internal Revenue Code of 1986, for |
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189 | | - | the youth and conserving the youth's benefits in that |
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190 | | - | account in a manner that appropriately avoids any |
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191 | | - | federal asset or resource limits; |
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192 | | - | (E) establishing a Social Security Plan to Achieve |
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193 | | - | Self-Support account for the youth and conserving the |
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194 | | - | youth's benefits in a manner that appropriately avoids |
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195 | | - | any federal asset or resource limits; |
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196 | | - | (F) establishing a special needs trust for the |
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197 | | - | |
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198 | | - | |
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199 | | - | youth and conserving the youth's benefits in the trust |
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200 | | - | in a manner that is consistent with federal |
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201 | | - | requirements for special needs trusts and that |
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202 | | - | appropriately avoids any federal asset or resource |
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203 | | - | limits; |
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204 | | - | (B) (G) if the Department determines that using |
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205 | | - | the benefits for services for current special needs |
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206 | | - | not already provided by the Department is in the best |
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207 | | - | interest of the youth, using the benefits for those |
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208 | | - | services; |
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209 | | - | (C) (H) if federal law requires certain back |
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210 | | - | payments of benefits to be placed in a dedicated |
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211 | | - | account, complying with the requirements for dedicated |
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212 | | - | accounts under 20 CFR 416.640(e); and |
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213 | | - | (D) (I) applying any other exclusions from federal |
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214 | | - | asset or resource limits available under federal law |
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215 | | - | and using or conserving the youth's benefits in a |
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216 | | - | manner that appropriately avoids any federal asset or |
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217 | | - | resource limits. |
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218 | | - | (e) By July 1, 2024, the Department shall provide a report |
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219 | | - | to the General Assembly regarding youth in care who receive |
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220 | | - | benefits who are not subject to this Act. The report shall |
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221 | | - | discuss a goal of expanding conservation of children's |
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222 | | - | benefits to all benefits of all children of any age for whom |
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223 | | - | the Department serves as representative payee. The report |
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224 | | - | shall include a description of any identified obstacles, steps |
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225 | | - | |
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226 | | - | |
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227 | | - | to be taken to address the obstacles, and a description of any |
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228 | | - | need for statutory, rule, or procedural changes. |
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229 | | - | (f) (1) Accounting. |
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230 | | - | (A) Beginning on the effective date of this amendatory |
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231 | | - | Act of the 103rd General Assembly through December 31, |
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232 | | - | 2024, upon request of the youth's attorney or guardian ad |
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233 | | - | litem, the The Department shall provide an annual |
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234 | | - | accounting to the youth's attorney and guardian ad litem |
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235 | | - | of how the youth's benefits have been used and conserved. |
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236 | | - | (B) Beginning January 1, 2025 and every year |
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237 | | - | thereafter, an annual accounting of how the youth's |
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238 | | - | benefits have been used and conserved shall be provided |
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239 | | - | automatically to the youth's attorney and guardian ad |
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240 | | - | litem. |
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241 | | - | (C) In addition, within 10 business days of a request |
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242 | | - | from a youth or the youth's attorney and guardian ad |
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243 | | - | litem, the Department shall provide an accounting to the |
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244 | | - | youth of how the youth's benefits have been used and |
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245 | | - | conserved. |
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246 | | - | (2) The accounting shall include: |
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247 | | - | (A) (1) The amount of benefits received on the |
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248 | | - | youth's behalf since the most recent accounting and |
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249 | | - | the date the benefits were received. |
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250 | | - | (B) (2) Information regarding the youth's benefits |
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251 | | - | and resources, including the youth's benefits, |
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252 | | - | insurance, cash assets, trust accounts, earnings, and |
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253 | | - | |
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254 | | - | |
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255 | | - | other resources. |
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256 | | - | (C) (3) An accounting of the disbursement of |
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257 | | - | benefit funds, including the date, amount, |
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258 | | - | identification of payee, and purpose. |
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259 | | - | (D) (4) Information regarding each request by the |
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260 | | - | youth, the youth's attorney and guardian ad litem, or |
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261 | | - | the youth's caregiver for disbursement of funds and a |
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262 | | - | statement regarding the reason for not granting the |
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263 | | - | request if the request was denied. |
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264 | | - | When the Department's guardianship of the youth is being |
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265 | | - | terminated, prior to or upon the termination of guardianship, |
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266 | | - | the Department shall provide (i) a final accounting to the |
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267 | | - | Social Security Administration, to the youth's attorney and |
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268 | | - | guardian ad litem, and to either the person or persons who will |
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269 | | - | assume guardianship of the youth or who is in the process of |
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270 | | - | adopting the youth, if the youth is under 18, or to the youth, |
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271 | | - | if the youth is over 18 and (ii) information to the parent, |
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272 | | - | guardian, or youth regarding how to apply to become the |
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273 | | - | designated representative for the youth's ABLE account payee. |
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274 | | - | The Department shall adopt rules to ensure that the |
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275 | | - | representative payee transitions occur in a timely and |
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276 | | - | appropriate manner. |
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277 | | - | (g) Education Financial literacy. The Department shall |
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278 | | - | provide the youth who have funds conserved under paragraphs |
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279 | | - | (1) and (2) of subsection (d) with education with financial |
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280 | | - | literacy training and support, including specific information |
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281 | | - | |
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282 | | - | |
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283 | | - | regarding the existence, availability, and use of funds |
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284 | | - | conserved for the youth in accordance with paragraphs (1) and |
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285 | | - | (2) of subsection (d) this subsection, beginning by age 14 in a |
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286 | | - | developmentally appropriate manner. The education literacy |
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287 | | - | program and support services shall be developed in |
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288 | | - | consultation with input from the Department's Statewide Youth |
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289 | | - | Advisory Board. Education and informational materials related |
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290 | | - | to ABLE accounts shall be developed in consultation with and |
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291 | | - | approved by the State Treasurer. |
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292 | | - | (h) Adoption of rules. The Department shall adopt rules to |
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293 | | - | implement the provisions of this Section by January 1, 2024 |
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294 | | - | 2023. |
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295 | | - | (i) Reporting. No later than February 28, 2023, the |
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296 | | - | Department shall file a report with the General Assembly |
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297 | | - | providing the following information for State Fiscal Years |
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298 | | - | 2019, 2020, 2021, and 2022 and annually beginning February 28, |
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299 | | - | 2023, for the preceding fiscal year: |
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300 | | - | (1) The number of youth entering care. |
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301 | | - | (2) The number of youth entering care receiving each |
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302 | | - | of the following types of benefits: Social Security |
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303 | | - | benefits, Supplemental Security Income, Veterans benefits, |
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304 | | - | Railroad Retirement benefits. |
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305 | | - | (3) The number of youth entering care for whom the |
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306 | | - | Department filed an application for each of the following |
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307 | | - | types of benefits: Social Security benefits, Supplemental |
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308 | | - | Security Income, Veterans benefits, Railroad Retirement |
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309 | | - | |
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310 | | - | |
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311 | | - | benefits. |
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312 | | - | (4) The number of youth entering care who were awarded |
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313 | | - | each of the following types of benefits based on an |
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314 | | - | application filed by the Department: Social Security |
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315 | | - | benefits, Supplemental Security Income, Veterans benefits, |
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316 | | - | Railroad Retirement benefits. |
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317 | | - | (j) Annually beginning December 31, 2023, the Department |
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318 | | - | shall file a report with the General Assembly with the |
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319 | | - | following information regarding the preceding fiscal year: |
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320 | | - | (1) the number of conserved accounts established and |
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321 | | - | maintained for youth in care; |
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322 | | - | (2) the average amount conserved by age group; and |
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323 | | - | (3) the total amount conserved by age group. |
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324 | | - | (Source: P.A. 102-1014, eff. 5-27-22; 103-154, eff. 6-30-23.) |
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325 | | - | Section 15. The Illinois State Police Law of the Civil |
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326 | | - | Administrative Code of Illinois is amended by changing Section |
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327 | | - | 2605-10 as follows: |
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328 | | - | (20 ILCS 2605/2605-10) (was 20 ILCS 2605/55a in part) |
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329 | | - | (Text of Section before amendment by P.A. 103-34) |
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330 | | - | Sec. 2605-10. Powers and duties, generally. |
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331 | | - | (a) The Illinois State Police shall exercise the rights, |
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332 | | - | powers, and duties that have been vested in the Illinois State |
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333 | | - | Police by the following: |
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334 | | - | The Illinois State Police Act. |
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335 | | - | |
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336 | | - | |
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337 | | - | The Illinois State Police Radio Act. |
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338 | | - | The Criminal Identification Act. |
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339 | | - | The Illinois Vehicle Code. |
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340 | | - | The Firearm Owners Identification Card Act. |
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341 | | - | The Firearm Concealed Carry Act. |
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342 | | - | The Gun Dealer Licensing Act. |
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343 | | - | The Intergovernmental Missing Child Recovery Act of |
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344 | | - | 1984. |
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345 | | - | The Intergovernmental Drug Laws Enforcement Act. |
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346 | | - | The Narcotic Control Division Abolition Act. |
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347 | | - | (b) The Illinois State Police shall have the powers and |
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348 | | - | duties set forth in the following Sections. |
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349 | | - | (Source: P.A. 102-538, eff. 8-20-21.) |
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350 | | - | (Text of Section after amendment by P.A. 103-34) |
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351 | | - | Sec. 2605-10. Powers and duties, generally. |
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352 | | - | (a) The Illinois State Police shall exercise the rights, |
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353 | | - | powers, and duties that have been vested in the Illinois State |
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354 | | - | Police by the following: |
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355 | | - | The Illinois State Police Act. |
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356 | | - | The Illinois State Police Radio Act. |
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357 | | - | The Criminal Identification Act. |
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358 | | - | The Illinois Vehicle Code. |
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359 | | - | The Firearm Owners Identification Card Act. |
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360 | | - | The Firearm Concealed Carry Act. |
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361 | | - | The Firearm Dealer License Certification Act. |
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362 | | - | |
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363 | | - | |
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364 | | - | The Intergovernmental Missing Child Recovery Act of |
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365 | | - | 1984. |
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366 | | - | The Intergovernmental Drug Laws Enforcement Act. |
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367 | | - | The Narcotic Control Division Abolition Act. |
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368 | | - | The Illinois Uniform Conviction Information Act. |
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369 | | - | The Murderer and Violent Offender Against Youth |
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370 | | - | Registration Act. |
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371 | | - | (b) The Illinois State Police shall have the powers and |
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372 | | - | duties set forth in the following Sections. |
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373 | | - | (c) The Illinois State Police shall exercise the rights, |
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374 | | - | powers, and duties vested in the Illinois State Police to |
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375 | | - | implement the following protective service functions for State |
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376 | | - | facilities, State officials, and State employees serving in |
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377 | | - | their official capacity: |
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378 | | - | (1) Utilize subject matter expertise and law |
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379 | | - | enforcement authority to strengthen the protection of |
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380 | | - | State government facilities, State employees, State |
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381 | | - | officials, and State critical infrastructure. |
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382 | | - | (2) Coordinate State, federal, and local law |
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383 | | - | enforcement activities involving the protection of State |
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384 | | - | facilities, officials, and employees. |
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385 | | - | (3) Conduct investigations of criminal threats to |
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386 | | - | State facilities, State critical infrastructure, State |
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387 | | - | officials, and State employees. |
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388 | | - | (4) Train State officials and employees in personal |
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389 | | - | protection, crime prevention, facility occupant emergency |
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390 | | - | |
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391 | | - | |
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392 | | - | planning, and incident management. |
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393 | | - | (5) Establish standard protocols for prevention and |
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394 | | - | response to criminal threats to State facilities, State |
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395 | | - | officials, State employees, and State critical |
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396 | | - | infrastructure, and standard protocols for reporting of |
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397 | | - | suspicious activities. |
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398 | | - | (6) Establish minimum operational standards, |
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399 | | - | qualifications, training, and compliance requirements for |
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400 | | - | State employees and contractors engaged in the protection |
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401 | | - | of State facilities and employees. |
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402 | | - | (7) At the request of departments or agencies of State |
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403 | | - | government, conduct security assessments, including, but |
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404 | | - | not limited to, examination of alarm systems, cameras |
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405 | | - | systems, access points, personnel readiness, and emergency |
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406 | | - | protocols based on risk and need. |
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407 | | - | (8) Oversee the planning and implementation of |
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408 | | - | security and law enforcement activities necessary for the |
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409 | | - | protection of major, multi-jurisdictional events |
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410 | | - | implicating potential criminal threats to State officials, |
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411 | | - | State employees, or State-owned, State-leased, or |
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412 | | - | State-operated critical infrastructure or facilities. |
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413 | | - | (9) Oversee and direct the planning and implementation |
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414 | | - | of security and law enforcement activities by the |
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415 | | - | departments and agencies of the State necessary for the |
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416 | | - | protection of State employees, State officials, and |
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417 | | - | State-owned, State-leased, or State-operated critical |
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418 | | - | |
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419 | | - | |
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420 | | - | infrastructure or facilities from criminal activity. |
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421 | | - | (10) Advise the Governor and Homeland Security Advisor |
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422 | | - | on any matters necessary for the effective protection of |
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423 | | - | State facilities, critical infrastructure, officials, and |
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424 | | - | employees from criminal threats. |
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425 | | - | (11) Utilize intergovernmental agreements and |
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426 | | - | administrative rules as needed for the effective, |
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427 | | - | efficient implementation of law enforcement and support |
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428 | | - | activities necessary for the protection of State |
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429 | | - | facilities, State infrastructure, State employees, and, |
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430 | | - | upon the express written consent of State constitutional |
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431 | | - | officials, State constitutional officials, and State |
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432 | | - | employees. |
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433 | | - | (Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24; |
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434 | | - | revised 9-25-23.) |
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435 | | - | Section 20. The Alternative Protein Innovation Task Force |
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436 | | - | Act is amended by changing Sections 15 and 20 as follows: |
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437 | | - | (20 ILCS 4128/15) |
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438 | | - | Sec. 15. Membership; appointments; meeting. |
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439 | | - | (a) The Alternative Protein Innovation Task Force shall |
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440 | | - | consist of the following members: |
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441 | | - | (1) one member of the Senate, who shall be appointed |
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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 |
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3826 | | - | hourly cash equivalent of the actual cost benefits in lieu of |
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3827 | | - | |
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3828 | | - | |
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3829 | | - | benefits required under this Section. Upon request, a third |
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3830 | | - | party client to which a day or temporary laborer has been |
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3831 | | - | assigned for more than 90 calendar days shall be obligated to |
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3832 | | - | timely provide the day and temporary labor service agency with |
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3833 | | - | all necessary information related to job duties, pay, and |
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3834 | | - | benefits of directly hired employees necessary for the day and |
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3835 | | - | temporary labor service agency to comply with this Section. |
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3836 | | - | The failure by a third party client to provide any of the |
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3837 | | - | information required under this Section shall constitute a |
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3838 | | - | notice violation by the third party client under Section 95. |
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3839 | | - | For purposes of this Section, the day and temporary labor |
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3840 | | - | service agency shall be considered a person aggrieved as |
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3841 | | - | described in Section 95. For the purposes of this Section, the |
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3842 | | - | calculation of the 90 calendar days may not begin until April |
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3843 | | - | 1, 2024. |
---|
3844 | | - | (Source: P.A. 103-437, eff. 8-4-23.) |
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3845 | | - | Section 95. No acceleration or delay. Where this Act makes |
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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. |
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| 33 | + | HB3641 Enrolled - 2 - LRB103 30390 HLH 56820 b |
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| 34 | + | 1 (Source: P.A. 103-8, eff. 1-1-24.) |
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| 35 | + | 2 Section 10. The Children and Family Services Act is |
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| 36 | + | 3 amended by changing Section 5.46 as follows: |
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| 37 | + | 4 (20 ILCS 505/5.46) |
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| 38 | + | 5 Sec. 5.46. Application for Social Security benefits, |
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| 39 | + | 6 Supplemental Security Income, Veterans benefits, and Railroad |
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| 40 | + | 7 Retirement benefits. |
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| 41 | + | 8 (a) Definitions. As used in this Section: |
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| 42 | + | 9 "Achieving a Better Life Experience Account" or "ABLE |
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| 43 | + | 10 account" means an account established for the purpose of |
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| 44 | + | 11 financing certain qualified expenses of eligible individuals |
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| 45 | + | 12 as specifically provided for in Section 529A of the Internal |
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| 46 | + | 13 Revenue Code and Section 16.6 of the State Treasurer Act. |
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| 47 | + | 14 "Benefits" means Social Security benefits, Supplemental |
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| 48 | + | 15 Security Income, Veterans benefits, and Railroad Retirement |
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| 49 | + | 16 benefits. |
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| 50 | + | 17 "DCFS Guardianship Administrator" means a Department |
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| 51 | + | 18 representative appointed as guardian of the person or legal |
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| 52 | + | 19 custodian of the minor youth in care. |
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| 53 | + | 20 "Youth's attorney and guardian ad litem" means the person |
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| 54 | + | 21 appointed as the youth's attorney or guardian ad litem in |
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| 55 | + | 22 accordance with the Juvenile Court Act of 1987 in the |
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| 56 | + | 23 proceeding in which the Department is appointed as the youth's |
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| 57 | + | 24 guardian or custodian. |
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| 58 | + | |
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| 59 | + | |
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| 60 | + | |
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| 61 | + | |
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| 62 | + | |
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| 64 | + | |
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| 65 | + | |
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| 67 | + | HB3641 Enrolled - 3 - LRB103 30390 HLH 56820 b |
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| 68 | + | 1 (b) Application for benefits. |
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| 69 | + | 2 (1) Upon receiving temporary custody or guardianship |
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| 70 | + | 3 of a youth in care, the Department shall assess the youth |
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| 71 | + | 4 to determine whether the youth may be eligible for |
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| 72 | + | 5 benefits. If, after the assessment, the Department |
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| 73 | + | 6 determines that the youth may be eligible for benefits, |
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| 74 | + | 7 the Department shall ensure that an application is filed |
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| 75 | + | 8 on behalf of the youth. The Department shall prescribe by |
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| 76 | + | 9 rule how it will review cases of youth in care at regular |
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| 77 | + | 10 intervals to determine whether the youth may have become |
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| 78 | + | 11 eligible for benefits after the initial assessment. The |
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| 79 | + | 12 Department shall make reasonable efforts to encourage |
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| 80 | + | 13 youth in care over the age of 18 who are likely eligible |
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| 81 | + | 14 for benefits to cooperate with the application process and |
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| 82 | + | 15 to assist youth with the application process. |
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| 83 | + | 16 (2) When applying for benefits under this Section for |
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| 84 | + | 17 a youth in care the Department shall identify a |
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| 85 | + | 18 representative payee in accordance with the requirements |
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| 86 | + | 19 of 20 CFR 404.2021 and 416.621. If the Department is |
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| 87 | + | 20 seeking to be appointed as the youth's representative |
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| 88 | + | 21 payee, the Department must consider input, if provided, |
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| 89 | + | 22 from the youth's attorney and guardian ad litem regarding |
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| 90 | + | 23 whether another representative payee, consistent with the |
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| 91 | + | 24 requirements of 20 CFR 404.2021 and 416.621, is available. |
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| 92 | + | 25 If the Department serves as the representative payee for a |
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| 93 | + | 26 youth over the age of 18, the Department shall request a |
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| 94 | + | |
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| 95 | + | |
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| 96 | + | |
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| 97 | + | |
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| 98 | + | |
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| 100 | + | |
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| 101 | + | |
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| 103 | + | HB3641 Enrolled - 4 - LRB103 30390 HLH 56820 b |
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| 104 | + | 1 court order, as described in subparagraph (C) of paragraph |
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| 105 | + | 2 (1) of subsection (d) and in subparagraph (C) of paragraph |
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| 106 | + | 3 (2) of subsection (d). |
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| 107 | + | 4 (c) Notifications. The Department shall immediately notify |
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| 108 | + | 5 a youth over the age of 16, the youth's attorney and guardian |
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| 109 | + | 6 ad litem, and the youth's parent or legal guardian or another |
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| 110 | + | 7 responsible adult of: |
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| 111 | + | 8 (1) any application for or any application to become |
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| 112 | + | 9 representative payee for benefits on behalf of a youth in |
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| 113 | + | 10 care; |
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| 114 | + | 11 (2) beginning January 1, 2025, any communications from |
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| 115 | + | 12 the Social Security Administration, the U.S. Department of |
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| 116 | + | 13 Veterans Affairs, or the Railroad Retirement Board |
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| 117 | + | 14 pertaining to the acceptance or denial of benefits or the |
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| 118 | + | 15 selection of a representative payee; and |
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| 119 | + | 16 (3) beginning January 1, 2025, any appeal or other |
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| 120 | + | 17 action requested by the Department regarding an |
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| 121 | + | 18 application for benefits. |
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| 122 | + | 19 (d) Use of benefits. Consistent with federal law, when the |
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| 123 | + | 20 Department serves as the representative payee for a youth |
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| 124 | + | 21 receiving benefits and receives benefits on the youth's |
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| 125 | + | 22 behalf, the Department shall: |
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| 126 | + | 23 (1) Beginning January 1, 2024 2023, ensure that when |
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| 127 | + | 24 the youth attains the age of 14 years and until the |
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| 128 | + | 25 Department no longer serves as the representative payee, a |
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| 129 | + | 26 minimum percentage of the youth's Supplemental Security |
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| 130 | + | |
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| 131 | + | |
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| 132 | + | |
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| 133 | + | |
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| 134 | + | |
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| 136 | + | |
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| 137 | + | |
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| 139 | + | HB3641 Enrolled - 5 - LRB103 30390 HLH 56820 b |
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| 140 | + | 1 Income benefits are conserved in accordance with paragraph |
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| 141 | + | 2 (4) as follows: |
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| 142 | + | 3 (A) From the age of 14 through age 15, at least |
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| 143 | + | 4 40%. |
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| 144 | + | 5 (B) From the age of 16 through age 17, at least |
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| 145 | + | 6 80%. |
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| 146 | + | 7 (C) From the age of 18 and older through 20, 100%, |
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| 147 | + | 8 when a court order has been entered expressly |
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| 148 | + | 9 authorizing allowing the DCFS Guardianship |
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| 149 | + | 10 Administrator to serve as the designated |
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| 150 | + | 11 representative to establish an ABLE account on behalf |
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| 151 | + | 12 of a youth Department to have the authority to |
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| 152 | + | 13 establish and serve as an authorized agent of the |
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| 153 | + | 14 youth over the age of 18 with respect to an account |
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| 154 | + | 15 established in accordance with paragraph (4). |
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| 155 | + | 16 (2) Beginning January 1, 2024, ensure that when the |
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| 156 | + | 17 youth attains the age of 14 years and until the Department |
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| 157 | + | 18 no longer serves as the representative payee a minimum |
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| 158 | + | 19 percentage of the youth's Social Security benefits, |
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| 159 | + | 20 Veterans benefits, or Railroad Retirement benefits are |
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| 160 | + | 21 conserved in accordance with paragraph (3) or (4), as |
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| 161 | + | 22 applicable, as follows: |
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| 162 | + | 23 (A) From the age of 14 through age 15, at least |
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| 163 | + | 24 40%. |
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| 164 | + | 25 (B) From the age of 16 through age 17, at least |
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| 165 | + | 26 80%. |
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| 166 | + | |
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| 167 | + | |
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| 168 | + | |
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| 169 | + | |
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| 170 | + | |
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| 172 | + | |
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| 173 | + | |
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| 175 | + | HB3641 Enrolled - 6 - LRB103 30390 HLH 56820 b |
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| 176 | + | 1 (C) From the age of 18 through 20, 100%. If |
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| 177 | + | 2 establishment of an ABLE account is necessary to |
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| 178 | + | 3 conserve benefits for youth age 18 and older, then |
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| 179 | + | 4 benefits shall be conserved in accordance with |
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| 180 | + | 5 paragraph (4) when a court order has been entered |
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| 181 | + | 6 expressly authorizing the DCFS Guardianship |
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| 182 | + | 7 Administrator to serve as the designated |
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| 183 | + | 8 representative to establish an ABLE account on behalf |
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| 184 | + | 9 of a youth , when a court order has been entered |
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| 185 | + | 10 expressly allowing the Department to have the |
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| 186 | + | 11 authority to establish and serve as an authorized |
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| 187 | + | 12 agent of the youth over the age of 18 with respect to |
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| 188 | + | 13 an account established in accordance with paragraph |
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| 189 | + | 14 (4). |
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| 190 | + | 15 (3) Exercise discretion in accordance with federal law |
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| 191 | + | 16 and in the best interests of the youth when making |
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| 192 | + | 17 decisions to use or conserve the youth's benefits that are |
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| 193 | + | 18 less than or not subject to asset or resource limits under |
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| 194 | + | 19 federal law, including using the benefits to address the |
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| 195 | + | 20 youth's special needs and conserving the benefits for the |
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| 196 | + | 21 youth's reasonably foreseeable future needs. |
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| 197 | + | 22 (4) Appropriately monitor any federal asset or |
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| 198 | + | 23 resource limits for the Supplemental Security Income |
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| 199 | + | 24 benefits and ensure that the youth's best interest is |
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| 200 | + | 25 served by using or conserving the benefits in a way that |
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| 201 | + | 26 avoids violating any federal asset or resource limits that |
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| 202 | + | |
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| 203 | + | |
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| 204 | + | |
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| 205 | + | |
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| 206 | + | |
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| 209 | + | |
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| 211 | + | HB3641 Enrolled - 7 - LRB103 30390 HLH 56820 b |
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| 212 | + | 1 would affect the youth's eligibility to receive the |
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| 213 | + | 2 benefits, including, but not limited to: |
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| 214 | + | 3 (A) applying to the Social Security Administration |
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| 215 | + | 4 to establish a Plan to Achieve Self-Support (PASS) |
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| 216 | + | 5 Account for the youth under the Social Security Act |
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| 217 | + | 6 and determining whether it is in the best interest of |
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| 218 | + | 7 the youth to conserve all or parts of the benefits in |
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| 219 | + | 8 the PASS account; |
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| 220 | + | 9 (B) establishing a 529 plan for the youth and |
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| 221 | + | 10 conserving the youth's benefits in that account in a |
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| 222 | + | 11 manner that appropriately avoids any federal asset or |
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| 223 | + | 12 resource limits; |
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| 224 | + | 13 (C) establishing an Individual Development Account |
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| 225 | + | 14 for the youth and conserving the youth's benefits in |
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| 226 | + | 15 that account in a manner that appropriately avoids any |
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| 227 | + | 16 federal asset or resource limits; |
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| 228 | + | 17 (A) (D) establishing an ABLE account authorized by |
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| 229 | + | 18 Section 529A of the Internal Revenue Code of 1986, for |
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| 230 | + | 19 the youth and conserving the youth's benefits in that |
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| 231 | + | 20 account in a manner that appropriately avoids any |
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| 232 | + | 21 federal asset or resource limits; |
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| 233 | + | 22 (E) establishing a Social Security Plan to Achieve |
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| 234 | + | 23 Self-Support account for the youth and conserving the |
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| 235 | + | 24 youth's benefits in a manner that appropriately avoids |
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| 236 | + | 25 any federal asset or resource limits; |
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| 237 | + | 26 (F) establishing a special needs trust for the |
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| 238 | + | |
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| 239 | + | |
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| 240 | + | |
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| 241 | + | |
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| 242 | + | |
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| 243 | + | HB3641 Enrolled - 7 - LRB103 30390 HLH 56820 b |
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| 244 | + | |
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| 245 | + | |
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| 246 | + | HB3641 Enrolled- 8 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 8 - LRB103 30390 HLH 56820 b |
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| 247 | + | HB3641 Enrolled - 8 - LRB103 30390 HLH 56820 b |
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| 248 | + | 1 youth and conserving the youth's benefits in the trust |
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| 249 | + | 2 in a manner that is consistent with federal |
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| 250 | + | 3 requirements for special needs trusts and that |
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| 251 | + | 4 appropriately avoids any federal asset or resource |
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| 252 | + | 5 limits; |
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| 253 | + | 6 (B) (G) if the Department determines that using |
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| 254 | + | 7 the benefits for services for current special needs |
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| 255 | + | 8 not already provided by the Department is in the best |
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| 256 | + | 9 interest of the youth, using the benefits for those |
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| 257 | + | 10 services; |
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| 258 | + | 11 (C) (H) if federal law requires certain back |
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| 259 | + | 12 payments of benefits to be placed in a dedicated |
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| 260 | + | 13 account, complying with the requirements for dedicated |
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| 261 | + | 14 accounts under 20 CFR 416.640(e); and |
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| 262 | + | 15 (D) (I) applying any other exclusions from federal |
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| 263 | + | 16 asset or resource limits available under federal law |
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| 264 | + | 17 and using or conserving the youth's benefits in a |
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| 265 | + | 18 manner that appropriately avoids any federal asset or |
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| 266 | + | 19 resource limits. |
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| 267 | + | 20 (e) By July 1, 2024, the Department shall provide a report |
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| 268 | + | 21 to the General Assembly regarding youth in care who receive |
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| 269 | + | 22 benefits who are not subject to this Act. The report shall |
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| 270 | + | 23 discuss a goal of expanding conservation of children's |
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| 271 | + | 24 benefits to all benefits of all children of any age for whom |
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| 272 | + | 25 the Department serves as representative payee. The report |
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| 273 | + | 26 shall include a description of any identified obstacles, steps |
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| 274 | + | |
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| 275 | + | |
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| 276 | + | |
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| 277 | + | |
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| 278 | + | |
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| 279 | + | HB3641 Enrolled - 8 - LRB103 30390 HLH 56820 b |
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| 280 | + | |
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| 281 | + | |
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| 283 | + | HB3641 Enrolled - 9 - LRB103 30390 HLH 56820 b |
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| 284 | + | 1 to be taken to address the obstacles, and a description of any |
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| 285 | + | 2 need for statutory, rule, or procedural changes. |
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| 286 | + | 3 (f) (1) Accounting. |
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| 287 | + | 4 (A) Beginning on the effective date of this amendatory |
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| 288 | + | 5 Act of the 103rd General Assembly through December 31, |
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| 289 | + | 6 2024, upon request of the youth's attorney or guardian ad |
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| 290 | + | 7 litem, the The Department shall provide an annual |
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| 291 | + | 8 accounting to the youth's attorney and guardian ad litem |
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| 292 | + | 9 of how the youth's benefits have been used and conserved. |
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| 293 | + | 10 (B) Beginning January 1, 2025 and every year |
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| 294 | + | 11 thereafter, an annual accounting of how the youth's |
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| 295 | + | 12 benefits have been used and conserved shall be provided |
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| 296 | + | 13 automatically to the youth's attorney and guardian ad |
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| 297 | + | 14 litem. |
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| 298 | + | 15 (C) In addition, within 10 business days of a request |
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| 299 | + | 16 from a youth or the youth's attorney and guardian ad |
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| 300 | + | 17 litem, the Department shall provide an accounting to the |
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| 301 | + | 18 youth of how the youth's benefits have been used and |
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| 302 | + | 19 conserved. |
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| 303 | + | 20 (2) The accounting shall include: |
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| 304 | + | 21 (A) (1) The amount of benefits received on the |
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| 305 | + | 22 youth's behalf since the most recent accounting and |
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| 306 | + | 23 the date the benefits were received. |
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| 307 | + | 24 (B) (2) Information regarding the youth's benefits |
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| 308 | + | 25 and resources, including the youth's benefits, |
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| 309 | + | 26 insurance, cash assets, trust accounts, earnings, and |
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| 310 | + | |
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| 311 | + | |
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| 312 | + | |
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| 313 | + | |
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| 314 | + | |
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| 315 | + | HB3641 Enrolled - 9 - LRB103 30390 HLH 56820 b |
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| 316 | + | |
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| 317 | + | |
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| 318 | + | HB3641 Enrolled- 10 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 10 - LRB103 30390 HLH 56820 b |
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| 319 | + | HB3641 Enrolled - 10 - LRB103 30390 HLH 56820 b |
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| 320 | + | 1 other resources. |
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| 321 | + | 2 (C) (3) An accounting of the disbursement of |
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| 322 | + | 3 benefit funds, including the date, amount, |
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| 323 | + | 4 identification of payee, and purpose. |
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| 324 | + | 5 (D) (4) Information regarding each request by the |
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| 325 | + | 6 youth, the youth's attorney and guardian ad litem, or |
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| 326 | + | 7 the youth's caregiver for disbursement of funds and a |
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| 327 | + | 8 statement regarding the reason for not granting the |
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| 328 | + | 9 request if the request was denied. |
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| 329 | + | 10 When the Department's guardianship of the youth is being |
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| 330 | + | 11 terminated, prior to or upon the termination of guardianship, |
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| 331 | + | 12 the Department shall provide (i) a final accounting to the |
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| 332 | + | 13 Social Security Administration, to the youth's attorney and |
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| 333 | + | 14 guardian ad litem, and to either the person or persons who will |
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| 334 | + | 15 assume guardianship of the youth or who is in the process of |
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| 335 | + | 16 adopting the youth, if the youth is under 18, or to the youth, |
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| 336 | + | 17 if the youth is over 18 and (ii) information to the parent, |
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| 337 | + | 18 guardian, or youth regarding how to apply to become the |
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| 338 | + | 19 designated representative for the youth's ABLE account payee. |
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| 339 | + | 20 The Department shall adopt rules to ensure that the |
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| 340 | + | 21 representative payee transitions occur in a timely and |
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| 341 | + | 22 appropriate manner. |
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| 342 | + | 23 (g) Education Financial literacy. The Department shall |
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| 343 | + | 24 provide the youth who have funds conserved under paragraphs |
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| 344 | + | 25 (1) and (2) of subsection (d) with education with financial |
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| 345 | + | 26 literacy training and support, including specific information |
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| 346 | + | |
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| 347 | + | |
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| 348 | + | |
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| 349 | + | |
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| 350 | + | |
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| 352 | + | |
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| 353 | + | |
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| 354 | + | HB3641 Enrolled- 11 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 11 - LRB103 30390 HLH 56820 b |
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| 355 | + | HB3641 Enrolled - 11 - LRB103 30390 HLH 56820 b |
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| 356 | + | 1 regarding the existence, availability, and use of funds |
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| 357 | + | 2 conserved for the youth in accordance with paragraphs (1) and |
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| 358 | + | 3 (2) of subsection (d) this subsection, beginning by age 14 in a |
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| 359 | + | 4 developmentally appropriate manner. The education literacy |
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| 360 | + | 5 program and support services shall be developed in |
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| 361 | + | 6 consultation with input from the Department's Statewide Youth |
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| 362 | + | 7 Advisory Board. Education and informational materials related |
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| 363 | + | 8 to ABLE accounts shall be developed in consultation with and |
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| 364 | + | 9 approved by the State Treasurer. |
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| 365 | + | 10 (h) Adoption of rules. The Department shall adopt rules to |
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| 366 | + | 11 implement the provisions of this Section by January 1, 2024 |
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| 367 | + | 12 2023. |
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| 368 | + | 13 (i) Reporting. No later than February 28, 2023, the |
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| 369 | + | 14 Department shall file a report with the General Assembly |
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| 370 | + | 15 providing the following information for State Fiscal Years |
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| 371 | + | 16 2019, 2020, 2021, and 2022 and annually beginning February 28, |
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| 372 | + | 17 2023, for the preceding fiscal year: |
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| 373 | + | 18 (1) The number of youth entering care. |
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| 374 | + | 19 (2) The number of youth entering care receiving each |
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| 375 | + | 20 of the following types of benefits: Social Security |
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| 376 | + | 21 benefits, Supplemental Security Income, Veterans benefits, |
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| 377 | + | 22 Railroad Retirement benefits. |
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| 378 | + | 23 (3) The number of youth entering care for whom the |
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| 379 | + | 24 Department filed an application for each of the following |
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| 380 | + | 25 types of benefits: Social Security benefits, Supplemental |
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| 381 | + | 26 Security Income, Veterans benefits, Railroad Retirement |
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| 382 | + | |
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| 383 | + | |
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| 384 | + | |
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| 385 | + | |
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| 386 | + | |
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| 387 | + | HB3641 Enrolled - 11 - LRB103 30390 HLH 56820 b |
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| 388 | + | |
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| 389 | + | |
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| 390 | + | HB3641 Enrolled- 12 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 12 - LRB103 30390 HLH 56820 b |
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| 391 | + | HB3641 Enrolled - 12 - LRB103 30390 HLH 56820 b |
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| 392 | + | 1 benefits. |
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| 393 | + | 2 (4) The number of youth entering care who were awarded |
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| 394 | + | 3 each of the following types of benefits based on an |
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| 395 | + | 4 application filed by the Department: Social Security |
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| 396 | + | 5 benefits, Supplemental Security Income, Veterans benefits, |
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| 397 | + | 6 Railroad Retirement benefits. |
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| 398 | + | 7 (j) Annually beginning December 31, 2023, the Department |
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| 399 | + | 8 shall file a report with the General Assembly with the |
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| 400 | + | 9 following information regarding the preceding fiscal year: |
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| 401 | + | 10 (1) the number of conserved accounts established and |
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| 402 | + | 11 maintained for youth in care; |
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| 403 | + | 12 (2) the average amount conserved by age group; and |
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| 404 | + | 13 (3) the total amount conserved by age group. |
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| 405 | + | 14 (Source: P.A. 102-1014, eff. 5-27-22; 103-154, eff. 6-30-23.) |
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| 406 | + | 15 Section 15. The Illinois State Police Law of the Civil |
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| 407 | + | 16 Administrative Code of Illinois is amended by changing Section |
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| 408 | + | 17 2605-10 as follows: |
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| 409 | + | 18 (20 ILCS 2605/2605-10) (was 20 ILCS 2605/55a in part) |
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| 410 | + | 19 (Text of Section before amendment by P.A. 103-34) |
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| 411 | + | 20 Sec. 2605-10. Powers and duties, generally. |
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| 412 | + | 21 (a) The Illinois State Police shall exercise the rights, |
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| 413 | + | 22 powers, and duties that have been vested in the Illinois State |
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| 414 | + | 23 Police by the following: |
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| 415 | + | 24 The Illinois State Police Act. |
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| 416 | + | |
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| 417 | + | |
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| 418 | + | |
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| 419 | + | |
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| 420 | + | |
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| 421 | + | HB3641 Enrolled - 12 - LRB103 30390 HLH 56820 b |
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| 422 | + | |
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| 423 | + | |
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| 424 | + | HB3641 Enrolled- 13 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 13 - LRB103 30390 HLH 56820 b |
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| 425 | + | HB3641 Enrolled - 13 - LRB103 30390 HLH 56820 b |
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| 426 | + | 1 The Illinois State Police Radio Act. |
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| 427 | + | 2 The Criminal Identification Act. |
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| 428 | + | 3 The Illinois Vehicle Code. |
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| 429 | + | 4 The Firearm Owners Identification Card Act. |
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| 430 | + | 5 The Firearm Concealed Carry Act. |
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| 431 | + | 6 The Gun Dealer Licensing Act. |
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| 432 | + | 7 The Intergovernmental Missing Child Recovery Act of |
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| 433 | + | 8 1984. |
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| 434 | + | 9 The Intergovernmental Drug Laws Enforcement Act. |
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| 435 | + | 10 The Narcotic Control Division Abolition Act. |
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| 436 | + | 11 (b) The Illinois State Police shall have the powers and |
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| 437 | + | 12 duties set forth in the following Sections. |
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| 438 | + | 13 (Source: P.A. 102-538, eff. 8-20-21.) |
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| 439 | + | 14 (Text of Section after amendment by P.A. 103-34) |
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| 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. |
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| 445 | + | 20 The Illinois State Police Radio Act. |
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| 446 | + | 21 The Criminal Identification Act. |
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| 447 | + | 22 The Illinois Vehicle Code. |
---|
| 448 | + | 23 The Firearm Owners Identification Card Act. |
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| 449 | + | 24 The Firearm Concealed Carry Act. |
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| 450 | + | 25 The Firearm Dealer License Certification Act. |
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| 451 | + | |
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| 452 | + | |
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| 453 | + | |
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| 454 | + | |
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| 455 | + | |
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| 456 | + | HB3641 Enrolled - 13 - LRB103 30390 HLH 56820 b |
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| 457 | + | |
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| 458 | + | |
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| 459 | + | HB3641 Enrolled- 14 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 14 - LRB103 30390 HLH 56820 b |
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| 460 | + | HB3641 Enrolled - 14 - LRB103 30390 HLH 56820 b |
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| 461 | + | 1 The Intergovernmental Missing Child Recovery Act of |
---|
| 462 | + | 2 1984. |
---|
| 463 | + | 3 The Intergovernmental Drug Laws Enforcement Act. |
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| 464 | + | 4 The Narcotic Control Division Abolition Act. |
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| 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 |
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| 474 | + | 14 their official capacity: |
---|
| 475 | + | 15 (1) Utilize subject matter expertise and law |
---|
| 476 | + | 16 enforcement authority to strengthen the protection of |
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| 477 | + | 17 State government facilities, State employees, State |
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| 478 | + | 18 officials, and State critical infrastructure. |
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| 479 | + | 19 (2) Coordinate State, federal, and local law |
---|
| 480 | + | 20 enforcement activities involving the protection of State |
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| 481 | + | 21 facilities, officials, and employees. |
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| 482 | + | 22 (3) Conduct investigations of criminal threats to |
---|
| 483 | + | 23 State facilities, State critical infrastructure, State |
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| 484 | + | 24 officials, and State employees. |
---|
| 485 | + | 25 (4) Train State officials and employees in personal |
---|
| 486 | + | 26 protection, crime prevention, facility occupant emergency |
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| 487 | + | |
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| 488 | + | |
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| 489 | + | |
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| 490 | + | |
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| 491 | + | |
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| 492 | + | HB3641 Enrolled - 14 - LRB103 30390 HLH 56820 b |
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| 493 | + | |
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| 494 | + | |
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| 495 | + | HB3641 Enrolled- 15 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 15 - LRB103 30390 HLH 56820 b |
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| 496 | + | HB3641 Enrolled - 15 - LRB103 30390 HLH 56820 b |
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| 497 | + | 1 planning, and incident management. |
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| 498 | + | 2 (5) Establish standard protocols for prevention and |
---|
| 499 | + | 3 response to criminal threats to State facilities, State |
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| 500 | + | 4 officials, State employees, and State critical |
---|
| 501 | + | 5 infrastructure, and standard protocols for reporting of |
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| 502 | + | 6 suspicious activities. |
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| 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 |
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| 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. |
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| 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 |
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| 523 | + | |
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| 524 | + | |
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| 525 | + | |
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| 526 | + | |
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| 527 | + | |
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| 528 | + | HB3641 Enrolled - 15 - LRB103 30390 HLH 56820 b |
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| 529 | + | |
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| 530 | + | |
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| 531 | + | HB3641 Enrolled- 16 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 16 - LRB103 30390 HLH 56820 b |
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| 532 | + | HB3641 Enrolled - 16 - LRB103 30390 HLH 56820 b |
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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. |
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| 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; |
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| 557 | + | |
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| 558 | + | |
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| 559 | + | |
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| 560 | + | |
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| 561 | + | |
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| 562 | + | HB3641 Enrolled - 16 - LRB103 30390 HLH 56820 b |
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| 563 | + | |
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| 564 | + | |
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| 565 | + | HB3641 Enrolled- 17 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 17 - LRB103 30390 HLH 56820 b |
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| 566 | + | HB3641 Enrolled - 17 - LRB103 30390 HLH 56820 b |
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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; |
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| 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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| 594 | + | |
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| 595 | + | |
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| 596 | + | |
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| 597 | + | |
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| 598 | + | HB3641 Enrolled - 17 - LRB103 30390 HLH 56820 b |
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| 599 | + | |
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| 600 | + | |
---|
| 601 | + | HB3641 Enrolled- 18 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 18 - LRB103 30390 HLH 56820 b |
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| 602 | + | HB3641 Enrolled - 18 - LRB103 30390 HLH 56820 b |
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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. |
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| 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 | + | |
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| 629 | + | |
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| 630 | + | |
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| 631 | + | |
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| 632 | + | |
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| 633 | + | HB3641 Enrolled - 18 - LRB103 30390 HLH 56820 b |
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| 634 | + | |
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| 635 | + | |
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| 636 | + | HB3641 Enrolled- 19 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 19 - LRB103 30390 HLH 56820 b |
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| 637 | + | HB3641 Enrolled - 19 - LRB103 30390 HLH 56820 b |
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| 638 | + | 1 30, 2024 December 31, 2023. |
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| 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 | + | |
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| 663 | + | |
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| 664 | + | |
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| 665 | + | |
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| 666 | + | |
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| 667 | + | HB3641 Enrolled - 19 - LRB103 30390 HLH 56820 b |
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| 668 | + | |
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| 669 | + | |
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| 670 | + | HB3641 Enrolled- 20 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 20 - LRB103 30390 HLH 56820 b |
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| 671 | + | HB3641 Enrolled - 20 - LRB103 30390 HLH 56820 b |
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| 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 | + | |
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| 699 | + | |
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| 700 | + | |
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| 701 | + | |
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| 702 | + | |
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| 703 | + | HB3641 Enrolled - 20 - LRB103 30390 HLH 56820 b |
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| 704 | + | |
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| 705 | + | |
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| 706 | + | HB3641 Enrolled- 21 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 21 - LRB103 30390 HLH 56820 b |
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| 707 | + | HB3641 Enrolled - 21 - LRB103 30390 HLH 56820 b |
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| 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 |
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| 743 | + | HB3641 Enrolled - 22 - LRB103 30390 HLH 56820 b |
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| 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 | + | |
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| 778 | + | HB3641 Enrolled- 23 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 23 - LRB103 30390 HLH 56820 b |
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| 779 | + | HB3641 Enrolled - 23 - LRB103 30390 HLH 56820 b |
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| 780 | + | 1 interest of the State. The chief procurement officer shall |
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| 781 | + | 2 publish that determination in his or her next volume of the |
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| 782 | + | 3 Illinois Procurement Bulletin. |
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| 783 | + | 4 An invitation for bids shall be issued and shall include |
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| 784 | + | 5 (i) a procurement description, (ii) all contractual terms, |
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| 785 | + | 6 whenever practical, and (iii) conditions applicable to the |
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| 786 | + | 7 procurement, including a notice that bids will be received in |
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| 787 | + | 8 an electronic auction manner. |
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| 788 | + | 9 Public notice of the invitation for bids shall be given in |
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| 789 | + | 10 the same manner as provided in subsection (c). |
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| 790 | + | 11 Bids shall be accepted electronically at the time and in |
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| 791 | + | 12 the manner designated in the invitation for bids. During the |
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| 792 | + | 13 auction, a bidder's price shall be disclosed to other bidders. |
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| 793 | + | 14 Bidders shall have the opportunity to reduce their bid prices |
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| 794 | + | 15 during the auction. At the conclusion of the auction, the |
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| 795 | + | 16 record of the bid prices received and the name of each bidder |
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| 796 | + | 17 shall be open to public inspection. |
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| 797 | + | 18 After the auction period has terminated, withdrawal of |
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| 798 | + | 19 bids shall be permitted as provided in subsection (f). |
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| 799 | + | 20 The contract shall be awarded within 60 calendar days |
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| 800 | + | 21 after the auction by written notice to the lowest responsible |
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| 801 | + | 22 bidder, or all bids shall be rejected except as otherwise |
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| 802 | + | 23 provided in this Code. Extensions of the date for the award may |
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| 803 | + | 24 be made by mutual written consent of the State purchasing |
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| 804 | + | 25 officer and the lowest responsible bidder. |
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| 805 | + | 26 This subsection does not apply to (i) procurements of |
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| 806 | + | |
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| 807 | + | |
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| 808 | + | |
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| 809 | + | |
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| 810 | + | |
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| 811 | + | HB3641 Enrolled - 23 - LRB103 30390 HLH 56820 b |
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| 812 | + | |
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| 813 | + | |
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| 814 | + | HB3641 Enrolled- 24 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 24 - LRB103 30390 HLH 56820 b |
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| 815 | + | HB3641 Enrolled - 24 - LRB103 30390 HLH 56820 b |
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| 816 | + | 1 professional and artistic services, (ii) telecommunications |
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| 817 | + | 2 services, communication services, and information services, |
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| 818 | + | 3 and (iii) contracts for construction projects, including |
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| 819 | + | 4 design professional services. |
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| 820 | + | 5 (Source: P.A. 101-31, eff. 6-28-19; 101-657, eff. 1-1-22; |
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| 821 | + | 6 102-29, eff. 6-25-21.) |
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| 822 | + | 7 (Text of Section from P.A. 96-159, 96-795, 97-96, 97-895, |
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| 823 | + | 8 98-1076, 99-906, 100-43, 101-31, 101-657, and 102-29) |
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| 824 | + | 9 Sec. 20-10. Competitive sealed bidding; reverse auction. |
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| 825 | + | 10 (a) Conditions for use. All contracts shall be awarded by |
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| 826 | + | 11 competitive sealed bidding except as otherwise provided in |
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| 827 | + | 12 Section 20-5. |
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| 828 | + | 13 (b) Invitation for bids. An invitation for bids shall be |
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| 829 | + | 14 issued and shall include a purchase description and the |
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| 830 | + | 15 material contractual terms and conditions applicable to the |
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| 831 | + | 16 procurement. |
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| 832 | + | 17 (c) Public notice. Public notice of the invitation for |
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| 833 | + | 18 bids shall be published in the Illinois Procurement Bulletin |
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| 834 | + | 19 at least 14 calendar days before the date set in the invitation |
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| 835 | + | 20 for the opening of bids. |
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| 836 | + | 21 (d) Bid opening. Bids shall be opened publicly or through |
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| 837 | + | 22 an electronic procurement system in the presence of one or |
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| 838 | + | 23 more witnesses at the time and place designated in the |
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| 839 | + | 24 invitation for bids. The name of each bidder, including earned |
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| 840 | + | 25 and applied bid credit from the Illinois Works Jobs Program |
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| 841 | + | |
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| 842 | + | |
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| 843 | + | |
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| 844 | + | |
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| 845 | + | |
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| 846 | + | HB3641 Enrolled - 24 - LRB103 30390 HLH 56820 b |
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| 847 | + | |
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| 848 | + | |
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| 849 | + | HB3641 Enrolled- 25 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 25 - LRB103 30390 HLH 56820 b |
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| 850 | + | HB3641 Enrolled - 25 - LRB103 30390 HLH 56820 b |
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| 851 | + | 1 Act, the amount of each bid, and other relevant information as |
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| 852 | + | 2 may be specified by rule shall be recorded. After the award of |
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| 853 | + | 3 the contract, the winning bid and the record of each |
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| 854 | + | 4 unsuccessful bid shall be open to public inspection. |
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| 855 | + | 5 (e) Bid acceptance and bid evaluation. Bids shall be |
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| 856 | + | 6 unconditionally accepted without alteration or correction, |
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| 857 | + | 7 except as authorized in this Code. Bids shall be evaluated |
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| 858 | + | 8 based on the requirements set forth in the invitation for |
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| 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 |
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| 865 | + | 15 invitation for bids shall set forth the evaluation criteria to |
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| 866 | + | 16 be used. |
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| 867 | + | 17 (f) Correction or withdrawal of bids. Correction or |
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| 868 | + | 18 withdrawal of inadvertently erroneous bids before or after |
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| 869 | + | 19 award, or cancellation of awards of contracts based on bid |
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| 870 | + | 20 mistakes, shall be permitted in accordance with rules. After |
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| 871 | + | 21 bid opening, no changes in bid prices or other provisions of |
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| 872 | + | 22 bids prejudicial to the interest of the State or fair |
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| 873 | + | 23 competition shall be permitted. All decisions to permit the |
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| 874 | + | 24 correction or withdrawal of bids based on bid mistakes shall |
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| 875 | + | 25 be supported by written determination made by a State |
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| 876 | + | 26 purchasing officer. |
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| 877 | + | |
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| 878 | + | |
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| 879 | + | |
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| 880 | + | |
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| 881 | + | |
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| 882 | + | HB3641 Enrolled - 25 - LRB103 30390 HLH 56820 b |
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| 883 | + | |
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| 884 | + | |
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| 885 | + | HB3641 Enrolled- 26 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 26 - LRB103 30390 HLH 56820 b |
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| 886 | + | HB3641 Enrolled - 26 - LRB103 30390 HLH 56820 b |
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| 887 | + | 1 (g) Award. The contract shall be awarded with reasonable |
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| 888 | + | 2 promptness by written notice to the lowest responsible and |
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| 889 | + | 3 responsive bidder whose bid meets the requirements and |
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| 890 | + | 4 criteria set forth in the invitation for bids, except when a |
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| 891 | + | 5 State purchasing officer determines it is not in the best |
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| 892 | + | 6 interest of the State and by written explanation determines |
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| 893 | + | 7 another bidder shall receive the award. The explanation shall |
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| 894 | + | 8 appear in the appropriate volume of the Illinois Procurement |
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| 895 | + | 9 Bulletin. The written explanation must include: |
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| 896 | + | 10 (1) a description of the agency's needs; |
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| 897 | + | 11 (2) a determination that the anticipated cost will be |
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| 898 | + | 12 fair and reasonable; |
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| 899 | + | 13 (3) a listing of all responsible and responsive |
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| 900 | + | 14 bidders; and |
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| 901 | + | 15 (4) the name of the bidder selected, the total |
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| 902 | + | 16 contract price, and the reasons for selecting that bidder. |
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| 903 | + | 17 Each chief procurement officer may adopt guidelines to |
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| 904 | + | 18 implement the requirements of this subsection (g). |
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| 905 | + | 19 The written explanation shall be filed with the |
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| 906 | + | 20 Legislative Audit Commission, and the Commission on Equity and |
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| 907 | + | 21 Inclusion, and the Procurement Policy Board, and be made |
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| 908 | + | 22 available for inspection by the public, within 14 days after |
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| 909 | + | 23 the agency's decision to award the contract. |
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| 910 | + | 24 (h) Multi-step sealed bidding. When it is considered |
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| 911 | + | 25 impracticable to initially prepare a purchase description to |
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| 912 | + | 26 support an award based on price, an invitation for bids may be |
---|
| 913 | + | |
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| 914 | + | |
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| 915 | + | |
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| 916 | + | |
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| 917 | + | |
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| 918 | + | HB3641 Enrolled - 26 - LRB103 30390 HLH 56820 b |
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| 919 | + | |
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| 920 | + | |
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| 921 | + | HB3641 Enrolled- 27 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 27 - LRB103 30390 HLH 56820 b |
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| 922 | + | HB3641 Enrolled - 27 - LRB103 30390 HLH 56820 b |
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| 923 | + | 1 issued requesting the submission of unpriced offers to be |
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| 924 | + | 2 followed by an invitation for bids limited to those bidders |
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| 925 | + | 3 whose offers have been qualified under the criteria set forth |
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| 926 | + | 4 in the first solicitation. |
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| 927 | + | 5 (i) Alternative procedures. Notwithstanding any other |
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| 928 | + | 6 provision of this Act to the contrary, the Director of the |
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| 929 | + | 7 Illinois Power Agency may create alternative bidding |
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| 930 | + | 8 procedures to be used in procuring professional services under |
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| 931 | + | 9 subsections (a) and (c) of Section 1-75 and subsection (d) of |
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| 932 | + | 10 Section 1-78 of the Illinois Power Agency Act and Section |
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| 933 | + | 11 16-111.5(c) of the Public Utilities Act and to procure |
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| 934 | + | 12 renewable energy resources under Section 1-56 of the Illinois |
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| 935 | + | 13 Power Agency Act. These alternative procedures shall be set |
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| 936 | + | 14 forth together with the other criteria contained in the |
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| 937 | + | 15 invitation for bids, and shall appear in the appropriate |
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| 938 | + | 16 volume of the Illinois Procurement Bulletin. |
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| 939 | + | 17 (j) Reverse auction. Notwithstanding any other provision |
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| 940 | + | 18 of this Section and in accordance with rules adopted by the |
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| 941 | + | 19 chief procurement officer, that chief procurement officer may |
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| 942 | + | 20 procure supplies or services through a competitive electronic |
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| 943 | + | 21 auction bidding process after the chief procurement officer |
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| 944 | + | 22 determines that the use of such a process will be in the best |
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| 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 | + | |
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| 951 | + | |
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| 952 | + | |
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| 953 | + | |
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| 954 | + | HB3641 Enrolled - 27 - LRB103 30390 HLH 56820 b |
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| 955 | + | |
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| 956 | + | |
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| 957 | + | HB3641 Enrolled- 28 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 28 - LRB103 30390 HLH 56820 b |
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| 958 | + | HB3641 Enrolled - 28 - LRB103 30390 HLH 56820 b |
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| 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 | + | |
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| 986 | + | |
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| 987 | + | |
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| 988 | + | |
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| 989 | + | |
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| 990 | + | HB3641 Enrolled - 28 - LRB103 30390 HLH 56820 b |
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| 991 | + | |
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| 992 | + | |
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| 993 | + | HB3641 Enrolled- 29 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 29 - LRB103 30390 HLH 56820 b |
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| 994 | + | HB3641 Enrolled - 29 - LRB103 30390 HLH 56820 b |
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| 995 | + | 1 (Source: P.A. 101-31, eff. 6-28-19; 101-657, eff. 1-1-22; |
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| 996 | + | 2 102-29, eff. 6-25-21.) |
---|
| 997 | + | 3 (Text of Section after amendment by P.A. 103-558) |
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| 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. |
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| 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. |
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| 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 | + | |
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| 1021 | + | |
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| 1022 | + | |
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| 1023 | + | |
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| 1024 | + | |
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| 1025 | + | HB3641 Enrolled - 29 - LRB103 30390 HLH 56820 b |
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| 1026 | + | |
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| 1027 | + | |
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| 1028 | + | HB3641 Enrolled- 30 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 30 - LRB103 30390 HLH 56820 b |
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| 1029 | + | HB3641 Enrolled - 30 - LRB103 30390 HLH 56820 b |
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| 1030 | + | 1 unsuccessful bid shall be open to public inspection. |
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| 1031 | + | 2 (e) Bid acceptance and bid evaluation. Bids shall be |
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| 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. |
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| 1043 | + | 14 (f) Correction or withdrawal of bids. Correction or |
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| 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 |
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| 1051 | + | 22 be supported by written determination made by a State |
---|
| 1052 | + | 23 purchasing officer. |
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| 1053 | + | 24 (g) Award. The contract shall be awarded with reasonable |
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| 1054 | + | 25 promptness by written notice to the lowest responsible and |
---|
| 1055 | + | 26 responsive bidder whose bid meets the requirements and |
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| 1056 | + | |
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| 1057 | + | |
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| 1058 | + | |
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| 1059 | + | |
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| 1060 | + | |
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| 1061 | + | HB3641 Enrolled - 30 - LRB103 30390 HLH 56820 b |
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| 1062 | + | |
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| 1063 | + | |
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| 1064 | + | HB3641 Enrolled- 31 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 31 - LRB103 30390 HLH 56820 b |
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| 1065 | + | HB3641 Enrolled - 31 - LRB103 30390 HLH 56820 b |
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| 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 |
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| 1074 | + | 9 fair and reasonable; |
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| 1075 | + | 10 (3) a listing of all responsible and responsive |
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| 1076 | + | 11 bidders; and |
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| 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 |
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| 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. |
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| 1086 | + | 21 (g-5) Failed bid notice. In addition to the requirements |
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| 1087 | + | 22 of subsection (g), if a bidder has failed to be awarded a |
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| 1088 | + | 23 contract after 4 consecutive bids to provide the same services |
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| 1089 | + | 24 to the Department of Transportation, the Capital Development |
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| 1090 | + | 25 Board, or the Illinois State Toll Highway Authority, the |
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| 1091 | + | 26 applicable agency shall, in writing, detail why each of the 4 |
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| 1092 | + | |
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| 1093 | + | |
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| 1094 | + | |
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| 1095 | + | |
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| 1096 | + | |
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| 1097 | + | HB3641 Enrolled - 31 - LRB103 30390 HLH 56820 b |
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| 1098 | + | |
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| 1099 | + | |
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| 1100 | + | HB3641 Enrolled- 32 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 32 - LRB103 30390 HLH 56820 b |
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| 1101 | + | HB3641 Enrolled - 32 - LRB103 30390 HLH 56820 b |
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| 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 |
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| 1107 | + | 6 rejected. This subsection does not apply if information |
---|
| 1108 | + | 7 pertaining to a failed bid was previously disclosed to a |
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| 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 |
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| 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 | + | |
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| 1132 | + | |
---|
| 1133 | + | HB3641 Enrolled - 32 - LRB103 30390 HLH 56820 b |
---|
| 1134 | + | |
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| 1135 | + | |
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| 1136 | + | HB3641 Enrolled- 33 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 33 - LRB103 30390 HLH 56820 b |
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| 1137 | + | HB3641 Enrolled - 33 - LRB103 30390 HLH 56820 b |
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| 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 |
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| 1140 | + | 3 procure renewable energy resources under Section 1-56 of the |
---|
| 1141 | + | 4 Illinois Power Agency Act. These alternative procedures shall |
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| 1142 | + | 5 be set forth together with the other criteria contained in the |
---|
| 1143 | + | 6 invitation for bids, and shall appear in the appropriate |
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| 1144 | + | 7 volume of the Illinois Procurement Bulletin. |
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| 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 |
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| 1155 | + | 18 (i) a procurement description, (ii) all contractual terms, |
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| 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 |
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| 1160 | + | 23 the same manner as provided in subsection (c). |
---|
| 1161 | + | 24 Bids shall be accepted electronically at the time and in |
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| 1162 | + | 25 the manner designated in the invitation for bids. During the |
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| 1163 | + | 26 auction, a bidder's price shall be disclosed to other bidders. |
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| 1164 | + | |
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| 1165 | + | |
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| 1166 | + | |
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| 1167 | + | |
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| 1168 | + | |
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| 1169 | + | HB3641 Enrolled - 33 - LRB103 30390 HLH 56820 b |
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| 1170 | + | |
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| 1171 | + | |
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| 1172 | + | HB3641 Enrolled- 34 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 34 - LRB103 30390 HLH 56820 b |
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| 1173 | + | HB3641 Enrolled - 34 - LRB103 30390 HLH 56820 b |
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| 1174 | + | 1 Bidders shall have the opportunity to reduce their bid prices |
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| 1175 | + | 2 during the auction. At the conclusion of the auction, the |
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| 1176 | + | 3 record of the bid prices received and the name of each bidder |
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| 1177 | + | 4 shall be open to public inspection. |
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| 1178 | + | 5 After the auction period has terminated, withdrawal of |
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| 1179 | + | 6 bids shall be permitted as provided in subsection (f). |
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| 1180 | + | 7 The contract shall be awarded within 60 calendar days |
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| 1181 | + | 8 after the auction by written notice to the lowest responsible |
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| 1182 | + | 9 bidder, or all bids shall be rejected except as otherwise |
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| 1183 | + | 10 provided in this Code. Extensions of the date for the award may |
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| 1184 | + | 11 be made by mutual written consent of the State purchasing |
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| 1185 | + | 12 officer and the lowest responsible bidder. |
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| 1186 | + | 13 This subsection does not apply to (i) procurements of |
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| 1187 | + | 14 professional and artistic services, (ii) telecommunications |
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| 1188 | + | 15 services, communication services, and information services, |
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| 1189 | + | 16 and (iii) contracts for construction projects, including |
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| 1190 | + | 17 design professional services. |
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| 1191 | + | 18 (Source: P.A. 102-29, eff. 6-25-21; 103-558, eff. 1-1-24.) |
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| 1192 | + | 19 (Text of Section from P.A. 96-159, 96-795, 97-96, 97-895, |
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| 1193 | + | 20 98-1076, 99-906, 100-43, 101-31, 101-657, 102-29, and 103-558) |
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| 1194 | + | 21 Sec. 20-10. Competitive sealed bidding; reverse auction. |
---|
| 1195 | + | 22 (a) Conditions for use. All contracts shall be awarded by |
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| 1196 | + | 23 competitive sealed bidding except as otherwise provided in |
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| 1197 | + | 24 Section 20-5. |
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| 1198 | + | 25 (b) Invitation for bids. An invitation for bids shall be |
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| 1199 | + | |
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| 1200 | + | |
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| 1201 | + | |
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| 1202 | + | |
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| 1203 | + | |
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| 1204 | + | HB3641 Enrolled - 34 - LRB103 30390 HLH 56820 b |
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| 1205 | + | |
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| 1206 | + | |
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| 1207 | + | HB3641 Enrolled- 35 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 35 - LRB103 30390 HLH 56820 b |
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| 1208 | + | HB3641 Enrolled - 35 - LRB103 30390 HLH 56820 b |
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| 1209 | + | 1 issued and shall include a purchase description and the |
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| 1210 | + | 2 material contractual terms and conditions applicable to the |
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| 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 |
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| 1214 | + | 6 at least 14 calendar days before the date set in the invitation |
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| 1215 | + | 7 for the opening of bids. |
---|
| 1216 | + | 8 (d) Bid opening. Bids shall be opened publicly or through |
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| 1217 | + | 9 an electronic procurement system in the presence of one or |
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| 1218 | + | 10 more witnesses at the time and place designated in the |
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| 1219 | + | 11 invitation for bids. The name of each bidder, including earned |
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| 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 |
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| 1223 | + | 15 the contract, the winning bid and the record of each |
---|
| 1224 | + | 16 unsuccessful bid shall be open to public inspection. |
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| 1225 | + | 17 (e) Bid acceptance and bid evaluation. Bids shall be |
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| 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 |
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| 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 |
---|
| 1235 | + | |
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| 1236 | + | |
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| 1237 | + | |
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| 1238 | + | |
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| 1239 | + | |
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| 1240 | + | HB3641 Enrolled - 35 - LRB103 30390 HLH 56820 b |
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| 1241 | + | |
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| 1242 | + | |
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| 1243 | + | HB3641 Enrolled- 36 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 36 - LRB103 30390 HLH 56820 b |
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| 1244 | + | HB3641 Enrolled - 36 - LRB103 30390 HLH 56820 b |
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| 1245 | + | 1 invitation for bids shall set forth the evaluation criteria to |
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| 1246 | + | 2 be used. |
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| 1247 | + | 3 (f) Correction or withdrawal of bids. Correction or |
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| 1248 | + | 4 withdrawal of inadvertently erroneous bids before or after |
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| 1249 | + | 5 award, or cancellation of awards of contracts based on bid |
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| 1250 | + | 6 mistakes, shall be permitted in accordance with rules. After |
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| 1251 | + | 7 bid opening, no changes in bid prices or other provisions of |
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| 1252 | + | 8 bids prejudicial to the interest of the State or fair |
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| 1253 | + | 9 competition shall be permitted. All decisions to permit the |
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| 1254 | + | 10 correction or withdrawal of bids based on bid mistakes shall |
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| 1255 | + | 11 be supported by written determination made by a State |
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| 1256 | + | 12 purchasing officer. |
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| 1257 | + | 13 (g) Award. The contract shall be awarded with reasonable |
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| 1258 | + | 14 promptness by written notice to the lowest responsible and |
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| 1259 | + | 15 responsive bidder whose bid meets the requirements and |
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| 1260 | + | 16 criteria set forth in the invitation for bids, except when a |
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| 1261 | + | 17 State purchasing officer determines it is not in the best |
---|
| 1262 | + | 18 interest of the State and by written explanation determines |
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| 1263 | + | 19 another bidder shall receive the award. The explanation shall |
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| 1264 | + | 20 appear in the appropriate volume of the Illinois Procurement |
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| 1265 | + | 21 Bulletin. The written explanation must include: |
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| 1266 | + | 22 (1) a description of the agency's needs; |
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| 1267 | + | 23 (2) a determination that the anticipated cost will be |
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| 1268 | + | 24 fair and reasonable; |
---|
| 1269 | + | 25 (3) a listing of all responsible and responsive |
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| 1270 | + | 26 bidders; and |
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| 1271 | + | |
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| 1272 | + | |
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| 1273 | + | |
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| 1274 | + | |
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| 1275 | + | |
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| 1276 | + | HB3641 Enrolled - 36 - LRB103 30390 HLH 56820 b |
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| 1277 | + | |
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| 1278 | + | |
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| 1279 | + | HB3641 Enrolled- 37 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 37 - LRB103 30390 HLH 56820 b |
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| 1280 | + | HB3641 Enrolled - 37 - LRB103 30390 HLH 56820 b |
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| 1281 | + | 1 (4) the name of the bidder selected, the total |
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| 1282 | + | 2 contract price, and the reasons for selecting that bidder. |
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| 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 |
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| 1286 | + | 6 Legislative Audit Commission, and the Commission on Equity and |
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| 1287 | + | 7 Inclusion, and the Procurement Policy Board, and be made |
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| 1288 | + | 8 available for inspection by the public, within 14 days after |
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| 1289 | + | 9 the agency's decision to award the contract. |
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| 1290 | + | 10 (g-5) Failed bid notice. In addition to the requirements |
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| 1291 | + | 11 of subsection (g), if a bidder has failed to be awarded a |
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| 1292 | + | 12 contract after 4 consecutive bids to provide the same services |
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| 1293 | + | 13 to the Department of Transportation, the Capital Development |
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| 1294 | + | 14 Board, or the Illinois State Toll Highway Authority, the |
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| 1295 | + | 15 applicable agency shall, in writing, detail why each of the 4 |
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| 1296 | + | 16 bids was not awarded to the bidder. The applicable agency |
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| 1297 | + | 17 shall submit by certified copy to the bidder the reason or |
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| 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 |
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| 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 |
---|
| 1307 | + | |
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| 1308 | + | |
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| 1309 | + | |
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| 1310 | + | |
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| 1311 | + | |
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| 1312 | + | HB3641 Enrolled - 37 - LRB103 30390 HLH 56820 b |
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| 1313 | + | |
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| 1314 | + | |
---|
| 1315 | + | HB3641 Enrolled- 38 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 38 - LRB103 30390 HLH 56820 b |
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| 1316 | + | HB3641 Enrolled - 38 - LRB103 30390 HLH 56820 b |
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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 |
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| 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 |
---|
| 1343 | + | |
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| 1344 | + | |
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| 1345 | + | |
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| 1346 | + | |
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| 1347 | + | |
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| 1348 | + | HB3641 Enrolled - 38 - LRB103 30390 HLH 56820 b |
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| 1349 | + | |
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| 1350 | + | |
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| 1351 | + | HB3641 Enrolled- 39 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 39 - LRB103 30390 HLH 56820 b |
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| 1352 | + | HB3641 Enrolled - 39 - LRB103 30390 HLH 56820 b |
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| 1353 | + | 1 auction bidding process after the chief procurement officer |
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| 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. |
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| 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 |
---|
| 1379 | + | |
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| 1380 | + | |
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| 1381 | + | |
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| 1382 | + | |
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| 1383 | + | |
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| 1384 | + | HB3641 Enrolled - 39 - LRB103 30390 HLH 56820 b |
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| 1385 | + | |
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| 1386 | + | |
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| 1387 | + | HB3641 Enrolled- 40 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 40 - LRB103 30390 HLH 56820 b |
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| 1388 | + | HB3641 Enrolled - 40 - LRB103 30390 HLH 56820 b |
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| 1389 | + | 1 officer and the lowest responsible bidder. |
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| 1390 | + | 2 This subsection does not apply to (i) procurements of |
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| 1391 | + | 3 professional and artistic services, (ii) telecommunications |
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| 1392 | + | 4 services, communication services, and information services, |
---|
| 1393 | + | 5 and (iii) contracts for construction projects, including |
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| 1394 | + | 6 design professional services. |
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| 1395 | + | 7 (Source: P.A. 102-29, eff. 6-25-21; 103-558, eff. 1-1-24.) |
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| 1396 | + | 8 Section 30. The Emergency Telephone System Act is amended |
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| 1397 | + | 9 by changing Sections 19, 30, and 35 as follows: |
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| 1398 | + | 10 (50 ILCS 750/19) |
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| 1399 | + | 11 (Section scheduled to be repealed on December 31, 2025) |
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| 1400 | + | 12 Sec. 19. Statewide 9-1-1 Advisory Board. |
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| 1401 | + | 13 (a) Beginning July 1, 2015, there is created the Statewide |
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| 1402 | + | 14 9-1-1 Advisory Board within the Illinois State Police. The |
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| 1403 | + | 15 Board shall consist of the following voting members: |
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| 1404 | + | 16 (1) The Director of the Illinois State Police, or his |
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| 1405 | + | 17 or her designee, who shall serve as chairman. |
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| 1406 | + | 18 (2) The Executive Director of the Commission, or his |
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| 1407 | + | 19 or her designee. |
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| 1408 | + | 20 (3) Members appointed by the Governor as follows: |
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| 1409 | + | 21 (A) one member representing the Illinois chapter |
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| 1410 | + | 22 of the National Emergency Number Association, or his |
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| 1411 | + | 23 or her designee; |
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| 1412 | + | 24 (B) one member representing the Illinois chapter |
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| 1413 | + | |
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| 1414 | + | |
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| 1415 | + | |
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| 1416 | + | |
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| 1417 | + | |
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| 1418 | + | HB3641 Enrolled - 40 - LRB103 30390 HLH 56820 b |
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| 1419 | + | |
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| 1420 | + | |
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| 1421 | + | HB3641 Enrolled- 41 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 41 - LRB103 30390 HLH 56820 b |
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| 1422 | + | HB3641 Enrolled - 41 - LRB103 30390 HLH 56820 b |
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| 1423 | + | 1 of the Association of Public-Safety Communications |
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| 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; |
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| 1427 | + | 5 (C-5) one member representing a county 9-1-1 |
---|
| 1428 | + | 6 system from a county with a population between 37,000 |
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| 1429 | + | 7 and 100,000; |
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| 1430 | + | 8 (D) one member representing a county 9-1-1 system |
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| 1431 | + | 9 from a county with a population between 100,001 and |
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| 1432 | + | 10 250,000; |
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| 1433 | + | 11 (E) one member representing a county 9-1-1 system |
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| 1434 | + | 12 from a county with a population of more than 250,000; |
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| 1435 | + | 13 (F) one member representing a municipal or |
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| 1436 | + | 14 intergovernmental cooperative 9-1-1 system, excluding |
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| 1437 | + | 15 any single municipality with a population over |
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| 1438 | + | 16 500,000; |
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| 1439 | + | 17 (G) one member representing the Illinois |
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| 1440 | + | 18 Association of Chiefs of Police; |
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| 1441 | + | 19 (H) one member representing the Illinois Sheriffs' |
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| 1442 | + | 20 Association; and |
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| 1443 | + | 21 (I) one member representing the Illinois Fire |
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| 1444 | + | 22 Chiefs Association. |
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| 1445 | + | 23 The Governor shall appoint the following non-voting |
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| 1446 | + | 24 members: (i) one member representing an incumbent local |
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| 1447 | + | 25 exchange 9-1-1 system provider; (ii) one member representing a |
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| 1448 | + | 26 non-incumbent local exchange 9-1-1 system provider; (iii) one |
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| 1449 | + | |
---|
| 1450 | + | |
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| 1451 | + | |
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| 1452 | + | |
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| 1453 | + | |
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| 1454 | + | HB3641 Enrolled - 41 - LRB103 30390 HLH 56820 b |
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| 1455 | + | |
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| 1456 | + | |
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| 1457 | + | HB3641 Enrolled- 42 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 42 - LRB103 30390 HLH 56820 b |
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| 1458 | + | HB3641 Enrolled - 42 - LRB103 30390 HLH 56820 b |
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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 |
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| 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 |
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| 1469 | + | 11 non-voting member of the Board during the 12 months prior to |
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| 1470 | + | 12 the repeal date of this Act to discuss legislative initiatives |
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| 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 |
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| 1475 | + | 17 initial term of 2 years, and the remaining voting members |
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| 1476 | + | 18 appointed by the Governor shall serve an initial term of 3 |
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| 1477 | + | 19 years. Thereafter, each appointment by the Governor shall be |
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| 1478 | + | 20 for a term of 3 years and until their respective successors are |
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| 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. |
---|
| 1485 | + | |
---|
| 1486 | + | |
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| 1487 | + | |
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| 1488 | + | |
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| 1489 | + | |
---|
| 1490 | + | HB3641 Enrolled - 42 - LRB103 30390 HLH 56820 b |
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| 1491 | + | |
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| 1492 | + | |
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| 1493 | + | HB3641 Enrolled- 43 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 43 - LRB103 30390 HLH 56820 b |
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| 1494 | + | HB3641 Enrolled - 43 - LRB103 30390 HLH 56820 b |
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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) |
---|
| 1520 | + | |
---|
| 1521 | + | |
---|
| 1522 | + | |
---|
| 1523 | + | |
---|
| 1524 | + | |
---|
| 1525 | + | HB3641 Enrolled - 43 - LRB103 30390 HLH 56820 b |
---|
| 1526 | + | |
---|
| 1527 | + | |
---|
| 1528 | + | HB3641 Enrolled- 44 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 44 - LRB103 30390 HLH 56820 b |
---|
| 1529 | + | HB3641 Enrolled - 44 - LRB103 30390 HLH 56820 b |
---|
| 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 |
---|
| 1556 | + | |
---|
| 1557 | + | |
---|
| 1558 | + | |
---|
| 1559 | + | |
---|
| 1560 | + | |
---|
| 1561 | + | HB3641 Enrolled - 44 - LRB103 30390 HLH 56820 b |
---|
| 1562 | + | |
---|
| 1563 | + | |
---|
| 1564 | + | HB3641 Enrolled- 45 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 45 - LRB103 30390 HLH 56820 b |
---|
| 1565 | + | HB3641 Enrolled - 45 - LRB103 30390 HLH 56820 b |
---|
| 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 |
---|
| 1592 | + | |
---|
| 1593 | + | |
---|
| 1594 | + | |
---|
| 1595 | + | |
---|
| 1596 | + | |
---|
| 1597 | + | HB3641 Enrolled - 45 - LRB103 30390 HLH 56820 b |
---|
| 1598 | + | |
---|
| 1599 | + | |
---|
| 1600 | + | HB3641 Enrolled- 46 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 46 - LRB103 30390 HLH 56820 b |
---|
| 1601 | + | HB3641 Enrolled - 46 - LRB103 30390 HLH 56820 b |
---|
| 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, |
---|
| 1628 | + | |
---|
| 1629 | + | |
---|
| 1630 | + | |
---|
| 1631 | + | |
---|
| 1632 | + | |
---|
| 1633 | + | HB3641 Enrolled - 46 - LRB103 30390 HLH 56820 b |
---|
| 1634 | + | |
---|
| 1635 | + | |
---|
| 1636 | + | HB3641 Enrolled- 47 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 47 - LRB103 30390 HLH 56820 b |
---|
| 1637 | + | HB3641 Enrolled - 47 - LRB103 30390 HLH 56820 b |
---|
| 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 |
---|
| 1664 | + | |
---|
| 1665 | + | |
---|
| 1666 | + | |
---|
| 1667 | + | |
---|
| 1668 | + | |
---|
| 1669 | + | HB3641 Enrolled - 47 - LRB103 30390 HLH 56820 b |
---|
| 1670 | + | |
---|
| 1671 | + | |
---|
| 1672 | + | HB3641 Enrolled- 48 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 48 - LRB103 30390 HLH 56820 b |
---|
| 1673 | + | HB3641 Enrolled - 48 - LRB103 30390 HLH 56820 b |
---|
| 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 |
---|
| 1700 | + | |
---|
| 1701 | + | |
---|
| 1702 | + | |
---|
| 1703 | + | |
---|
| 1704 | + | |
---|
| 1705 | + | HB3641 Enrolled - 48 - LRB103 30390 HLH 56820 b |
---|
| 1706 | + | |
---|
| 1707 | + | |
---|
| 1708 | + | HB3641 Enrolled- 49 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 49 - LRB103 30390 HLH 56820 b |
---|
| 1709 | + | HB3641 Enrolled - 49 - LRB103 30390 HLH 56820 b |
---|
| 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 |
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| 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 |
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| 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 |
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| 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. |
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| 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 | + | |
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| 1882 | + | |
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| 1883 | + | |
---|
| 1884 | + | HB3641 Enrolled - 53 - LRB103 30390 HLH 56820 b |
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| 1885 | + | |
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| 1886 | + | |
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| 1887 | + | HB3641 Enrolled- 54 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 54 - LRB103 30390 HLH 56820 b |
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| 1888 | + | HB3641 Enrolled - 54 - LRB103 30390 HLH 56820 b |
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| 1889 | + | 1 under this item accurately reflects one-twelfth of |
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| 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 |
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| 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 | + | |
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| 1918 | + | |
---|
| 1919 | + | |
---|
| 1920 | + | HB3641 Enrolled - 54 - LRB103 30390 HLH 56820 b |
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| 1921 | + | |
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| 1922 | + | |
---|
| 1923 | + | HB3641 Enrolled- 55 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 55 - LRB103 30390 HLH 56820 b |
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| 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 |
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| 1960 | + | HB3641 Enrolled - 56 - LRB103 30390 HLH 56820 b |
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| 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 | + | |
---|
| 2202 | + | |
---|
| 2203 | + | |
---|
| 2204 | + | HB3641 Enrolled - 62 - LRB103 30390 HLH 56820 b |
---|
| 2205 | + | |
---|
| 2206 | + | |
---|
| 2207 | + | HB3641 Enrolled- 63 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 63 - LRB103 30390 HLH 56820 b |
---|
| 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 | + | |
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| 2237 | + | |
---|
| 2238 | + | |
---|
| 2239 | + | |
---|
| 2240 | + | HB3641 Enrolled - 63 - LRB103 30390 HLH 56820 b |
---|
| 2241 | + | |
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| 2242 | + | |
---|
| 2243 | + | HB3641 Enrolled- 64 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 64 - LRB103 30390 HLH 56820 b |
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| 2244 | + | HB3641 Enrolled - 64 - LRB103 30390 HLH 56820 b |
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| 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 | + | |
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| 4095 | + | |
---|
| 4096 | + | |
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| 4097 | + | |
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| 4098 | + | HB3641 Enrolled - 115 - LRB103 30390 HLH 56820 b |
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| 4099 | + | |
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| 4100 | + | |
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| 4101 | + | HB3641 Enrolled- 116 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 116 - LRB103 30390 HLH 56820 b |
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| 4102 | + | HB3641 Enrolled - 116 - LRB103 30390 HLH 56820 b |
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| 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 |
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| 4135 | + | |
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| 4136 | + | |
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| 4137 | + | HB3641 Enrolled- 117 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 117 - LRB103 30390 HLH 56820 b |
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| 4138 | + | HB3641 Enrolled - 117 - LRB103 30390 HLH 56820 b |
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| 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 |
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| 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) |
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| 4443 | + | 17 Sec. 2. Definitions. As used in this Act, unless the |
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| 4444 | + | 18 context otherwise requires: |
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| 4445 | + | 19 (a) "Applicant" means any of the following claiming |
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| 4446 | + | 20 compensation under this Act: a victim, a person who was a |
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| 4447 | + | 21 dependent of a deceased victim of a crime of violence for the |
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| 4448 | + | 22 person's support at the time of the death of that victim, a |
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| 4449 | + | 23 person who legally assumes the obligation or who voluntarily |
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| 4450 | + | 24 pays the medical or the funeral or burial expenses incurred as |
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| 4451 | + | |
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| 4452 | + | |
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| 4453 | + | |
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| 4454 | + | |
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| 4455 | + | |
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| 4456 | + | HB3641 Enrolled - 125 - LRB103 30390 HLH 56820 b |
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| 4457 | + | |
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| 4458 | + | |
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| 4459 | + | HB3641 Enrolled- 126 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 126 - LRB103 30390 HLH 56820 b |
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| 4460 | + | HB3641 Enrolled - 126 - LRB103 30390 HLH 56820 b |
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| 4461 | + | 1 a direct result of the crime, and any other person who applies |
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| 4462 | + | 2 for compensation under this Act or any person the Court of |
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| 4463 | + | 3 Claims or the Attorney General finds is entitled to |
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| 4464 | + | 4 compensation, including the guardian of a minor or of a person |
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| 4465 | + | 5 under legal disability. It includes any person who was a |
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| 4466 | + | 6 dependent of a deceased victim of a crime of violence for his |
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| 4467 | + | 7 or her support at the time of the death of that victim. |
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| 4468 | + | 8 The changes made to this subsection by Public Act 101-652 |
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| 4469 | + | 9 apply to actions commenced or pending on or after January 1, |
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| 4470 | + | 10 2022. |
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| 4471 | + | 11 (b) "Court of Claims" means the Court of Claims created by |
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| 4472 | + | 12 the Court of Claims Act. |
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| 4473 | + | 13 (c) "Crime of violence" means and includes any offense |
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| 4474 | + | 14 defined in Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, |
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| 4475 | + | 15 10-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, |
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| 4476 | + | 16 11-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-23, 11-23.5, |
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| 4477 | + | 17 12-1, 12-2, 12-3, 12-3.1, 12-3.2, 12-3.3, 12-3.4, 12-4, |
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| 4478 | + | 18 12-4.1, 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13, |
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| 4479 | + | 19 12-14, 12-14.1, 12-15, 12-16, 12-20.5, 12-30, 20-1 or 20-1.1, |
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| 4480 | + | 20 or Section 12-3.05 except for subdivision (a)(4) or (g)(1), or |
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| 4481 | + | 21 subdivision (a)(4) of Section 11-14.4, of the Criminal Code of |
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| 4482 | + | 22 1961 or the Criminal Code of 2012, Sections 1(a) and 1(a-5) of |
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| 4483 | + | 23 the Cemetery Protection Act, Section 125 of the Stalking No |
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| 4484 | + | 24 Contact Order Act, Section 219 of the Civil No Contact Order |
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| 4485 | + | 25 Act, driving under the influence as defined in Section 11-501 |
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| 4486 | + | 26 of the Illinois Vehicle Code, a violation of Section 11-401 of |
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| 4487 | + | |
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| 4488 | + | |
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| 4489 | + | |
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| 4490 | + | |
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| 4491 | + | |
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| 4492 | + | HB3641 Enrolled - 126 - LRB103 30390 HLH 56820 b |
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| 4493 | + | |
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| 4494 | + | |
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| 4495 | + | HB3641 Enrolled- 127 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 127 - LRB103 30390 HLH 56820 b |
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| 4496 | + | HB3641 Enrolled - 127 - LRB103 30390 HLH 56820 b |
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| 4497 | + | 1 the Illinois Vehicle Code, provided the victim was a |
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| 4498 | + | 2 pedestrian or was operating a vehicle moved solely by human |
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| 4499 | + | 3 power or a mobility device at the time of contact, and a |
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| 4500 | + | 4 violation of Section 11-204.1 of the Illinois Vehicle Code; so |
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| 4501 | + | 5 long as the offense did not occur during a civil riot, |
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| 4502 | + | 6 insurrection or rebellion. "Crime of violence" does not |
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| 4503 | + | 7 include any other offense or crash involving a motor vehicle |
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| 4504 | + | 8 except those vehicle offenses specifically provided for in |
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| 4505 | + | 9 this paragraph. "Crime of violence" does include all of the |
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| 4506 | + | 10 offenses specifically provided for in this paragraph that |
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| 4507 | + | 11 occur within this State but are subject to federal |
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| 4508 | + | 12 jurisdiction and crimes involving terrorism as defined in 18 |
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| 4509 | + | 13 U.S.C. 2331. |
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| 4510 | + | 14 (d) "Victim" means (1) a person killed or injured in this |
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| 4511 | + | 15 State as a result of a crime of violence perpetrated or |
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| 4512 | + | 16 attempted against him or her, (2) the spouse, parent, or child |
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| 4513 | + | 17 of a person killed or injured in this State as a result of a |
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| 4514 | + | 18 crime of violence perpetrated or attempted against the person, |
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| 4515 | + | 19 or anyone living in the household of a person killed or injured |
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| 4516 | + | 20 in a relationship that is substantially similar to that of a |
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| 4517 | + | 21 parent, spouse, or child, (3) a person killed or injured in |
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| 4518 | + | 22 this State while attempting to assist a person against whom a |
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| 4519 | + | 23 crime of violence is being perpetrated or attempted, if that |
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| 4520 | + | 24 attempt of assistance would be expected of a reasonable person |
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| 4521 | + | 25 under the circumstances, (4) a person killed or injured in |
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| 4522 | + | 26 this State while assisting a law enforcement official |
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| 4523 | + | |
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| 4524 | + | |
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| 4525 | + | |
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| 4526 | + | |
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| 4527 | + | |
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| 4528 | + | HB3641 Enrolled - 127 - LRB103 30390 HLH 56820 b |
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| 4529 | + | |
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| 4530 | + | |
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| 4531 | + | HB3641 Enrolled- 128 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 128 - LRB103 30390 HLH 56820 b |
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| 4532 | + | HB3641 Enrolled - 128 - LRB103 30390 HLH 56820 b |
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| 4533 | + | 1 apprehend a person who has perpetrated a crime of violence or |
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| 4534 | + | 2 prevent the perpetration of any such crime if that assistance |
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| 4535 | + | 3 was in response to the express request of the law enforcement |
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| 4536 | + | 4 official, (5) a person who personally witnessed a violent |
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| 4537 | + | 5 crime, (5.05) a person who will be called as a witness by the |
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| 4538 | + | 6 prosecution to establish a necessary nexus between the |
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| 4539 | + | 7 offender and the violent crime, (5.1) solely for the purpose |
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| 4540 | + | 8 of compensating for pecuniary loss incurred for psychological |
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| 4541 | + | 9 treatment of a mental or emotional condition caused or |
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| 4542 | + | 10 aggravated by the crime, any other person under the age of 18 |
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| 4543 | + | 11 who is the brother, sister, half brother, or half sister of a |
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| 4544 | + | 12 person killed or injured in this State as a result of a crime |
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| 4545 | + | 13 of violence, (6) an Illinois resident who is a victim of a |
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| 4546 | + | 14 "crime of violence" as defined in this Act except, if the crime |
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| 4547 | + | 15 occurred outside this State, the resident has the same rights |
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| 4548 | + | 16 under this Act as if the crime had occurred in this State upon |
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| 4549 | + | 17 a showing that the state, territory, country, or political |
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| 4550 | + | 18 subdivision of a country in which the crime occurred does not |
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| 4551 | + | 19 have a compensation of victims of crimes law for which that |
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| 4552 | + | 20 Illinois resident is eligible, (7) the parent, spouse, or |
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| 4553 | + | 21 child of a deceased person whose body is dismembered or whose |
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| 4554 | + | 22 remains are desecrated as the result of a crime of violence, or |
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| 4555 | + | 23 (8) (blank) solely for the purpose of compensating for |
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| 4556 | + | 24 pecuniary loss incurred for psychological treatment of a |
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| 4557 | + | 25 mental or emotional condition caused or aggravated by the |
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| 4558 | + | 26 crime, any parent, spouse, or child under the age of 18 of a |
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| 4559 | + | |
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| 4560 | + | |
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| 4561 | + | |
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| 4562 | + | |
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| 4563 | + | |
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| 4564 | + | HB3641 Enrolled - 128 - LRB103 30390 HLH 56820 b |
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| 4565 | + | |
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| 4566 | + | |
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| 4567 | + | HB3641 Enrolled- 129 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 129 - LRB103 30390 HLH 56820 b |
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| 4568 | + | HB3641 Enrolled - 129 - LRB103 30390 HLH 56820 b |
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| 4569 | + | 1 deceased person whose body is dismembered or whose remains are |
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| 4570 | + | 2 desecrated as the result of a crime of violence. |
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| 4571 | + | 3 (e) "Dependent" means a relative of a deceased victim who |
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| 4572 | + | 4 was wholly or partially dependent upon the victim's income at |
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| 4573 | + | 5 the time of his or her death and shall include the child of a |
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| 4574 | + | 6 victim born after his or her death. |
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| 4575 | + | 7 (f) "Relative" means a spouse, parent, grandparent, |
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| 4576 | + | 8 stepfather, stepmother, child, grandchild, brother, |
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| 4577 | + | 9 brother-in-law, sister, sister-in-law, half brother, half |
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| 4578 | + | 10 sister, spouse's parent, nephew, niece, uncle, aunt, or anyone |
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| 4579 | + | 11 living in the household of a person killed or injured in a |
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| 4580 | + | 12 relationship that is substantially similar to that of a |
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| 4581 | + | 13 parent, spouse, or child. |
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| 4582 | + | 14 (g) "Child" means a son or daughter and includes a |
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| 4583 | + | 15 stepchild, an adopted child or a child born out of wedlock. |
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| 4584 | + | 16 (h) "Pecuniary loss" means: , |
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| 4585 | + | 17 (1) in the case of injury, appropriate medical |
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| 4586 | + | 18 expenses and hospital expenses including expenses of |
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| 4587 | + | 19 medical examinations, rehabilitation, medically required |
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| 4588 | + | 20 nursing care expenses, appropriate psychiatric care or |
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| 4589 | + | 21 psychiatric counseling expenses, appropriate expenses for |
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| 4590 | + | 22 care or counseling by a licensed clinical psychologist, |
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| 4591 | + | 23 licensed clinical social worker, licensed professional |
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| 4592 | + | 24 counselor, or licensed clinical professional counselor and |
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| 4593 | + | 25 expenses for treatment by Christian Science practitioners |
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| 4594 | + | 26 and nursing care appropriate thereto; |
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| 4595 | + | |
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| 4596 | + | |
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| 4597 | + | |
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| 4598 | + | |
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| 4599 | + | |
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| 4600 | + | HB3641 Enrolled - 129 - LRB103 30390 HLH 56820 b |
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| 4601 | + | |
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| 4602 | + | |
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| 4603 | + | HB3641 Enrolled- 130 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 130 - LRB103 30390 HLH 56820 b |
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| 4604 | + | HB3641 Enrolled - 130 - LRB103 30390 HLH 56820 b |
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| 4605 | + | 1 (2) transportation expenses to and from medical and |
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| 4606 | + | 2 counseling treatment facilities; |
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| 4607 | + | 3 (3) prosthetic appliances, eyeglasses, and hearing |
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| 4608 | + | 4 aids necessary or damaged as a result of the crime; |
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| 4609 | + | 5 (4) expenses incurred for the towing and storage of a |
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| 4610 | + | 6 victim's vehicle in connection with a crime of violence, |
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| 4611 | + | 7 to a maximum of $1,000; |
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| 4612 | + | 8 (5) costs associated with trafficking tattoo removal |
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| 4613 | + | 9 by a person authorized or licensed to perform the specific |
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| 4614 | + | 10 removal procedure; |
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| 4615 | + | 11 (6) replacement costs for clothing and bedding used as |
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| 4616 | + | 12 evidence; |
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| 4617 | + | 13 (7) costs associated with temporary lodging or |
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| 4618 | + | 14 relocation necessary as a result of the crime, including, |
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| 4619 | + | 15 but not limited to, the first 2 months' month's rent and |
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| 4620 | + | 16 security deposit of the dwelling that the claimant |
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| 4621 | + | 17 relocated to and other reasonable relocation expenses |
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| 4622 | + | 18 incurred as a result of the violent crime; |
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| 4623 | + | 19 (8) locks or windows necessary or damaged as a result |
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| 4624 | + | 20 of the crime; |
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| 4625 | + | 21 (9) the purchase, lease, or rental of equipment |
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| 4626 | + | 22 necessary to create usability of and accessibility to the |
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| 4627 | + | 23 victim's real and personal property, or the real and |
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| 4628 | + | 24 personal property which is used by the victim, necessary |
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| 4629 | + | 25 as a result of the crime; "real and personal property" |
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| 4630 | + | 26 includes, but is not limited to, vehicles, houses, |
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| 4631 | + | |
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| 4632 | + | |
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| 4633 | + | |
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| 4634 | + | |
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| 4635 | + | |
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| 4636 | + | HB3641 Enrolled - 130 - LRB103 30390 HLH 56820 b |
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| 4637 | + | |
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| 4638 | + | |
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| 4639 | + | HB3641 Enrolled- 131 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 131 - LRB103 30390 HLH 56820 b |
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| 4640 | + | HB3641 Enrolled - 131 - LRB103 30390 HLH 56820 b |
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| 4641 | + | 1 apartments, townhouses, or condominiums; |
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| 4642 | + | 2 (10) the costs of appropriate crime scene clean-up; |
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| 4643 | + | 3 (11) replacement services loss, to a maximum of $1,250 |
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| 4644 | + | 4 per month, with this amount to be divided in proportion to |
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| 4645 | + | 5 the amount of the actual loss among those entitled to |
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| 4646 | + | 6 compensation; |
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| 4647 | + | 7 (12) dependents replacement services loss, to a |
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| 4648 | + | 8 maximum of $1,250 per month, with this amount to be |
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| 4649 | + | 9 divided in proportion to the amount of the actual loss |
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| 4650 | + | 10 among those entitled to compensation; |
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| 4651 | + | 11 (13) loss of tuition paid to attend grammar school or |
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| 4652 | + | 12 high school when the victim had been enrolled as a student |
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| 4653 | + | 13 prior to the injury, or college or graduate school when |
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| 4654 | + | 14 the victim had been enrolled as a day or night student |
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| 4655 | + | 15 prior to the injury when the victim becomes unable to |
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| 4656 | + | 16 continue attendance at school as a result of the crime of |
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| 4657 | + | 17 violence perpetrated against him or her; |
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| 4658 | + | 18 (14) loss of earnings, loss of future earnings because |
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| 4659 | + | 19 of disability resulting from the injury. Loss of future |
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| 4660 | + | 20 earnings shall be reduced by any income from substitute |
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| 4661 | + | 21 work actually performed by the victim or by income the |
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| 4662 | + | 22 victim would have earned in available appropriate |
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| 4663 | + | 23 substitute work the victim was capable of performing but |
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| 4664 | + | 24 unreasonably failed to undertake; loss of earnings and |
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| 4665 | + | 25 loss of future earnings shall be determined on the basis |
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| 4666 | + | 26 of the victim's average net monthly earnings for the 6 |
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| 4667 | + | |
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| 4668 | + | |
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| 4669 | + | |
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| 4670 | + | |
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| 4671 | + | |
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| 4672 | + | HB3641 Enrolled - 131 - LRB103 30390 HLH 56820 b |
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| 4673 | + | |
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| 4674 | + | |
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| 4675 | + | HB3641 Enrolled- 132 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 132 - LRB103 30390 HLH 56820 b |
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| 4676 | + | HB3641 Enrolled - 132 - LRB103 30390 HLH 56820 b |
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| 4677 | + | 1 months immediately preceding the date of the injury or on |
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| 4678 | + | 2 $2,400 per month, whichever is less, or, in cases where |
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| 4679 | + | 3 the absences commenced more than 3 years from the date of |
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| 4680 | + | 4 the crime, on the basis of the net monthly earnings for the |
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| 4681 | + | 5 6 months immediately preceding the date of the first |
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| 4682 | + | 6 absence, not to exceed $2,400 per month; , |
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| 4683 | + | 7 (15) loss of support of the dependents of the victim. |
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| 4684 | + | 8 Loss of support shall be determined on the basis of the |
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| 4685 | + | 9 victim's average net monthly earnings for the 6 months |
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| 4686 | + | 10 immediately preceding the date of the injury or on $2,400 |
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| 4687 | + | 11 per month, whichever is less, or, in cases where the |
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| 4688 | + | 12 absences commenced more than 3 years from the date of the |
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| 4689 | + | 13 crime, on the basis of the net monthly earnings for the 6 |
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| 4690 | + | 14 months immediately preceding the date of the first |
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| 4691 | + | 15 absence, not to exceed $2,400 per month. If a divorced or |
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| 4692 | + | 16 legally separated applicant is claiming loss of support |
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| 4693 | + | 17 for a minor child of the deceased, the amount of support |
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| 4694 | + | 18 for each child shall be based either on the amount of |
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| 4695 | + | 19 support pursuant to the judgment prior to the date of the |
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| 4696 | + | 20 deceased victim's injury or death, or, if the subject of |
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| 4697 | + | 21 pending litigation filed by or on behalf of the divorced |
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| 4698 | + | 22 or legally separated applicant prior to the injury or |
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| 4699 | + | 23 death, on the result of that litigation. Loss of support |
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| 4700 | + | 24 for minors shall be divided in proportion to the amount of |
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| 4701 | + | 25 the actual loss among those entitled to such compensation; |
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| 4702 | + | 26 (16) and, in addition, in the case of death, expenses |
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| 4703 | + | |
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| 4704 | + | |
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| 4705 | + | |
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| 4706 | + | |
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| 4707 | + | |
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| 4708 | + | HB3641 Enrolled - 132 - LRB103 30390 HLH 56820 b |
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| 4709 | + | |
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| 4710 | + | |
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| 4711 | + | HB3641 Enrolled- 133 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 133 - LRB103 30390 HLH 56820 b |
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| 4712 | + | HB3641 Enrolled - 133 - LRB103 30390 HLH 56820 b |
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| 4713 | + | 1 for reasonable funeral, burial, and travel and transport |
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| 4714 | + | 2 for survivors of homicide victims to secure bodies of |
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| 4715 | + | 3 deceased victims and to transport bodies for burial all of |
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| 4716 | + | 4 which may be awarded up to a maximum of $10,000 for each |
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| 4717 | + | 5 victim. Other individuals that have paid or become |
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| 4718 | + | 6 obligated to pay funeral or burial expenses for the |
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| 4719 | + | 7 deceased shall share a maximum award of $10,000, with the |
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| 4720 | + | 8 award divided in proportion to the amount of the actual |
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| 4721 | + | 9 loss among those entitled to compensation; and and loss of |
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| 4722 | + | 10 support of the dependents of the victim; |
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| 4723 | + | 11 (17) in the case of dismemberment or desecration of a |
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| 4724 | + | 12 body, expenses for reasonable funeral and burial, all of |
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| 4725 | + | 13 which may be awarded up to a maximum of $10,000 for each |
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| 4726 | + | 14 victim. Other individuals that have paid or become |
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| 4727 | + | 15 obligated to pay funeral or burial expenses for the |
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| 4728 | + | 16 deceased shall share a maximum award of $10,000, with the |
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| 4729 | + | 17 award divided in proportion to the amount of the actual |
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| 4730 | + | 18 loss among those entitled to compensation. Loss of future |
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| 4731 | + | 19 earnings shall be reduced by any income from substitute |
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| 4732 | + | 20 work actually performed by the victim or by income he or |
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| 4733 | + | 21 she would have earned in available appropriate substitute |
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| 4734 | + | 22 work he or she was capable of performing but unreasonably |
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| 4735 | + | 23 failed to undertake. Loss of earnings, loss of future |
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| 4736 | + | 24 earnings and loss of support shall be determined on the |
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| 4737 | + | 25 basis of the victim's average net monthly earnings for the |
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| 4738 | + | 26 6 months immediately preceding the date of the injury or |
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| 4739 | + | |
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| 4740 | + | |
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| 4741 | + | |
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| 4742 | + | |
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| 4743 | + | |
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| 4744 | + | HB3641 Enrolled - 133 - LRB103 30390 HLH 56820 b |
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| 4745 | + | |
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| 4746 | + | |
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| 4747 | + | HB3641 Enrolled- 134 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 134 - LRB103 30390 HLH 56820 b |
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| 4748 | + | HB3641 Enrolled - 134 - LRB103 30390 HLH 56820 b |
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| 4749 | + | 1 on $2,400 per month, whichever is less or, in cases where |
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| 4750 | + | 2 the absences commenced more than 3 years from the date of |
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| 4751 | + | 3 the crime, on the basis of the net monthly earnings for the |
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| 4752 | + | 4 6 months immediately preceding the date of the first |
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| 4753 | + | 5 absence, not to exceed $2,400 per month. If a divorced or |
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| 4754 | + | 6 legally separated applicant is claiming loss of support |
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| 4755 | + | 7 for a minor child of the deceased, the amount of support |
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| 4756 | + | 8 for each child shall be based either on the amount of |
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| 4757 | + | 9 support pursuant to the judgment prior to the date of the |
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| 4758 | + | 10 deceased victim's injury or death, or, if the subject of |
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| 4759 | + | 11 pending litigation filed by or on behalf of the divorced |
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| 4760 | + | 12 or legally separated applicant prior to the injury or |
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| 4761 | + | 13 death, on the result of that litigation. Real and personal |
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| 4762 | + | 14 property includes, but is not limited to, vehicles, |
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| 4763 | + | 15 houses, apartments, town houses, or condominiums. |
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| 4764 | + | 16 "Pecuniary loss" does not include pain and suffering or |
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| 4765 | + | 17 property loss or damage. |
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| 4766 | + | 18 The changes made to this subsection by Public Act 101-652 |
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| 4767 | + | 19 apply to actions commenced or pending on or after January 1, |
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| 4768 | + | 20 2022. |
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| 4769 | + | 21 (i) "Replacement services loss" means expenses reasonably |
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| 4770 | + | 22 incurred in obtaining ordinary and necessary services in lieu |
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| 4771 | + | 23 of those the injured person would have performed, not for |
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| 4772 | + | 24 income, but for the benefit of himself or herself or his or her |
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| 4773 | + | 25 family, if he or she had not been injured. |
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| 4774 | + | 26 (j) "Dependents replacement services loss" means loss |
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| 4775 | + | |
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| 4776 | + | |
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| 4777 | + | |
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| 4778 | + | |
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| 4779 | + | |
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| 4780 | + | HB3641 Enrolled - 134 - LRB103 30390 HLH 56820 b |
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| 4781 | + | |
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| 4782 | + | |
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| 4783 | + | HB3641 Enrolled- 135 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 135 - LRB103 30390 HLH 56820 b |
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| 4784 | + | HB3641 Enrolled - 135 - LRB103 30390 HLH 56820 b |
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| 4785 | + | 1 reasonably incurred by dependents or private legal guardians |
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| 4786 | + | 2 of minor dependents after a victim's death in obtaining |
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| 4787 | + | 3 ordinary and necessary services in lieu of those the victim |
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| 4788 | + | 4 would have performed, not for income, but for their benefit, |
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| 4789 | + | 5 if he or she had not been fatally injured. |
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| 4790 | + | 6 (k) "Survivor" means immediate family including a parent, |
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| 4791 | + | 7 stepfather, stepmother, child, brother, sister, or spouse. |
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| 4792 | + | 8 (l) "Parent" means a natural parent, adopted parent, |
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| 4793 | + | 9 stepparent, or permanent legal guardian of another person. |
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| 4794 | + | 10 (m) "Trafficking tattoo" is a tattoo which is applied to a |
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| 4795 | + | 11 victim in connection with the commission of a violation of |
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| 4796 | + | 12 Section 10-9 of the Criminal Code of 2012. |
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| 4797 | + | 13 (Source: P.A. 102-27, eff. 6-25-21; 102-905, eff. 1-1-23; |
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| 4798 | + | 14 102-982, eff. 7-1-23; 103-154, eff. 6-30-23.) |
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| 4799 | + | 15 (740 ILCS 45/10.1) (from Ch. 70, par. 80.1) |
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| 4800 | + | 16 Sec. 10.1. Award Amount of compensation. The awarding of |
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| 4801 | + | 17 compensation and the amount of compensation to which an |
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| 4802 | + | 18 applicant and other persons are entitled shall be based on the |
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| 4803 | + | 19 following factors: |
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| 4804 | + | 20 (a) Each A victim may be compensated for his or her |
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| 4805 | + | 21 pecuniary loss up the maximum amount allowable. |
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| 4806 | + | 22 (b) Each A dependent may be compensated for loss of |
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| 4807 | + | 23 support, as provided in paragraph (15) of subsection (h) |
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| 4808 | + | 24 of Section 2. |
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| 4809 | + | 25 (c) Any person, even though not dependent upon the |
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| 4810 | + | |
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| 4811 | + | |
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| 4812 | + | |
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| 4813 | + | |
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| 4814 | + | |
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| 4815 | + | HB3641 Enrolled - 135 - LRB103 30390 HLH 56820 b |
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| 4816 | + | |
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| 4817 | + | |
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| 4818 | + | HB3641 Enrolled- 136 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 136 - LRB103 30390 HLH 56820 b |
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| 4819 | + | HB3641 Enrolled - 136 - LRB103 30390 HLH 56820 b |
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| 4820 | + | 1 victim for his or her support, may be compensated for |
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| 4821 | + | 2 reasonable expenses of the victim to the extent to which |
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| 4822 | + | 3 he or she has paid or become obligated to pay such expenses |
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| 4823 | + | 4 and only after compensation for reasonable funeral, |
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| 4824 | + | 5 medical and hospital expenses of the victim have been |
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| 4825 | + | 6 awarded may compensation be made for reasonable expenses |
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| 4826 | + | 7 of the victim incurred for psychological treatment of a |
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| 4827 | + | 8 mental or emotional condition caused or aggravated by the |
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| 4828 | + | 9 crime. Persons that have paid or become obligated to pay |
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| 4829 | + | 10 expenses for a victim shall share the maximum award with |
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| 4830 | + | 11 the amount divided in proportion to the amount of the |
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| 4831 | + | 12 actual loss among those entitled to compensation. |
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| 4832 | + | 13 (d) An award shall be reduced or denied according to |
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| 4833 | + | 14 the extent to which the victim's injury or death was |
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| 4834 | + | 15 caused by provocation or incitement by the victim or the |
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| 4835 | + | 16 victim assisting, attempting, or committing a criminal |
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| 4836 | + | 17 act. A denial or reduction shall not automatically bar the |
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| 4837 | + | 18 survivors of homicide victims from receiving compensation |
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| 4838 | + | 19 for counseling, crime scene cleanup, relocation, funeral |
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| 4839 | + | 20 or burial costs, and loss of support if the survivor's |
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| 4840 | + | 21 actions have not initiated, provoked, or aggravated the |
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| 4841 | + | 22 suspect into initiating the qualifying crime. |
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| 4842 | + | 23 (e) An award shall be reduced by the amount of |
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| 4843 | + | 24 benefits, payments or awards payable under those sources |
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| 4844 | + | 25 which are required to be listed under item (7) of Section |
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| 4845 | + | 26 7.1(a) and any other sources except annuities, pension |
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| 4846 | + | |
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| 4847 | + | |
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| 4848 | + | |
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| 4849 | + | |
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| 4850 | + | |
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| 4851 | + | HB3641 Enrolled - 136 - LRB103 30390 HLH 56820 b |
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| 4852 | + | |
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| 4853 | + | |
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| 4854 | + | HB3641 Enrolled- 137 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 137 - LRB103 30390 HLH 56820 b |
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| 4855 | + | HB3641 Enrolled - 137 - LRB103 30390 HLH 56820 b |
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| 4856 | + | 1 plans, Federal Social Security payments payable to |
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| 4857 | + | 2 dependents of the victim and the net proceeds of the first |
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| 4858 | + | 3 $25,000 of life insurance that would inure to the benefit |
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| 4859 | + | 4 of the applicant, which the applicant or any other person |
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| 4860 | + | 5 dependent for the support of a deceased victim, as the |
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| 4861 | + | 6 case may be, has received or to which he or she is entitled |
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| 4862 | + | 7 as a result of injury to or death of the victim. |
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| 4863 | + | 8 (f) A final award shall not exceed $10,000 for a crime |
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| 4864 | + | 9 committed prior to September 22, 1979, $15,000 for a crime |
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| 4865 | + | 10 committed on or after September 22, 1979 and prior to |
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| 4866 | + | 11 January 1, 1986, $25,000 for a crime committed on or after |
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| 4867 | + | 12 January 1, 1986 and prior to August 7, 1998, $27,000 for a |
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| 4868 | + | 13 crime committed on or after August 7, 1998 and prior to |
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| 4869 | + | 14 August 7, 2022, or $45,000 per victim for a crime |
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| 4870 | + | 15 committed on or after August 7, 2022. For any applicant |
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| 4871 | + | 16 who is not a victim, if If the total pecuniary loss is |
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| 4872 | + | 17 greater than the maximum amount allowed, the award shall |
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| 4873 | + | 18 be divided in proportion to the amount of actual loss |
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| 4874 | + | 19 among those entitled to compensation who are not victims. |
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| 4875 | + | 20 (g) Compensation under this Act is a secondary source |
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| 4876 | + | 21 of compensation and the applicant must show that he or she |
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| 4877 | + | 22 has exhausted the benefits reasonably available under the |
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| 4878 | + | 23 Criminal Victims' Escrow Account Act or any governmental |
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| 4879 | + | 24 or medical or health insurance programs, including, but |
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| 4880 | + | 25 not limited to, Workers' Compensation, the Federal |
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| 4881 | + | 26 Medicare program, the State Public Aid program, Social |
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| 4882 | + | |
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| 4883 | + | |
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| 4884 | + | |
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| 4885 | + | |
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| 4886 | + | |
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| 4887 | + | HB3641 Enrolled - 137 - LRB103 30390 HLH 56820 b |
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| 4888 | + | |
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| 4889 | + | |
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| 4890 | + | HB3641 Enrolled- 138 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 138 - LRB103 30390 HLH 56820 b |
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| 4891 | + | HB3641 Enrolled - 138 - LRB103 30390 HLH 56820 b |
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| 4892 | + | 1 Security Administration burial benefits, and Veterans |
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| 4893 | + | 2 Administration burial benefits, and life, health, |
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| 4894 | + | 3 accident, full vehicle coverage (including towing |
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| 4895 | + | 4 insurance, if available), or liability insurance. |
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| 4896 | + | 5 (Source: P.A. 102-27, eff. 1-1-22; 102-905, eff. 1-1-23.) |
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| 4897 | + | 6 Section 65. The Day and Temporary Labor Services Act is |
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| 4898 | + | 7 amended by changing Section 42 as follows: |
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| 4899 | + | 8 (820 ILCS 175/42) |
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| 4900 | + | 9 Sec. 42. Equal pay for equal work. A day or temporary |
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| 4901 | + | 10 laborer who is assigned to work at a third party client for |
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| 4902 | + | 11 more than 90 calendar days shall be paid not less than the rate |
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| 4903 | + | 12 of pay and equivalent benefits as the lowest paid directly |
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| 4904 | + | 13 hired employee of the third party client with the same level of |
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| 4905 | + | 14 seniority at the company and performing the same or |
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| 4906 | + | 15 substantially similar work on jobs the performance of which |
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| 4907 | + | 16 requires substantially similar skill, effort, and |
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| 4908 | + | 17 responsibility, and that are performed under similar working |
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| 4909 | + | 18 conditions. If there is not a directly hired comparative |
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| 4910 | + | 19 employee of the third party client, the day or temporary |
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| 4911 | + | 20 laborer shall be paid not less than the rate of pay and |
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| 4912 | + | 21 equivalent benefits of the lowest paid direct hired employee |
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| 4913 | + | 22 of the company with the closest level of seniority at the |
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| 4914 | + | 23 company. A day and temporary labor service agency may pay the |
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| 4915 | + | 24 hourly cash equivalent of the actual cost benefits in lieu of |
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| 4916 | + | |
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| 4917 | + | |
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| 4918 | + | |
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| 4919 | + | |
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| 4920 | + | |
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| 4921 | + | HB3641 Enrolled - 138 - LRB103 30390 HLH 56820 b |
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| 4922 | + | |
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| 4923 | + | |
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| 4924 | + | HB3641 Enrolled- 139 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 139 - LRB103 30390 HLH 56820 b |
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| 4925 | + | HB3641 Enrolled - 139 - LRB103 30390 HLH 56820 b |
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| 4926 | + | 1 benefits required under this Section. Upon request, a third |
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| 4927 | + | 2 party client to which a day or temporary laborer has been |
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| 4928 | + | 3 assigned for more than 90 calendar days shall be obligated to |
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| 4929 | + | 4 timely provide the day and temporary labor service agency with |
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| 4930 | + | 5 all necessary information related to job duties, pay, and |
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| 4931 | + | 6 benefits of directly hired employees necessary for the day and |
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| 4932 | + | 7 temporary labor service agency to comply with this Section. |
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| 4933 | + | 8 The failure by a third party client to provide any of the |
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| 4934 | + | 9 information required under this Section shall constitute a |
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| 4935 | + | 10 notice violation by the third party client under Section 95. |
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| 4936 | + | 11 For purposes of this Section, the day and temporary labor |
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| 4937 | + | 12 service agency shall be considered a person aggrieved as |
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| 4938 | + | 13 described in Section 95. For the purposes of this Section, the |
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| 4939 | + | 14 calculation of the 90 calendar days may not begin until April |
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| 4940 | + | 15 1, 2024. |
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| 4941 | + | 16 (Source: P.A. 103-437, eff. 8-4-23.) |
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| 4942 | + | 17 Section 95. No acceleration or delay. Where this Act makes |
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| 4943 | + | 18 changes in a statute that is represented in this Act by text |
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| 4944 | + | 19 that is not yet or no longer in effect (for example, a Section |
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| 4945 | + | 20 represented by multiple versions), the use of that text does |
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| 4946 | + | 21 not accelerate or delay the taking effect of (i) the changes |
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| 4947 | + | 22 made by this Act or (ii) provisions derived from any other |
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| 4948 | + | 23 Public Act. |
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| 4949 | + | |
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| 4950 | + | |
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| 4951 | + | |
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| 4952 | + | |
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| 4953 | + | |
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| 4954 | + | HB3641 Enrolled - 139 - LRB103 30390 HLH 56820 b |
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