Illinois 2023-2024 Regular Session

Illinois House Bill HB3641 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0564
2	1		HB3641 EnrolledLRB103 30390 HLH 56820 b HB3641 Enrolled LRB103 30390 HLH 56820 b
3	2		HB3641 Enrolled LRB103 30390 HLH 56820 b
4		-	AN ACT concerning State government.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The State Employees Group Insurance Act of 1971
8		-	is amended by changing Section 6.11C as follows:
9		-	(5 ILCS 375/6.11C)
10		-	(This Section may contain text from a Public Act with a
11		-	delayed effective date)
12		-	Sec. 6.11C. Coverage for injectable medicines to improve
13		-	glucose or weight loss. Beginning on July 1, 2024, January 1,
14		-	2024, the State Employees Group Insurance Program shall
15		-	provide coverage for all types of medically necessary, as
16		-	determined by a physician licensed to practice medicine in all
17		-	its branches, injectable medicines prescribed on-label or
18		-	off-label to improve glucose or weight loss for use by adults
19		-	diagnosed or previously diagnosed with prediabetes,
20		-	gestational diabetes, or obesity. To continue to qualify for
21		-	coverage under this Section, the continued treatment must be
22		-	medically necessary, and covered members must, if given
23		-	advance, written notice, participate in a lifestyle management
24		-	plan administered by their health plan. This Section does not
25		-	apply to individuals covered by a Medicare Advantage
26		-	Prescription Drug Plan.
	3	+	1 AN ACT concerning State government.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The State Employees Group Insurance Act of 1971
	7	+	5 is amended by changing Section 6.11C as follows:
	8	+	6 (5 ILCS 375/6.11C)
	9	+	7 (This Section may contain text from a Public Act with a
	10	+	8 delayed effective date)
	11	+	9 Sec. 6.11C. Coverage for injectable medicines to improve
	12	+	10 glucose or weight loss. Beginning on July 1, 2024, January 1,
	13	+	11 2024, the State Employees Group Insurance Program shall
	14	+	12 provide coverage for all types of medically necessary, as
	15	+	13 determined by a physician licensed to practice medicine in all
	16	+	14 its branches, injectable medicines prescribed on-label or
	17	+	15 off-label to improve glucose or weight loss for use by adults
	18	+	16 diagnosed or previously diagnosed with prediabetes,
	19	+	17 gestational diabetes, or obesity. To continue to qualify for
	20	+	18 coverage under this Section, the continued treatment must be
	21	+	19 medically necessary, and covered members must, if given
	22	+	20 advance, written notice, participate in a lifestyle management
	23	+	21 plan administered by their health plan. This Section does not
	24	+	22 apply to individuals covered by a Medicare Advantage
	25	+	23 Prescription Drug Plan.
27	26
28	27
29	28
30	29		HB3641 Enrolled LRB103 30390 HLH 56820 b
31	30
32	31
33		-	(Source: P.A. 103-8, eff. 1-1-24.)
34		-	Section 10. The Children and Family Services Act is
35		-	amended by changing Section 5.46 as follows:
36		-	(20 ILCS 505/5.46)
37		-	Sec. 5.46. Application for Social Security benefits,
38		-	Supplemental Security Income, Veterans benefits, and Railroad
39		-	Retirement benefits.
40		-	(a) Definitions. As used in this Section:
41		-	"Achieving a Better Life Experience Account" or "ABLE
42		-	account" means an account established for the purpose of
43		-	financing certain qualified expenses of eligible individuals
44		-	as specifically provided for in Section 529A of the Internal
45		-	Revenue Code and Section 16.6 of the State Treasurer Act.
46		-	"Benefits" means Social Security benefits, Supplemental
47		-	Security Income, Veterans benefits, and Railroad Retirement
48		-	benefits.
49		-	"DCFS Guardianship Administrator" means a Department
50		-	representative appointed as guardian of the person or legal
51		-	custodian of the minor youth in care.
52		-	"Youth's attorney and guardian ad litem" means the person
53		-	appointed as the youth's attorney or guardian ad litem in
54		-	accordance with the Juvenile Court Act of 1987 in the
55		-	proceeding in which the Department is appointed as the youth's
56		-	guardian or custodian.
57		-
58		-
59		-	(b) Application for benefits.
60		-	(1) Upon receiving temporary custody or guardianship
61		-	of a youth in care, the Department shall assess the youth
62		-	to determine whether the youth may be eligible for
63		-	benefits. If, after the assessment, the Department
64		-	determines that the youth may be eligible for benefits,
65		-	the Department shall ensure that an application is filed
66		-	on behalf of the youth. The Department shall prescribe by
67		-	rule how it will review cases of youth in care at regular
68		-	intervals to determine whether the youth may have become
69		-	eligible for benefits after the initial assessment. The
70		-	Department shall make reasonable efforts to encourage
71		-	youth in care over the age of 18 who are likely eligible
72		-	for benefits to cooperate with the application process and
73		-	to assist youth with the application process.
74		-	(2) When applying for benefits under this Section for
75		-	a youth in care the Department shall identify a
76		-	representative payee in accordance with the requirements
77		-	of 20 CFR 404.2021 and 416.621. If the Department is
78		-	seeking to be appointed as the youth's representative
79		-	payee, the Department must consider input, if provided,
80		-	from the youth's attorney and guardian ad litem regarding
81		-	whether another representative payee, consistent with the
82		-	requirements of 20 CFR 404.2021 and 416.621, is available.
83		-	If the Department serves as the representative payee for a
84		-	youth over the age of 18, the Department shall request a
85		-
86		-
87		-	court order, as described in subparagraph (C) of paragraph
88		-	(1) of subsection (d) and in subparagraph (C) of paragraph
89		-	(2) of subsection (d).
90		-	(c) Notifications. The Department shall immediately notify
91		-	a youth over the age of 16, the youth's attorney and guardian
92		-	ad litem, and the youth's parent or legal guardian or another
93		-	responsible adult of:
94		-	(1) any application for or any application to become
95		-	representative payee for benefits on behalf of a youth in
96		-	care;
97		-	(2) beginning January 1, 2025, any communications from
98		-	the Social Security Administration, the U.S. Department of
99		-	Veterans Affairs, or the Railroad Retirement Board
100		-	pertaining to the acceptance or denial of benefits or the
101		-	selection of a representative payee; and
102		-	(3) beginning January 1, 2025, any appeal or other
103		-	action requested by the Department regarding an
104		-	application for benefits.
105		-	(d) Use of benefits. Consistent with federal law, when the
106		-	Department serves as the representative payee for a youth
107		-	receiving benefits and receives benefits on the youth's
108		-	behalf, the Department shall:
109		-	(1) Beginning January 1, 2024 2023, ensure that when
110		-	the youth attains the age of 14 years and until the
111		-	Department no longer serves as the representative payee, a
112		-	minimum percentage of the youth's Supplemental Security
113		-
114		-
115		-	Income benefits are conserved in accordance with paragraph
116		-	(4) as follows:
117		-	(A) From the age of 14 through age 15, at least
118		-	40%.
119		-	(B) From the age of 16 through age 17, at least
120		-	80%.
121		-	(C) From the age of 18 and older through 20, 100%,
122		-	when a court order has been entered expressly
123		-	authorizing allowing the DCFS Guardianship
124		-	Administrator to serve as the designated
125		-	representative to establish an ABLE account on behalf
126		-	of a youth Department to have the authority to
127		-	establish and serve as an authorized agent of the
128		-	youth over the age of 18 with respect to an account
129		-	established in accordance with paragraph (4).
130		-	(2) Beginning January 1, 2024, ensure that when the
131		-	youth attains the age of 14 years and until the Department
132		-	no longer serves as the representative payee a minimum
133		-	percentage of the youth's Social Security benefits,
134		-	Veterans benefits, or Railroad Retirement benefits are
135		-	conserved in accordance with paragraph (3) or (4), as
136		-	applicable, as follows:
137		-	(A) From the age of 14 through age 15, at least
138		-	40%.
139		-	(B) From the age of 16 through age 17, at least
140		-	80%.
141		-
142		-
143		-	(C) From the age of 18 through 20, 100%. If
144		-	establishment of an ABLE account is necessary to
145		-	conserve benefits for youth age 18 and older, then
146		-	benefits shall be conserved in accordance with
147		-	paragraph (4) when a court order has been entered
148		-	expressly authorizing the DCFS Guardianship
149		-	Administrator to serve as the designated
150		-	representative to establish an ABLE account on behalf
151		-	of a youth , when a court order has been entered
152		-	expressly allowing the Department to have the
153		-	authority to establish and serve as an authorized
154		-	agent of the youth over the age of 18 with respect to
155		-	an account established in accordance with paragraph
156		-	(4).
157		-	(3) Exercise discretion in accordance with federal law
158		-	and in the best interests of the youth when making
159		-	decisions to use or conserve the youth's benefits that are
160		-	less than or not subject to asset or resource limits under
161		-	federal law, including using the benefits to address the
162		-	youth's special needs and conserving the benefits for the
163		-	youth's reasonably foreseeable future needs.
164		-	(4) Appropriately monitor any federal asset or
165		-	resource limits for the Supplemental Security Income
166		-	benefits and ensure that the youth's best interest is
167		-	served by using or conserving the benefits in a way that
168		-	avoids violating any federal asset or resource limits that
169		-
170		-
171		-	would affect the youth's eligibility to receive the
172		-	benefits, including, but not limited to:
173		-	(A) applying to the Social Security Administration
174		-	to establish a Plan to Achieve Self-Support (PASS)
175		-	Account for the youth under the Social Security Act
176		-	and determining whether it is in the best interest of
177		-	the youth to conserve all or parts of the benefits in
178		-	the PASS account;
179		-	(B) establishing a 529 plan for the youth and
180		-	conserving the youth's benefits in that account in a
181		-	manner that appropriately avoids any federal asset or
182		-	resource limits;
183		-	(C) establishing an Individual Development Account
184		-	for the youth and conserving the youth's benefits in
185		-	that account in a manner that appropriately avoids any
186		-	federal asset or resource limits;
187		-	(A) (D) establishing an ABLE account authorized by
188		-	Section 529A of the Internal Revenue Code of 1986, for
189		-	the youth and conserving the youth's benefits in that
190		-	account in a manner that appropriately avoids any
191		-	federal asset or resource limits;
192		-	(E) establishing a Social Security Plan to Achieve
193		-	Self-Support account for the youth and conserving the
194		-	youth's benefits in a manner that appropriately avoids
195		-	any federal asset or resource limits;
196		-	(F) establishing a special needs trust for the
197		-
198		-
199		-	youth and conserving the youth's benefits in the trust
200		-	in a manner that is consistent with federal
201		-	requirements for special needs trusts and that
202		-	appropriately avoids any federal asset or resource
203		-	limits;
204		-	(B) (G) if the Department determines that using
205		-	the benefits for services for current special needs
206		-	not already provided by the Department is in the best
207		-	interest of the youth, using the benefits for those
208		-	services;
209		-	(C) (H) if federal law requires certain back
210		-	payments of benefits to be placed in a dedicated
211		-	account, complying with the requirements for dedicated
212		-	accounts under 20 CFR 416.640(e); and
213		-	(D) (I) applying any other exclusions from federal
214		-	asset or resource limits available under federal law
215		-	and using or conserving the youth's benefits in a
216		-	manner that appropriately avoids any federal asset or
217		-	resource limits.
218		-	(e) By July 1, 2024, the Department shall provide a report
219		-	to the General Assembly regarding youth in care who receive
220		-	benefits who are not subject to this Act. The report shall
221		-	discuss a goal of expanding conservation of children's
222		-	benefits to all benefits of all children of any age for whom
223		-	the Department serves as representative payee. The report
224		-	shall include a description of any identified obstacles, steps
225		-
226		-
227		-	to be taken to address the obstacles, and a description of any
228		-	need for statutory, rule, or procedural changes.
229		-	(f) (1) Accounting.
230		-	(A) Beginning on the effective date of this amendatory
231		-	Act of the 103rd General Assembly through December 31,
232		-	2024, upon request of the youth's attorney or guardian ad
233		-	litem, the The Department shall provide an annual
234		-	accounting to the youth's attorney and guardian ad litem
235		-	of how the youth's benefits have been used and conserved.
236		-	(B) Beginning January 1, 2025 and every year
237		-	thereafter, an annual accounting of how the youth's
238		-	benefits have been used and conserved shall be provided
239		-	automatically to the youth's attorney and guardian ad
240		-	litem.
241		-	(C) In addition, within 10 business days of a request
242		-	from a youth or the youth's attorney and guardian ad
243		-	litem, the Department shall provide an accounting to the
244		-	youth of how the youth's benefits have been used and
245		-	conserved.
246		-	(2) The accounting shall include:
247		-	(A) (1) The amount of benefits received on the
248		-	youth's behalf since the most recent accounting and
249		-	the date the benefits were received.
250		-	(B) (2) Information regarding the youth's benefits
251		-	and resources, including the youth's benefits,
252		-	insurance, cash assets, trust accounts, earnings, and
253		-
254		-
255		-	other resources.
256		-	(C) (3) An accounting of the disbursement of
257		-	benefit funds, including the date, amount,
258		-	identification of payee, and purpose.
259		-	(D) (4) Information regarding each request by the
260		-	youth, the youth's attorney and guardian ad litem, or
261		-	the youth's caregiver for disbursement of funds and a
262		-	statement regarding the reason for not granting the
263		-	request if the request was denied.
264		-	When the Department's guardianship of the youth is being
265		-	terminated, prior to or upon the termination of guardianship,
266		-	the Department shall provide (i) a final accounting to the
267		-	Social Security Administration, to the youth's attorney and
268		-	guardian ad litem, and to either the person or persons who will
269		-	assume guardianship of the youth or who is in the process of
270		-	adopting the youth, if the youth is under 18, or to the youth,
271		-	if the youth is over 18 and (ii) information to the parent,
272		-	guardian, or youth regarding how to apply to become the
273		-	designated representative for the youth's ABLE account payee.
274		-	The Department shall adopt rules to ensure that the
275		-	representative payee transitions occur in a timely and
276		-	appropriate manner.
277		-	(g) Education Financial literacy. The Department shall
278		-	provide the youth who have funds conserved under paragraphs
279		-	(1) and (2) of subsection (d) with education with financial
280		-	literacy training and support, including specific information
281		-
282		-
283		-	regarding the existence, availability, and use of funds
284		-	conserved for the youth in accordance with paragraphs (1) and
285		-	(2) of subsection (d) this subsection, beginning by age 14 in a
286		-	developmentally appropriate manner. The education literacy
287		-	program and support services shall be developed in
288		-	consultation with input from the Department's Statewide Youth
289		-	Advisory Board. Education and informational materials related
290		-	to ABLE accounts shall be developed in consultation with and
291		-	approved by the State Treasurer.
292		-	(h) Adoption of rules. The Department shall adopt rules to
293		-	implement the provisions of this Section by January 1, 2024
294		-	2023.
295		-	(i) Reporting. No later than February 28, 2023, the
296		-	Department shall file a report with the General Assembly
297		-	providing the following information for State Fiscal Years
298		-	2019, 2020, 2021, and 2022 and annually beginning February 28,
299		-	2023, for the preceding fiscal year:
300		-	(1) The number of youth entering care.
301		-	(2) The number of youth entering care receiving each
302		-	of the following types of benefits: Social Security
303		-	benefits, Supplemental Security Income, Veterans benefits,
304		-	Railroad Retirement benefits.
305		-	(3) The number of youth entering care for whom the
306		-	Department filed an application for each of the following
307		-	types of benefits: Social Security benefits, Supplemental
308		-	Security Income, Veterans benefits, Railroad Retirement
309		-
310		-
311		-	benefits.
312		-	(4) The number of youth entering care who were awarded
313		-	each of the following types of benefits based on an
314		-	application filed by the Department: Social Security
315		-	benefits, Supplemental Security Income, Veterans benefits,
316		-	Railroad Retirement benefits.
317		-	(j) Annually beginning December 31, 2023, the Department
318		-	shall file a report with the General Assembly with the
319		-	following information regarding the preceding fiscal year:
320		-	(1) the number of conserved accounts established and
321		-	maintained for youth in care;
322		-	(2) the average amount conserved by age group; and
323		-	(3) the total amount conserved by age group.
324		-	(Source: P.A. 102-1014, eff. 5-27-22; 103-154, eff. 6-30-23.)
325		-	Section 15. The Illinois State Police Law of the Civil
326		-	Administrative Code of Illinois is amended by changing Section
327		-	2605-10 as follows:
328		-	(20 ILCS 2605/2605-10) (was 20 ILCS 2605/55a in part)
329		-	(Text of Section before amendment by P.A. 103-34)
330		-	Sec. 2605-10. Powers and duties, generally.
331		-	(a) The Illinois State Police shall exercise the rights,
332		-	powers, and duties that have been vested in the Illinois State
333		-	Police by the following:
334		-	The Illinois State Police Act.
335		-
336		-
337		-	The Illinois State Police Radio Act.
338		-	The Criminal Identification Act.
339		-	The Illinois Vehicle Code.
340		-	The Firearm Owners Identification Card Act.
341		-	The Firearm Concealed Carry Act.
342		-	The Gun Dealer Licensing Act.
343		-	The Intergovernmental Missing Child Recovery Act of
344		-	1984.
345		-	The Intergovernmental Drug Laws Enforcement Act.
346		-	The Narcotic Control Division Abolition Act.
347		-	(b) The Illinois State Police shall have the powers and
348		-	duties set forth in the following Sections.
349		-	(Source: P.A. 102-538, eff. 8-20-21.)
350		-	(Text of Section after amendment by P.A. 103-34)
351		-	Sec. 2605-10. Powers and duties, generally.
352		-	(a) The Illinois State Police shall exercise the rights,
353		-	powers, and duties that have been vested in the Illinois State
354		-	Police by the following:
355		-	The Illinois State Police Act.
356		-	The Illinois State Police Radio Act.
357		-	The Criminal Identification Act.
358		-	The Illinois Vehicle Code.
359		-	The Firearm Owners Identification Card Act.
360		-	The Firearm Concealed Carry Act.
361		-	The Firearm Dealer License Certification Act.
362		-
363		-
364		-	The Intergovernmental Missing Child Recovery Act of
365		-	1984.
366		-	The Intergovernmental Drug Laws Enforcement Act.
367		-	The Narcotic Control Division Abolition Act.
368		-	The Illinois Uniform Conviction Information Act.
369		-	The Murderer and Violent Offender Against Youth
370		-	Registration Act.
371		-	(b) The Illinois State Police shall have the powers and
372		-	duties set forth in the following Sections.
373		-	(c) The Illinois State Police shall exercise the rights,
374		-	powers, and duties vested in the Illinois State Police to
375		-	implement the following protective service functions for State
376		-	facilities, State officials, and State employees serving in
377		-	their official capacity:
378		-	(1) Utilize subject matter expertise and law
379		-	enforcement authority to strengthen the protection of
380		-	State government facilities, State employees, State
381		-	officials, and State critical infrastructure.
382		-	(2) Coordinate State, federal, and local law
383		-	enforcement activities involving the protection of State
384		-	facilities, officials, and employees.
385		-	(3) Conduct investigations of criminal threats to
386		-	State facilities, State critical infrastructure, State
387		-	officials, and State employees.
388		-	(4) Train State officials and employees in personal
389		-	protection, crime prevention, facility occupant emergency
390		-
391		-
392		-	planning, and incident management.
393		-	(5) Establish standard protocols for prevention and
394		-	response to criminal threats to State facilities, State
395		-	officials, State employees, and State critical
396		-	infrastructure, and standard protocols for reporting of
397		-	suspicious activities.
398		-	(6) Establish minimum operational standards,
399		-	qualifications, training, and compliance requirements for
400		-	State employees and contractors engaged in the protection
401		-	of State facilities and employees.
402		-	(7) At the request of departments or agencies of State
403		-	government, conduct security assessments, including, but
404		-	not limited to, examination of alarm systems, cameras
405		-	systems, access points, personnel readiness, and emergency
406		-	protocols based on risk and need.
407		-	(8) Oversee the planning and implementation of
408		-	security and law enforcement activities necessary for the
409		-	protection of major, multi-jurisdictional events
410		-	implicating potential criminal threats to State officials,
411		-	State employees, or State-owned, State-leased, or
412		-	State-operated critical infrastructure or facilities.
413		-	(9) Oversee and direct the planning and implementation
414		-	of security and law enforcement activities by the
415		-	departments and agencies of the State necessary for the
416		-	protection of State employees, State officials, and
417		-	State-owned, State-leased, or State-operated critical
418		-
419		-
420		-	infrastructure or facilities from criminal activity.
421		-	(10) Advise the Governor and Homeland Security Advisor
422		-	on any matters necessary for the effective protection of
423		-	State facilities, critical infrastructure, officials, and
424		-	employees from criminal threats.
425		-	(11) Utilize intergovernmental agreements and
426		-	administrative rules as needed for the effective,
427		-	efficient implementation of law enforcement and support
428		-	activities necessary for the protection of State
429		-	facilities, State infrastructure, State employees, and,
430		-	upon the express written consent of State constitutional
431		-	officials, State constitutional officials, and State
432		-	employees.
433		-	(Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24;
434		-	revised 9-25-23.)
435		-	Section 20. The Alternative Protein Innovation Task Force
436		-	Act is amended by changing Sections 15 and 20 as follows:
437		-	(20 ILCS 4128/15)
438		-	Sec. 15. Membership; appointments; meeting.
439		-	(a) The Alternative Protein Innovation Task Force shall
440		-	consist of the following members:
441		-	(1) one member of the Senate, who shall be appointed
442		-	by the President of the Senate and shall serve as co-chair
443		-	of the Task Force;
444		-
445		-
446		-	(2) one member of the Senate, who shall be appointed
447		-	by the Minority Leader of the Senate;
448		-	(3) one member of the House of Representatives, who
449		-	shall be appointed by the Speaker of the House of
450		-	Representatives and shall serve as co-chair of the Task
451		-	Force;
452		-	(4) one member of the House of Representatives, who
453		-	shall be appointed by the Minority Leader of the House of
454		-	Representatives;
455		-	(5) the Director Secretary of Commerce and Economic
456		-	Opportunity or the Director's Secretary's designee;
457		-	(6) the Director of Agriculture or the Director's
458		-	designee;
459		-	(7) 5 members who are appointed by the Director of
460		-	Agriculture. Of the members appointed by the Director of
461		-	Agriculture, 3 members shall be commercial producers of
462		-	agricultural commodities, of which one member shall be
463		-	from the largest statewide agricultural association; and 2
464		-	members shall be representatives from the University of
465		-	Illinois College of Agricultural, Consumer and
466		-	Environmental Sciences engaged in nutritional research;
467		-	and
468		-	(8) 6 members who are appointed by the Governor. Of
469		-	the members appointed by the Governor, 2 members shall be
470		-	engaged in academic or scientific research on alternative
471		-	protein development at a State college or university; one
472		-
473		-
474		-	member shall be a representative of a nonprofit
475		-	organization dedicated to the development and
476		-	accessibility of alternative proteins; one member shall be
477		-	a representative of the State's agricultural biotechnology
478		-	industry; one member shall be the president of the
479		-	Illinois Biotechnology Industry Organization or the
480		-	organization's designee; and one member shall be a
481		-	representative from a multinational food processing and
482		-	manufacturing corporation headquartered in this State.
483		-	(b) Members of the Task Force shall not receive
484		-	compensation for their services to the Task Force.
485		-	(c) All appointments shall be made not later than 30 days
486		-	after the effective date of this Act.
487		-	(d) The co-chairs of the Task Force shall schedule no
488		-	fewer than 4 meetings of the Task Force, including not less
489		-	than one public hearing. The co-chairs shall convene the first
490		-	meeting of the Task Force within 60 days after the effective
491		-	date of this Act.
492		-	(e) The Department of Agriculture shall provide
493		-	administrative and other support to the Task Force.
494		-	(Source: P.A. 103-543, eff. 8-11-23; revised 10-19-23.)
495		-	(20 ILCS 4128/20)
496		-	Sec. 20. Report; dissolution of Task Force; repeal of Act.
497		-	(a)The Task Force shall submit a report of its findings
498		-	and recommendations to the General Assembly no later than June
499		-
500		-
501		-	30, 2024 December 31, 2023.
502		-	(b) The Task Force shall be dissolved on December 31,
503		-	2024.
504		-	(c) This Act is repealed on January 1, 2025.
505		-	(Source: P.A. 103-543, eff. 8-11-23.)
506		-	Section 25. The Illinois Procurement Code is amended by
507		-	changing Section 20-10 as follows:
508		-	(30 ILCS 500/20-10)
509		-	(Text of Section before amendment by P.A. 103-558)
510		-	(Text of Section from P.A. 96-159, 96-588, 97-96, 97-895,
511		-	98-1076, 99-906, 100-43, 101-31, 101-657, and 102-29)
512		-	Sec. 20-10. Competitive sealed bidding; reverse auction.
513		-	(a) Conditions for use. All contracts shall be awarded by
514		-	competitive sealed bidding except as otherwise provided in
515		-	Section 20-5.
516		-	(b) Invitation for bids. An invitation for bids shall be
517		-	issued and shall include a purchase description and the
518		-	material contractual terms and conditions applicable to the
519		-	procurement.
520		-	(c) Public notice. Public notice of the invitation for
521		-	bids shall be published in the Illinois Procurement Bulletin
522		-	at least 14 calendar days before the date set in the invitation
523		-	for the opening of bids.
524		-	(d) Bid opening. Bids shall be opened publicly or through
525		-
526		-
527		-	an electronic procurement system in the presence of one or
528		-	more witnesses at the time and place designated in the
529		-	invitation for bids. The name of each bidder, including earned
530		-	and applied bid credit from the Illinois Works Jobs Program
531		-	Act, the amount of each bid, and other relevant information as
532		-	may be specified by rule shall be recorded. After the award of
533		-	the contract, the winning bid and the record of each
534		-	unsuccessful bid shall be open to public inspection.
535		-	(e) Bid acceptance and bid evaluation. Bids shall be
536		-	unconditionally accepted without alteration or correction,
537		-	except as authorized in this Code. Bids shall be evaluated
538		-	based on the requirements set forth in the invitation for
539		-	bids, which may include criteria to determine acceptability
540		-	such as inspection, testing, quality, workmanship, delivery,
541		-	and suitability for a particular purpose. Those criteria that
542		-	will affect the bid price and be considered in evaluation for
543		-	award, such as discounts, transportation costs, and total or
544		-	life cycle costs, shall be objectively measurable. The
545		-	invitation for bids shall set forth the evaluation criteria to
546		-	be used.
547		-	(f) Correction or withdrawal of bids. Correction or
548		-	withdrawal of inadvertently erroneous bids before or after
549		-	award, or cancellation of awards of contracts based on bid
550		-	mistakes, shall be permitted in accordance with rules. After
551		-	bid opening, no changes in bid prices or other provisions of
552		-	bids prejudicial to the interest of the State or fair
553		-
554		-
555		-	competition shall be permitted. All decisions to permit the
556		-	correction or withdrawal of bids based on bid mistakes shall
557		-	be supported by written determination made by a State
558		-	purchasing officer.
559		-	(g) Award. The contract shall be awarded with reasonable
560		-	promptness by written notice to the lowest responsible and
561		-	responsive bidder whose bid meets the requirements and
562		-	criteria set forth in the invitation for bids, except when a
563		-	State purchasing officer determines it is not in the best
564		-	interest of the State and by written explanation determines
565		-	another bidder shall receive the award. The explanation shall
566		-	appear in the appropriate volume of the Illinois Procurement
567		-	Bulletin. The written explanation must include:
568		-	(1) a description of the agency's needs;
569		-	(2) a determination that the anticipated cost will be
570		-	fair and reasonable;
571		-	(3) a listing of all responsible and responsive
572		-	bidders; and
573		-	(4) the name of the bidder selected, the total
574		-	contract price, and the reasons for selecting that bidder.
575		-	Each chief procurement officer may adopt guidelines to
576		-	implement the requirements of this subsection (g).
577		-	The written explanation shall be filed with the
578		-	Legislative Audit Commission, and the Commission on Equity and
579		-	Inclusion, and the Procurement Policy Board, and be made
580		-	available for inspection by the public, within 14 calendar
581		-
582		-
583		-	days after the agency's decision to award the contract.
584		-	(h) Multi-step sealed bidding. When it is considered
585		-	impracticable to initially prepare a purchase description to
586		-	support an award based on price, an invitation for bids may be
587		-	issued requesting the submission of unpriced offers to be
588		-	followed by an invitation for bids limited to those bidders
589		-	whose offers have been qualified under the criteria set forth
590		-	in the first solicitation.
591		-	(i) Alternative procedures. Notwithstanding any other
592		-	provision of this Act to the contrary, the Director of the
593		-	Illinois Power Agency may create alternative bidding
594		-	procedures to be used in procuring professional services under
595		-	Section 1-56, subsections (a) and (c) of Section 1-75 and
596		-	subsection (d) of Section 1-78 of the Illinois Power Agency
597		-	Act and Section 16-111.5(c) of the Public Utilities Act and to
598		-	procure renewable energy resources under Section 1-56 of the
599		-	Illinois Power Agency Act. These alternative procedures shall
600		-	be set forth together with the other criteria contained in the
601		-	invitation for bids, and shall appear in the appropriate
602		-	volume of the Illinois Procurement Bulletin.
603		-	(j) Reverse auction. Notwithstanding any other provision
604		-	of this Section and in accordance with rules adopted by the
605		-	chief procurement officer, that chief procurement officer may
606		-	procure supplies or services through a competitive electronic
607		-	auction bidding process after the chief procurement officer
608		-	determines that the use of such a process will be in the best
609		-
610		-
611		-	interest of the State. The chief procurement officer shall
612		-	publish that determination in his or her next volume of the
613		-	Illinois Procurement Bulletin.
614		-	An invitation for bids shall be issued and shall include
615		-	(i) a procurement description, (ii) all contractual terms,
616		-	whenever practical, and (iii) conditions applicable to the
617		-	procurement, including a notice that bids will be received in
618		-	an electronic auction manner.
619		-	Public notice of the invitation for bids shall be given in
620		-	the same manner as provided in subsection (c).
621		-	Bids shall be accepted electronically at the time and in
622		-	the manner designated in the invitation for bids. During the
623		-	auction, a bidder's price shall be disclosed to other bidders.
624		-	Bidders shall have the opportunity to reduce their bid prices
625		-	during the auction. At the conclusion of the auction, the
626		-	record of the bid prices received and the name of each bidder
627		-	shall be open to public inspection.
628		-	After the auction period has terminated, withdrawal of
629		-	bids shall be permitted as provided in subsection (f).
630		-	The contract shall be awarded within 60 calendar days
631		-	after the auction by written notice to the lowest responsible
632		-	bidder, or all bids shall be rejected except as otherwise
633		-	provided in this Code. Extensions of the date for the award may
634		-	be made by mutual written consent of the State purchasing
635		-	officer and the lowest responsible bidder.
636		-	This subsection does not apply to (i) procurements of
637		-
638		-
639		-	professional and artistic services, (ii) telecommunications
640		-	services, communication services, and information services,
641		-	and (iii) contracts for construction projects, including
642		-	design professional services.
643		-	(Source: P.A. 101-31, eff. 6-28-19; 101-657, eff. 1-1-22;
644		-	102-29, eff. 6-25-21.)
645		-	(Text of Section from P.A. 96-159, 96-795, 97-96, 97-895,
646		-	98-1076, 99-906, 100-43, 101-31, 101-657, and 102-29)
647		-	Sec. 20-10. Competitive sealed bidding; reverse auction.
648		-	(a) Conditions for use. All contracts shall be awarded by
649		-	competitive sealed bidding except as otherwise provided in
650		-	Section 20-5.
651		-	(b) Invitation for bids. An invitation for bids shall be
652		-	issued and shall include a purchase description and the
653		-	material contractual terms and conditions applicable to the
654		-	procurement.
655		-	(c) Public notice. Public notice of the invitation for
656		-	bids shall be published in the Illinois Procurement Bulletin
657		-	at least 14 calendar days before the date set in the invitation
658		-	for the opening of bids.
659		-	(d) Bid opening. Bids shall be opened publicly or through
660		-	an electronic procurement system in the presence of one or
661		-	more witnesses at the time and place designated in the
662		-	invitation for bids. The name of each bidder, including earned
663		-	and applied bid credit from the Illinois Works Jobs Program
664		-
665		-
666		-	Act, the amount of each bid, and other relevant information as
667		-	may be specified by rule shall be recorded. After the award of
668		-	the contract, the winning bid and the record of each
669		-	unsuccessful bid shall be open to public inspection.
670		-	(e) Bid acceptance and bid evaluation. Bids shall be
671		-	unconditionally accepted without alteration or correction,
672		-	except as authorized in this Code. Bids shall be evaluated
673		-	based on the requirements set forth in the invitation for
674		-	bids, which may include criteria to determine acceptability
675		-	such as inspection, testing, quality, workmanship, delivery,
676		-	and suitability for a particular purpose. Those criteria that
677		-	will affect the bid price and be considered in evaluation for
678		-	award, such as discounts, transportation costs, and total or
679		-	life cycle costs, shall be objectively measurable. The
680		-	invitation for bids shall set forth the evaluation criteria to
681		-	be used.
682		-	(f) Correction or withdrawal of bids. Correction or
683		-	withdrawal of inadvertently erroneous bids before or after
684		-	award, or cancellation of awards of contracts based on bid
685		-	mistakes, shall be permitted in accordance with rules. After
686		-	bid opening, no changes in bid prices or other provisions of
687		-	bids prejudicial to the interest of the State or fair
688		-	competition shall be permitted. All decisions to permit the
689		-	correction or withdrawal of bids based on bid mistakes shall
690		-	be supported by written determination made by a State
691		-	purchasing officer.
692		-
693		-
694		-	(g) Award. The contract shall be awarded with reasonable
695		-	promptness by written notice to the lowest responsible and
696		-	responsive bidder whose bid meets the requirements and
697		-	criteria set forth in the invitation for bids, except when a
698		-	State purchasing officer determines it is not in the best
699		-	interest of the State and by written explanation determines
700		-	another bidder shall receive the award. The explanation shall
701		-	appear in the appropriate volume of the Illinois Procurement
702		-	Bulletin. The written explanation must include:
703		-	(1) a description of the agency's needs;
704		-	(2) a determination that the anticipated cost will be
705		-	fair and reasonable;
706		-	(3) a listing of all responsible and responsive
707		-	bidders; and
708		-	(4) the name of the bidder selected, the total
709		-	contract price, and the reasons for selecting that bidder.
710		-	Each chief procurement officer may adopt guidelines to
711		-	implement the requirements of this subsection (g).
712		-	The written explanation shall be filed with the
713		-	Legislative Audit Commission, and the Commission on Equity and
714		-	Inclusion, and the Procurement Policy Board, and be made
715		-	available for inspection by the public, within 14 days after
716		-	the agency's decision to award the contract.
717		-	(h) Multi-step sealed bidding. When it is considered
718		-	impracticable to initially prepare a purchase description to
719		-	support an award based on price, an invitation for bids may be
720		-
721		-
722		-	issued requesting the submission of unpriced offers to be
723		-	followed by an invitation for bids limited to those bidders
724		-	whose offers have been qualified under the criteria set forth
725		-	in the first solicitation.
726		-	(i) Alternative procedures. Notwithstanding any other
727		-	provision of this Act to the contrary, the Director of the
728		-	Illinois Power Agency may create alternative bidding
729		-	procedures to be used in procuring professional services under
730		-	subsections (a) and (c) of Section 1-75 and subsection (d) of
731		-	Section 1-78 of the Illinois Power Agency Act and Section
732		-	16-111.5(c) of the Public Utilities Act and to procure
733		-	renewable energy resources under Section 1-56 of the Illinois
734		-	Power Agency Act. These alternative procedures shall be set
735		-	forth together with the other criteria contained in the
736		-	invitation for bids, and shall appear in the appropriate
737		-	volume of the Illinois Procurement Bulletin.
738		-	(j) Reverse auction. Notwithstanding any other provision
739		-	of this Section and in accordance with rules adopted by the
740		-	chief procurement officer, that chief procurement officer may
741		-	procure supplies or services through a competitive electronic
742		-	auction bidding process after the chief procurement officer
743		-	determines that the use of such a process will be in the best
744		-	interest of the State. The chief procurement officer shall
745		-	publish that determination in his or her next volume of the
746		-	Illinois Procurement Bulletin.
747		-	An invitation for bids shall be issued and shall include
748		-
749		-
750		-	(i) a procurement description, (ii) all contractual terms,
751		-	whenever practical, and (iii) conditions applicable to the
752		-	procurement, including a notice that bids will be received in
753		-	an electronic auction manner.
754		-	Public notice of the invitation for bids shall be given in
755		-	the same manner as provided in subsection (c).
756		-	Bids shall be accepted electronically at the time and in
757		-	the manner designated in the invitation for bids. During the
758		-	auction, a bidder's price shall be disclosed to other bidders.
759		-	Bidders shall have the opportunity to reduce their bid prices
760		-	during the auction. At the conclusion of the auction, the
761		-	record of the bid prices received and the name of each bidder
762		-	shall be open to public inspection.
763		-	After the auction period has terminated, withdrawal of
764		-	bids shall be permitted as provided in subsection (f).
765		-	The contract shall be awarded within 60 calendar days
766		-	after the auction by written notice to the lowest responsible
767		-	bidder, or all bids shall be rejected except as otherwise
768		-	provided in this Code. Extensions of the date for the award may
769		-	be made by mutual written consent of the State purchasing
770		-	officer and the lowest responsible bidder.
771		-	This subsection does not apply to (i) procurements of
772		-	professional and artistic services, (ii) telecommunications
773		-	services, communication services, and information services,
774		-	and (iii) contracts for construction projects, including
775		-	design professional services.
776		-
777		-
778		-	(Source: P.A. 101-31, eff. 6-28-19; 101-657, eff. 1-1-22;
779		-	102-29, eff. 6-25-21.)
780		-	(Text of Section after amendment by P.A. 103-558)
781		-	(Text of Section from P.A. 96-159, 96-588, 97-96, 97-895,
782		-	98-1076, 99-906, 100-43, 101-31, 101-657, 102-29, and 103-558)
783		-	Sec. 20-10. Competitive sealed bidding; reverse auction.
784		-	(a) Conditions for use. All contracts shall be awarded by
785		-	competitive sealed bidding except as otherwise provided in
786		-	Section 20-5.
787		-	(b) Invitation for bids. An invitation for bids shall be
788		-	issued and shall include a purchase description and the
789		-	material contractual terms and conditions applicable to the
790		-	procurement.
791		-	(c) Public notice. Public notice of the invitation for
792		-	bids shall be published in the Illinois Procurement Bulletin
793		-	at least 14 calendar days before the date set in the invitation
794		-	for the opening of bids.
795		-	(d) Bid opening. Bids shall be opened publicly or through
796		-	an electronic procurement system in the presence of one or
797		-	more witnesses at the time and place designated in the
798		-	invitation for bids. The name of each bidder, including earned
799		-	and applied bid credit from the Illinois Works Jobs Program
800		-	Act, the amount of each bid, and other relevant information as
801		-	may be specified by rule shall be recorded. After the award of
802		-	the contract, the winning bid and the record of each
803		-
804		-
805		-	unsuccessful bid shall be open to public inspection.
806		-	(e) Bid acceptance and bid evaluation. Bids shall be
807		-	unconditionally accepted without alteration or correction,
808		-	except as authorized in this Code. Bids shall be evaluated
809		-	based on the requirements set forth in the invitation for
810		-	bids, which may include criteria to determine acceptability
811		-	such as inspection, testing, quality, workmanship, delivery,
812		-	and suitability for a particular purpose. Those criteria that
813		-	will affect the bid price and be considered in evaluation for
814		-	award, such as discounts, transportation costs, and total or
815		-	life cycle costs, shall be objectively measurable. The
816		-	invitation for bids shall set forth the evaluation criteria to
817		-	be used.
818		-	(f) Correction or withdrawal of bids. Correction or
819		-	withdrawal of inadvertently erroneous bids before or after
820		-	award, or cancellation of awards of contracts based on bid
821		-	mistakes, shall be permitted in accordance with rules. After
822		-	bid opening, no changes in bid prices or other provisions of
823		-	bids prejudicial to the interest of the State or fair
824		-	competition shall be permitted. All decisions to permit the
825		-	correction or withdrawal of bids based on bid mistakes shall
826		-	be supported by written determination made by a State
827		-	purchasing officer.
828		-	(g) Award. The contract shall be awarded with reasonable
829		-	promptness by written notice to the lowest responsible and
830		-	responsive bidder whose bid meets the requirements and
831		-
832		-
833		-	criteria set forth in the invitation for bids, except when a
834		-	State purchasing officer determines it is not in the best
835		-	interest of the State and by written explanation determines
836		-	another bidder shall receive the award. The explanation shall
837		-	appear in the appropriate volume of the Illinois Procurement
838		-	Bulletin. The written explanation must include:
839		-	(1) a description of the agency's needs;
840		-	(2) a determination that the anticipated cost will be
841		-	fair and reasonable;
842		-	(3) a listing of all responsible and responsive
843		-	bidders; and
844		-	(4) the name of the bidder selected, the total
845		-	contract price, and the reasons for selecting that bidder.
846		-	Each chief procurement officer may adopt guidelines to
847		-	implement the requirements of this subsection (g).
848		-	The written explanation shall be filed with the
849		-	Legislative Audit Commission, and the Commission on Equity and
850		-	Inclusion, and the Procurement Policy Board, and be made
851		-	available for inspection by the public, within 14 calendar
852		-	days after the agency's decision to award the contract.
853		-	(g-5) Failed bid notice. In addition to the requirements
854		-	of subsection (g), if a bidder has failed to be awarded a
855		-	contract after 4 consecutive bids to provide the same services
856		-	to the Department of Transportation, the Capital Development
857		-	Board, or the Illinois State Toll Highway Authority, the
858		-	applicable agency shall, in writing, detail why each of the 4
859		-
860		-
861		-	bids was not awarded to the bidder. The applicable agency
862		-	shall submit by certified copy to the bidder the reason or
863		-	reasons why each of the 4 bids was not awarded to the bidder.
864		-	The agency shall submit that certified copy to the bidder
865		-	within the same calendar quarter in which the fourth bid was
866		-	rejected. This subsection does not apply if information
867		-	pertaining to a failed bid was previously disclosed to a
868		-	bidder by electronic means. If any agency chooses to provide
869		-	information by electronic means, the agency shall have a
870		-	written policy outlining how the agency will reasonably ensure
871		-	the bidder receives the information. For the purposes of this
872		-	subsection, "electronic means" means an email communication
873		-	from the applicable agency to the bidder or a public posting on
874		-	the applicable agency's procurement bulletin.
875		-	(h) Multi-step sealed bidding. When it is considered
876		-	impracticable to initially prepare a purchase description to
877		-	support an award based on price, an invitation for bids may be
878		-	issued requesting the submission of unpriced offers to be
879		-	followed by an invitation for bids limited to those bidders
880		-	whose offers have been qualified under the criteria set forth
881		-	in the first solicitation.
882		-	(i) Alternative procedures. Notwithstanding any other
883		-	provision of this Act to the contrary, the Director of the
884		-	Illinois Power Agency may create alternative bidding
885		-	procedures to be used in procuring professional services under
886		-	Section 1-56, subsections (a) and (c) of Section 1-75 and
887		-
888		-
889		-	subsection (d) of Section 1-78 of the Illinois Power Agency
890		-	Act and Section 16-111.5(c) of the Public Utilities Act and to
891		-	procure renewable energy resources under Section 1-56 of the
892		-	Illinois Power Agency Act. These alternative procedures shall
893		-	be set forth together with the other criteria contained in the
894		-	invitation for bids, and shall appear in the appropriate
895		-	volume of the Illinois Procurement Bulletin.
896		-	(j) Reverse auction. Notwithstanding any other provision
897		-	of this Section and in accordance with rules adopted by the
898		-	chief procurement officer, that chief procurement officer may
899		-	procure supplies or services through a competitive electronic
900		-	auction bidding process after the chief procurement officer
901		-	determines that the use of such a process will be in the best
902		-	interest of the State. The chief procurement officer shall
903		-	publish that determination in his or her next volume of the
904		-	Illinois Procurement Bulletin.
905		-	An invitation for bids shall be issued and shall include
906		-	(i) a procurement description, (ii) all contractual terms,
907		-	whenever practical, and (iii) conditions applicable to the
908		-	procurement, including a notice that bids will be received in
909		-	an electronic auction manner.
910		-	Public notice of the invitation for bids shall be given in
911		-	the same manner as provided in subsection (c).
912		-	Bids shall be accepted electronically at the time and in
913		-	the manner designated in the invitation for bids. During the
914		-	auction, a bidder's price shall be disclosed to other bidders.
915		-
916		-
917		-	Bidders shall have the opportunity to reduce their bid prices
918		-	during the auction. At the conclusion of the auction, the
919		-	record of the bid prices received and the name of each bidder
920		-	shall be open to public inspection.
921		-	After the auction period has terminated, withdrawal of
922		-	bids shall be permitted as provided in subsection (f).
923		-	The contract shall be awarded within 60 calendar days
924		-	after the auction by written notice to the lowest responsible
925		-	bidder, or all bids shall be rejected except as otherwise
926		-	provided in this Code. Extensions of the date for the award may
927		-	be made by mutual written consent of the State purchasing
928		-	officer and the lowest responsible bidder.
929		-	This subsection does not apply to (i) procurements of
930		-	professional and artistic services, (ii) telecommunications
931		-	services, communication services, and information services,
932		-	and (iii) contracts for construction projects, including
933		-	design professional services.
934		-	(Source: P.A. 102-29, eff. 6-25-21; 103-558, eff. 1-1-24.)
935		-	(Text of Section from P.A. 96-159, 96-795, 97-96, 97-895,
936		-	98-1076, 99-906, 100-43, 101-31, 101-657, 102-29, and 103-558)
937		-	Sec. 20-10. Competitive sealed bidding; reverse auction.
938		-	(a) Conditions for use. All contracts shall be awarded by
939		-	competitive sealed bidding except as otherwise provided in
940		-	Section 20-5.
941		-	(b) Invitation for bids. An invitation for bids shall be
942		-
943		-
944		-	issued and shall include a purchase description and the
945		-	material contractual terms and conditions applicable to the
946		-	procurement.
947		-	(c) Public notice. Public notice of the invitation for
948		-	bids shall be published in the Illinois Procurement Bulletin
949		-	at least 14 calendar days before the date set in the invitation
950		-	for the opening of bids.
951		-	(d) Bid opening. Bids shall be opened publicly or through
952		-	an electronic procurement system in the presence of one or
953		-	more witnesses at the time and place designated in the
954		-	invitation for bids. The name of each bidder, including earned
955		-	and applied bid credit from the Illinois Works Jobs Program
956		-	Act, the amount of each bid, and other relevant information as
957		-	may be specified by rule shall be recorded. After the award of
958		-	the contract, the winning bid and the record of each
959		-	unsuccessful bid shall be open to public inspection.
960		-	(e) Bid acceptance and bid evaluation. Bids shall be
961		-	unconditionally accepted without alteration or correction,
962		-	except as authorized in this Code. Bids shall be evaluated
963		-	based on the requirements set forth in the invitation for
964		-	bids, which may include criteria to determine acceptability
965		-	such as inspection, testing, quality, workmanship, delivery,
966		-	and suitability for a particular purpose. Those criteria that
967		-	will affect the bid price and be considered in evaluation for
968		-	award, such as discounts, transportation costs, and total or
969		-	life cycle costs, shall be objectively measurable. The
970		-
971		-
972		-	invitation for bids shall set forth the evaluation criteria to
973		-	be used.
974		-	(f) Correction or withdrawal of bids. Correction or
975		-	withdrawal of inadvertently erroneous bids before or after
976		-	award, or cancellation of awards of contracts based on bid
977		-	mistakes, shall be permitted in accordance with rules. After
978		-	bid opening, no changes in bid prices or other provisions of
979		-	bids prejudicial to the interest of the State or fair
980		-	competition shall be permitted. All decisions to permit the
981		-	correction or withdrawal of bids based on bid mistakes shall
982		-	be supported by written determination made by a State
983		-	purchasing officer.
984		-	(g) Award. The contract shall be awarded with reasonable
985		-	promptness by written notice to the lowest responsible and
986		-	responsive bidder whose bid meets the requirements and
987		-	criteria set forth in the invitation for bids, except when a
988		-	State purchasing officer determines it is not in the best
989		-	interest of the State and by written explanation determines
990		-	another bidder shall receive the award. The explanation shall
991		-	appear in the appropriate volume of the Illinois Procurement
992		-	Bulletin. The written explanation must include:
993		-	(1) a description of the agency's needs;
994		-	(2) a determination that the anticipated cost will be
995		-	fair and reasonable;
996		-	(3) a listing of all responsible and responsive
997		-	bidders; and
998		-
999		-
1000		-	(4) the name of the bidder selected, the total
1001		-	contract price, and the reasons for selecting that bidder.
1002		-	Each chief procurement officer may adopt guidelines to
1003		-	implement the requirements of this subsection (g).
1004		-	The written explanation shall be filed with the
1005		-	Legislative Audit Commission, and the Commission on Equity and
1006		-	Inclusion, and the Procurement Policy Board, and be made
1007		-	available for inspection by the public, within 14 days after
1008		-	the agency's decision to award the contract.
1009		-	(g-5) Failed bid notice. In addition to the requirements
1010		-	of subsection (g), if a bidder has failed to be awarded a
1011		-	contract after 4 consecutive bids to provide the same services
1012		-	to the Department of Transportation, the Capital Development
1013		-	Board, or the Illinois State Toll Highway Authority, the
1014		-	applicable agency shall, in writing, detail why each of the 4
1015		-	bids was not awarded to the bidder. The applicable agency
1016		-	shall submit by certified copy to the bidder the reason or
1017		-	reasons why each of the 4 bids was not awarded to the bidder.
1018		-	The agency shall submit that certified copy to the bidder
1019		-	within the same calendar quarter in which the fourth bid was
1020		-	rejected. This subsection does not apply if information
1021		-	pertaining to a failed bid was previously disclosed to a
1022		-	bidder by electronic means. If any agency chooses to provide
1023		-	information by electronic means, the agency shall have a
1024		-	written policy outlining how the agency will reasonably ensure
1025		-	the bidder receives the information. For the purposes of this
1026		-
1027		-
1028		-	subsection, "electronic means" means an email communication
1029		-	from the applicable agency to the bidder or a public posting on
1030		-	the applicable agency's procurement bulletin.
1031		-	(h) Multi-step sealed bidding. When it is considered
1032		-	impracticable to initially prepare a purchase description to
1033		-	support an award based on price, an invitation for bids may be
1034		-	issued requesting the submission of unpriced offers to be
1035		-	followed by an invitation for bids limited to those bidders
1036		-	whose offers have been qualified under the criteria set forth
1037		-	in the first solicitation.
1038		-	(i) Alternative procedures. Notwithstanding any other
1039		-	provision of this Act to the contrary, the Director of the
1040		-	Illinois Power Agency may create alternative bidding
1041		-	procedures to be used in procuring professional services under
1042		-	subsections (a) and (c) of Section 1-75 and subsection (d) of
1043		-	Section 1-78 of the Illinois Power Agency Act and Section
1044		-	16-111.5(c) of the Public Utilities Act and to procure
1045		-	renewable energy resources under Section 1-56 of the Illinois
1046		-	Power Agency Act. These alternative procedures shall be set
1047		-	forth together with the other criteria contained in the
1048		-	invitation for bids, and shall appear in the appropriate
1049		-	volume of the Illinois Procurement Bulletin.
1050		-	(j) Reverse auction. Notwithstanding any other provision
1051		-	of this Section and in accordance with rules adopted by the
1052		-	chief procurement officer, that chief procurement officer may
1053		-	procure supplies or services through a competitive electronic
1054		-
1055		-
1056		-	auction bidding process after the chief procurement officer
1057		-	determines that the use of such a process will be in the best
1058		-	interest of the State. The chief procurement officer shall
1059		-	publish that determination in his or her next volume of the
1060		-	Illinois Procurement Bulletin.
1061		-	An invitation for bids shall be issued and shall include
1062		-	(i) a procurement description, (ii) all contractual terms,
1063		-	whenever practical, and (iii) conditions applicable to the
1064		-	procurement, including a notice that bids will be received in
1065		-	an electronic auction manner.
1066		-	Public notice of the invitation for bids shall be given in
1067		-	the same manner as provided in subsection (c).
1068		-	Bids shall be accepted electronically at the time and in
1069		-	the manner designated in the invitation for bids. During the
1070		-	auction, a bidder's price shall be disclosed to other bidders.
1071		-	Bidders shall have the opportunity to reduce their bid prices
1072		-	during the auction. At the conclusion of the auction, the
1073		-	record of the bid prices received and the name of each bidder
1074		-	shall be open to public inspection.
1075		-	After the auction period has terminated, withdrawal of
1076		-	bids shall be permitted as provided in subsection (f).
1077		-	The contract shall be awarded within 60 calendar days
1078		-	after the auction by written notice to the lowest responsible
1079		-	bidder, or all bids shall be rejected except as otherwise
1080		-	provided in this Code. Extensions of the date for the award may
1081		-	be made by mutual written consent of the State purchasing
1082		-
1083		-
1084		-	officer and the lowest responsible bidder.
1085		-	This subsection does not apply to (i) procurements of
1086		-	professional and artistic services, (ii) telecommunications
1087		-	services, communication services, and information services,
1088		-	and (iii) contracts for construction projects, including
1089		-	design professional services.
1090		-	(Source: P.A. 102-29, eff. 6-25-21; 103-558, eff. 1-1-24.)
1091		-	Section 30. The Emergency Telephone System Act is amended
1092		-	by changing Sections 19, 30, and 35 as follows:
1093		-	(50 ILCS 750/19)
1094		-	(Section scheduled to be repealed on December 31, 2025)
1095		-	Sec. 19. Statewide 9-1-1 Advisory Board.
1096		-	(a) Beginning July 1, 2015, there is created the Statewide
1097		-	9-1-1 Advisory Board within the Illinois State Police. The
1098		-	Board shall consist of the following voting members:
1099		-	(1) The Director of the Illinois State Police, or his
1100		-	or her designee, who shall serve as chairman.
1101		-	(2) The Executive Director of the Commission, or his
1102		-	or her designee.
1103		-	(3) Members appointed by the Governor as follows:
1104		-	(A) one member representing the Illinois chapter
1105		-	of the National Emergency Number Association, or his
1106		-	or her designee;
1107		-	(B) one member representing the Illinois chapter
1108		-
1109		-
1110		-	of the Association of Public-Safety Communications
1111		-	Officials, or his or her designee;
1112		-	(C) one member representing a county 9-1-1 system
1113		-	from a county with a population of less than 37,000;
1114		-	(C-5) one member representing a county 9-1-1
1115		-	system from a county with a population between 37,000
1116		-	and 100,000;
1117		-	(D) one member representing a county 9-1-1 system
1118		-	from a county with a population between 100,001 and
1119		-	250,000;
1120		-	(E) one member representing a county 9-1-1 system
1121		-	from a county with a population of more than 250,000;
1122		-	(F) one member representing a municipal or
1123		-	intergovernmental cooperative 9-1-1 system, excluding
1124		-	any single municipality with a population over
1125		-	500,000;
1126		-	(G) one member representing the Illinois
1127		-	Association of Chiefs of Police;
1128		-	(H) one member representing the Illinois Sheriffs'
1129		-	Association; and
1130		-	(I) one member representing the Illinois Fire
1131		-	Chiefs Association.
1132		-	The Governor shall appoint the following non-voting
1133		-	members: (i) one member representing an incumbent local
1134		-	exchange 9-1-1 system provider; (ii) one member representing a
1135		-	non-incumbent local exchange 9-1-1 system provider; (iii) one
1136		-
1137		-
1138		-	member representing a large wireless carrier; (iv) one member
1139		-	representing an incumbent local exchange carrier; (v) one
1140		-	member representing the Illinois Broadband and
1141		-	Telecommunications Association; (vi) one member representing
1142		-	the Illinois Broadband and Cable Association; and (vii) one
1143		-	member representing the Illinois State Ambulance Association.
1144		-	The Speaker of the House of Representatives, the Minority
1145		-	Leader of the House of Representatives, the President of the
1146		-	Senate, and the Minority Leader of the Senate may each appoint
1147		-	a member of the General Assembly to temporarily serve as a
1148		-	non-voting member of the Board during the 12 months prior to
1149		-	the repeal date of this Act to discuss legislative initiatives
1150		-	of the Board.
1151		-	(b) The Governor shall make initial appointments to the
1152		-	Statewide 9-1-1 Advisory Board by August 31, 2015. Six of the
1153		-	voting members appointed by the Governor shall serve an
1154		-	initial term of 2 years, and the remaining voting members
1155		-	appointed by the Governor shall serve an initial term of 3
1156		-	years. Thereafter, each appointment by the Governor shall be
1157		-	for a term of 3 years and until their respective successors are
1158		-	appointed. Non-voting members shall serve for a term of 3
1159		-	years. Vacancies shall be filled in the same manner as the
1160		-	original appointment. Persons appointed to fill a vacancy
1161		-	shall serve for the balance of the unexpired term.
1162		-	Members of the Statewide 9-1-1 Advisory Board shall serve
1163		-	without compensation.
1164		-
1165		-
1166		-	(c) The 9-1-1 Services Advisory Board, as constituted on
1167		-	June 1, 2015 without the legislative members, shall serve in
1168		-	the role of the Statewide 9-1-1 Advisory Board until all
1169		-	appointments of voting members have been made by the Governor
1170		-	under subsection (a) of this Section.
1171		-	(d) The Statewide 9-1-1 Advisory Board shall:
1172		-	(1) advise the Illinois State Police and the Statewide
1173		-	9-1-1 Administrator on the oversight of 9-1-1 systems and
1174		-	the development and implementation of a uniform statewide
1175		-	9-1-1 system;
1176		-	(2) make recommendations to the Governor and the
1177		-	General Assembly regarding improvements to 9-1-1 services
1178		-	throughout the State; and
1179		-	(3) exercise all other powers and duties provided in
1180		-	this Act.
1181		-	(e) The Statewide 9-1-1 Advisory Board shall submit to the
1182		-	General Assembly a report by March 1 of each year providing an
1183		-	update on the transition to a statewide 9-1-1 system and
1184		-	recommending any legislative action.
1185		-	(f) The Illinois State Police shall provide administrative
1186		-	support to the Statewide 9-1-1 Advisory Board.
1187		-	(Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21;
1188		-	102-813, eff. 5-13-22.)
1189		-	(50 ILCS 750/30)
1190		-	(Text of Section before amendment by P.A. 103-366)
1191		-
1192		-
1193		-	(Section scheduled to be repealed on December 31, 2025)
1194		-	Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement.
1195		-	(a) A special fund in the State treasury known as the
1196		-	Wireless Service Emergency Fund shall be renamed the Statewide
1197		-	9-1-1 Fund. Any appropriations made from the Wireless Service
1198		-	Emergency Fund shall be payable from the Statewide 9-1-1 Fund.
1199		-	The Fund shall consist of the following:
1200		-	(1) 9-1-1 wireless surcharges assessed under the
1201		-	Wireless Emergency Telephone Safety Act.
1202		-	(2) 9-1-1 surcharges assessed under Section 20 of this
1203		-	Act.
1204		-	(3) Prepaid wireless 9-1-1 surcharges assessed under
1205		-	Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act.
1206		-	(4) Any appropriations, grants, or gifts made to the
1207		-	Fund.
1208		-	(5) Any income from interest, premiums, gains, or
1209		-	other earnings on moneys in the Fund.
1210		-	(6) Money from any other source that is deposited in
1211		-	or transferred to the Fund.
1212		-	(b) Subject to appropriation and availability of funds,
1213		-	the Illinois State Police shall distribute the 9-1-1
1214		-	surcharges monthly as follows:
1215		-	(1) From each surcharge collected and remitted under
1216		-	Section 20 of this Act:
1217		-	(A) $0.013 shall be distributed monthly in equal
1218		-	amounts to each County Emergency Telephone System
1219		-
1220		-
1221		-	Board in counties with a population under 100,000
1222		-	according to the most recent census data which is
1223		-	authorized to serve as a primary wireless 9-1-1 public
1224		-	safety answering point for the county and to provide
1225		-	wireless 9-1-1 service as prescribed by subsection (b)
1226		-	of Section 15.6a of this Act, and which does provide
1227		-	such service.
1228		-	(B) $0.033 shall be transferred by the Comptroller
1229		-	at the direction of the Illinois State Police to the
1230		-	Wireless Carrier Reimbursement Fund until June 30,
1231		-	2017; from July 1, 2017 through June 30, 2018, $0.026
1232		-	shall be transferred; from July 1, 2018 through June
1233		-	30, 2019, $0.020 shall be transferred; from July 1,
1234		-	2019, through June 30, 2020, $0.013 shall be
1235		-	transferred; from July 1, 2020 through June 30, 2021,
1236		-	$0.007 will be transferred; and after June 30, 2021,
1237		-	no transfer shall be made to the Wireless Carrier
1238		-	Reimbursement Fund.
1239		-	(C) Until December 31, 2017, $0.007 and on and
1240		-	after January 1, 2018, $0.017 shall be used to cover
1241		-	the Illinois State Police's administrative costs.
1242		-	(D) Beginning January 1, 2018, until June 30,
1243		-	2020, $0.12, and on and after July 1, 2020, $0.04 shall
1244		-	be used to make monthly proportional grants to the
1245		-	appropriate 9-1-1 Authority currently taking wireless
1246		-	9-1-1 based upon the United States Postal Zip Code of
1247		-
1248		-
1249		-	the billing addresses of subscribers wireless
1250		-	carriers.
1251		-	(E) Until June 30, 2025 2023, $0.05 shall be used
1252		-	by the Illinois State Police for grants for NG9-1-1
1253		-	expenses, with priority given to 9-1-1 Authorities
1254		-	that provide 9-1-1 service within the territory of a
1255		-	Large Electing Provider as defined in Section 13-406.1
1256		-	of the Public Utilities Act.
1257		-	(F) On and after July 1, 2020, $0.13 shall be used
1258		-	for the implementation of and continuing expenses for
1259		-	the Statewide NG9-1-1 system.
1260		-	(2) After disbursements under paragraph (1) of this
1261		-	subsection (b), all remaining funds in the Statewide 9-1-1
1262		-	Fund shall be disbursed in the following priority order:
1263		-	(A) The Fund shall pay monthly to:
1264		-	(i) the 9-1-1 Authorities that imposed
1265		-	surcharges under Section 15.3 of this Act and were
1266		-	required to report to the Illinois Commerce
1267		-	Commission under Section 27 of the Wireless
1268		-	Emergency Telephone Safety Act on October 1, 2014,
1269		-	except a 9-1-1 Authority in a municipality with a
1270		-	population in excess of 500,000, an amount equal
1271		-	to the average monthly wireline and VoIP surcharge
1272		-	revenue attributable to the most recent 12-month
1273		-	period reported to the Illinois State Police under
1274		-	that Section for the October 1, 2014 filing,
1275		-
1276		-
1277		-	subject to the power of the Illinois State Police
1278		-	to investigate the amount reported and adjust the
1279		-	number by order under Article X of the Public
1280		-	Utilities Act, so that the monthly amount paid
1281		-	under this item accurately reflects one-twelfth of
1282		-	the aggregate wireline and VoIP surcharge revenue
1283		-	properly attributable to the most recent 12-month
1284		-	period reported to the Commission; or
1285		-	(ii) county qualified governmental entities
1286		-	that did not impose a surcharge under Section 15.3
1287		-	as of December 31, 2015, and counties that did not
1288		-	impose a surcharge as of June 30, 2015, an amount
1289		-	equivalent to their population multiplied by .37
1290		-	multiplied by the rate of $0.69; counties that are
1291		-	not county qualified governmental entities and
1292		-	that did not impose a surcharge as of December 31,
1293		-	2015, shall not begin to receive the payment
1294		-	provided for in this subsection until E9-1-1 and
1295		-	wireless E9-1-1 services are provided within their
1296		-	counties; or
1297		-	(iii) counties without 9-1-1 service that had
1298		-	a surcharge in place by December 31, 2015, an
1299		-	amount equivalent to their population multiplied
1300		-	by .37 multiplied by their surcharge rate as
1301		-	established by the referendum.
1302		-	(B) All 9-1-1 network costs for systems outside of
1303		-
1304		-
1305		-	municipalities with a population of at least 500,000
1306		-	shall be paid by the Illinois State Police directly to
1307		-	the vendors.
1308		-	(C) All expenses incurred by the Administrator and
1309		-	the Statewide 9-1-1 Advisory Board and costs
1310		-	associated with procurement under Section 15.6b
1311		-	including requests for information and requests for
1312		-	proposals.
1313		-	(D) Funds may be held in reserve by the Statewide
1314		-	9-1-1 Advisory Board and disbursed by the Illinois
1315		-	State Police for grants under Section 15.4b of this
1316		-	Act and for NG9-1-1 expenses up to $12.5 million per
1317		-	year in State fiscal years 2016 and 2017; up to $20
1318		-	million in State fiscal year 2018; up to $20.9 million
1319		-	in State fiscal year 2019; up to $15.3 million in State
1320		-	fiscal year 2020; up to $16.2 million in State fiscal
1321		-	year 2021; up to $23.1 million in State fiscal year
1322		-	2022; and up to $17.0 million per year for State fiscal
1323		-	year 2023 and each year thereafter. The amount held in
1324		-	reserve in State fiscal years 2021, 2022, and 2023
1325		-	shall not be less than $6.5 million. Disbursements
1326		-	under this subparagraph (D) shall be prioritized as
1327		-	follows: (i) consolidation grants prioritized under
1328		-	subsection (a) of Section 15.4b of this Act; (ii)
1329		-	NG9-1-1 expenses; and (iii) consolidation grants under
1330		-	Section 15.4b of this Act for consolidation expenses
1331		-
1332		-
1333		-	incurred between January 1, 2010, and January 1, 2016.
1334		-	(E) All remaining funds per remit month shall be
1335		-	used to make monthly proportional grants to the
1336		-	appropriate 9-1-1 Authority currently taking wireless
1337		-	9-1-1 based upon the United States Postal Zip Code of
1338		-	the billing addresses of subscribers of wireless
1339		-	carriers.
1340		-	(c) The moneys deposited into the Statewide 9-1-1 Fund
1341		-	under this Section shall not be subject to administrative
1342		-	charges or chargebacks unless otherwise authorized by this
1343		-	Act.
1344		-	(d) Whenever two or more 9-1-1 Authorities consolidate,
1345		-	the resulting Joint Emergency Telephone System Board shall be
1346		-	entitled to the monthly payments that had theretofore been
1347		-	made to each consolidating 9-1-1 Authority. Any reserves held
1348		-	by any consolidating 9-1-1 Authority shall be transferred to
1349		-	the resulting Joint Emergency Telephone System Board. Whenever
1350		-	a county that has no 9-1-1 service as of January 1, 2016 enters
1351		-	into an agreement to consolidate to create or join a Joint
1352		-	Emergency Telephone System Board, the Joint Emergency
1353		-	Telephone System Board shall be entitled to the monthly
1354		-	payments that would have otherwise been paid to the county if
1355		-	it had provided 9-1-1 service.
1356		-	(Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21;
1357		-	102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
1358		-
1359		-
1360		-	(Text of Section after amendment by P.A. 103-366)
1361		-	(Section scheduled to be repealed on December 31, 2025)
1362		-	Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement.
1363		-	(a) A special fund in the State treasury known as the
1364		-	Wireless Service Emergency Fund shall be renamed the Statewide
1365		-	9-1-1 Fund. Any appropriations made from the Wireless Service
1366		-	Emergency Fund shall be payable from the Statewide 9-1-1 Fund.
1367		-	The Fund shall consist of the following:
1368		-	(1) (Blank).
1369		-	(2) 9-1-1 surcharges assessed under Section 20 of this
1370		-	Act.
1371		-	(3) Prepaid wireless 9-1-1 surcharges assessed under
1372		-	Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act.
1373		-	(4) Any appropriations, grants, or gifts made to the
1374		-	Fund.
1375		-	(5) Any income from interest, premiums, gains, or
1376		-	other earnings on moneys in the Fund.
1377		-	(6) Money from any other source that is deposited in
1378		-	or transferred to the Fund.
1379		-	(b) Subject to appropriation and availability of funds,
1380		-	the Illinois State Police shall distribute the 9-1-1
1381		-	surcharges monthly as follows:
1382		-	(1) From each surcharge collected and remitted under
1383		-	Section 20 of this Act:
1384		-	(A) $0.013 shall be distributed monthly in equal
1385		-	amounts to each County Emergency Telephone System
1386		-
1387		-
1388		-	Board in counties with a population under 100,000
1389		-	according to the most recent census data which is
1390		-	authorized to serve as a primary wireless 9-1-1 public
1391		-	safety answering point for the county and to provide
1392		-	wireless 9-1-1 service as prescribed by subsection (b)
1393		-	of Section 15.6a of this Act, and which does provide
1394		-	such service.
1395		-	(B) (Blank).
1396		-	(C) Until December 31, 2017, $0.007 and on and
1397		-	after January 1, 2018, $0.017 shall be used to cover
1398		-	the Illinois State Police's administrative costs.
1399		-	(D) Beginning January 1, 2018, until June 30,
1400		-	2020, $0.12, and on and after July 1, 2020, $0.04 shall
1401		-	be used to make monthly disbursements to the
1402		-	appropriate 9-1-1 Authority currently taking wireless
1403		-	9-1-1 based upon the United States Postal Zip Code of
1404		-	the billing addresses of subscribers wireless
1405		-	carriers.
1406		-	(E) Until June 30, 2025 2023, $0.05 shall be used
1407		-	by the Illinois State Police for grants for NG9-1-1
1408		-	expenses, with priority given to 9-1-1 Authorities
1409		-	that provide 9-1-1 service within the territory of a
1410		-	Large Electing Provider as defined in Section 13-406.1
1411		-	of the Public Utilities Act.
1412		-	(F) On and after July 1, 2020, $0.13 shall be used
1413		-	for the implementation of and continuing expenses for
1414		-
1415		-
1416		-	the Statewide NG9-1-1 system.
1417		-	(1.5) Beginning on the effective date of this
1418		-	amendatory Act of the 103rd General Assembly, to assist
1419		-	with the implementation of the statewide Next Generation
1420		-	9-1-1 network, the Illinois State Police's administrative
1421		-	costs include the one-time capital cost of upgrading the
1422		-	Illinois State Police's call-handling equipment to meet
1423		-	the standards necessary to access and increase
1424		-	interoperability with the statewide Next Generation 9-1-1
1425		-	network.
1426		-	(A) Upon completion of the Illinois State Police's
1427		-	call-handling equipment upgrades, but no later than
1428		-	June 30, 2024, surplus moneys in excess of $1,000,000
1429		-	from subparagraph (C) of paragraph (1) not utilized by
1430		-	the Illinois State Police for administrative costs
1431		-	shall be distributed to the 9-1-1 Authorities in
1432		-	accordance with subparagraph (E) of paragraph (2) on
1433		-	an annual basis at the end of the State fiscal year.
1434		-	Any remaining surplus money may also be distributed
1435		-	consistent with this paragraph (1.5) at the discretion
1436		-	of the Illinois State Police.
1437		-	(B) Upon implementation of the Statewide NG9-1-1
1438		-	system, but no later than June 30, 2024, surplus
1439		-	moneys in excess of $5,000,000 from subparagraph (F)
1440		-	of paragraph (1) not utilized by the Illinois State
1441		-	Police for the implementation of and continuing
1442		-
1443		-
1444		-	expenses for the Statewide NG9-1-1 system shall be
1445		-	distributed to the 9-1-1 Authorities in accordance
1446		-	with subparagraph (E) of subsection (2) on an annual
1447		-	basis at the end of the State fiscal year. Any
1448		-	remaining surplus money may also be distributed
1449		-	consistent with this paragraph (1.5) at the discretion
1450		-	of the Illinois State Police.
1451		-	(2) After disbursements under paragraph (1) of this
1452		-	subsection (b), all remaining funds in the Statewide 9-1-1
1453		-	Fund shall be disbursed in the following priority order:
1454		-	(A) The Fund shall pay monthly to:
1455		-	(i) the 9-1-1 Authorities that imposed
1456		-	surcharges under Section 15.3 of this Act and were
1457		-	required to report to the Illinois Commerce
1458		-	Commission under Section 27 of the Wireless
1459		-	Emergency Telephone Safety Act on October 1, 2014,
1460		-	except a 9-1-1 Authority in a municipality with a
1461		-	population in excess of 500,000, an amount equal
1462		-	to the average monthly wireline and VoIP surcharge
1463		-	revenue attributable to the most recent 12-month
1464		-	period reported to the Illinois State Police under
1465		-	that Section for the October 1, 2014 filing,
1466		-	subject to the power of the Illinois State Police
1467		-	to investigate the amount reported and adjust the
1468		-	number by order under Article X of the Public
1469		-	Utilities Act, so that the monthly amount paid
1470		-
1471		-
1472		-	under this item accurately reflects one-twelfth of
1473		-	the aggregate wireline and VoIP surcharge revenue
1474		-	properly attributable to the most recent 12-month
1475		-	period reported to the Commission; or
1476		-	(ii) county qualified governmental entities
1477		-	that did not impose a surcharge under Section 15.3
1478		-	as of December 31, 2015, and counties that did not
1479		-	impose a surcharge as of June 30, 2015, an amount
1480		-	equivalent to their population multiplied by .37
1481		-	multiplied by the rate of $0.69; counties that are
1482		-	not county qualified governmental entities and
1483		-	that did not impose a surcharge as of December 31,
1484		-	2015, shall not begin to receive the payment
1485		-	provided for in this subsection until E9-1-1 and
1486		-	wireless E9-1-1 services are provided within their
1487		-	counties; or
1488		-	(iii) counties without 9-1-1 service that had
1489		-	a surcharge in place by December 31, 2015, an
1490		-	amount equivalent to their population multiplied
1491		-	by .37 multiplied by their surcharge rate as
1492		-	established by the referendum.
1493		-	(B) All 9-1-1 network costs for systems outside of
1494		-	municipalities with a population of at least 500,000
1495		-	shall be paid by the Illinois State Police directly to
1496		-	the vendors.
1497		-	(C) All expenses incurred by the Administrator and
1498		-
1499		-
1500		-	the Statewide 9-1-1 Advisory Board and costs
1501		-	associated with procurement under Section 15.6b
1502		-	including requests for information and requests for
1503		-	proposals.
1504		-	(D) Funds may be held in reserve by the Statewide
1505		-	9-1-1 Advisory Board and disbursed by the Illinois
1506		-	State Police for grants under Section 15.4b of this
1507		-	Act and for NG9-1-1 expenses up to $12.5 million per
1508		-	year in State fiscal years 2016 and 2017; up to $20
1509		-	million in State fiscal year 2018; up to $20.9 million
1510		-	in State fiscal year 2019; up to $15.3 million in State
1511		-	fiscal year 2020; up to $16.2 million in State fiscal
1512		-	year 2021; up to $23.1 million in State fiscal year
1513		-	2022; and up to $17.0 million per year for State fiscal
1514		-	year 2023 and each year thereafter. The amount held in
1515		-	reserve in State fiscal years 2021, 2022, and 2023
1516		-	shall not be less than $6.5 million. Disbursements
1517		-	under this subparagraph (D) shall be prioritized as
1518		-	follows: (i) consolidation grants prioritized under
1519		-	subsection (a) of Section 15.4b of this Act; (ii)
1520		-	NG9-1-1 expenses; and (iii) consolidation grants under
1521		-	Section 15.4b of this Act for consolidation expenses
1522		-	incurred between January 1, 2010, and January 1, 2016.
1523		-	(E) All remaining funds per remit month shall be
1524		-	used to make monthly disbursements to the appropriate
1525		-	9-1-1 Authority currently taking wireless 9-1-1 based
1526		-
1527		-
1528		-	upon the United States Postal Zip Code of the billing
1529		-	addresses of subscribers of wireless carriers.
1530		-	(c) The moneys deposited into the Statewide 9-1-1 Fund
1531		-	under this Section shall not be subject to administrative
1532		-	charges or chargebacks unless otherwise authorized by this
1533		-	Act.
1534		-	(d) Whenever two or more 9-1-1 Authorities consolidate,
1535		-	the resulting Joint Emergency Telephone System Board shall be
1536		-	entitled to the monthly payments that had theretofore been
1537		-	made to each consolidating 9-1-1 Authority. Any reserves held
1538		-	by any consolidating 9-1-1 Authority shall be transferred to
1539		-	the resulting Joint Emergency Telephone System Board. Whenever
1540		-	a county that has no 9-1-1 service as of January 1, 2016 enters
1541		-	into an agreement to consolidate to create or join a Joint
1542		-	Emergency Telephone System Board, the Joint Emergency
1543		-	Telephone System Board shall be entitled to the monthly
1544		-	payments that would have otherwise been paid to the county if
1545		-	it had provided 9-1-1 service.
1546		-	(Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21;
1547		-	102-813, eff. 5-13-22; 103-366, eff. 1-1-24.)
1548		-	(50 ILCS 750/35)
1549		-	(Text of Section before amendment by P.A. 103-366)
1550		-	(Section scheduled to be repealed on December 31, 2025)
1551		-	Sec. 35. 9-1-1 surcharge; allowable expenditures. Except
1552		-	as otherwise provided in this Act, expenditures from surcharge
1553		-
1554		-
1555		-	revenues received under this Act may be made by
1556		-	municipalities, counties, and 9-1-1 Authorities only to pay
1557		-	for the costs associated with the following:
1558		-	(1) The design of the Emergency Telephone System.
1559		-	(2) The coding of an initial Master Street Address
1560		-	Guide database, and update and maintenance thereof.
1561		-	(3) The repayment of any moneys advanced for the
1562		-	implementation of the system.
1563		-	(4) The charges for Automatic Number Identification
1564		-	and Automatic Location Identification equipment, a
1565		-	computer aided dispatch system that records, maintains,
1566		-	and integrates information, mobile data transmitters
1567		-	equipped with automatic vehicle locators, and maintenance,
1568		-	replacement, and update thereof to increase operational
1569		-	efficiency and improve the provision of emergency
1570		-	services.
1571		-	(5) The non-recurring charges related to installation
1572		-	of the Emergency Telephone System.
1573		-	(6) The initial acquisition and installation, or the
1574		-	reimbursement of costs therefor to other governmental
1575		-	bodies that have incurred those costs, of road or street
1576		-	signs that are essential to the implementation of the
1577		-	Emergency Telephone System and that are not duplicative of
1578		-	signs that are the responsibility of the jurisdiction
1579		-	charged with maintaining road and street signs. Funds may
1580		-	not be used for ongoing expenses associated with road or
1581		-
1582		-
1583		-	street sign maintenance and replacement.
1584		-	(7) Other products and services necessary for the
1585		-	implementation, upgrade, and maintenance of the system and
1586		-	any other purpose related to the operation of the system,
1587		-	including costs attributable directly to the construction,
1588		-	leasing, or maintenance of any buildings or facilities or
1589		-	costs of personnel attributable directly to the operation
1590		-	of the system. Costs attributable directly to the
1591		-	operation of an emergency telephone system do not include
1592		-	the costs of public safety agency personnel who are and
1593		-	equipment that is dispatched in response to an emergency
1594		-	call.
1595		-	(8) The defraying of expenses incurred to implement
1596		-	Next Generation 9-1-1, subject to the conditions set forth
1597		-	in this Act.
1598		-	(9) The implementation of a computer aided dispatch
1599		-	system or hosted supplemental 9-1-1 services.
1600		-	(10) The design, implementation, operation,
1601		-	maintenance, or upgrade of wireless 9-1-1, E9-1-1, or
1602		-	NG9-1-1 emergency services and public safety answering
1603		-	points.
1604		-	In the case of a municipality with a population over
1605		-	500,000, moneys may also be used for any anti-terrorism or
1606		-	emergency preparedness measures, including, but not limited
1607		-	to, preparedness planning, providing local matching funds for
1608		-	federal or State grants, personnel training, and specialized
1609		-
1610		-
1611		-	equipment, including surveillance cameras, as needed to deal
1612		-	with natural and terrorist-inspired emergency situations or
1613		-	events.
1614		-	(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
1615		-	(Text of Section after amendment by P.A. 103-366)
1616		-	(Section scheduled to be repealed on December 31, 2025)
1617		-	Sec. 35. 9-1-1 surcharge; allowable expenditures.
1618		-	(a) Except as otherwise provided in this Act, expenditures
1619		-	from surcharge revenues received under this Act shall be made
1620		-	consistent with 47 CFR 9.23, which include the following:
1621		-	(1) support and implementation of 9-1-1 services
1622		-	provided by or in the State or taxing jurisdiction
1623		-	imposing the fee or charge; and
1624		-	(2) operational expenses of public safety answering
1625		-	points within the State. Examples of allowable
1626		-	expenditures include, but are not limited to:
1627		-	(A) PSAP operating costs, including lease,
1628		-	purchase, maintenance, replacement, and upgrade of
1629		-	customer premises equipment (hardware and software),
1630		-	CAD equipment (hardware and software), and the PSAP
1631		-	building and facility and including NG9-1-1,
1632		-	cybersecurity, pre-arrival instructions, and emergency
1633		-	notification systems. PSAP operating costs include
1634		-	technological innovation that supports 9-1-1;
1635		-	(B) PSAP personnel costs, including
1636		-
1637		-
1638		-	telecommunicators' salaries and training;
1639		-	(C) PSAP administration, including costs for
1640		-	administration of 9-1-1 services and travel expenses
1641		-	associated with the provision of 9-1-1 services;
1642		-	(D) integrating public safety and first responder
1643		-	dispatch and 9-1-1 systems, including lease, purchase,
1644		-	maintenance, and upgrade of CAD equipment (hardware
1645		-	and software) to support integrated 9-1-1 and public
1646		-	safety dispatch operations; and
1647		-	(E) providing the interoperability of 9-1-1
1648		-	systems with one another and with public safety and
1649		-	first responder radio systems; and .
1650		-	(F) costs for the initial acquisition and
1651		-	installation of road or street signs that are
1652		-	essential to the implementation of the Emergency
1653		-	Telephone System and that are not duplicative of signs
1654		-	that are the responsibility of the jurisdiction
1655		-	charged with maintaining road and street signs, as
1656		-	well as costs incurred to reimburse governmental
1657		-	bodies for the acquisition and installation of those
1658		-	signs, except that expenditures may not be used for
1659		-	ongoing expenses associated with sign maintenance and
1660		-	replacement.
1661		-	(3) (Blank).
1662		-	(4) (Blank).
1663		-	(5) (Blank).
1664		-
1665		-
1666		-	(6) (Blank).
1667		-	(7) (Blank).
1668		-	(8) (Blank).
1669		-	(9) (Blank).
1670		-	(10) (Blank).
1671		-	(b) The obligation or expenditure of surcharge revenues
1672		-	received under this Act for a purpose or function inconsistent
1673		-	with 47 CFR 9.23 and this Section shall constitute diversion,
1674		-	which undermines the purpose of this Act by depriving the
1675		-	9-1-1 system of the funds it needs to function effectively and
1676		-	to modernize 9-1-1 operations. Examples of diversion include,
1677		-	but are not limited to:
1678		-	(1) transfer of 9-1-1 fees into a State or other
1679		-	jurisdiction's general fund or other fund for non-9-1-1
1680		-	purposes;
1681		-	(2) use of surcharge revenues for equipment or
1682		-	infrastructure for constructing or expanding
1683		-	non-public-safety communications networks (e.g.,
1684		-	commercial cellular networks); and
1685		-	(3) use of surcharge revenues for equipment or
1686		-	infrastructure for law enforcement, firefighters, and
1687		-	other public safety or first responder entities that does
1688		-	not directly support providing 9-1-1 services.
1689		-	(c) In the case of a municipality with a population over
1690		-	500,000, moneys may also be used for any anti-terrorism or
1691		-	emergency preparedness measures, including, but not limited
1692		-
1693		-
1694		-	to, preparedness planning, providing local matching funds for
1695		-	federal or State grants, personnel training, and specialized
1696		-	equipment, including surveillance cameras, as needed to deal
1697		-	with natural and terrorist-inspired emergency situations or
1698		-	events.
1699		-	(Source: P.A. 103-366, eff. 1-1-24.)
1700		-	Section 35. The Prepaid Wireless 9-1-1 Surcharge Act is
1701		-	amended by changing Section 15 as follows:
1702		-	(50 ILCS 753/15)
1703		-	Sec. 15. Prepaid wireless 9-1-1 surcharge.
1704		-	(a) Until September 30, 2015, there is hereby imposed on
1705		-	consumers a prepaid wireless 9-1-1 surcharge of 1.5% per
1706		-	retail transaction. Beginning October 1, 2015, the prepaid
1707		-	wireless 9-1-1 surcharge shall be 3% per retail transaction.
1708		-	Until December 31, 2023, the The surcharge authorized by this
1709		-	subsection (a) does not apply in a home rule municipality
1710		-	having a population in excess of 500,000.
1711		-	(a-5) On or after the effective date of this amendatory
1712		-	Act of the 98th General Assembly and until December 31, 2023, a
1713		-	home rule municipality having a population in excess of
1714		-	500,000 on the effective date of this amendatory Act may
1715		-	impose a prepaid wireless 9-1-1 surcharge not to exceed 9% per
1716		-	retail transaction sourced to that jurisdiction and collected
1717		-	and remitted in accordance with the provisions of subsection
1718		-
1719		-
1720		-	(b-5) of this Section.
1721		-	(b) The prepaid wireless 9-1-1 surcharge shall be
1722		-	collected by the seller from the consumer with respect to each
1723		-	retail transaction occurring in this State and shall be
1724		-	remitted to the Department by the seller as provided in this
1725		-	Act. The amount of the prepaid wireless 9-1-1 surcharge shall
1726		-	be separately stated as a distinct item apart from the charge
1727		-	for the prepaid wireless telecommunications service on an
1728		-	invoice, receipt, or other similar document that is provided
1729		-	to the consumer by the seller or shall be otherwise disclosed
1730		-	to the consumer. If the seller does not separately state the
1731		-	surcharge as a distinct item to the consumer as provided in
1732		-	this Section, then the seller shall maintain books and records
1733		-	as required by this Act which clearly identify the amount of
1734		-	the 9-1-1 surcharge for retail transactions.
1735		-	For purposes of this subsection (b), a retail transaction
1736		-	occurs in this State if (i) the retail transaction is made in
1737		-	person by a consumer at the seller's business location and the
1738		-	business is located within the State; (ii) the seller is a
1739		-	provider and sells prepaid wireless telecommunications service
1740		-	to a consumer located in Illinois; (iii) the retail
1741		-	transaction is treated as occurring in this State for purposes
1742		-	of the Retailers' Occupation Tax Act; or (iv) a seller that is
1743		-	included within the definition of a "retailer maintaining a
1744		-	place of business in this State" under Section 2 of the Use Tax
1745		-	Act makes a sale of prepaid wireless telecommunications
1746		-
1747		-
1748		-	service to a consumer located in Illinois. In the case of a
1749		-	retail transaction which does not occur in person at a
1750		-	seller's business location, if a consumer uses a credit card
1751		-	to purchase prepaid wireless telecommunications service
1752		-	on-line or over the telephone, and no product is shipped to the
1753		-	consumer, the transaction occurs in this State if the billing
1754		-	address for the consumer's credit card is in this State.
1755		-	(b-5) The prepaid wireless 9-1-1 surcharge imposed under
1756		-	subsection (a-5) of this Section shall be collected by the
1757		-	seller from the consumer with respect to each retail
1758		-	transaction occurring in the municipality imposing the
1759		-	surcharge. The amount of the prepaid wireless 9-1-1 surcharge
1760		-	shall be separately stated on an invoice, receipt, or other
1761		-	similar document that is provided to the consumer by the
1762		-	seller or shall be otherwise disclosed to the consumer. If the
1763		-	seller does not separately state the surcharge as a distinct
1764		-	item to the consumer as provided in this Section, then the
1765		-	seller shall maintain books and records as required by this
1766		-	Act which clearly identify the amount of the 9-1-1 surcharge
1767		-	for retail transactions.
1768		-	For purposes of this subsection (b-5), a retail
1769		-	transaction occurs in the municipality if (i) the retail
1770		-	transaction is made in person by a consumer at the seller's
1771		-	business location and the business is located within the
1772		-	municipality; (ii) the seller is a provider and sells prepaid
1773		-	wireless telecommunications service to a consumer located in
1774		-
1775		-
1776		-	the municipality; (iii) the retail transaction is treated as
1777		-	occurring in the municipality for purposes of the Retailers'
1778		-	Occupation Tax Act; or (iv) a seller that is included within
1779		-	the definition of a "retailer maintaining a place of business
1780		-	in this State" under Section 2 of the Use Tax Act makes a sale
1781		-	of prepaid wireless telecommunications service to a consumer
1782		-	located in the municipality. In the case of a retail
1783		-	transaction which does not occur in person at a seller's
1784		-	business location, if a consumer uses a credit card to
1785		-	purchase prepaid wireless telecommunications service on-line
1786		-	or over the telephone, and no product is shipped to the
1787		-	consumer, the transaction occurs in the municipality if the
1788		-	billing address for the consumer's credit card is in the
1789		-	municipality.
1790		-	(c) The prepaid wireless 9-1-1 surcharge is imposed on the
1791		-	consumer and not on any provider. The seller shall be liable to
1792		-	remit all prepaid wireless 9-1-1 surcharges that the seller
1793		-	collects from consumers as provided in Section 20, including
1794		-	all such surcharges that the seller is deemed to collect where
1795		-	the amount of the surcharge has not been separately stated on
1796		-	an invoice, receipt, or other similar document provided to the
1797		-	consumer by the seller. The surcharge collected or deemed
1798		-	collected by a seller shall constitute a debt owed by the
1799		-	seller to this State, and any such surcharge actually
1800		-	collected shall be held in trust for the benefit of the
1801		-	Department.
1802		-
1803		-
1804		-	For purposes of this subsection (c), the surcharge shall
1805		-	not be imposed or collected from entities that have an active
1806		-	tax exemption identification number issued by the Department
1807		-	under Section 1g of the Retailers' Occupation Tax Act.
1808		-	(d) The amount of the prepaid wireless 9-1-1 surcharge
1809		-	that is collected by a seller from a consumer, if such amount
1810		-	is separately stated on an invoice, receipt, or other similar
1811		-	document provided to the consumer by the seller, shall not be
1812		-	included in the base for measuring any tax, fee, surcharge, or
1813		-	other charge that is imposed by this State, any political
1814		-	subdivision of this State, or any intergovernmental agency.
1815		-	(e) (Blank).
1816		-	(e-5) Any changes in the rate of the surcharge imposed by a
1817		-	municipality under the authority granted in subsection (a-5)
1818		-	of this Section shall be effective on the first day of the
1819		-	first calendar month to occur at least 60 days after the
1820		-	enactment of the change. The Department shall provide not less
1821		-	than 30 days' notice of the increase or reduction in the rate
1822		-	of such surcharge on the Department's website.
1823		-	(f) When prepaid wireless telecommunications service is
1824		-	sold with one or more other products or services for a single,
1825		-	non-itemized price, then the percentage specified in
1826		-	subsection (a) or (a-5) of this Section 15 shall be applied to
1827		-	the entire non-itemized price unless the seller elects to
1828		-	apply the percentage to (i) the dollar amount of the prepaid
1829		-	wireless telecommunications service if that dollar amount is
1830		-
1831		-
1832		-	disclosed to the consumer or (ii) the portion of the price that
1833		-	is attributable to the prepaid wireless telecommunications
1834		-	service if the retailer can identify that portion by
1835		-	reasonable and verifiable standards from its books and records
1836		-	that are kept in the regular course of business for other
1837		-	purposes, including, but not limited to, books and records
1838		-	that are kept for non-tax purposes. However, if a minimal
1839		-	amount of prepaid wireless telecommunications service is sold
1840		-	with a prepaid wireless device for a single, non-itemized
1841		-	price, then the seller may elect not to apply the percentage
1842		-	specified in subsection (a) or (a-5) of this Section 15 to such
1843		-	transaction. For purposes of this subsection, an amount of
1844		-	service denominated as 10 minutes or less or $5 or less is
1845		-	considered minimal.
1846		-	(g) The prepaid wireless 9-1-1 surcharge imposed under
1847		-	subsections (a) and (a-5) of this Section is not imposed on the
1848		-	provider or the consumer for wireless Lifeline service where
1849		-	the consumer does not pay the provider for the service. Where
1850		-	the consumer purchases from the provider optional minutes,
1851		-	texts, or other services in addition to the federally funded
1852		-	Lifeline benefit, a consumer must pay the prepaid wireless
1853		-	9-1-1 surcharge, and it must be collected by the seller
1854		-	according to subsection (b-5).
1855		-	(Source: P.A. 102-9, eff. 6-3-21.)
1856		-	Section 40. The School Code is amended by changing
1857		-
1858		-
1859		-	Sections 21B-20, 27-20.3, and 27-21 and by renumbering and
1860		-	changing Section 22-95, as added by Public Act 103-46, as
1861		-	follows:
1862		-	(105 ILCS 5/21B-20)
1863		-	(Text of Section before amendment by P.A. 103-193)
1864		-	Sec. 21B-20. Types of licenses. The State Board of
1865		-	Education shall implement a system of educator licensure,
1866		-	whereby individuals employed in school districts who are
1867		-	required to be licensed must have one of the following
1868		-	licenses: (i) a professional educator license; (ii) an
1869		-	educator license with stipulations; (iii) a substitute
1870		-	teaching license; or (iv) until June 30, 2028, a short-term
1871		-	substitute teaching license. References in law regarding
1872		-	individuals certified or certificated or required to be
1873		-	certified or certificated under Article 21 of this Code shall
1874		-	also include individuals licensed or required to be licensed
1875		-	under this Article. The first year of all licenses ends on June
1876		-	30 following one full year of the license being issued.
1877		-	The State Board of Education, in consultation with the
1878		-	State Educator Preparation and Licensure Board, may adopt such
1879		-	rules as may be necessary to govern the requirements for
1880		-	licenses and endorsements under this Section.
1881		-	(1) Professional Educator License. Persons who (i)
1882		-	have successfully completed an approved educator
1883		-	preparation program and are recommended for licensure by
1884		-
1885		-
1886		-	the Illinois institution offering the educator preparation
1887		-	program, (ii) have successfully completed the required
1888		-	testing under Section 21B-30 of this Code, (iii) have
1889		-	successfully completed coursework on the psychology of,
1890		-	the identification of, and the methods of instruction for
1891		-	the exceptional child, including, without limitation,
1892		-	children with learning disabilities, (iv) have
1893		-	successfully completed coursework in methods of reading
1894		-	and reading in the content area, and (v) have met all other
1895		-	criteria established by rule of the State Board of
1896		-	Education shall be issued a Professional Educator License.
1897		-	All Professional Educator Licenses are valid until June 30
1898		-	immediately following 5 years of the license being issued.
1899		-	The Professional Educator License shall be endorsed with
1900		-	specific areas and grade levels in which the individual is
1901		-	eligible to practice. For an early childhood education
1902		-	endorsement, an individual may satisfy the student
1903		-	teaching requirement of his or her early childhood teacher
1904		-	preparation program through placement in a setting with
1905		-	children from birth through grade 2, and the individual
1906		-	may be paid and receive credit while student teaching. The
1907		-	student teaching experience must meet the requirements of
1908		-	and be approved by the individual's early childhood
1909		-	teacher preparation program.
1910		-	Individuals can receive subsequent endorsements on the
1911		-	Professional Educator License. Subsequent endorsements
1912		-
1913		-
1914		-	shall require a minimum of 24 semester hours of coursework
1915		-	in the endorsement area and passage of the applicable
1916		-	content area test, unless otherwise specified by rule.
1917		-	(2) Educator License with Stipulations. An Educator
1918		-	License with Stipulations shall be issued an endorsement
1919		-	that limits the license holder to one particular position
1920		-	or does not require completion of an approved educator
1921		-	program or both.
1922		-	An individual with an Educator License with
1923		-	Stipulations must not be employed by a school district or
1924		-	any other entity to replace any presently employed teacher
1925		-	who otherwise would not be replaced for any reason.
1926		-	An Educator License with Stipulations may be issued
1927		-	with the following endorsements:
1928		-	(A) (Blank).
1929		-	(B) Alternative provisional educator. An
1930		-	alternative provisional educator endorsement on an
1931		-	Educator License with Stipulations may be issued to an
1932		-	applicant who, at the time of applying for the
1933		-	endorsement, has done all of the following:
1934		-	(i) Graduated from a regionally accredited
1935		-	college or university with a minimum of a
1936		-	bachelor's degree.
1937		-	(ii) Successfully completed the first phase of
1938		-	the Alternative Educator Licensure Program for
1939		-	Teachers, as described in Section 21B-50 of this
1940		-
1941		-
1942		-	Code.
1943		-	(iii) Passed a content area test, as required
1944		-	under Section 21B-30 of this Code.
1945		-	The alternative provisional educator endorsement is
1946		-	valid for 2 years of teaching and may be renewed for a
1947		-	third year by an individual meeting the requirements set
1948		-	forth in Section 21B-50 of this Code.
1949		-	(C) Alternative provisional superintendent. An
1950		-	alternative provisional superintendent endorsement on
1951		-	an Educator License with Stipulations entitles the
1952		-	holder to serve only as a superintendent or assistant
1953		-	superintendent in a school district's central office.
1954		-	This endorsement may only be issued to an applicant
1955		-	who, at the time of applying for the endorsement, has
1956		-	done all of the following:
1957		-	(i) Graduated from a regionally accredited
1958		-	college or university with a minimum of a master's
1959		-	degree in a management field other than education.
1960		-	(ii) Been employed for a period of at least 5
1961		-	years in a management level position in a field
1962		-	other than education.
1963		-	(iii) Successfully completed the first phase
1964		-	of an alternative route to superintendent
1965		-	endorsement program, as provided in Section 21B-55
1966		-	of this Code.
1967		-	(iv) Passed a content area test required under
1968		-
1969		-
1970		-	Section 21B-30 of this Code.
1971		-	The endorsement is valid for 2 fiscal years in
1972		-	order to complete one full year of serving as a
1973		-	superintendent or assistant superintendent.
1974		-	(D) (Blank).
1975		-	(E) Career and technical educator. A career and
1976		-	technical educator endorsement on an Educator License
1977		-	with Stipulations may be issued to an applicant who
1978		-	has a minimum of 60 semester hours of coursework from a
1979		-	regionally accredited institution of higher education
1980		-	or an accredited trade and technical institution and
1981		-	has a minimum of 2,000 hours of experience outside of
1982		-	education in each area to be taught.
1983		-	The career and technical educator endorsement on
1984		-	an Educator License with Stipulations is valid until
1985		-	June 30 immediately following 5 years of the
1986		-	endorsement being issued and may be renewed.
1987		-	An individual who holds a valid career and
1988		-	technical educator endorsement on an Educator License
1989		-	with Stipulations but does not hold a bachelor's
1990		-	degree may substitute teach in career and technical
1991		-	education classrooms.
1992		-	(F) (Blank).
1993		-	(G) Transitional bilingual educator. A
1994		-	transitional bilingual educator endorsement on an
1995		-	Educator License with Stipulations may be issued for
1996		-
1997		-
1998		-	the purpose of providing instruction in accordance
1999		-	with Article 14C of this Code to an applicant who
2000		-	provides satisfactory evidence that he or she meets
2001		-	all of the following requirements:
2002		-	(i) Possesses adequate speaking, reading, and
2003		-	writing ability in the language other than English
2004		-	in which transitional bilingual education is
2005		-	offered.
2006		-	(ii) Has the ability to successfully
2007		-	communicate in English.
2008		-	(iii) Either possessed, within 5 years
2009		-	previous to his or her applying for a transitional
2010		-	bilingual educator endorsement, a valid and
2011		-	comparable teaching certificate or comparable
2012		-	authorization issued by a foreign country or holds
2013		-	a degree from an institution of higher learning in
2014		-	a foreign country that the State Educator
2015		-	Preparation and Licensure Board determines to be
2016		-	the equivalent of a bachelor's degree from a
2017		-	regionally accredited institution of higher
2018		-	learning in the United States.
2019		-	A transitional bilingual educator endorsement
2020		-	shall be valid for prekindergarten through grade 12,
2021		-	is valid until June 30 immediately following 5 years
2022		-	of the endorsement being issued, and shall not be
2023		-	renewed.
2024		-
2025		-
2026		-	Persons holding a transitional bilingual educator
2027		-	endorsement shall not be employed to replace any
2028		-	presently employed teacher who otherwise would not be
2029		-	replaced for any reason.
2030		-	(H) Language endorsement. In an effort to
2031		-	alleviate the shortage of teachers speaking a language
2032		-	other than English in the public schools, an
2033		-	individual who holds an Educator License with
2034		-	Stipulations may also apply for a language
2035		-	endorsement, provided that the applicant provides
2036		-	satisfactory evidence that he or she meets all of the
2037		-	following requirements:
2038		-	(i) Holds a transitional bilingual
2039		-	endorsement.
2040		-	(ii) Has demonstrated proficiency in the
2041		-	language for which the endorsement is to be issued
2042		-	by passing the applicable language content test
2043		-	required by the State Board of Education.
2044		-	(iii) Holds a bachelor's degree or higher from
2045		-	a regionally accredited institution of higher
2046		-	education or, for individuals educated in a
2047		-	country other than the United States, holds a
2048		-	degree from an institution of higher learning in a
2049		-	foreign country that the State Educator
2050		-	Preparation and Licensure Board determines to be
2051		-	the equivalent of a bachelor's degree from a
2052		-
2053		-
2054		-	regionally accredited institution of higher
2055		-	learning in the United States.
2056		-	(iv) (Blank).
2057		-	A language endorsement on an Educator License with
2058		-	Stipulations is valid for prekindergarten through
2059		-	grade 12 for the same validity period as the
2060		-	individual's transitional bilingual educator
2061		-	endorsement on the Educator License with Stipulations
2062		-	and shall not be renewed.
2063		-	(I) Visiting international educator. A visiting
2064		-	international educator endorsement on an Educator
2065		-	License with Stipulations may be issued to an
2066		-	individual who is being recruited by a particular
2067		-	school district that conducts formal recruitment
2068		-	programs outside of the United States to secure the
2069		-	services of qualified teachers and who meets all of
2070		-	the following requirements:
2071		-	(i) Holds the equivalent of a minimum of a
2072		-	bachelor's degree issued in the United States.
2073		-	(ii) Has been prepared as a teacher at the
2074		-	grade level for which he or she will be employed.
2075		-	(iii) Has adequate content knowledge in the
2076		-	subject to be taught.
2077		-	(iv) Has an adequate command of the English
2078		-	language.
2079		-	A holder of a visiting international educator
2080		-
2081		-
2082		-	endorsement on an Educator License with Stipulations
2083		-	shall be permitted to teach in bilingual education
2084		-	programs in the language that was the medium of
2085		-	instruction in his or her teacher preparation program,
2086		-	provided that he or she passes the English Language
2087		-	Proficiency Examination or another test of writing
2088		-	skills in English identified by the State Board of
2089		-	Education, in consultation with the State Educator
2090		-	Preparation and Licensure Board.
2091		-	A visiting international educator endorsement on
2092		-	an Educator License with Stipulations is valid for 5
2093		-	years and shall not be renewed.
2094		-	(J) Paraprofessional educator. A paraprofessional
2095		-	educator endorsement on an Educator License with
2096		-	Stipulations may be issued to an applicant who holds a
2097		-	high school diploma or its recognized equivalent and
2098		-	(i) holds an associate's degree or a minimum of 60
2099		-	semester hours of credit from a regionally accredited
2100		-	institution of higher education; (ii) has passed a
2101		-	paraprofessional competency test under subsection
2102		-	(c-5) of Section 21B-30; or (iii) is at least 18 years
2103		-	of age and will be using the Educator License with
2104		-	Stipulations exclusively for grades prekindergarten
2105		-	through grade 8, until the individual reaches the age
2106		-	of 19 years and otherwise meets the criteria for a
2107		-	paraprofessional educator endorsement pursuant to this
2108		-
2109		-
2110		-	subparagraph (J). The paraprofessional educator
2111		-	endorsement is valid until June 30 immediately
2112		-	following 5 years of the endorsement being issued and
2113		-	may be renewed through application and payment of the
2114		-	appropriate fee, as required under Section 21B-40 of
2115		-	this Code. An individual who holds only a
2116		-	paraprofessional educator endorsement is not subject
2117		-	to additional requirements in order to renew the
2118		-	endorsement.
2119		-	(K) Chief school business official. A chief school
2120		-	business official endorsement on an Educator License
2121		-	with Stipulations may be issued to an applicant who
2122		-	qualifies by having a master's degree or higher, 2
2123		-	years of full-time administrative experience in school
2124		-	business management or 2 years of university-approved
2125		-	practical experience, and a minimum of 24 semester
2126		-	hours of graduate credit in a program approved by the
2127		-	State Board of Education for the preparation of school
2128		-	business administrators and by passage of the
2129		-	applicable State tests, including an applicable
2130		-	content area test.
2131		-	The chief school business official endorsement may
2132		-	also be affixed to the Educator License with
2133		-	Stipulations of any holder who qualifies by having a
2134		-	master's degree in business administration, finance,
2135		-	accounting, or public administration and who completes
2136		-
2137		-
2138		-	an additional 6 semester hours of internship in school
2139		-	business management from a regionally accredited
2140		-	institution of higher education and passes the
2141		-	applicable State tests, including an applicable
2142		-	content area test. This endorsement shall be required
2143		-	for any individual employed as a chief school business
2144		-	official.
2145		-	The chief school business official endorsement on
2146		-	an Educator License with Stipulations is valid until
2147		-	June 30 immediately following 5 years of the
2148		-	endorsement being issued and may be renewed if the
2149		-	license holder completes renewal requirements as
2150		-	required for individuals who hold a Professional
2151		-	Educator License endorsed for chief school business
2152		-	official under Section 21B-45 of this Code and such
2153		-	rules as may be adopted by the State Board of
2154		-	Education.
2155		-	The State Board of Education shall adopt any rules
2156		-	necessary to implement Public Act 100-288.
2157		-	(L) Provisional in-state educator. A provisional
2158		-	in-state educator endorsement on an Educator License
2159		-	with Stipulations may be issued to a candidate who has
2160		-	completed an Illinois-approved educator preparation
2161		-	program at an Illinois institution of higher education
2162		-	and who has not successfully completed an
2163		-	evidence-based assessment of teacher effectiveness but
2164		-
2165		-
2166		-	who meets all of the following requirements:
2167		-	(i) Holds at least a bachelor's degree.
2168		-	(ii) Has completed an approved educator
2169		-	preparation program at an Illinois institution.
2170		-	(iii) Has passed an applicable content area
2171		-	test, as required by Section 21B-30 of this Code.
2172		-	(iv) Has attempted an evidence-based
2173		-	assessment of teacher effectiveness and received a
2174		-	minimum score on that assessment, as established
2175		-	by the State Board of Education in consultation
2176		-	with the State Educator Preparation and Licensure
2177		-	Board.
2178		-	A provisional in-state educator endorsement on an
2179		-	Educator License with Stipulations is valid for one
2180		-	full fiscal year after the date of issuance and may not
2181		-	be renewed.
2182		-	(M) (Blank).
2183		-	(N) Specialized services. A specialized services
2184		-	endorsement on an Educator License with Stipulations
2185		-	may be issued as defined and specified by rule.
2186		-	(O) Provisional career and technical educator. A
2187		-	provisional career and technical educator endorsement
2188		-	on an Educator License with Stipulations may be issued
2189		-	to an applicant who has a minimum of 8,000 hours of
2190		-	work experience in the skill for which the applicant
2191		-	is seeking the endorsement. Each employing school
2192		-
2193		-
2194		-	board and regional office of education shall provide
2195		-	verification, in writing, to the State Superintendent
2196		-	of Education at the time the application is submitted
2197		-	that no qualified teacher holding a Professional
2198		-	Educator License or an Educator License with
2199		-	Stipulations with a career and technical educator
2200		-	endorsement is available to teach and that actual
2201		-	circumstances require such issuance.
2202		-	A provisional career and technical educator
2203		-	endorsement on an Educator License with Stipulations
2204		-	is valid until June 30 immediately following 5 years
2205		-	of the endorsement being issued and may be renewed.
2206		-	An individual who holds a provisional career and
2207		-	technical educator endorsement on an Educator License
2208		-	with Stipulations may teach as a substitute teacher in
2209		-	career and technical education classrooms.
2210		-	(3) Substitute Teaching License. A Substitute Teaching
2211		-	License may be issued to qualified applicants for
2212		-	substitute teaching in all grades of the public schools,
2213		-	prekindergarten through grade 12. Substitute Teaching
2214		-	Licenses are not eligible for endorsements. Applicants for
2215		-	a Substitute Teaching License must hold a bachelor's
2216		-	degree or higher from a regionally accredited institution
2217		-	of higher education or must be enrolled in an approved
2218		-	educator preparation program in this State and have earned
2219		-	at least 90 credit hours.
2220		-
2221		-
2222		-	Substitute Teaching Licenses are valid for 5 years.
2223		-	Substitute Teaching Licenses are valid for substitute
2224		-	teaching in every county of this State. If an individual
2225		-	has had his or her Professional Educator License or
2226		-	Educator License with Stipulations suspended or revoked,
2227		-	then that individual is not eligible to obtain a
2228		-	Substitute Teaching License.
2229		-	A substitute teacher may only teach in the place of a
2230		-	licensed teacher who is under contract with the employing
2231		-	board. If, however, there is no licensed teacher under
2232		-	contract because of an emergency situation, then a
2233		-	district may employ a substitute teacher for no longer
2234		-	than 30 calendar days per each vacant position in the
2235		-	district if the district notifies the appropriate regional
2236		-	office of education within 5 business days after the
2237		-	employment of the substitute teacher in the emergency
2238		-	situation. An emergency situation is one in which an
2239		-	unforeseen vacancy has occurred and (i) a teacher is
2240		-	unable to fulfill his or her contractual duties or (ii)
2241		-	teacher capacity needs of the district exceed previous
2242		-	indications, and the district is actively engaged in
2243		-	advertising to hire a fully licensed teacher for the
2244		-	vacant position.
2245		-	There is no limit on the number of days that a
2246		-	substitute teacher may teach in a single school district,
2247		-	provided that no substitute teacher may teach for longer
2248		-
2249		-
2250		-	than 120 days beginning with the 2021-2022 school year
2251		-	through the 2022-2023 school year, otherwise 90 school
2252		-	days for any one licensed teacher under contract in the
2253		-	same school year. A substitute teacher who holds a
2254		-	Professional Educator License or Educator License with
2255		-	Stipulations shall not teach for more than 120 school days
2256		-	for any one licensed teacher under contract in the same
2257		-	school year. The limitations in this paragraph (3) on the
2258		-	number of days a substitute teacher may be employed do not
2259		-	apply to any school district operating under Article 34 of
2260		-	this Code.
2261		-	A school district may not require an individual who
2262		-	holds a valid Professional Educator License or Educator
2263		-	License with Stipulations to seek or hold a Substitute
2264		-	Teaching License to teach as a substitute teacher.
2265		-	(4) Short-Term Substitute Teaching License. Beginning
2266		-	on July 1, 2018 and until June 30, 2028, applicants may
2267		-	apply to the State Board of Education for issuance of a
2268		-	Short-Term Substitute Teaching License. A Short-Term
2269		-	Substitute Teaching License may be issued to a qualified
2270		-	applicant for substitute teaching in all grades of the
2271		-	public schools, prekindergarten through grade 12.
2272		-	Short-Term Substitute Teaching Licenses are not eligible
2273		-	for endorsements. Applicants for a Short-Term Substitute
2274		-	Teaching License must hold an associate's degree or have
2275		-	completed at least 60 credit hours from a regionally
2276		-
2277		-
2278		-	accredited institution of higher education.
2279		-	Short-Term Substitute Teaching Licenses are valid for
2280		-	substitute teaching in every county of this State. If an
2281		-	individual has had his or her Professional Educator
2282		-	License or Educator License with Stipulations suspended or
2283		-	revoked, then that individual is not eligible to obtain a
2284		-	Short-Term Substitute Teaching License.
2285		-	The provisions of Sections 10-21.9 and 34-18.5 of this
2286		-	Code apply to short-term substitute teachers.
2287		-	An individual holding a Short-Term Substitute Teaching
2288		-	License may teach no more than 15 consecutive days per
2289		-	licensed teacher who is under contract. For teacher
2290		-	absences lasting 6 or more days per licensed teacher who
2291		-	is under contract, a school district may not hire an
2292		-	individual holding a Short-Term Substitute Teaching
2293		-	License, unless the Governor has declared a disaster due
2294		-	to a public health emergency pursuant to Section 7 of the
2295		-	Illinois Emergency Management Agency Act. An individual
2296		-	holding a Short-Term Substitute Teaching License must
2297		-	complete the training program under Section 10-20.67 or
2298		-	34-18.60 of this Code to be eligible to teach at a public
2299		-	school. Short-Term Substitute Teaching Licenses Short-term
2300		-	substitute teaching licenses under this Section are valid
2301		-	for 5 years.
2302		-	(Source: P.A. 102-711, eff. 1-1-23; 102-712, eff. 4-27-22;
2303		-	102-713, eff. 1-1-23; 102-717, eff. 4-29-22; 102-894, eff.
2304		-
2305		-
2306		-	5-20-22; 103-111, eff. 6-29-23; 103-154, eff. 6-30-23; revised
2307		-	9-7-23.)
2308		-	(Text of Section after amendment by P.A. 103-193)
2309		-	Sec. 21B-20. Types of licenses. The State Board of
2310		-	Education shall implement a system of educator licensure,
2311		-	whereby individuals employed in school districts who are
2312		-	required to be licensed must have one of the following
2313		-	licenses: (i) a professional educator license; (ii) an
2314		-	educator license with stipulations; (iii) a substitute
2315		-	teaching license; or (iv) until June 30, 2028, a short-term
2316		-	substitute teaching license. References in law regarding
2317		-	individuals certified or certificated or required to be
2318		-	certified or certificated under Article 21 of this Code shall
2319		-	also include individuals licensed or required to be licensed
2320		-	under this Article. The first year of all licenses ends on June
2321		-	30 following one full year of the license being issued.
2322		-	The State Board of Education, in consultation with the
2323		-	State Educator Preparation and Licensure Board, may adopt such
2324		-	rules as may be necessary to govern the requirements for
2325		-	licenses and endorsements under this Section.
2326		-	(1) Professional Educator License. Persons who (i)
2327		-	have successfully completed an approved educator
2328		-	preparation program and are recommended for licensure by
2329		-	the Illinois institution offering the educator preparation
2330		-	program, (ii) have successfully completed the required
2331		-
2332		-
2333		-	testing under Section 21B-30 of this Code, (iii) have
2334		-	successfully completed coursework on the psychology of,
2335		-	the identification of, and the methods of instruction for
2336		-	the exceptional child, including, without limitation,
2337		-	children with learning disabilities, (iv) have
2338		-	successfully completed coursework in methods of reading
2339		-	and reading in the content area, and (v) have met all other
2340		-	criteria established by rule of the State Board of
2341		-	Education shall be issued a Professional Educator License.
2342		-	All Professional Educator Licenses are valid until June 30
2343		-	immediately following 5 years of the license being issued.
2344		-	The Professional Educator License shall be endorsed with
2345		-	specific areas and grade levels in which the individual is
2346		-	eligible to practice. For an early childhood education
2347		-	endorsement, an individual may satisfy the student
2348		-	teaching requirement of his or her early childhood teacher
2349		-	preparation program through placement in a setting with
2350		-	children from birth through grade 2, and the individual
2351		-	may be paid and receive credit while student teaching. The
2352		-	student teaching experience must meet the requirements of
2353		-	and be approved by the individual's early childhood
2354		-	teacher preparation program.
2355		-	Individuals can receive subsequent endorsements on the
2356		-	Professional Educator License. Subsequent endorsements
2357		-	shall require a minimum of 24 semester hours of coursework
2358		-	in the endorsement area and passage of the applicable
2359		-
2360		-
2361		-	content area test, unless otherwise specified by rule.
2362		-	(2) Educator License with Stipulations. An Educator
2363		-	License with Stipulations shall be issued an endorsement
2364		-	that limits the license holder to one particular position
2365		-	or does not require completion of an approved educator
2366		-	program or both.
2367		-	An individual with an Educator License with
2368		-	Stipulations must not be employed by a school district or
2369		-	any other entity to replace any presently employed teacher
2370		-	who otherwise would not be replaced for any reason.
2371		-	An Educator License with Stipulations may be issued
2372		-	with the following endorsements:
2373		-	(A) (Blank).
2374		-	(B) Alternative provisional educator. An
2375		-	alternative provisional educator endorsement on an
2376		-	Educator License with Stipulations may be issued to an
2377		-	applicant who, at the time of applying for the
2378		-	endorsement, has done all of the following:
2379		-	(i) Graduated from a regionally accredited
2380		-	college or university with a minimum of a
2381		-	bachelor's degree.
2382		-	(ii) Successfully completed the first phase of
2383		-	the Alternative Educator Licensure Program for
2384		-	Teachers, as described in Section 21B-50 of this
2385		-	Code.
2386		-	(iii) Passed a content area test, as required
2387		-
2388		-
2389		-	under Section 21B-30 of this Code.
2390		-	The alternative provisional educator endorsement is
2391		-	valid for 2 years of teaching and may be renewed for a
2392		-	third year by an individual meeting the requirements set
2393		-	forth in Section 21B-50 of this Code.
2394		-	(C) Alternative provisional superintendent. An
2395		-	alternative provisional superintendent endorsement on
2396		-	an Educator License with Stipulations entitles the
2397		-	holder to serve only as a superintendent or assistant
2398		-	superintendent in a school district's central office.
2399		-	This endorsement may only be issued to an applicant
2400		-	who, at the time of applying for the endorsement, has
2401		-	done all of the following:
2402		-	(i) Graduated from a regionally accredited
2403		-	college or university with a minimum of a master's
2404		-	degree in a management field other than education.
2405		-	(ii) Been employed for a period of at least 5
2406		-	years in a management level position in a field
2407		-	other than education.
2408		-	(iii) Successfully completed the first phase
2409		-	of an alternative route to superintendent
2410		-	endorsement program, as provided in Section 21B-55
2411		-	of this Code.
2412		-	(iv) Passed a content area test required under
2413		-	Section 21B-30 of this Code.
2414		-	The endorsement is valid for 2 fiscal years in
2415		-
2416		-
2417		-	order to complete one full year of serving as a
2418		-	superintendent or assistant superintendent.
2419		-	(D) (Blank).
2420		-	(E) Career and technical educator. A career and
2421		-	technical educator endorsement on an Educator License
2422		-	with Stipulations may be issued to an applicant who
2423		-	has a minimum of 60 semester hours of coursework from a
2424		-	regionally accredited institution of higher education
2425		-	or an accredited trade and technical institution and
2426		-	has a minimum of 2,000 hours of experience outside of
2427		-	education in each area to be taught.
2428		-	The career and technical educator endorsement on
2429		-	an Educator License with Stipulations is valid until
2430		-	June 30 immediately following 5 years of the
2431		-	endorsement being issued and may be renewed.
2432		-	An individual who holds a valid career and
2433		-	technical educator endorsement on an Educator License
2434		-	with Stipulations but does not hold a bachelor's
2435		-	degree may substitute teach in career and technical
2436		-	education classrooms.
2437		-	(F) (Blank).
2438		-	(G) Transitional bilingual educator. A
2439		-	transitional bilingual educator endorsement on an
2440		-	Educator License with Stipulations may be issued for
2441		-	the purpose of providing instruction in accordance
2442		-	with Article 14C of this Code to an applicant who
2443		-
2444		-
2445		-	provides satisfactory evidence that he or she meets
2446		-	all of the following requirements:
2447		-	(i) Possesses adequate speaking, reading, and
2448		-	writing ability in the language other than English
2449		-	in which transitional bilingual education is
2450		-	offered.
2451		-	(ii) Has the ability to successfully
2452		-	communicate in English.
2453		-	(iii) Either possessed, within 5 years
2454		-	previous to his or her applying for a transitional
2455		-	bilingual educator endorsement, a valid and
2456		-	comparable teaching certificate or comparable
2457		-	authorization issued by a foreign country or holds
2458		-	a degree from an institution of higher learning in
2459		-	a foreign country that the State Educator
2460		-	Preparation and Licensure Board determines to be
2461		-	the equivalent of a bachelor's degree from a
2462		-	regionally accredited institution of higher
2463		-	learning in the United States.
2464		-	A transitional bilingual educator endorsement
2465		-	shall be valid for prekindergarten through grade 12,
2466		-	is valid until June 30 immediately following 5 years
2467		-	of the endorsement being issued, and shall not be
2468		-	renewed.
2469		-	Persons holding a transitional bilingual educator
2470		-	endorsement shall not be employed to replace any
2471		-
2472		-
2473		-	presently employed teacher who otherwise would not be
2474		-	replaced for any reason.
2475		-	(H) Language endorsement. In an effort to
2476		-	alleviate the shortage of teachers speaking a language
2477		-	other than English in the public schools, an
2478		-	individual who holds an Educator License with
2479		-	Stipulations may also apply for a language
2480		-	endorsement, provided that the applicant provides
2481		-	satisfactory evidence that he or she meets all of the
2482		-	following requirements:
2483		-	(i) Holds a transitional bilingual
2484		-	endorsement.
2485		-	(ii) Has demonstrated proficiency in the
2486		-	language for which the endorsement is to be issued
2487		-	by passing the applicable language content test
2488		-	required by the State Board of Education.
2489		-	(iii) Holds a bachelor's degree or higher from
2490		-	a regionally accredited institution of higher
2491		-	education or, for individuals educated in a
2492		-	country other than the United States, holds a
2493		-	degree from an institution of higher learning in a
2494		-	foreign country that the State Educator
2495		-	Preparation and Licensure Board determines to be
2496		-	the equivalent of a bachelor's degree from a
2497		-	regionally accredited institution of higher
2498		-	learning in the United States.
2499		-
2500		-
2501		-	(iv) (Blank).
2502		-	A language endorsement on an Educator License with
2503		-	Stipulations is valid for prekindergarten through
2504		-	grade 12 for the same validity period as the
2505		-	individual's transitional bilingual educator
2506		-	endorsement on the Educator License with Stipulations
2507		-	and shall not be renewed.
2508		-	(I) Visiting international educator. A visiting
2509		-	international educator endorsement on an Educator
2510		-	License with Stipulations may be issued to an
2511		-	individual who is being recruited by a particular
2512		-	school district that conducts formal recruitment
2513		-	programs outside of the United States to secure the
2514		-	services of qualified teachers and who meets all of
2515		-	the following requirements:
2516		-	(i) Holds the equivalent of a minimum of a
2517		-	bachelor's degree issued in the United States.
2518		-	(ii) Has been prepared as a teacher at the
2519		-	grade level for which he or she will be employed.
2520		-	(iii) Has adequate content knowledge in the
2521		-	subject to be taught.
2522		-	(iv) Has an adequate command of the English
2523		-	language.
2524		-	A holder of a visiting international educator
2525		-	endorsement on an Educator License with Stipulations
2526		-	shall be permitted to teach in bilingual education
2527		-
2528		-
2529		-	programs in the language that was the medium of
2530		-	instruction in his or her teacher preparation program,
2531		-	provided that he or she passes the English Language
2532		-	Proficiency Examination or another test of writing
2533		-	skills in English identified by the State Board of
2534		-	Education, in consultation with the State Educator
2535		-	Preparation and Licensure Board.
2536		-	A visiting international educator endorsement on
2537		-	an Educator License with Stipulations is valid for 5
2538		-	years and shall not be renewed.
2539		-	(J) Paraprofessional educator. A paraprofessional
2540		-	educator endorsement on an Educator License with
2541		-	Stipulations may be issued to an applicant who holds a
2542		-	high school diploma or its recognized equivalent and
2543		-	(i) holds an associate's degree or a minimum of 60
2544		-	semester hours of credit from a regionally accredited
2545		-	institution of higher education; (ii) has passed a
2546		-	paraprofessional competency test under subsection
2547		-	(c-5) of Section 21B-30; or (iii) is at least 18 years
2548		-	of age and will be using the Educator License with
2549		-	Stipulations exclusively for grades prekindergarten
2550		-	through grade 8, until the individual reaches the age
2551		-	of 19 years and otherwise meets the criteria for a
2552		-	paraprofessional educator endorsement pursuant to this
2553		-	subparagraph (J). The paraprofessional educator
2554		-	endorsement is valid until June 30 immediately
2555		-
2556		-
2557		-	following 5 years of the endorsement being issued and
2558		-	may be renewed through application and payment of the
2559		-	appropriate fee, as required under Section 21B-40 of
2560		-	this Code. An individual who holds only a
2561		-	paraprofessional educator endorsement is not subject
2562		-	to additional requirements in order to renew the
2563		-	endorsement.
2564		-	(K) Chief school business official. A chief school
2565		-	business official endorsement on an Educator License
2566		-	with Stipulations may be issued to an applicant who
2567		-	qualifies by having a master's degree or higher, 2
2568		-	years of full-time administrative experience in school
2569		-	business management or 2 years of university-approved
2570		-	practical experience, and a minimum of 24 semester
2571		-	hours of graduate credit in a program approved by the
2572		-	State Board of Education for the preparation of school
2573		-	business administrators and by passage of the
2574		-	applicable State tests, including an applicable
2575		-	content area test.
2576		-	The chief school business official endorsement may
2577		-	also be affixed to the Educator License with
2578		-	Stipulations of any holder who qualifies by having a
2579		-	master's degree in business administration, finance,
2580		-	accounting, or public administration and who completes
2581		-	an additional 6 semester hours of internship in school
2582		-	business management from a regionally accredited
2583		-
2584		-
2585		-	institution of higher education and passes the
2586		-	applicable State tests, including an applicable
2587		-	content area test. This endorsement shall be required
2588		-	for any individual employed as a chief school business
2589		-	official.
2590		-	The chief school business official endorsement on
2591		-	an Educator License with Stipulations is valid until
2592		-	June 30 immediately following 5 years of the
2593		-	endorsement being issued and may be renewed if the
2594		-	license holder completes renewal requirements as
2595		-	required for individuals who hold a Professional
2596		-	Educator License endorsed for chief school business
2597		-	official under Section 21B-45 of this Code and such
2598		-	rules as may be adopted by the State Board of
2599		-	Education.
2600		-	The State Board of Education shall adopt any rules
2601		-	necessary to implement Public Act 100-288.
2602		-	(L) Provisional in-state educator. A provisional
2603		-	in-state educator endorsement on an Educator License
2604		-	with Stipulations may be issued to a candidate who has
2605		-	completed an Illinois-approved educator preparation
2606		-	program at an Illinois institution of higher education
2607		-	and who has not successfully completed an
2608		-	evidence-based assessment of teacher effectiveness but
2609		-	who meets all of the following requirements:
2610		-	(i) Holds at least a bachelor's degree.
2611		-
2612		-
2613		-	(ii) Has completed an approved educator
2614		-	preparation program at an Illinois institution.
2615		-	(iii) Has passed an applicable content area
2616		-	test, as required by Section 21B-30 of this Code.
2617		-	(iv) Has attempted an evidence-based
2618		-	assessment of teacher effectiveness and received a
2619		-	minimum score on that assessment, as established
2620		-	by the State Board of Education in consultation
2621		-	with the State Educator Preparation and Licensure
2622		-	Board.
2623		-	A provisional in-state educator endorsement on an
2624		-	Educator License with Stipulations is valid for one
2625		-	full fiscal year after the date of issuance and may not
2626		-	be renewed.
2627		-	(M) (Blank).
2628		-	(N) Specialized services. A specialized services
2629		-	endorsement on an Educator License with Stipulations
2630		-	may be issued as defined and specified by rule.
2631		-	(O) Provisional career and technical educator. A
2632		-	provisional career and technical educator endorsement
2633		-	on an Educator License with Stipulations may be issued
2634		-	to an applicant who has a minimum of 8,000 hours of
2635		-	work experience in the skill for which the applicant
2636		-	is seeking the endorsement. Each employing school
2637		-	board and regional office of education shall provide
2638		-	verification, in writing, to the State Superintendent
2639		-
2640		-
2641		-	of Education at the time the application is submitted
2642		-	that no qualified teacher holding a Professional
2643		-	Educator License or an Educator License with
2644		-	Stipulations with a career and technical educator
2645		-	endorsement is available to teach and that actual
2646		-	circumstances require such issuance.
2647		-	A provisional career and technical educator
2648		-	endorsement on an Educator License with Stipulations
2649		-	is valid until June 30 immediately following 5 years
2650		-	of the endorsement being issued and may be renewed.
2651		-	An individual who holds a provisional career and
2652		-	technical educator endorsement on an Educator License
2653		-	with Stipulations may teach as a substitute teacher in
2654		-	career and technical education classrooms.
2655		-	(3) Substitute Teaching License. A Substitute Teaching
2656		-	License may be issued to qualified applicants for
2657		-	substitute teaching in all grades of the public schools,
2658		-	prekindergarten through grade 12. Substitute Teaching
2659		-	Licenses are not eligible for endorsements. Applicants for
2660		-	a Substitute Teaching License must hold a bachelor's
2661		-	degree or higher from a regionally accredited institution
2662		-	of higher education or must be enrolled in an approved
2663		-	educator preparation program in this State and have earned
2664		-	at least 90 credit hours.
2665		-	Substitute Teaching Licenses are valid for 5 years.
2666		-	Substitute Teaching Licenses are valid for substitute
2667		-
2668		-
2669		-	teaching in every county of this State. If an individual
2670		-	has had his or her Professional Educator License or
2671		-	Educator License with Stipulations suspended or revoked,
2672		-	then that individual is not eligible to obtain a
2673		-	Substitute Teaching License.
2674		-	A substitute teacher may only teach in the place of a
2675		-	licensed teacher who is under contract with the employing
2676		-	board. If, however, there is no licensed teacher under
2677		-	contract because of an emergency situation, then a
2678		-	district may employ a substitute teacher for no longer
2679		-	than 30 calendar days per each vacant position in the
2680		-	district if the district notifies the appropriate regional
2681		-	office of education within 5 business days after the
2682		-	employment of the substitute teacher in that vacant
2683		-	position. A district may continue to employ that same
2684		-	substitute teacher in that same vacant position for 90
2685		-	calendar days or until the end of the semester, whichever
2686		-	is greater, if, prior to the expiration of the
2687		-	30-calendar-day period then current, the district files a
2688		-	written request with the appropriate regional office of
2689		-	education for a 30-calendar-day extension on the basis
2690		-	that the position remains vacant and the district
2691		-	continues to actively seek qualified candidates and
2692		-	provides documentation that it has provided training
2693		-	specific to the position, including training on meeting
2694		-	the needs of students with disabilities and English
2695		-
2696		-
2697		-	learners if applicable. Each extension request shall be
2698		-	granted in writing by the regional office of education. An
2699		-	emergency situation is one in which an unforeseen vacancy
2700		-	has occurred and (i) a teacher is unexpectedly unable to
2701		-	fulfill his or her contractual duties or (ii) teacher
2702		-	capacity needs of the district exceed previous indications
2703		-	or vacancies are unfilled due to a lack of qualified
2704		-	candidates, and the district is actively engaged in
2705		-	advertising to hire a fully licensed teacher for the
2706		-	vacant position.
2707		-	There is no limit on the number of days that a
2708		-	substitute teacher may teach in a single school district,
2709		-	provided that no substitute teacher may teach for longer
2710		-	than 120 days beginning with the 2021-2022 school year
2711		-	through the 2022-2023 school year, otherwise 90 school
2712		-	days for any one licensed teacher under contract in the
2713		-	same school year. A substitute teacher who holds a
2714		-	Professional Educator License or Educator License with
2715		-	Stipulations shall not teach for more than 120 school days
2716		-	for any one licensed teacher under contract in the same
2717		-	school year. The limitations in this paragraph (3) on the
2718		-	number of days a substitute teacher may be employed do not
2719		-	apply to any school district operating under Article 34 of
2720		-	this Code.
2721		-	A school district may not require an individual who
2722		-	holds a valid Professional Educator License or Educator
2723		-
2724		-
2725		-	License with Stipulations to seek or hold a Substitute
2726		-	Teaching License to teach as a substitute teacher.
2727		-	(4) Short-Term Substitute Teaching License. Beginning
2728		-	on July 1, 2018 and until June 30, 2028, applicants may
2729		-	apply to the State Board of Education for issuance of a
2730		-	Short-Term Substitute Teaching License. A Short-Term
2731		-	Substitute Teaching License may be issued to a qualified
2732		-	applicant for substitute teaching in all grades of the
2733		-	public schools, prekindergarten through grade 12.
2734		-	Short-Term Substitute Teaching Licenses are not eligible
2735		-	for endorsements. Applicants for a Short-Term Substitute
2736		-	Teaching License must hold an associate's degree or have
2737		-	completed at least 60 credit hours from a regionally
2738		-	accredited institution of higher education.
2739		-	Short-Term Substitute Teaching Licenses are valid for
2740		-	substitute teaching in every county of this State. If an
2741		-	individual has had his or her Professional Educator
2742		-	License or Educator License with Stipulations suspended or
2743		-	revoked, then that individual is not eligible to obtain a
2744		-	Short-Term Substitute Teaching License.
2745		-	The provisions of Sections 10-21.9 and 34-18.5 of this
2746		-	Code apply to short-term substitute teachers.
2747		-	An individual holding a Short-Term Substitute Teaching
2748		-	License may teach no more than 15 consecutive days per
2749		-	licensed teacher who is under contract. For teacher
2750		-	absences lasting 6 or more days per licensed teacher who
2751		-
2752		-
2753		-	is under contract, a school district may not hire an
2754		-	individual holding a Short-Term Substitute Teaching
2755		-	License, unless the Governor has declared a disaster due
2756		-	to a public health emergency pursuant to Section 7 of the
2757		-	Illinois Emergency Management Agency Act. An individual
2758		-	holding a Short-Term Substitute Teaching License must
2759		-	complete the training program under Section 10-20.67 or
2760		-	34-18.60 of this Code to be eligible to teach at a public
2761		-	school. Short-Term Substitute Teaching Licenses Short-term
2762		-	substitute teaching licenses under this Section are valid
2763		-	for 5 years.
2764		-	(Source: P.A. 102-711, eff. 1-1-23; 102-712, eff. 4-27-22;
2765		-	102-713, eff. 1-1-23; 102-717, eff. 4-29-22; 102-894, eff.
2766		-	5-20-22; 103-111, eff. 6-29-23; 103-154, eff. 6-30-23;
2767		-	103-193, eff. 1-1-24; revised 9-7-23.)
2768		-	(105 ILCS 5/22-96)
2769		-	(This Section may contain text from a Public Act with a
2770		-	delayed effective date)
2771		-	Sec. 22-96 22-95. Hiring or assigning priority.
2772		-	(a) When hiring or assigning physical education, music,
2773		-	and visual arts educators, a school district must prioritize
2774		-	the hiring or assigning of educators who hold an educator
2775		-	license and endorsement in the those content area to be taught
2776		-	areas.
2777		-	(b) A licensed professional educator assigned to physical
2778		-
2779		-
2780		-	education, music, or visual arts who does not hold an
2781		-	endorsement in the content area to be taught licensure
2782		-	applicant must acquire short-term approval under Part 25 of
2783		-	Title 23 of the Illinois Administrative Code by the State
2784		-	Board of Education pass the licensure content area test for
2785		-	the content area he or she is assigned to teach or complete at
2786		-	least 9 semester hours of coursework in the content area to be
2787		-	taught prior to his or her assignment or employment start
2788		-	date. If no short-term approval is available in the content
2789		-	area to be taught, the licensed educator shall meet equivalent
2790		-	criteria specified by the State Board of Education. In order
2791		-	to retain his or her employment for subsequent school years,
2792		-	the educator employee must acquire the full endorsement in the
2793		-	content area to be taught prior to the end of the validity
2794		-	period of the short-term approval complete the remaining hours
2795		-	of coursework in the content area in which he or she is
2796		-	teaching and apply for a license endorsement within 3 calendar
2797		-	years after his or her employment start date.
2798		-	(c) In the case of a reduction in force, a school district
2799		-	may follow its employee contract language for filling
2800		-	positions.
2801		-	(d) Instead of holding the credentials specified in
2802		-	subsection (a) or (b) of this Section, an educator assigned to
2803		-	a position under this Section may meet any requirements set
2804		-	forth under Title 23 of the Illinois Administrative Code as
2805		-	applicable to the content area to be taught, except that
2806		-
2807		-
2808		-	subsection (b) of Section 1.710 of Title 23 of the Illinois
2809		-	Administrative Code does not apply to an educator assigned to
2810		-	a position under this subsection (d).
2811		-	(Source: P.A. 103-46, eff. 1-1-24; revised 9-25-23.)
2812		-	(105 ILCS 5/27-20.3) (from Ch. 122, par. 27-20.3)
2813		-	Sec. 27-20.3. Holocaust and Genocide Study.
2814		-	(a) Every public elementary school and high school shall
2815		-	include in its curriculum a unit of instruction studying the
2816		-	events of the Nazi atrocities of 1933 to 1945. This period in
2817		-	world history is known as the Holocaust, during which
2818		-	6,000,000 Jews and millions of non-Jews were exterminated. One
2819		-	of the universal lessons of the Holocaust is that national,
2820		-	ethnic, racial, or religious hatred can overtake any nation or
2821		-	society, leading to calamitous consequences. To reinforce that
2822		-	lesson, such curriculum shall include an additional unit of
2823		-	instruction studying other acts of genocide across the globe.
2824		-	This unit shall include, but not be limited to, the Native
2825		-	American genocide in North America, the Armenian Genocide, the
2826		-	Famine-Genocide in Ukraine, and more recent atrocities in
2827		-	Cambodia, Bosnia, Rwanda, and Sudan. The studying of this
2828		-	material is a reaffirmation of the commitment of free peoples
2829		-	from all nations to never again permit the occurrence of
2830		-	another Holocaust and a recognition that crimes of genocide
2831		-	continue to be perpetrated across the globe as they have been
2832		-	in the past and to deter indifference to crimes against
2833		-
2834		-
2835		-	humanity and human suffering wherever they may occur.
2836		-	(b) The State Superintendent of Education may prepare and
2837		-	make available to all school boards instructional materials
2838		-	which may be used as guidelines for development of a unit of
2839		-	instruction under this Section; provided, however, that each
2840		-	school board shall itself determine the minimum amount of
2841		-	instruction time which shall qualify as a unit of instruction
2842		-	satisfying the requirements of this Section.
2843		-	Instructional materials that include the addition of
2844		-	content related to the Native American genocide in North
2845		-	America shall be prepared and made available to all school
2846		-	boards on the State Board of Education's Internet website no
2847		-	later than July 1, 2024 January 1, 2025. Notwithstanding
2848		-	subsection (a) of this Section, a school is not required to
2849		-	teach the additional content related to the Native American
2850		-	genocide in North America until instructional materials are
2851		-	made available on the State Board's Internet website.
2852		-	Instructional materials related to the Native American
2853		-	genocide in North America shall be developed in consultation
2854		-	with members of the Chicago American Indian Community
2855		-	Collaborative who are members of a federally recognized tribe,
2856		-	are documented descendants of Indigenous communities, or are
2857		-	other persons recognized as contributing community members by
2858		-	the Chicago American Indian Community Collaborative and who
2859		-	currently reside in this State or their designees.
2860		-	(Source: P.A. 103-422, eff. 8-4-23.)
2861		-
2862		-
2863		-	(105 ILCS 5/27-21) (from Ch. 122, par. 27-21)
2864		-	Sec. 27-21. History of United States.
2865		-	(a) History of the United States shall be taught in all
2866		-	public schools and in all other educational institutions in
2867		-	this State supported or maintained, in whole or in part, by
2868		-	public funds.
2869		-	The teaching of history shall have as one of its
2870		-	objectives the imparting to pupils of a comprehensive idea of
2871		-	our democratic form of government and the principles for which
2872		-	our government stands as regards other nations, including the
2873		-	studying of the place of our government in world-wide
2874		-	movements and the leaders thereof, with particular stress upon
2875		-	the basic principles and ideals of our representative form of
2876		-	government.
2877		-	The teaching of history shall include a study of the role
2878		-	and contributions of African Americans and other ethnic
2879		-	groups, including, but not restricted to, Native Americans,
2880		-	Polish, Lithuanian, German, Hungarian, Irish, Bohemian,
2881		-	Russian, Albanian, Italian, Czech, Slovak, French, Scots,
2882		-	Hispanics, Asian Americans, etc., in the history of this
2883		-	country and this State. To reinforce the study of the role and
2884		-	contributions of Hispanics, such curriculum shall include the
2885		-	study of the events related to the forceful removal and
2886		-	illegal deportation of Mexican-American U.S. citizens during
2887		-	the Great Depression.
2888		-
2889		-
2890		-	The teaching of history shall also include teaching about
2891		-	Native American nations' sovereignty and self-determination,
2892		-	both historically and in the present day, with a focus on urban
2893		-	Native Americans.
2894		-	In public schools only, the teaching of history shall
2895		-	include a study of the roles and contributions of lesbian,
2896		-	gay, bisexual, and transgender people in the history of this
2897		-	country and this State.
2898		-	The teaching of history also shall include a study of the
2899		-	role of labor unions and their interaction with government in
2900		-	achieving the goals of a mixed free enterprise system.
2901		-	Beginning with the 2020-2021 school year, the teaching of
2902		-	history must also include instruction on the history of
2903		-	Illinois.
2904		-	The teaching of history shall include the contributions
2905		-	made to society by Americans of different faith practices,
2906		-	including, but not limited to, Native Americans, Muslim
2907		-	Americans, Jewish Americans, Christian Americans, Hindu
2908		-	Americans, Sikh Americans, Buddhist Americans, and any other
2909		-	collective community of faith that has shaped America.
2910		-	(b) No pupils shall be graduated from the eighth grade of
2911		-	any public school unless the pupils have received instruction
2912		-	in the history of the United States as provided in this Section
2913		-	and give evidence of having a comprehensive knowledge thereof,
2914		-	which may be administered remotely.
2915		-	(c) The State Superintendent of Education may prepare and
2916		-
2917		-
2918		-	make available to all school boards instructional materials
2919		-	that may be used as guidelines for the development of
2920		-	instruction under this Section; however, each school board
2921		-	shall itself determine the minimum amount of instructional
2922		-	time required for satisfying the requirements of this Section.
2923		-	Instructional materials that include the addition of content
2924		-	related to Native Americans shall be prepared by the State
2925		-	Superintendent of Education and made available to all school
2926		-	boards on the State Board of Education's Internet website no
2927		-	later than July 1, 2024 January 1, 2025. These instructional
2928		-	materials may be used by school boards as guidelines for the
2929		-	development of instruction under this Section; however, each
2930		-	school board shall itself determine the minimum amount of
2931		-	instructional time for satisfying the requirements of this
2932		-	Section. Notwithstanding subsections (a) and (b) of this
2933		-	Section, a school or other educational institution is not
2934		-	required to teach and a pupil is not required to learn the
2935		-	additional content related to Native Americans until
2936		-	instructional materials are made available on the State
2937		-	Board's Internet website.
2938		-	Instructional materials related to Native Americans shall
2939		-	be developed in consultation with members of the Chicago
2940		-	American Indian Community Collaborative who are members of a
2941		-	federally recognized tribe, are documented descendants of
2942		-	Indigenous communities, or are other persons recognized as
2943		-	contributing community members by the Chicago American Indian
2944		-
2945		-
2946		-	Community Collaborative and who currently reside in this
2947		-	State.
2948		-	(Source: P.A. 102-411, eff. 1-1-22; 103-422, eff. 8-4-23.)
2949		-	Section 45. The Child Care Act of 1969 is amended by
2950		-	changing Sections 2.06 and 2.17 and by adding Section 2.35 as
2951		-	follows:
2952		-	(225 ILCS 10/2.06) (from Ch. 23, par. 2212.06)
2953		-	Sec. 2.06. "Child care institution" means a child care
2954		-	facility where more than 7 children are received and
2955		-	maintained for the purpose of providing them with care or
2956		-	training or both. The term "child care institution" includes
2957		-	residential schools, primarily serving ambulatory children
2958		-	with disabilities, and those operating a full calendar year,
2959		-	but does not include:
2960		-	(a) any State-operated institution for child care
2961		-	established by legislative action;
2962		-	(b) any juvenile detention or shelter care home
2963		-	established and operated by any county or child protection
2964		-	district established under the "Child Protection Act";
2965		-	(c) any institution, home, place or facility operating
2966		-	under a license pursuant to the Nursing Home Care Act, the
2967		-	Specialized Mental Health Rehabilitation Act of 2013, the
2968		-	ID/DD Community Care Act, or the MC/DD Act;
2969		-	(d) any bona fide boarding school in which children
2970		-
2971		-
2972		-	are primarily taught branches of education corresponding
2973		-	to those taught in public schools, grades one through 12,
2974		-	or taught in public elementary schools, high schools, or
2975		-	both elementary and high schools, and which operates on a
2976		-	regular academic school year basis; or
2977		-	(e) any facility licensed as a "group home" as defined
2978		-	in this Act; or .
2979		-	(f) any qualified residential treatment program.
2980		-	(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15;
2981		-	99-180, eff. 7-29-15; 99-642, eff. 7-28-16.)
2982		-	(225 ILCS 10/2.17) (from Ch. 23, par. 2212.17)
2983		-	Sec. 2.17. "Foster family home" means the home of an
2984		-	individual or family:
2985		-	(1) that is licensed or approved by the state in which it
2986		-	is situated as a foster family home that meets the standards
2987		-	established for the licensing or approval; and
2988		-	(2) in which a child in foster care has been placed in the
2989		-	care of an individual who resides with the child and who has
2990		-	been licensed or approved by the state to be a foster parent
2991		-	and:
2992		-	(A) who the Department of Children and Family Services
2993		-	deems capable of adhering to the reasonable and prudent
2994		-	parent standard;
2995		-	(B) who provides 24-hour substitute care for children
2996		-	placed away from their parents or other caretakers; and
2997		-
2998		-
2999		-	(3) who provides the care for a facility for child care in
3000		-	residences of families who receive no more than 6 children
3001		-	unrelated to them, unless all the children are of common
3002		-	parentage, or residences of relatives who receive no more than
3003		-	6 related children placed by the Department, unless the
3004		-	children are of common parentage, for the purpose of providing
3005		-	family care and training for the children on a full-time
3006		-	basis, except the Director of Children and Family Services,
3007		-	pursuant to Department regulations, may waive the numerical
3008		-	limitation of foster children who may be cared for in a foster
3009		-	family home for any of the following reasons to allow: (i) (1)
3010		-	a parenting youth in foster care to remain with the child of
3011		-	the parenting youth; (ii) (2) siblings to remain together;
3012		-	(iii) (3) a child with an established meaningful relationship
3013		-	with the family to remain with the family; or (iv) (4) a family
3014		-	with special training or skills to provide care to a child who
3015		-	has a severe disability. The family's or relative's own
3016		-	children, under 18 years of age, shall be included in
3017		-	determining the maximum number of children served.
3018		-	For purposes of this Section, a "relative" includes any
3019		-	person, 21 years of age or over, other than the parent, who (i)
3020		-	is currently related to the child in any of the following ways
3021		-	by blood or adoption: grandparent, sibling, great-grandparent,
3022		-	uncle, aunt, nephew, niece, first cousin, great-uncle, or
3023		-	great-aunt; or (ii) is the spouse of such a relative; or (iii)
3024		-	is a child's step-father, step-mother, or adult step-brother
3025		-
3026		-
3027		-	or step-sister; or (iv) is a fictive kin; "relative" also
3028		-	includes a person related in any of the foregoing ways to a
3029		-	sibling of a child, even though the person is not related to
3030		-	the child, when the child and its sibling are placed together
3031		-	with that person. For purposes of placement of children
3032		-	pursuant to Section 7 of the Children and Family Services Act
3033		-	and for purposes of licensing requirements set forth in
3034		-	Section 4 of this Act, for children under the custody or
3035		-	guardianship of the Department pursuant to the Juvenile Court
3036		-	Act of 1987, after a parent signs a consent, surrender, or
3037		-	waiver or after a parent's rights are otherwise terminated,
3038		-	and while the child remains in the custody or guardianship of
3039		-	the Department, the child is considered to be related to those
3040		-	to whom the child was related under this Section prior to the
3041		-	signing of the consent, surrender, or waiver or the order of
3042		-	termination of parental rights.
3043		-	The term "foster family home" includes homes receiving
3044		-	children from any State-operated institution for child care;
3045		-	or from any agency established by a municipality or other
3046		-	political subdivision of the State of Illinois authorized to
3047		-	provide care for children outside their own homes. The term
3048		-	"foster family home" does not include an "adoption-only home"
3049		-	as defined in Section 2.23 of this Act. The types of foster
3050		-	family homes are defined as follows:
3051		-	(a) "Boarding home" means a foster family home which
3052		-	receives payment for regular full-time care of a child or
3053		-
3054		-
3055		-	children.
3056		-	(b) "Free home" means a foster family home other than
3057		-	an adoptive home which does not receive payments for the
3058		-	care of a child or children.
3059		-	(c) "Adoptive home" means a foster family home which
3060		-	receives a child or children for the purpose of adopting
3061		-	the child or children, but does not include an
3062		-	adoption-only home.
3063		-	(d) "Work-wage home" means a foster family home which
3064		-	receives a child or children who pay part or all of their
3065		-	board by rendering some services to the family not
3066		-	prohibited by the Child Labor Law or by standards or
3067		-	regulations of the Department prescribed under this Act.
3068		-	The child or children may receive a wage in connection
3069		-	with the services rendered the foster family.
3070		-	(e) "Agency-supervised home" means a foster family
3071		-	home under the direct and regular supervision of a
3072		-	licensed child welfare agency, of the Department of
3073		-	Children and Family Services, of a circuit court, or of
3074		-	any other State agency which has authority to place
3075		-	children in child care facilities, and which receives no
3076		-	more than 8 children, unless of common parentage, who are
3077		-	placed and are regularly supervised by one of the
3078		-	specified agencies.
3079		-	(f) "Independent home" means a foster family home,
3080		-	other than an adoptive home, which receives no more than 4
3081		-
3082		-
3083		-	children, unless of common parentage, directly from
3084		-	parents, or other legally responsible persons, by
3085		-	independent arrangement and which is not subject to direct
3086		-	and regular supervision of a specified agency except as
3087		-	such supervision pertains to licensing by the Department.
3088		-	(g) "Host home" means an emergency foster family home
3089		-	under the direction and regular supervision of a licensed
3090		-	child welfare agency, contracted to provide short-term
3091		-	crisis intervention services to youth served under the
3092		-	Comprehensive Community-Based Youth Services program,
3093		-	under the direction of the Department of Human Services.
3094		-	The youth shall not be under the custody or guardianship
3095		-	of the Department pursuant to the Juvenile Court Act of
3096		-	1987.
3097		-	(Source: P.A. 101-63, eff. 7-12-19; 102-688, eff. 7-1-22.)
3098		-	(225 ILCS 10/2.35 new)
3099		-	Sec. 2.35. Qualified residential treatment program.
3100		-	"Qualified residential treatment program" means a program
3101		-	that:
3102		-	(1) has a trauma-informed treatment model that is
3103		-	designed to address the needs, including clinical needs as
3104		-	appropriate, of children with serious emotional or
3105		-	behavioral disorders or disturbances and, with respect to
3106		-	a child, is able to implement the treatment identified for
3107		-	the child by the assessment of the child required under 42
3108		-
3109		-
3110		-	U.S.C. 675a(c);
3111		-	(2) whether by acquisition of direct employment or
3112		-	otherwise, has registered or licensed nursing staff and
3113		-	other licensed clinical staff who:
3114		-	(A) provide care within the scope of their
3115		-	practice as defined by law;
3116		-	(B) are located on-site; and
3117		-	(C) are available 24 hours a day, 7 days a week;
3118		-	(3) to the extent appropriate, and in accordance with
3119		-	the child's best interests, facilitates participation of
3120		-	family members in the child's treatment program;
3121		-	(4) facilitates outreach to the family members of the
3122		-	child, including siblings, documents how the outreach is
3123		-	made, including contact information, and maintains contact
3124		-	information for any known biological family and fictive
3125		-	kin of the child;
3126		-	(5) documents how family members are integrated into
3127		-	the treatment process for the child, including
3128		-	post-discharge, and how sibling connections are
3129		-	maintained;
3130		-	(6) provides discharge planning and family-based
3131		-	aftercare support for at least 6 months post-discharge;
3132		-	and
3133		-	(7) is licensed in accordance with this Act and is
3134		-	accredited by any of the following independent,
3135		-	not-for-profit organizations:
3136		-
3137		-
3138		-	(A) the Commission on Accreditation of
3139		-	Rehabilitation Facilities;
3140		-	(B) the Joint Commission;
3141		-	(C) the Council on Accreditation; or
3142		-	(D) any other independent, not-for-profit
3143		-	accrediting organization approved by the Secretary of
3144		-	Health and Human Services as described in 42 U.S.C.
3145		-	672 (k)(4).
3146		-	Section 50. The Laser System Act of 1997 is amended by
3147		-	changing Section 16 as follows:
3148		-	(420 ILCS 56/16)
3149		-	Sec. 16. Laser safety officers.
3150		-	(a) Each laser installation whose function is for the use
3151		-	of a temporary laser display shall use a laser safety officer.
3152		-	(b) The Agency shall adopt rules specifying minimum
3153		-	training and experience requirements for laser safety
3154		-	officers. The requirements shall be specific to the evaluation
3155		-	and control of laser hazards for different types of laser
3156		-	systems and the purpose for which a laser system is used.
3157		-	(c) If a laser safety officer encounters noncompliance
3158		-	with this Act or rules adopted under this Act in the course of
3159		-	performing duties as a laser safety officer, then the laser
3160		-	safety officer shall report that noncompliance to the Agency
3161		-	as soon as practical to protect public health and safety.
3162		-
3163		-
3164		-	(d) No person may act as a laser safety officer or
3165		-	advertise or use any title implying qualification as a laser
3166		-	safety officer unless the person meets the training and
3167		-	experience requirements of this Act and the training and
3168		-	experience requirements established by the Agency under
3169		-	subsection (b).
3170		-	(Source: P.A. 103-277, eff. 7-28-23.)
3171		-	Section 55. The Juvenile Court Act of 1987 is amended by
3172		-	changing Section 1-3 as follows:
3173		-	(705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
3174		-	Sec. 1-3. Definitions. Terms used in this Act, unless the
3175		-	context otherwise requires, have the following meanings
3176		-	ascribed to them:
3177		-	(1) "Adjudicatory hearing" means a hearing to determine
3178		-	whether the allegations of a petition under Section 2-13,
3179		-	3-15, or 4-12 that a minor under 18 years of age is abused,
3180		-	neglected, or dependent, or requires authoritative
3181		-	intervention, or addicted, respectively, are supported by a
3182		-	preponderance of the evidence or whether the allegations of a
3183		-	petition under Section 5-520 that a minor is delinquent are
3184		-	proved beyond a reasonable doubt.
3185		-	(2) "Adult" means a person 21 years of age or older.
3186		-	(3) "Agency" means a public or private child care facility
3187		-	legally authorized or licensed by this State for placement or
3188		-
3189		-
3190		-	institutional care or for both placement and institutional
3191		-	care.
3192		-	(4) "Association" means any organization, public or
3193		-	private, engaged in welfare functions which include services
3194		-	to or on behalf of children but does not include "agency" as
3195		-	herein defined.
3196		-	(4.05) Whenever a "best interest" determination is
3197		-	required, the following factors shall be considered in the
3198		-	context of the child's age and developmental needs:
3199		-	(a) the physical safety and welfare of the child,
3200		-	including food, shelter, health, and clothing;
3201		-	(b) the development of the child's identity;
3202		-	(c) the child's background and ties, including
3203		-	familial, cultural, and religious;
3204		-	(d) the child's sense of attachments, including:
3205		-	(i) where the child actually feels love,
3206		-	attachment, and a sense of being valued (as opposed to
3207		-	where adults believe the child should feel such love,
3208		-	attachment, and a sense of being valued);
3209		-	(ii) the child's sense of security;
3210		-	(iii) the child's sense of familiarity;
3211		-	(iv) continuity of affection for the child;
3212		-	(v) the least disruptive placement alternative for
3213		-	the child;
3214		-	(e) the child's wishes and long-term goals;
3215		-	(f) the child's community ties, including church,
3216		-
3217		-
3218		-	school, and friends;
3219		-	(g) the child's need for permanence which includes the
3220		-	child's need for stability and continuity of relationships
3221		-	with parent figures and with siblings and other relatives;
3222		-	(h) the uniqueness of every family and child;
3223		-	(i) the risks attendant to entering and being in
3224		-	substitute care; and
3225		-	(j) the preferences of the persons available to care
3226		-	for the child.
3227		-	(4.1) "Chronic truant" shall have the definition ascribed
3228		-	to it in Section 26-2a of the School Code.
3229		-	(5) "Court" means the circuit court in a session or
3230		-	division assigned to hear proceedings under this Act.
3231		-	(6) "Dispositional hearing" means a hearing to determine
3232		-	whether a minor should be adjudged to be a ward of the court,
3233		-	and to determine what order of disposition should be made in
3234		-	respect to a minor adjudged to be a ward of the court.
3235		-	(6.5) "Dissemination" or "disseminate" means to publish,
3236		-	produce, print, manufacture, distribute, sell, lease, exhibit,
3237		-	broadcast, display, transmit, or otherwise share information
3238		-	in any format so as to make the information accessible to
3239		-	others.
3240		-	(7) "Emancipated minor" means any minor 16 years of age or
3241		-	over who has been completely or partially emancipated under
3242		-	the Emancipation of Minors Act or under this Act.
3243		-	(7.03) "Expunge" means to physically destroy the records
3244		-
3245		-
3246		-	and to obliterate the minor's name from any official index,
3247		-	public record, or electronic database.
3248		-	(7.05) "Foster parent" includes a relative caregiver
3249		-	selected by the Department of Children and Family Services to
3250		-	provide care for the minor.
3251		-	(8) "Guardianship of the person" of a minor means the duty
3252		-	and authority to act in the best interests of the minor,
3253		-	subject to residual parental rights and responsibilities, to
3254		-	make important decisions in matters having a permanent effect
3255		-	on the life and development of the minor and to be concerned
3256		-	with the minor's general welfare. It includes but is not
3257		-	necessarily limited to:
3258		-	(a) the authority to consent to marriage, to
3259		-	enlistment in the armed forces of the United States, or to
3260		-	a major medical, psychiatric, and surgical treatment; to
3261		-	represent the minor in legal actions; and to make other
3262		-	decisions of substantial legal significance concerning the
3263		-	minor;
3264		-	(b) the authority and duty of reasonable visitation,
3265		-	except to the extent that these have been limited in the
3266		-	best interests of the minor by court order;
3267		-	(c) the rights and responsibilities of legal custody
3268		-	except where legal custody has been vested in another
3269		-	person or agency; and
3270		-	(d) the power to consent to the adoption of the minor,
3271		-	but only if expressly conferred on the guardian in
3272		-
3273		-
3274		-	accordance with Section 2-29, 3-30, or 4-27.
3275		-	(8.1) "Juvenile court record" includes, but is not limited
3276		-	to:
3277		-	(a) all documents filed in or maintained by the
3278		-	juvenile court pertaining to a specific incident,
3279		-	proceeding, or individual;
3280		-	(b) all documents relating to a specific incident,
3281		-	proceeding, or individual made available to or maintained
3282		-	by probation officers;
3283		-	(c) all documents, video or audio tapes, photographs,
3284		-	and exhibits admitted into evidence at juvenile court
3285		-	hearings; or
3286		-	(d) all documents, transcripts, records, reports, or
3287		-	other evidence prepared by, maintained by, or released by
3288		-	any municipal, county, or State agency or department, in
3289		-	any format, if indicating involvement with the juvenile
3290		-	court relating to a specific incident, proceeding, or
3291		-	individual.
3292		-	(8.2) "Juvenile law enforcement record" includes records
3293		-	of arrest, station adjustments, fingerprints, probation
3294		-	adjustments, the issuance of a notice to appear, or any other
3295		-	records or documents maintained by any law enforcement agency
3296		-	relating to a minor suspected of committing an offense, and
3297		-	records maintained by a law enforcement agency that identifies
3298		-	a juvenile as a suspect in committing an offense, but does not
3299		-	include records identifying a juvenile as a victim, witness,
3300		-
3301		-
3302		-	or missing juvenile and any records created, maintained, or
3303		-	used for purposes of referral to programs relating to
3304		-	diversion as defined in subsection (6) of Section 5-105.
3305		-	(9) "Legal custody" means the relationship created by an
3306		-	order of court in the best interests of the minor which imposes
3307		-	on the custodian the responsibility of physical possession of
3308		-	a minor and the duty to protect, train and discipline the minor
3309		-	and to provide the minor with food, shelter, education, and
3310		-	ordinary medical care, except as these are limited by residual
3311		-	parental rights and responsibilities and the rights and
3312		-	responsibilities of the guardian of the person, if any.
3313		-	(9.1) "Mentally capable adult relative" means a person 21
3314		-	years of age or older who is not suffering from a mental
3315		-	illness that prevents the person from providing the care
3316		-	necessary to safeguard the physical safety and welfare of a
3317		-	minor who is left in that person's care by the parent or
3318		-	parents or other person responsible for the minor's welfare.
3319		-	(10) "Minor" means a person under the age of 21 years
3320		-	subject to this Act.
3321		-	(11) "Parent" means a father or mother of a child and
3322		-	includes any adoptive parent. It also includes a person (i)
3323		-	whose parentage is presumed or has been established under the
3324		-	law of this or another jurisdiction or (ii) who has registered
3325		-	with the Putative Father Registry in accordance with Section
3326		-	12.1 of the Adoption Act and whose paternity has not been ruled
3327		-	out under the law of this or another jurisdiction. It does not
3328		-
3329		-
3330		-	include a parent whose rights in respect to the minor have been
3331		-	terminated in any manner provided by law. It does not include a
3332		-	person who has been or could be determined to be a parent under
3333		-	the Illinois Parentage Act of 1984 or the Illinois Parentage
3334		-	Act of 2015, or similar parentage law in any other state, if
3335		-	that person has been convicted of or pled nolo contendere to a
3336		-	crime that resulted in the conception of the child under
3337		-	Section 11-1.20, 11-1.30, 11-1.40, 11-11, 12-13, 12-14,
3338		-	12-14.1, subsection (a) or (b) (but not subsection (c)) of
3339		-	Section 11-1.50 or 12-15, or subsection (a), (b), (c), (e), or
3340		-	(f) (but not subsection (d)) of Section 11-1.60 or 12-16 of the
3341		-	Criminal Code of 1961 or the Criminal Code of 2012, or similar
3342		-	statute in another jurisdiction unless upon motion of any
3343		-	party, other than the offender, to the juvenile court
3344		-	proceedings the court finds it is in the child's best interest
3345		-	to deem the offender a parent for purposes of the juvenile
3346		-	court proceedings.
3347		-	(11.1) "Permanency goal" means a goal set by the court as
3348		-	defined in subdivision (2) of Section 2-28.
3349		-	(11.2) "Permanency hearing" means a hearing to set the
3350		-	permanency goal and to review and determine (i) the
3351		-	appropriateness of the services contained in the plan and
3352		-	whether those services have been provided, (ii) whether
3353		-	reasonable efforts have been made by all the parties to the
3354		-	service plan to achieve the goal, and (iii) whether the plan
3355		-	and goal have been achieved.
3356		-
3357		-
3358		-	(12) "Petition" means the petition provided for in Section
3359		-	2-13, 3-15, 4-12, or 5-520, including any supplemental
3360		-	petitions thereunder in Section 3-15, 4-12, or 5-520.
3361		-	(12.1) "Physically capable adult relative" means a person
3362		-	21 years of age or older who does not have a severe physical
3363		-	disability or medical condition, or is not suffering from
3364		-	alcoholism or drug addiction, that prevents the person from
3365		-	providing the care necessary to safeguard the physical safety
3366		-	and welfare of a minor who is left in that person's care by the
3367		-	parent or parents or other person responsible for the minor's
3368		-	welfare.
3369		-	(12.2) "Post Permanency Sibling Contact Agreement" has the
3370		-	meaning ascribed to the term in Section 7.4 of the Children and
3371		-	Family Services Act.
3372		-	(12.3) "Residential treatment center" means a licensed
3373		-	setting that provides 24-hour care to children in a group home
3374		-	or institution, including a facility licensed as a child care
3375		-	institution under Section 2.06 of the Child Care Act of 1969, a
3376		-	licensed group home under Section 2.16 of the Child Care Act of
3377		-	1969, a qualified residential treatment program under Section
3378		-	2.35 of the Child Care Act of 1969, a secure child care
3379		-	facility as defined in paragraph (18) of this Section, or any
3380		-	similar facility in another state. "Residential treatment
3381		-	center" does not include a relative foster home or a licensed
3382		-	foster family home.
3383		-	(13) "Residual parental rights and responsibilities" means
3384		-
3385		-
3386		-	those rights and responsibilities remaining with the parent
3387		-	after the transfer of legal custody or guardianship of the
3388		-	person, including, but not necessarily limited to, the right
3389		-	to reasonable visitation (which may be limited by the court in
3390		-	the best interests of the minor as provided in subsection
3391		-	(8)(b) of this Section), the right to consent to adoption, the
3392		-	right to determine the minor's religious affiliation, and the
3393		-	responsibility for the minor's support.
3394		-	(14) "Shelter" means the temporary care of a minor in
3395		-	physically unrestricting facilities pending court disposition
3396		-	or execution of court order for placement.
3397		-	(14.05) "Shelter placement" means a temporary or emergency
3398		-	placement for a minor, including an emergency foster home
3399		-	placement.
3400		-	(14.1) "Sibling Contact Support Plan" has the meaning
3401		-	ascribed to the term in Section 7.4 of the Children and Family
3402		-	Services Act.
3403		-	(14.2) "Significant event report" means a written document
3404		-	describing an occurrence or event beyond the customary
3405		-	operations, routines, or relationships in the Department of
3406		-	Children of Family Services, a child care facility, or other
3407		-	entity that is licensed or regulated by the Department of
3408		-	Children of Family Services or that provides services for the
3409		-	Department of Children of Family Services under a grant,
3410		-	contract, or purchase of service agreement; involving children
3411		-	or youth, employees, foster parents, or relative caregivers;
3412		-
3413		-
3414		-	allegations of abuse or neglect or any other incident raising
3415		-	a concern about the well-being of a minor under the
3416		-	jurisdiction of the court under Article II of the Juvenile
3417		-	Court Act of 1987; incidents involving damage to property,
3418		-	allegations of criminal activity, misconduct, or other
3419		-	occurrences affecting the operations of the Department of
3420		-	Children of Family Services or a child care facility; any
3421		-	incident that could have media impact; and unusual incidents
3422		-	as defined by Department of Children and Family Services rule.
3423		-	(15) "Station adjustment" means the informal handling of
3424		-	an alleged offender by a juvenile police officer.
3425		-	(16) "Ward of the court" means a minor who is so adjudged
3426		-	under Section 2-22, 3-23, 4-20, or 5-705, after a finding of
3427		-	the requisite jurisdictional facts, and thus is subject to the
3428		-	dispositional powers of the court under this Act.
3429		-	(17) "Juvenile police officer" means a sworn police
3430		-	officer who has completed a Basic Recruit Training Course, has
3431		-	been assigned to the position of juvenile police officer by
3432		-	the officer's chief law enforcement officer and has completed
3433		-	the necessary juvenile officers training as prescribed by the
3434		-	Illinois Law Enforcement Training Standards Board, or in the
3435		-	case of a State police officer, juvenile officer training
3436		-	approved by the Director of the Illinois State Police.
3437		-	(18) "Secure child care facility" means any child care
3438		-	facility licensed by the Department of Children and Family
3439		-	Services to provide secure living arrangements for children
3440		-
3441		-
3442		-	under 18 years of age who are subject to placement in
3443		-	facilities under the Children and Family Services Act and who
3444		-	are not subject to placement in facilities for whom standards
3445		-	are established by the Department of Corrections under Section
3446		-	3-15-2 of the Unified Code of Corrections. "Secure child care
3447		-	facility" also means a facility that is designed and operated
3448		-	to ensure that all entrances and exits from the facility, a
3449		-	building, or a distinct part of the building are under the
3450		-	exclusive control of the staff of the facility, whether or not
3451		-	the child has the freedom of movement within the perimeter of
3452		-	the facility, building, or distinct part of the building.
3453		-	(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23;
3454		-	revised 9-20-23.)
3455		-	Section 60. The Crime Victims Compensation Act is amended
3456		-	by changing Sections 2 and 10.1 as follows:
3457		-	(740 ILCS 45/2)
3458		-	Sec. 2. Definitions. As used in this Act, unless the
3459		-	context otherwise requires:
3460		-	(a) "Applicant" means any of the following claiming
3461		-	compensation under this Act: a victim, a person who was a
3462		-	dependent of a deceased victim of a crime of violence for the
3463		-	person's support at the time of the death of that victim, a
3464		-	person who legally assumes the obligation or who voluntarily
3465		-	pays the medical or the funeral or burial expenses incurred as
3466		-
3467		-
3468		-	a direct result of the crime, and any other person who applies
3469		-	for compensation under this Act or any person the Court of
3470		-	Claims or the Attorney General finds is entitled to
3471		-	compensation, including the guardian of a minor or of a person
3472		-	under legal disability. It includes any person who was a
3473		-	dependent of a deceased victim of a crime of violence for his
3474		-	or her support at the time of the death of that victim.
3475		-	The changes made to this subsection by Public Act 101-652
3476		-	apply to actions commenced or pending on or after January 1,
3477		-	2022.
3478		-	(b) "Court of Claims" means the Court of Claims created by
3479		-	the Court of Claims Act.
3480		-	(c) "Crime of violence" means and includes any offense
3481		-	defined in Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1,
3482		-	10-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
3483		-	11-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-23, 11-23.5,
3484		-	12-1, 12-2, 12-3, 12-3.1, 12-3.2, 12-3.3, 12-3.4, 12-4,
3485		-	12-4.1, 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13,
3486		-	12-14, 12-14.1, 12-15, 12-16, 12-20.5, 12-30, 20-1 or 20-1.1,
3487		-	or Section 12-3.05 except for subdivision (a)(4) or (g)(1), or
3488		-	subdivision (a)(4) of Section 11-14.4, of the Criminal Code of
3489		-	1961 or the Criminal Code of 2012, Sections 1(a) and 1(a-5) of
3490		-	the Cemetery Protection Act, Section 125 of the Stalking No
3491		-	Contact Order Act, Section 219 of the Civil No Contact Order
3492		-	Act, driving under the influence as defined in Section 11-501
3493		-	of the Illinois Vehicle Code, a violation of Section 11-401 of
3494		-
3495		-
3496		-	the Illinois Vehicle Code, provided the victim was a
3497		-	pedestrian or was operating a vehicle moved solely by human
3498		-	power or a mobility device at the time of contact, and a
3499		-	violation of Section 11-204.1 of the Illinois Vehicle Code; so
3500		-	long as the offense did not occur during a civil riot,
3501		-	insurrection or rebellion. "Crime of violence" does not
3502		-	include any other offense or crash involving a motor vehicle
3503		-	except those vehicle offenses specifically provided for in
3504		-	this paragraph. "Crime of violence" does include all of the
3505		-	offenses specifically provided for in this paragraph that
3506		-	occur within this State but are subject to federal
3507		-	jurisdiction and crimes involving terrorism as defined in 18
3508		-	U.S.C. 2331.
3509		-	(d) "Victim" means (1) a person killed or injured in this
3510		-	State as a result of a crime of violence perpetrated or
3511		-	attempted against him or her, (2) the spouse, parent, or child
3512		-	of a person killed or injured in this State as a result of a
3513		-	crime of violence perpetrated or attempted against the person,
3514		-	or anyone living in the household of a person killed or injured
3515		-	in a relationship that is substantially similar to that of a
3516		-	parent, spouse, or child, (3) a person killed or injured in
3517		-	this State while attempting to assist a person against whom a
3518		-	crime of violence is being perpetrated or attempted, if that
3519		-	attempt of assistance would be expected of a reasonable person
3520		-	under the circumstances, (4) a person killed or injured in
3521		-	this State while assisting a law enforcement official
3522		-
3523		-
3524		-	apprehend a person who has perpetrated a crime of violence or
3525		-	prevent the perpetration of any such crime if that assistance
3526		-	was in response to the express request of the law enforcement
3527		-	official, (5) a person who personally witnessed a violent
3528		-	crime, (5.05) a person who will be called as a witness by the
3529		-	prosecution to establish a necessary nexus between the
3530		-	offender and the violent crime, (5.1) solely for the purpose
3531		-	of compensating for pecuniary loss incurred for psychological
3532		-	treatment of a mental or emotional condition caused or
3533		-	aggravated by the crime, any other person under the age of 18
3534		-	who is the brother, sister, half brother, or half sister of a
3535		-	person killed or injured in this State as a result of a crime
3536		-	of violence, (6) an Illinois resident who is a victim of a
3537		-	"crime of violence" as defined in this Act except, if the crime
3538		-	occurred outside this State, the resident has the same rights
3539		-	under this Act as if the crime had occurred in this State upon
3540		-	a showing that the state, territory, country, or political
3541		-	subdivision of a country in which the crime occurred does not
3542		-	have a compensation of victims of crimes law for which that
3543		-	Illinois resident is eligible, (7) the parent, spouse, or
3544		-	child of a deceased person whose body is dismembered or whose
3545		-	remains are desecrated as the result of a crime of violence, or
3546		-	(8) (blank) solely for the purpose of compensating for
3547		-	pecuniary loss incurred for psychological treatment of a
3548		-	mental or emotional condition caused or aggravated by the
3549		-	crime, any parent, spouse, or child under the age of 18 of a
3550		-
3551		-
3552		-	deceased person whose body is dismembered or whose remains are
3553		-	desecrated as the result of a crime of violence.
3554		-	(e) "Dependent" means a relative of a deceased victim who
3555		-	was wholly or partially dependent upon the victim's income at
3556		-	the time of his or her death and shall include the child of a
3557		-	victim born after his or her death.
3558		-	(f) "Relative" means a spouse, parent, grandparent,
3559		-	stepfather, stepmother, child, grandchild, brother,
3560		-	brother-in-law, sister, sister-in-law, half brother, half
3561		-	sister, spouse's parent, nephew, niece, uncle, aunt, or anyone
3562		-	living in the household of a person killed or injured in a
3563		-	relationship that is substantially similar to that of a
3564		-	parent, spouse, or child.
3565		-	(g) "Child" means a son or daughter and includes a
3566		-	stepchild, an adopted child or a child born out of wedlock.
3567		-	(h) "Pecuniary loss" means: ,
3568		-	(1) in the case of injury, appropriate medical
3569		-	expenses and hospital expenses including expenses of
3570		-	medical examinations, rehabilitation, medically required
3571		-	nursing care expenses, appropriate psychiatric care or
3572		-	psychiatric counseling expenses, appropriate expenses for
3573		-	care or counseling by a licensed clinical psychologist,
3574		-	licensed clinical social worker, licensed professional
3575		-	counselor, or licensed clinical professional counselor and
3576		-	expenses for treatment by Christian Science practitioners
3577		-	and nursing care appropriate thereto;
3578		-
3579		-
3580		-	(2) transportation expenses to and from medical and
3581		-	counseling treatment facilities;
3582		-	(3) prosthetic appliances, eyeglasses, and hearing
3583		-	aids necessary or damaged as a result of the crime;
3584		-	(4) expenses incurred for the towing and storage of a
3585		-	victim's vehicle in connection with a crime of violence,
3586		-	to a maximum of $1,000;
3587		-	(5) costs associated with trafficking tattoo removal
3588		-	by a person authorized or licensed to perform the specific
3589		-	removal procedure;
3590		-	(6) replacement costs for clothing and bedding used as
3591		-	evidence;
3592		-	(7) costs associated with temporary lodging or
3593		-	relocation necessary as a result of the crime, including,
3594		-	but not limited to, the first 2 months' month's rent and
3595		-	security deposit of the dwelling that the claimant
3596		-	relocated to and other reasonable relocation expenses
3597		-	incurred as a result of the violent crime;
3598		-	(8) locks or windows necessary or damaged as a result
3599		-	of the crime;
3600		-	(9) the purchase, lease, or rental of equipment
3601		-	necessary to create usability of and accessibility to the
3602		-	victim's real and personal property, or the real and
3603		-	personal property which is used by the victim, necessary
3604		-	as a result of the crime; "real and personal property"
3605		-	includes, but is not limited to, vehicles, houses,
3606		-
3607		-
3608		-	apartments, townhouses, or condominiums;
3609		-	(10) the costs of appropriate crime scene clean-up;
3610		-	(11) replacement services loss, to a maximum of $1,250
3611		-	per month, with this amount to be divided in proportion to
3612		-	the amount of the actual loss among those entitled to
3613		-	compensation;
3614		-	(12) dependents replacement services loss, to a
3615		-	maximum of $1,250 per month, with this amount to be
3616		-	divided in proportion to the amount of the actual loss
3617		-	among those entitled to compensation;
3618		-	(13) loss of tuition paid to attend grammar school or
3619		-	high school when the victim had been enrolled as a student
3620		-	prior to the injury, or college or graduate school when
3621		-	the victim had been enrolled as a day or night student
3622		-	prior to the injury when the victim becomes unable to
3623		-	continue attendance at school as a result of the crime of
3624		-	violence perpetrated against him or her;
3625		-	(14) loss of earnings, loss of future earnings because
3626		-	of disability resulting from the injury. Loss of future
3627		-	earnings shall be reduced by any income from substitute
3628		-	work actually performed by the victim or by income the
3629		-	victim would have earned in available appropriate
3630		-	substitute work the victim was capable of performing but
3631		-	unreasonably failed to undertake; loss of earnings and
3632		-	loss of future earnings shall be determined on the basis
3633		-	of the victim's average net monthly earnings for the 6
3634		-
3635		-
3636		-	months immediately preceding the date of the injury or on
3637		-	$2,400 per month, whichever is less, or, in cases where
3638		-	the absences commenced more than 3 years from the date of
3639		-	the crime, on the basis of the net monthly earnings for the
3640		-	6 months immediately preceding the date of the first
3641		-	absence, not to exceed $2,400 per month; ,
3642		-	(15) loss of support of the dependents of the victim.
3643		-	Loss of support shall be determined on the basis of the
3644		-	victim's average net monthly earnings for the 6 months
3645		-	immediately preceding the date of the injury or on $2,400
3646		-	per month, whichever is less, or, in cases where the
3647		-	absences commenced more than 3 years from the date of the
3648		-	crime, on the basis of the net monthly earnings for the 6
3649		-	months immediately preceding the date of the first
3650		-	absence, not to exceed $2,400 per month. If a divorced or
3651		-	legally separated applicant is claiming loss of support
3652		-	for a minor child of the deceased, the amount of support
3653		-	for each child shall be based either on the amount of
3654		-	support pursuant to the judgment prior to the date of the
3655		-	deceased victim's injury or death, or, if the subject of
3656		-	pending litigation filed by or on behalf of the divorced
3657		-	or legally separated applicant prior to the injury or
3658		-	death, on the result of that litigation. Loss of support
3659		-	for minors shall be divided in proportion to the amount of
3660		-	the actual loss among those entitled to such compensation;
3661		-	(16) and, in addition, in the case of death, expenses
3662		-
3663		-
3664		-	for reasonable funeral, burial, and travel and transport
3665		-	for survivors of homicide victims to secure bodies of
3666		-	deceased victims and to transport bodies for burial all of
3667		-	which may be awarded up to a maximum of $10,000 for each
3668		-	victim. Other individuals that have paid or become
3669		-	obligated to pay funeral or burial expenses for the
3670		-	deceased shall share a maximum award of $10,000, with the
3671		-	award divided in proportion to the amount of the actual
3672		-	loss among those entitled to compensation; and and loss of
3673		-	support of the dependents of the victim;
3674		-	(17) in the case of dismemberment or desecration of a
3675		-	body, expenses for reasonable funeral and burial, all of
3676		-	which may be awarded up to a maximum of $10,000 for each
3677		-	victim. Other individuals that have paid or become
3678		-	obligated to pay funeral or burial expenses for the
3679		-	deceased shall share a maximum award of $10,000, with the
3680		-	award divided in proportion to the amount of the actual
3681		-	loss among those entitled to compensation. Loss of future
3682		-	earnings shall be reduced by any income from substitute
3683		-	work actually performed by the victim or by income he or
3684		-	she would have earned in available appropriate substitute
3685		-	work he or she was capable of performing but unreasonably
3686		-	failed to undertake. Loss of earnings, loss of future
3687		-	earnings and loss of support shall be determined on the
3688		-	basis of the victim's average net monthly earnings for the
3689		-	6 months immediately preceding the date of the injury or
3690		-
3691		-
3692		-	on $2,400 per month, whichever is less or, in cases where
3693		-	the absences commenced more than 3 years from the date of
3694		-	the crime, on the basis of the net monthly earnings for the
3695		-	6 months immediately preceding the date of the first
3696		-	absence, not to exceed $2,400 per month. If a divorced or
3697		-	legally separated applicant is claiming loss of support
3698		-	for a minor child of the deceased, the amount of support
3699		-	for each child shall be based either on the amount of
3700		-	support pursuant to the judgment prior to the date of the
3701		-	deceased victim's injury or death, or, if the subject of
3702		-	pending litigation filed by or on behalf of the divorced
3703		-	or legally separated applicant prior to the injury or
3704		-	death, on the result of that litigation. Real and personal
3705		-	property includes, but is not limited to, vehicles,
3706		-	houses, apartments, town houses, or condominiums.
3707		-	"Pecuniary loss" does not include pain and suffering or
3708		-	property loss or damage.
3709		-	The changes made to this subsection by Public Act 101-652
3710		-	apply to actions commenced or pending on or after January 1,
3711		-	2022.
3712		-	(i) "Replacement services loss" means expenses reasonably
3713		-	incurred in obtaining ordinary and necessary services in lieu
3714		-	of those the injured person would have performed, not for
3715		-	income, but for the benefit of himself or herself or his or her
3716		-	family, if he or she had not been injured.
3717		-	(j) "Dependents replacement services loss" means loss
3718		-
3719		-
3720		-	reasonably incurred by dependents or private legal guardians
3721		-	of minor dependents after a victim's death in obtaining
3722		-	ordinary and necessary services in lieu of those the victim
3723		-	would have performed, not for income, but for their benefit,
3724		-	if he or she had not been fatally injured.
3725		-	(k) "Survivor" means immediate family including a parent,
3726		-	stepfather, stepmother, child, brother, sister, or spouse.
3727		-	(l) "Parent" means a natural parent, adopted parent,
3728		-	stepparent, or permanent legal guardian of another person.
3729		-	(m) "Trafficking tattoo" is a tattoo which is applied to a
3730		-	victim in connection with the commission of a violation of
3731		-	Section 10-9 of the Criminal Code of 2012.
3732		-	(Source: P.A. 102-27, eff. 6-25-21; 102-905, eff. 1-1-23;
3733		-	102-982, eff. 7-1-23; 103-154, eff. 6-30-23.)
3734		-	(740 ILCS 45/10.1) (from Ch. 70, par. 80.1)
3735		-	Sec. 10.1. Award Amount of compensation. The awarding of
3736		-	compensation and the amount of compensation to which an
3737		-	applicant and other persons are entitled shall be based on the
3738		-	following factors:
3739		-	(a) Each A victim may be compensated for his or her
3740		-	pecuniary loss up the maximum amount allowable.
3741		-	(b) Each A dependent may be compensated for loss of
3742		-	support, as provided in paragraph (15) of subsection (h)
3743		-	of Section 2.
3744		-	(c) Any person, even though not dependent upon the
3745		-
3746		-
3747		-	victim for his or her support, may be compensated for
3748		-	reasonable expenses of the victim to the extent to which
3749		-	he or she has paid or become obligated to pay such expenses
3750		-	and only after compensation for reasonable funeral,
3751		-	medical and hospital expenses of the victim have been
3752		-	awarded may compensation be made for reasonable expenses
3753		-	of the victim incurred for psychological treatment of a
3754		-	mental or emotional condition caused or aggravated by the
3755		-	crime. Persons that have paid or become obligated to pay
3756		-	expenses for a victim shall share the maximum award with
3757		-	the amount divided in proportion to the amount of the
3758		-	actual loss among those entitled to compensation.
3759		-	(d) An award shall be reduced or denied according to
3760		-	the extent to which the victim's injury or death was
3761		-	caused by provocation or incitement by the victim or the
3762		-	victim assisting, attempting, or committing a criminal
3763		-	act. A denial or reduction shall not automatically bar the
3764		-	survivors of homicide victims from receiving compensation
3765		-	for counseling, crime scene cleanup, relocation, funeral
3766		-	or burial costs, and loss of support if the survivor's
3767		-	actions have not initiated, provoked, or aggravated the
3768		-	suspect into initiating the qualifying crime.
3769		-	(e) An award shall be reduced by the amount of
3770		-	benefits, payments or awards payable under those sources
3771		-	which are required to be listed under item (7) of Section
3772		-	7.1(a) and any other sources except annuities, pension
3773		-
3774		-
3775		-	plans, Federal Social Security payments payable to
3776		-	dependents of the victim and the net proceeds of the first
3777		-	$25,000 of life insurance that would inure to the benefit
3778		-	of the applicant, which the applicant or any other person
3779		-	dependent for the support of a deceased victim, as the
3780		-	case may be, has received or to which he or she is entitled
3781		-	as a result of injury to or death of the victim.
3782		-	(f) A final award shall not exceed $10,000 for a crime
3783		-	committed prior to September 22, 1979, $15,000 for a crime
3784		-	committed on or after September 22, 1979 and prior to
3785		-	January 1, 1986, $25,000 for a crime committed on or after
3786		-	January 1, 1986 and prior to August 7, 1998, $27,000 for a
3787		-	crime committed on or after August 7, 1998 and prior to
3788		-	August 7, 2022, or $45,000 per victim for a crime
3789		-	committed on or after August 7, 2022. For any applicant
3790		-	who is not a victim, if If the total pecuniary loss is
3791		-	greater than the maximum amount allowed, the award shall
3792		-	be divided in proportion to the amount of actual loss
3793		-	among those entitled to compensation who are not victims.
3794		-	(g) Compensation under this Act is a secondary source
3795		-	of compensation and the applicant must show that he or she
3796		-	has exhausted the benefits reasonably available under the
3797		-	Criminal Victims' Escrow Account Act or any governmental
3798		-	or medical or health insurance programs, including, but
3799		-	not limited to, Workers' Compensation, the Federal
3800		-	Medicare program, the State Public Aid program, Social
3801		-
3802		-
3803		-	Security Administration burial benefits, and Veterans
3804		-	Administration burial benefits, and life, health,
3805		-	accident, full vehicle coverage (including towing
3806		-	insurance, if available), or liability insurance.
3807		-	(Source: P.A. 102-27, eff. 1-1-22; 102-905, eff. 1-1-23.)
3808		-	Section 65. The Day and Temporary Labor Services Act is
3809		-	amended by changing Section 42 as follows:
3810		-	(820 ILCS 175/42)
3811		-	Sec. 42. Equal pay for equal work. A day or temporary
3812		-	laborer who is assigned to work at a third party client for
3813		-	more than 90 calendar days shall be paid not less than the rate
3814		-	of pay and equivalent benefits as the lowest paid directly
3815		-	hired employee of the third party client with the same level of
3816		-	seniority at the company and performing the same or
3817		-	substantially similar work on jobs the performance of which
3818		-	requires substantially similar skill, effort, and
3819		-	responsibility, and that are performed under similar working
3820		-	conditions. If there is not a directly hired comparative
3821		-	employee of the third party client, the day or temporary
3822		-	laborer shall be paid not less than the rate of pay and
3823		-	equivalent benefits of the lowest paid direct hired employee
3824		-	of the company with the closest level of seniority at the
3825		-	company. A day and temporary labor service agency may pay the
3826		-	hourly cash equivalent of the actual cost benefits in lieu of
3827		-
3828		-
3829		-	benefits required under this Section. Upon request, a third
3830		-	party client to which a day or temporary laborer has been
3831		-	assigned for more than 90 calendar days shall be obligated to
3832		-	timely provide the day and temporary labor service agency with
3833		-	all necessary information related to job duties, pay, and
3834		-	benefits of directly hired employees necessary for the day and
3835		-	temporary labor service agency to comply with this Section.
3836		-	The failure by a third party client to provide any of the
3837		-	information required under this Section shall constitute a
3838		-	notice violation by the third party client under Section 95.
3839		-	For purposes of this Section, the day and temporary labor
3840		-	service agency shall be considered a person aggrieved as
3841		-	described in Section 95. For the purposes of this Section, the
3842		-	calculation of the 90 calendar days may not begin until April
3843		-	1, 2024.
3844		-	(Source: P.A. 103-437, eff. 8-4-23.)
3845		-	Section 95. No acceleration or delay. Where this Act makes
3846		-	changes in a statute that is represented in this Act by text
3847		-	that is not yet or no longer in effect (for example, a Section
3848		-	represented by multiple versions), the use of that text does
3849		-	not accelerate or delay the taking effect of (i) the changes
3850		-	made by this Act or (ii) provisions derived from any other
3851		-	Public Act.
	32	+	HB3641 Enrolled- 2 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 2 - LRB103 30390 HLH 56820 b
	33	+	HB3641 Enrolled - 2 - LRB103 30390 HLH 56820 b
	34	+	1 (Source: P.A. 103-8, eff. 1-1-24.)
	35	+	2 Section 10. The Children and Family Services Act is
	36	+	3 amended by changing Section 5.46 as follows:
	37	+	4 (20 ILCS 505/5.46)
	38	+	5 Sec. 5.46. Application for Social Security benefits,
	39	+	6 Supplemental Security Income, Veterans benefits, and Railroad
	40	+	7 Retirement benefits.
	41	+	8 (a) Definitions. As used in this Section:
	42	+	9 "Achieving a Better Life Experience Account" or "ABLE
	43	+	10 account" means an account established for the purpose of
	44	+	11 financing certain qualified expenses of eligible individuals
	45	+	12 as specifically provided for in Section 529A of the Internal
	46	+	13 Revenue Code and Section 16.6 of the State Treasurer Act.
	47	+	14 "Benefits" means Social Security benefits, Supplemental
	48	+	15 Security Income, Veterans benefits, and Railroad Retirement
	49	+	16 benefits.
	50	+	17 "DCFS Guardianship Administrator" means a Department
	51	+	18 representative appointed as guardian of the person or legal
	52	+	19 custodian of the minor youth in care.
	53	+	20 "Youth's attorney and guardian ad litem" means the person
	54	+	21 appointed as the youth's attorney or guardian ad litem in
	55	+	22 accordance with the Juvenile Court Act of 1987 in the
	56	+	23 proceeding in which the Department is appointed as the youth's
	57	+	24 guardian or custodian.
	58	+
	59	+
	60	+
	61	+
	62	+
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	64	+
	65	+
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	67	+	HB3641 Enrolled - 3 - LRB103 30390 HLH 56820 b
	68	+	1 (b) Application for benefits.
	69	+	2 (1) Upon receiving temporary custody or guardianship
	70	+	3 of a youth in care, the Department shall assess the youth
	71	+	4 to determine whether the youth may be eligible for
	72	+	5 benefits. If, after the assessment, the Department
	73	+	6 determines that the youth may be eligible for benefits,
	74	+	7 the Department shall ensure that an application is filed
	75	+	8 on behalf of the youth. The Department shall prescribe by
	76	+	9 rule how it will review cases of youth in care at regular
	77	+	10 intervals to determine whether the youth may have become
	78	+	11 eligible for benefits after the initial assessment. The
	79	+	12 Department shall make reasonable efforts to encourage
	80	+	13 youth in care over the age of 18 who are likely eligible
	81	+	14 for benefits to cooperate with the application process and
	82	+	15 to assist youth with the application process.
	83	+	16 (2) When applying for benefits under this Section for
	84	+	17 a youth in care the Department shall identify a
	85	+	18 representative payee in accordance with the requirements
	86	+	19 of 20 CFR 404.2021 and 416.621. If the Department is
	87	+	20 seeking to be appointed as the youth's representative
	88	+	21 payee, the Department must consider input, if provided,
	89	+	22 from the youth's attorney and guardian ad litem regarding
	90	+	23 whether another representative payee, consistent with the
	91	+	24 requirements of 20 CFR 404.2021 and 416.621, is available.
	92	+	25 If the Department serves as the representative payee for a
	93	+	26 youth over the age of 18, the Department shall request a
	94	+
	95	+
	96	+
	97	+
	98	+
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	101	+
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	104	+	1 court order, as described in subparagraph (C) of paragraph
	105	+	2 (1) of subsection (d) and in subparagraph (C) of paragraph
	106	+	3 (2) of subsection (d).
	107	+	4 (c) Notifications. The Department shall immediately notify
	108	+	5 a youth over the age of 16, the youth's attorney and guardian
	109	+	6 ad litem, and the youth's parent or legal guardian or another
	110	+	7 responsible adult of:
	111	+	8 (1) any application for or any application to become
	112	+	9 representative payee for benefits on behalf of a youth in
	113	+	10 care;
	114	+	11 (2) beginning January 1, 2025, any communications from
	115	+	12 the Social Security Administration, the U.S. Department of
	116	+	13 Veterans Affairs, or the Railroad Retirement Board
	117	+	14 pertaining to the acceptance or denial of benefits or the
	118	+	15 selection of a representative payee; and
	119	+	16 (3) beginning January 1, 2025, any appeal or other
	120	+	17 action requested by the Department regarding an
	121	+	18 application for benefits.
	122	+	19 (d) Use of benefits. Consistent with federal law, when the
	123	+	20 Department serves as the representative payee for a youth
	124	+	21 receiving benefits and receives benefits on the youth's
	125	+	22 behalf, the Department shall:
	126	+	23 (1) Beginning January 1, 2024 2023, ensure that when
	127	+	24 the youth attains the age of 14 years and until the
	128	+	25 Department no longer serves as the representative payee, a
	129	+	26 minimum percentage of the youth's Supplemental Security
	130	+
	131	+
	132	+
	133	+
	134	+
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	136	+
	137	+
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	139	+	HB3641 Enrolled - 5 - LRB103 30390 HLH 56820 b
	140	+	1 Income benefits are conserved in accordance with paragraph
	141	+	2 (4) as follows:
	142	+	3 (A) From the age of 14 through age 15, at least
	143	+	4 40%.
	144	+	5 (B) From the age of 16 through age 17, at least
	145	+	6 80%.
	146	+	7 (C) From the age of 18 and older through 20, 100%,
	147	+	8 when a court order has been entered expressly
	148	+	9 authorizing allowing the DCFS Guardianship
	149	+	10 Administrator to serve as the designated
	150	+	11 representative to establish an ABLE account on behalf
	151	+	12 of a youth Department to have the authority to
	152	+	13 establish and serve as an authorized agent of the
	153	+	14 youth over the age of 18 with respect to an account
	154	+	15 established in accordance with paragraph (4).
	155	+	16 (2) Beginning January 1, 2024, ensure that when the
	156	+	17 youth attains the age of 14 years and until the Department
	157	+	18 no longer serves as the representative payee a minimum
	158	+	19 percentage of the youth's Social Security benefits,
	159	+	20 Veterans benefits, or Railroad Retirement benefits are
	160	+	21 conserved in accordance with paragraph (3) or (4), as
	161	+	22 applicable, as follows:
	162	+	23 (A) From the age of 14 through age 15, at least
	163	+	24 40%.
	164	+	25 (B) From the age of 16 through age 17, at least
	165	+	26 80%.
	166	+
	167	+
	168	+
	169	+
	170	+
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	172	+
	173	+
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	175	+	HB3641 Enrolled - 6 - LRB103 30390 HLH 56820 b
	176	+	1 (C) From the age of 18 through 20, 100%. If
	177	+	2 establishment of an ABLE account is necessary to
	178	+	3 conserve benefits for youth age 18 and older, then
	179	+	4 benefits shall be conserved in accordance with
	180	+	5 paragraph (4) when a court order has been entered
	181	+	6 expressly authorizing the DCFS Guardianship
	182	+	7 Administrator to serve as the designated
	183	+	8 representative to establish an ABLE account on behalf
	184	+	9 of a youth , when a court order has been entered
	185	+	10 expressly allowing the Department to have the
	186	+	11 authority to establish and serve as an authorized
	187	+	12 agent of the youth over the age of 18 with respect to
	188	+	13 an account established in accordance with paragraph
	189	+	14 (4).
	190	+	15 (3) Exercise discretion in accordance with federal law
	191	+	16 and in the best interests of the youth when making
	192	+	17 decisions to use or conserve the youth's benefits that are
	193	+	18 less than or not subject to asset or resource limits under
	194	+	19 federal law, including using the benefits to address the
	195	+	20 youth's special needs and conserving the benefits for the
	196	+	21 youth's reasonably foreseeable future needs.
	197	+	22 (4) Appropriately monitor any federal asset or
	198	+	23 resource limits for the Supplemental Security Income
	199	+	24 benefits and ensure that the youth's best interest is
	200	+	25 served by using or conserving the benefits in a way that
	201	+	26 avoids violating any federal asset or resource limits that
	202	+
	203	+
	204	+
	205	+
	206	+
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	208	+
	209	+
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	211	+	HB3641 Enrolled - 7 - LRB103 30390 HLH 56820 b
	212	+	1 would affect the youth's eligibility to receive the
	213	+	2 benefits, including, but not limited to:
	214	+	3 (A) applying to the Social Security Administration
	215	+	4 to establish a Plan to Achieve Self-Support (PASS)
	216	+	5 Account for the youth under the Social Security Act
	217	+	6 and determining whether it is in the best interest of
	218	+	7 the youth to conserve all or parts of the benefits in
	219	+	8 the PASS account;
	220	+	9 (B) establishing a 529 plan for the youth and
	221	+	10 conserving the youth's benefits in that account in a
	222	+	11 manner that appropriately avoids any federal asset or
	223	+	12 resource limits;
	224	+	13 (C) establishing an Individual Development Account
	225	+	14 for the youth and conserving the youth's benefits in
	226	+	15 that account in a manner that appropriately avoids any
	227	+	16 federal asset or resource limits;
	228	+	17 (A) (D) establishing an ABLE account authorized by
	229	+	18 Section 529A of the Internal Revenue Code of 1986, for
	230	+	19 the youth and conserving the youth's benefits in that
	231	+	20 account in a manner that appropriately avoids any
	232	+	21 federal asset or resource limits;
	233	+	22 (E) establishing a Social Security Plan to Achieve
	234	+	23 Self-Support account for the youth and conserving the
	235	+	24 youth's benefits in a manner that appropriately avoids
	236	+	25 any federal asset or resource limits;
	237	+	26 (F) establishing a special needs trust for the
	238	+
	239	+
	240	+
	241	+
	242	+
	243	+	HB3641 Enrolled - 7 - LRB103 30390 HLH 56820 b
	244	+
	245	+
	246	+	HB3641 Enrolled- 8 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 8 - LRB103 30390 HLH 56820 b
	247	+	HB3641 Enrolled - 8 - LRB103 30390 HLH 56820 b
	248	+	1 youth and conserving the youth's benefits in the trust
	249	+	2 in a manner that is consistent with federal
	250	+	3 requirements for special needs trusts and that
	251	+	4 appropriately avoids any federal asset or resource
	252	+	5 limits;
	253	+	6 (B) (G) if the Department determines that using
	254	+	7 the benefits for services for current special needs
	255	+	8 not already provided by the Department is in the best
	256	+	9 interest of the youth, using the benefits for those
	257	+	10 services;
	258	+	11 (C) (H) if federal law requires certain back
	259	+	12 payments of benefits to be placed in a dedicated
	260	+	13 account, complying with the requirements for dedicated
	261	+	14 accounts under 20 CFR 416.640(e); and
	262	+	15 (D) (I) applying any other exclusions from federal
	263	+	16 asset or resource limits available under federal law
	264	+	17 and using or conserving the youth's benefits in a
	265	+	18 manner that appropriately avoids any federal asset or
	266	+	19 resource limits.
	267	+	20 (e) By July 1, 2024, the Department shall provide a report
	268	+	21 to the General Assembly regarding youth in care who receive
	269	+	22 benefits who are not subject to this Act. The report shall
	270	+	23 discuss a goal of expanding conservation of children's
	271	+	24 benefits to all benefits of all children of any age for whom
	272	+	25 the Department serves as representative payee. The report
	273	+	26 shall include a description of any identified obstacles, steps
	274	+
	275	+
	276	+
	277	+
	278	+
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	281	+
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	283	+	HB3641 Enrolled - 9 - LRB103 30390 HLH 56820 b
	284	+	1 to be taken to address the obstacles, and a description of any
	285	+	2 need for statutory, rule, or procedural changes.
	286	+	3 (f) (1) Accounting.
	287	+	4 (A) Beginning on the effective date of this amendatory
	288	+	5 Act of the 103rd General Assembly through December 31,
	289	+	6 2024, upon request of the youth's attorney or guardian ad
	290	+	7 litem, the The Department shall provide an annual
	291	+	8 accounting to the youth's attorney and guardian ad litem
	292	+	9 of how the youth's benefits have been used and conserved.
	293	+	10 (B) Beginning January 1, 2025 and every year
	294	+	11 thereafter, an annual accounting of how the youth's
	295	+	12 benefits have been used and conserved shall be provided
	296	+	13 automatically to the youth's attorney and guardian ad
	297	+	14 litem.
	298	+	15 (C) In addition, within 10 business days of a request
	299	+	16 from a youth or the youth's attorney and guardian ad
	300	+	17 litem, the Department shall provide an accounting to the
	301	+	18 youth of how the youth's benefits have been used and
	302	+	19 conserved.
	303	+	20 (2) The accounting shall include:
	304	+	21 (A) (1) The amount of benefits received on the
	305	+	22 youth's behalf since the most recent accounting and
	306	+	23 the date the benefits were received.
	307	+	24 (B) (2) Information regarding the youth's benefits
	308	+	25 and resources, including the youth's benefits,
	309	+	26 insurance, cash assets, trust accounts, earnings, and
	310	+
	311	+
	312	+
	313	+
	314	+
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	316	+
	317	+
	318	+	HB3641 Enrolled- 10 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 10 - LRB103 30390 HLH 56820 b
	319	+	HB3641 Enrolled - 10 - LRB103 30390 HLH 56820 b
	320	+	1 other resources.
	321	+	2 (C) (3) An accounting of the disbursement of
	322	+	3 benefit funds, including the date, amount,
	323	+	4 identification of payee, and purpose.
	324	+	5 (D) (4) Information regarding each request by the
	325	+	6 youth, the youth's attorney and guardian ad litem, or
	326	+	7 the youth's caregiver for disbursement of funds and a
	327	+	8 statement regarding the reason for not granting the
	328	+	9 request if the request was denied.
	329	+	10 When the Department's guardianship of the youth is being
	330	+	11 terminated, prior to or upon the termination of guardianship,
	331	+	12 the Department shall provide (i) a final accounting to the
	332	+	13 Social Security Administration, to the youth's attorney and
	333	+	14 guardian ad litem, and to either the person or persons who will
	334	+	15 assume guardianship of the youth or who is in the process of
	335	+	16 adopting the youth, if the youth is under 18, or to the youth,
	336	+	17 if the youth is over 18 and (ii) information to the parent,
	337	+	18 guardian, or youth regarding how to apply to become the
	338	+	19 designated representative for the youth's ABLE account payee.
	339	+	20 The Department shall adopt rules to ensure that the
	340	+	21 representative payee transitions occur in a timely and
	341	+	22 appropriate manner.
	342	+	23 (g) Education Financial literacy. The Department shall
	343	+	24 provide the youth who have funds conserved under paragraphs
	344	+	25 (1) and (2) of subsection (d) with education with financial
	345	+	26 literacy training and support, including specific information
	346	+
	347	+
	348	+
	349	+
	350	+
	351	+	HB3641 Enrolled - 10 - LRB103 30390 HLH 56820 b
	352	+
	353	+
	354	+	HB3641 Enrolled- 11 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 11 - LRB103 30390 HLH 56820 b
	355	+	HB3641 Enrolled - 11 - LRB103 30390 HLH 56820 b
	356	+	1 regarding the existence, availability, and use of funds
	357	+	2 conserved for the youth in accordance with paragraphs (1) and
	358	+	3 (2) of subsection (d) this subsection, beginning by age 14 in a
	359	+	4 developmentally appropriate manner. The education literacy
	360	+	5 program and support services shall be developed in
	361	+	6 consultation with input from the Department's Statewide Youth
	362	+	7 Advisory Board. Education and informational materials related
	363	+	8 to ABLE accounts shall be developed in consultation with and
	364	+	9 approved by the State Treasurer.
	365	+	10 (h) Adoption of rules. The Department shall adopt rules to
	366	+	11 implement the provisions of this Section by January 1, 2024
	367	+	12 2023.
	368	+	13 (i) Reporting. No later than February 28, 2023, the
	369	+	14 Department shall file a report with the General Assembly
	370	+	15 providing the following information for State Fiscal Years
	371	+	16 2019, 2020, 2021, and 2022 and annually beginning February 28,
	372	+	17 2023, for the preceding fiscal year:
	373	+	18 (1) The number of youth entering care.
	374	+	19 (2) The number of youth entering care receiving each
	375	+	20 of the following types of benefits: Social Security
	376	+	21 benefits, Supplemental Security Income, Veterans benefits,
	377	+	22 Railroad Retirement benefits.
	378	+	23 (3) The number of youth entering care for whom the
	379	+	24 Department filed an application for each of the following
	380	+	25 types of benefits: Social Security benefits, Supplemental
	381	+	26 Security Income, Veterans benefits, Railroad Retirement
	382	+
	383	+
	384	+
	385	+
	386	+
	387	+	HB3641 Enrolled - 11 - LRB103 30390 HLH 56820 b
	388	+
	389	+
	390	+	HB3641 Enrolled- 12 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 12 - LRB103 30390 HLH 56820 b
	391	+	HB3641 Enrolled - 12 - LRB103 30390 HLH 56820 b
	392	+	1 benefits.
	393	+	2 (4) The number of youth entering care who were awarded
	394	+	3 each of the following types of benefits based on an
	395	+	4 application filed by the Department: Social Security
	396	+	5 benefits, Supplemental Security Income, Veterans benefits,
	397	+	6 Railroad Retirement benefits.
	398	+	7 (j) Annually beginning December 31, 2023, the Department
	399	+	8 shall file a report with the General Assembly with the
	400	+	9 following information regarding the preceding fiscal year:
	401	+	10 (1) the number of conserved accounts established and
	402	+	11 maintained for youth in care;
	403	+	12 (2) the average amount conserved by age group; and
	404	+	13 (3) the total amount conserved by age group.
	405	+	14 (Source: P.A. 102-1014, eff. 5-27-22; 103-154, eff. 6-30-23.)
	406	+	15 Section 15. The Illinois State Police Law of the Civil
	407	+	16 Administrative Code of Illinois is amended by changing Section
	408	+	17 2605-10 as follows:
	409	+	18 (20 ILCS 2605/2605-10) (was 20 ILCS 2605/55a in part)
	410	+	19 (Text of Section before amendment by P.A. 103-34)
	411	+	20 Sec. 2605-10. Powers and duties, generally.
	412	+	21 (a) The Illinois State Police shall exercise the rights,
	413	+	22 powers, and duties that have been vested in the Illinois State
	414	+	23 Police by the following:
	415	+	24 The Illinois State Police Act.
	416	+
	417	+
	418	+
	419	+
	420	+
	421	+	HB3641 Enrolled - 12 - LRB103 30390 HLH 56820 b
	422	+
	423	+
	424	+	HB3641 Enrolled- 13 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 13 - LRB103 30390 HLH 56820 b
	425	+	HB3641 Enrolled - 13 - LRB103 30390 HLH 56820 b
	426	+	1 The Illinois State Police Radio Act.
	427	+	2 The Criminal Identification Act.
	428	+	3 The Illinois Vehicle Code.
	429	+	4 The Firearm Owners Identification Card Act.
	430	+	5 The Firearm Concealed Carry Act.
	431	+	6 The Gun Dealer Licensing Act.
	432	+	7 The Intergovernmental Missing Child Recovery Act of
	433	+	8 1984.
	434	+	9 The Intergovernmental Drug Laws Enforcement Act.
	435	+	10 The Narcotic Control Division Abolition Act.
	436	+	11 (b) The Illinois State Police shall have the powers and
	437	+	12 duties set forth in the following Sections.
	438	+	13 (Source: P.A. 102-538, eff. 8-20-21.)
	439	+	14 (Text of Section after amendment by P.A. 103-34)
	440	+	15 Sec. 2605-10. Powers and duties, generally.
	441	+	16 (a) The Illinois State Police shall exercise the rights,
	442	+	17 powers, and duties that have been vested in the Illinois State
	443	+	18 Police by the following:
	444	+	19 The Illinois State Police Act.
	445	+	20 The Illinois State Police Radio Act.
	446	+	21 The Criminal Identification Act.
	447	+	22 The Illinois Vehicle Code.
	448	+	23 The Firearm Owners Identification Card Act.
	449	+	24 The Firearm Concealed Carry Act.
	450	+	25 The Firearm Dealer License Certification Act.
	451	+
	452	+
	453	+
	454	+
	455	+
	456	+	HB3641 Enrolled - 13 - LRB103 30390 HLH 56820 b
	457	+
	458	+
	459	+	HB3641 Enrolled- 14 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 14 - LRB103 30390 HLH 56820 b
	460	+	HB3641 Enrolled - 14 - LRB103 30390 HLH 56820 b
	461	+	1 The Intergovernmental Missing Child Recovery Act of
	462	+	2 1984.
	463	+	3 The Intergovernmental Drug Laws Enforcement Act.
	464	+	4 The Narcotic Control Division Abolition Act.
	465	+	5 The Illinois Uniform Conviction Information Act.
	466	+	6 The Murderer and Violent Offender Against Youth
	467	+	7 Registration Act.
	468	+	8 (b) The Illinois State Police shall have the powers and
	469	+	9 duties set forth in the following Sections.
	470	+	10 (c) The Illinois State Police shall exercise the rights,
	471	+	11 powers, and duties vested in the Illinois State Police to
	472	+	12 implement the following protective service functions for State
	473	+	13 facilities, State officials, and State employees serving in
	474	+	14 their official capacity:
	475	+	15 (1) Utilize subject matter expertise and law
	476	+	16 enforcement authority to strengthen the protection of
	477	+	17 State government facilities, State employees, State
	478	+	18 officials, and State critical infrastructure.
	479	+	19 (2) Coordinate State, federal, and local law
	480	+	20 enforcement activities involving the protection of State
	481	+	21 facilities, officials, and employees.
	482	+	22 (3) Conduct investigations of criminal threats to
	483	+	23 State facilities, State critical infrastructure, State
	484	+	24 officials, and State employees.
	485	+	25 (4) Train State officials and employees in personal
	486	+	26 protection, crime prevention, facility occupant emergency
	487	+
	488	+
	489	+
	490	+
	491	+
	492	+	HB3641 Enrolled - 14 - LRB103 30390 HLH 56820 b
	493	+
	494	+
	495	+	HB3641 Enrolled- 15 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 15 - LRB103 30390 HLH 56820 b
	496	+	HB3641 Enrolled - 15 - LRB103 30390 HLH 56820 b
	497	+	1 planning, and incident management.
	498	+	2 (5) Establish standard protocols for prevention and
	499	+	3 response to criminal threats to State facilities, State
	500	+	4 officials, State employees, and State critical
	501	+	5 infrastructure, and standard protocols for reporting of
	502	+	6 suspicious activities.
	503	+	7 (6) Establish minimum operational standards,
	504	+	8 qualifications, training, and compliance requirements for
	505	+	9 State employees and contractors engaged in the protection
	506	+	10 of State facilities and employees.
	507	+	11 (7) At the request of departments or agencies of State
	508	+	12 government, conduct security assessments, including, but
	509	+	13 not limited to, examination of alarm systems, cameras
	510	+	14 systems, access points, personnel readiness, and emergency
	511	+	15 protocols based on risk and need.
	512	+	16 (8) Oversee the planning and implementation of
	513	+	17 security and law enforcement activities necessary for the
	514	+	18 protection of major, multi-jurisdictional events
	515	+	19 implicating potential criminal threats to State officials,
	516	+	20 State employees, or State-owned, State-leased, or
	517	+	21 State-operated critical infrastructure or facilities.
	518	+	22 (9) Oversee and direct the planning and implementation
	519	+	23 of security and law enforcement activities by the
	520	+	24 departments and agencies of the State necessary for the
	521	+	25 protection of State employees, State officials, and
	522	+	26 State-owned, State-leased, or State-operated critical
	523	+
	524	+
	525	+
	526	+
	527	+
	528	+	HB3641 Enrolled - 15 - LRB103 30390 HLH 56820 b
	529	+
	530	+
	531	+	HB3641 Enrolled- 16 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 16 - LRB103 30390 HLH 56820 b
	532	+	HB3641 Enrolled - 16 - LRB103 30390 HLH 56820 b
	533	+	1 infrastructure or facilities from criminal activity.
	534	+	2 (10) Advise the Governor and Homeland Security Advisor
	535	+	3 on any matters necessary for the effective protection of
	536	+	4 State facilities, critical infrastructure, officials, and
	537	+	5 employees from criminal threats.
	538	+	6 (11) Utilize intergovernmental agreements and
	539	+	7 administrative rules as needed for the effective,
	540	+	8 efficient implementation of law enforcement and support
	541	+	9 activities necessary for the protection of State
	542	+	10 facilities, State infrastructure, State employees, and,
	543	+	11 upon the express written consent of State constitutional
	544	+	12 officials, State constitutional officials, and State
	545	+	13 employees.
	546	+	14 (Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24;
	547	+	15 revised 9-25-23.)
	548	+	16 Section 20. The Alternative Protein Innovation Task Force
	549	+	17 Act is amended by changing Sections 15 and 20 as follows:
	550	+	18 (20 ILCS 4128/15)
	551	+	19 Sec. 15. Membership; appointments; meeting.
	552	+	20 (a) The Alternative Protein Innovation Task Force shall
	553	+	21 consist of the following members:
	554	+	22 (1) one member of the Senate, who shall be appointed
	555	+	23 by the President of the Senate and shall serve as co-chair
	556	+	24 of the Task Force;
	557	+
	558	+
	559	+
	560	+
	561	+
	562	+	HB3641 Enrolled - 16 - LRB103 30390 HLH 56820 b
	563	+
	564	+
	565	+	HB3641 Enrolled- 17 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 17 - LRB103 30390 HLH 56820 b
	566	+	HB3641 Enrolled - 17 - LRB103 30390 HLH 56820 b
	567	+	1 (2) one member of the Senate, who shall be appointed
	568	+	2 by the Minority Leader of the Senate;
	569	+	3 (3) one member of the House of Representatives, who
	570	+	4 shall be appointed by the Speaker of the House of
	571	+	5 Representatives and shall serve as co-chair of the Task
	572	+	6 Force;
	573	+	7 (4) one member of the House of Representatives, who
	574	+	8 shall be appointed by the Minority Leader of the House of
	575	+	9 Representatives;
	576	+	10 (5) the Director Secretary of Commerce and Economic
	577	+	11 Opportunity or the Director's Secretary's designee;
	578	+	12 (6) the Director of Agriculture or the Director's
	579	+	13 designee;
	580	+	14 (7) 5 members who are appointed by the Director of
	581	+	15 Agriculture. Of the members appointed by the Director of
	582	+	16 Agriculture, 3 members shall be commercial producers of
	583	+	17 agricultural commodities, of which one member shall be
	584	+	18 from the largest statewide agricultural association; and 2
	585	+	19 members shall be representatives from the University of
	586	+	20 Illinois College of Agricultural, Consumer and
	587	+	21 Environmental Sciences engaged in nutritional research;
	588	+	22 and
	589	+	23 (8) 6 members who are appointed by the Governor. Of
	590	+	24 the members appointed by the Governor, 2 members shall be
	591	+	25 engaged in academic or scientific research on alternative
	592	+	26 protein development at a State college or university; one
	593	+
	594	+
	595	+
	596	+
	597	+
	598	+	HB3641 Enrolled - 17 - LRB103 30390 HLH 56820 b
	599	+
	600	+
	601	+	HB3641 Enrolled- 18 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 18 - LRB103 30390 HLH 56820 b
	602	+	HB3641 Enrolled - 18 - LRB103 30390 HLH 56820 b
	603	+	1 member shall be a representative of a nonprofit
	604	+	2 organization dedicated to the development and
	605	+	3 accessibility of alternative proteins; one member shall be
	606	+	4 a representative of the State's agricultural biotechnology
	607	+	5 industry; one member shall be the president of the
	608	+	6 Illinois Biotechnology Industry Organization or the
	609	+	7 organization's designee; and one member shall be a
	610	+	8 representative from a multinational food processing and
	611	+	9 manufacturing corporation headquartered in this State.
	612	+	10 (b) Members of the Task Force shall not receive
	613	+	11 compensation for their services to the Task Force.
	614	+	12 (c) All appointments shall be made not later than 30 days
	615	+	13 after the effective date of this Act.
	616	+	14 (d) The co-chairs of the Task Force shall schedule no
	617	+	15 fewer than 4 meetings of the Task Force, including not less
	618	+	16 than one public hearing. The co-chairs shall convene the first
	619	+	17 meeting of the Task Force within 60 days after the effective
	620	+	18 date of this Act.
	621	+	19 (e) The Department of Agriculture shall provide
	622	+	20 administrative and other support to the Task Force.
	623	+	21 (Source: P.A. 103-543, eff. 8-11-23; revised 10-19-23.)
	624	+	22 (20 ILCS 4128/20)
	625	+	23 Sec. 20. Report; dissolution of Task Force; repeal of Act.
	626	+	24 (a)The Task Force shall submit a report of its findings
	627	+	25 and recommendations to the General Assembly no later than June
	628	+
	629	+
	630	+
	631	+
	632	+
	633	+	HB3641 Enrolled - 18 - LRB103 30390 HLH 56820 b
	634	+
	635	+
	636	+	HB3641 Enrolled- 19 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 19 - LRB103 30390 HLH 56820 b
	637	+	HB3641 Enrolled - 19 - LRB103 30390 HLH 56820 b
	638	+	1 30, 2024 December 31, 2023.
	639	+	2 (b) The Task Force shall be dissolved on December 31,
	640	+	3 2024.
	641	+	4 (c) This Act is repealed on January 1, 2025.
	642	+	5 (Source: P.A. 103-543, eff. 8-11-23.)
	643	+	6 Section 25. The Illinois Procurement Code is amended by
	644	+	7 changing Section 20-10 as follows:
	645	+	8 (30 ILCS 500/20-10)
	646	+	9 (Text of Section before amendment by P.A. 103-558)
	647	+	10 (Text of Section from P.A. 96-159, 96-588, 97-96, 97-895,
	648	+	11 98-1076, 99-906, 100-43, 101-31, 101-657, and 102-29)
	649	+	12 Sec. 20-10. Competitive sealed bidding; reverse auction.
	650	+	13 (a) Conditions for use. All contracts shall be awarded by
	651	+	14 competitive sealed bidding except as otherwise provided in
	652	+	15 Section 20-5.
	653	+	16 (b) Invitation for bids. An invitation for bids shall be
	654	+	17 issued and shall include a purchase description and the
	655	+	18 material contractual terms and conditions applicable to the
	656	+	19 procurement.
	657	+	20 (c) Public notice. Public notice of the invitation for
	658	+	21 bids shall be published in the Illinois Procurement Bulletin
	659	+	22 at least 14 calendar days before the date set in the invitation
	660	+	23 for the opening of bids.
	661	+	24 (d) Bid opening. Bids shall be opened publicly or through
	662	+
	663	+
	664	+
	665	+
	666	+
	667	+	HB3641 Enrolled - 19 - LRB103 30390 HLH 56820 b
	668	+
	669	+
	670	+	HB3641 Enrolled- 20 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 20 - LRB103 30390 HLH 56820 b
	671	+	HB3641 Enrolled - 20 - LRB103 30390 HLH 56820 b
	672	+	1 an electronic procurement system in the presence of one or
	673	+	2 more witnesses at the time and place designated in the
	674	+	3 invitation for bids. The name of each bidder, including earned
	675	+	4 and applied bid credit from the Illinois Works Jobs Program
	676	+	5 Act, the amount of each bid, and other relevant information as
	677	+	6 may be specified by rule shall be recorded. After the award of
	678	+	7 the contract, the winning bid and the record of each
	679	+	8 unsuccessful bid shall be open to public inspection.
	680	+	9 (e) Bid acceptance and bid evaluation. Bids shall be
	681	+	10 unconditionally accepted without alteration or correction,
	682	+	11 except as authorized in this Code. Bids shall be evaluated
	683	+	12 based on the requirements set forth in the invitation for
	684	+	13 bids, which may include criteria to determine acceptability
	685	+	14 such as inspection, testing, quality, workmanship, delivery,
	686	+	15 and suitability for a particular purpose. Those criteria that
	687	+	16 will affect the bid price and be considered in evaluation for
	688	+	17 award, such as discounts, transportation costs, and total or
	689	+	18 life cycle costs, shall be objectively measurable. The
	690	+	19 invitation for bids shall set forth the evaluation criteria to
	691	+	20 be used.
	692	+	21 (f) Correction or withdrawal of bids. Correction or
	693	+	22 withdrawal of inadvertently erroneous bids before or after
	694	+	23 award, or cancellation of awards of contracts based on bid
	695	+	24 mistakes, shall be permitted in accordance with rules. After
	696	+	25 bid opening, no changes in bid prices or other provisions of
	697	+	26 bids prejudicial to the interest of the State or fair
	698	+
	699	+
	700	+
	701	+
	702	+
	703	+	HB3641 Enrolled - 20 - LRB103 30390 HLH 56820 b
	704	+
	705	+
	706	+	HB3641 Enrolled- 21 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 21 - LRB103 30390 HLH 56820 b
	707	+	HB3641 Enrolled - 21 - LRB103 30390 HLH 56820 b
	708	+	1 competition shall be permitted. All decisions to permit the
	709	+	2 correction or withdrawal of bids based on bid mistakes shall
	710	+	3 be supported by written determination made by a State
	711	+	4 purchasing officer.
	712	+	5 (g) Award. The contract shall be awarded with reasonable
	713	+	6 promptness by written notice to the lowest responsible and
	714	+	7 responsive bidder whose bid meets the requirements and
	715	+	8 criteria set forth in the invitation for bids, except when a
	716	+	9 State purchasing officer determines it is not in the best
	717	+	10 interest of the State and by written explanation determines
	718	+	11 another bidder shall receive the award. The explanation shall
	719	+	12 appear in the appropriate volume of the Illinois Procurement
	720	+	13 Bulletin. The written explanation must include:
	721	+	14 (1) a description of the agency's needs;
	722	+	15 (2) a determination that the anticipated cost will be
	723	+	16 fair and reasonable;
	724	+	17 (3) a listing of all responsible and responsive
	725	+	18 bidders; and
	726	+	19 (4) the name of the bidder selected, the total
	727	+	20 contract price, and the reasons for selecting that bidder.
	728	+	21 Each chief procurement officer may adopt guidelines to
	729	+	22 implement the requirements of this subsection (g).
	730	+	23 The written explanation shall be filed with the
	731	+	24 Legislative Audit Commission, and the Commission on Equity and
	732	+	25 Inclusion, and the Procurement Policy Board, and be made
	733	+	26 available for inspection by the public, within 14 calendar
	734	+
	735	+
	736	+
	737	+
	738	+
	739	+	HB3641 Enrolled - 21 - LRB103 30390 HLH 56820 b
	740	+
	741	+
	742	+	HB3641 Enrolled- 22 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 22 - LRB103 30390 HLH 56820 b
	743	+	HB3641 Enrolled - 22 - LRB103 30390 HLH 56820 b
	744	+	1 days after the agency's decision to award the contract.
	745	+	2 (h) Multi-step sealed bidding. When it is considered
	746	+	3 impracticable to initially prepare a purchase description to
	747	+	4 support an award based on price, an invitation for bids may be
	748	+	5 issued requesting the submission of unpriced offers to be
	749	+	6 followed by an invitation for bids limited to those bidders
	750	+	7 whose offers have been qualified under the criteria set forth
	751	+	8 in the first solicitation.
	752	+	9 (i) Alternative procedures. Notwithstanding any other
	753	+	10 provision of this Act to the contrary, the Director of the
	754	+	11 Illinois Power Agency may create alternative bidding
	755	+	12 procedures to be used in procuring professional services under
	756	+	13 Section 1-56, subsections (a) and (c) of Section 1-75 and
	757	+	14 subsection (d) of Section 1-78 of the Illinois Power Agency
	758	+	15 Act and Section 16-111.5(c) of the Public Utilities Act and to
	759	+	16 procure renewable energy resources under Section 1-56 of the
	760	+	17 Illinois Power Agency Act. These alternative procedures shall
	761	+	18 be set forth together with the other criteria contained in the
	762	+	19 invitation for bids, and shall appear in the appropriate
	763	+	20 volume of the Illinois Procurement Bulletin.
	764	+	21 (j) Reverse auction. Notwithstanding any other provision
	765	+	22 of this Section and in accordance with rules adopted by the
	766	+	23 chief procurement officer, that chief procurement officer may
	767	+	24 procure supplies or services through a competitive electronic
	768	+	25 auction bidding process after the chief procurement officer
	769	+	26 determines that the use of such a process will be in the best
	770	+
	771	+
	772	+
	773	+
	774	+
	775	+	HB3641 Enrolled - 22 - LRB103 30390 HLH 56820 b
	776	+
	777	+
	778	+	HB3641 Enrolled- 23 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 23 - LRB103 30390 HLH 56820 b
	779	+	HB3641 Enrolled - 23 - LRB103 30390 HLH 56820 b
	780	+	1 interest of the State. The chief procurement officer shall
	781	+	2 publish that determination in his or her next volume of the
	782	+	3 Illinois Procurement Bulletin.
	783	+	4 An invitation for bids shall be issued and shall include
	784	+	5 (i) a procurement description, (ii) all contractual terms,
	785	+	6 whenever practical, and (iii) conditions applicable to the
	786	+	7 procurement, including a notice that bids will be received in
	787	+	8 an electronic auction manner.
	788	+	9 Public notice of the invitation for bids shall be given in
	789	+	10 the same manner as provided in subsection (c).
	790	+	11 Bids shall be accepted electronically at the time and in
	791	+	12 the manner designated in the invitation for bids. During the
	792	+	13 auction, a bidder's price shall be disclosed to other bidders.
	793	+	14 Bidders shall have the opportunity to reduce their bid prices
	794	+	15 during the auction. At the conclusion of the auction, the
	795	+	16 record of the bid prices received and the name of each bidder
	796	+	17 shall be open to public inspection.
	797	+	18 After the auction period has terminated, withdrawal of
	798	+	19 bids shall be permitted as provided in subsection (f).
	799	+	20 The contract shall be awarded within 60 calendar days
	800	+	21 after the auction by written notice to the lowest responsible
	801	+	22 bidder, or all bids shall be rejected except as otherwise
	802	+	23 provided in this Code. Extensions of the date for the award may
	803	+	24 be made by mutual written consent of the State purchasing
	804	+	25 officer and the lowest responsible bidder.
	805	+	26 This subsection does not apply to (i) procurements of
	806	+
	807	+
	808	+
	809	+
	810	+
	811	+	HB3641 Enrolled - 23 - LRB103 30390 HLH 56820 b
	812	+
	813	+
	814	+	HB3641 Enrolled- 24 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 24 - LRB103 30390 HLH 56820 b
	815	+	HB3641 Enrolled - 24 - LRB103 30390 HLH 56820 b
	816	+	1 professional and artistic services, (ii) telecommunications
	817	+	2 services, communication services, and information services,
	818	+	3 and (iii) contracts for construction projects, including
	819	+	4 design professional services.
	820	+	5 (Source: P.A. 101-31, eff. 6-28-19; 101-657, eff. 1-1-22;
	821	+	6 102-29, eff. 6-25-21.)
	822	+	7 (Text of Section from P.A. 96-159, 96-795, 97-96, 97-895,
	823	+	8 98-1076, 99-906, 100-43, 101-31, 101-657, and 102-29)
	824	+	9 Sec. 20-10. Competitive sealed bidding; reverse auction.
	825	+	10 (a) Conditions for use. All contracts shall be awarded by
	826	+	11 competitive sealed bidding except as otherwise provided in
	827	+	12 Section 20-5.
	828	+	13 (b) Invitation for bids. An invitation for bids shall be
	829	+	14 issued and shall include a purchase description and the
	830	+	15 material contractual terms and conditions applicable to the
	831	+	16 procurement.
	832	+	17 (c) Public notice. Public notice of the invitation for
	833	+	18 bids shall be published in the Illinois Procurement Bulletin
	834	+	19 at least 14 calendar days before the date set in the invitation
	835	+	20 for the opening of bids.
	836	+	21 (d) Bid opening. Bids shall be opened publicly or through
	837	+	22 an electronic procurement system in the presence of one or
	838	+	23 more witnesses at the time and place designated in the
	839	+	24 invitation for bids. The name of each bidder, including earned
	840	+	25 and applied bid credit from the Illinois Works Jobs Program
	841	+
	842	+
	843	+
	844	+
	845	+
	846	+	HB3641 Enrolled - 24 - LRB103 30390 HLH 56820 b
	847	+
	848	+
	849	+	HB3641 Enrolled- 25 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 25 - LRB103 30390 HLH 56820 b
	850	+	HB3641 Enrolled - 25 - LRB103 30390 HLH 56820 b
	851	+	1 Act, the amount of each bid, and other relevant information as
	852	+	2 may be specified by rule shall be recorded. After the award of
	853	+	3 the contract, the winning bid and the record of each
	854	+	4 unsuccessful bid shall be open to public inspection.
	855	+	5 (e) Bid acceptance and bid evaluation. Bids shall be
	856	+	6 unconditionally accepted without alteration or correction,
	857	+	7 except as authorized in this Code. Bids shall be evaluated
	858	+	8 based on the requirements set forth in the invitation for
	859	+	9 bids, which may include criteria to determine acceptability
	860	+	10 such as inspection, testing, quality, workmanship, delivery,
	861	+	11 and suitability for a particular purpose. Those criteria that
	862	+	12 will affect the bid price and be considered in evaluation for
	863	+	13 award, such as discounts, transportation costs, and total or
	864	+	14 life cycle costs, shall be objectively measurable. The
	865	+	15 invitation for bids shall set forth the evaluation criteria to
	866	+	16 be used.
	867	+	17 (f) Correction or withdrawal of bids. Correction or
	868	+	18 withdrawal of inadvertently erroneous bids before or after
	869	+	19 award, or cancellation of awards of contracts based on bid
	870	+	20 mistakes, shall be permitted in accordance with rules. After
	871	+	21 bid opening, no changes in bid prices or other provisions of
	872	+	22 bids prejudicial to the interest of the State or fair
	873	+	23 competition shall be permitted. All decisions to permit the
	874	+	24 correction or withdrawal of bids based on bid mistakes shall
	875	+	25 be supported by written determination made by a State
	876	+	26 purchasing officer.
	877	+
	878	+
	879	+
	880	+
	881	+
	882	+	HB3641 Enrolled - 25 - LRB103 30390 HLH 56820 b
	883	+
	884	+
	885	+	HB3641 Enrolled- 26 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 26 - LRB103 30390 HLH 56820 b
	886	+	HB3641 Enrolled - 26 - LRB103 30390 HLH 56820 b
	887	+	1 (g) Award. The contract shall be awarded with reasonable
	888	+	2 promptness by written notice to the lowest responsible and
	889	+	3 responsive bidder whose bid meets the requirements and
	890	+	4 criteria set forth in the invitation for bids, except when a
	891	+	5 State purchasing officer determines it is not in the best
	892	+	6 interest of the State and by written explanation determines
	893	+	7 another bidder shall receive the award. The explanation shall
	894	+	8 appear in the appropriate volume of the Illinois Procurement
	895	+	9 Bulletin. The written explanation must include:
	896	+	10 (1) a description of the agency's needs;
	897	+	11 (2) a determination that the anticipated cost will be
	898	+	12 fair and reasonable;
	899	+	13 (3) a listing of all responsible and responsive
	900	+	14 bidders; and
	901	+	15 (4) the name of the bidder selected, the total
	902	+	16 contract price, and the reasons for selecting that bidder.
	903	+	17 Each chief procurement officer may adopt guidelines to
	904	+	18 implement the requirements of this subsection (g).
	905	+	19 The written explanation shall be filed with the
	906	+	20 Legislative Audit Commission, and the Commission on Equity and
	907	+	21 Inclusion, and the Procurement Policy Board, and be made
	908	+	22 available for inspection by the public, within 14 days after
	909	+	23 the agency's decision to award the contract.
	910	+	24 (h) Multi-step sealed bidding. When it is considered
	911	+	25 impracticable to initially prepare a purchase description to
	912	+	26 support an award based on price, an invitation for bids may be
	913	+
	914	+
	915	+
	916	+
	917	+
	918	+	HB3641 Enrolled - 26 - LRB103 30390 HLH 56820 b
	919	+
	920	+
	921	+	HB3641 Enrolled- 27 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 27 - LRB103 30390 HLH 56820 b
	922	+	HB3641 Enrolled - 27 - LRB103 30390 HLH 56820 b
	923	+	1 issued requesting the submission of unpriced offers to be
	924	+	2 followed by an invitation for bids limited to those bidders
	925	+	3 whose offers have been qualified under the criteria set forth
	926	+	4 in the first solicitation.
	927	+	5 (i) Alternative procedures. Notwithstanding any other
	928	+	6 provision of this Act to the contrary, the Director of the
	929	+	7 Illinois Power Agency may create alternative bidding
	930	+	8 procedures to be used in procuring professional services under
	931	+	9 subsections (a) and (c) of Section 1-75 and subsection (d) of
	932	+	10 Section 1-78 of the Illinois Power Agency Act and Section
	933	+	11 16-111.5(c) of the Public Utilities Act and to procure
	934	+	12 renewable energy resources under Section 1-56 of the Illinois
	935	+	13 Power Agency Act. These alternative procedures shall be set
	936	+	14 forth together with the other criteria contained in the
	937	+	15 invitation for bids, and shall appear in the appropriate
	938	+	16 volume of the Illinois Procurement Bulletin.
	939	+	17 (j) Reverse auction. Notwithstanding any other provision
	940	+	18 of this Section and in accordance with rules adopted by the
	941	+	19 chief procurement officer, that chief procurement officer may
	942	+	20 procure supplies or services through a competitive electronic
	943	+	21 auction bidding process after the chief procurement officer
	944	+	22 determines that the use of such a process will be in the best
	945	+	23 interest of the State. The chief procurement officer shall
	946	+	24 publish that determination in his or her next volume of the
	947	+	25 Illinois Procurement Bulletin.
	948	+	26 An invitation for bids shall be issued and shall include
	949	+
	950	+
	951	+
	952	+
	953	+
	954	+	HB3641 Enrolled - 27 - LRB103 30390 HLH 56820 b
	955	+
	956	+
	957	+	HB3641 Enrolled- 28 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 28 - LRB103 30390 HLH 56820 b
	958	+	HB3641 Enrolled - 28 - LRB103 30390 HLH 56820 b
	959	+	1 (i) a procurement description, (ii) all contractual terms,
	960	+	2 whenever practical, and (iii) conditions applicable to the
	961	+	3 procurement, including a notice that bids will be received in
	962	+	4 an electronic auction manner.
	963	+	5 Public notice of the invitation for bids shall be given in
	964	+	6 the same manner as provided in subsection (c).
	965	+	7 Bids shall be accepted electronically at the time and in
	966	+	8 the manner designated in the invitation for bids. During the
	967	+	9 auction, a bidder's price shall be disclosed to other bidders.
	968	+	10 Bidders shall have the opportunity to reduce their bid prices
	969	+	11 during the auction. At the conclusion of the auction, the
	970	+	12 record of the bid prices received and the name of each bidder
	971	+	13 shall be open to public inspection.
	972	+	14 After the auction period has terminated, withdrawal of
	973	+	15 bids shall be permitted as provided in subsection (f).
	974	+	16 The contract shall be awarded within 60 calendar days
	975	+	17 after the auction by written notice to the lowest responsible
	976	+	18 bidder, or all bids shall be rejected except as otherwise
	977	+	19 provided in this Code. Extensions of the date for the award may
	978	+	20 be made by mutual written consent of the State purchasing
	979	+	21 officer and the lowest responsible bidder.
	980	+	22 This subsection does not apply to (i) procurements of
	981	+	23 professional and artistic services, (ii) telecommunications
	982	+	24 services, communication services, and information services,
	983	+	25 and (iii) contracts for construction projects, including
	984	+	26 design professional services.
	985	+
	986	+
	987	+
	988	+
	989	+
	990	+	HB3641 Enrolled - 28 - LRB103 30390 HLH 56820 b
	991	+
	992	+
	993	+	HB3641 Enrolled- 29 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 29 - LRB103 30390 HLH 56820 b
	994	+	HB3641 Enrolled - 29 - LRB103 30390 HLH 56820 b
	995	+	1 (Source: P.A. 101-31, eff. 6-28-19; 101-657, eff. 1-1-22;
	996	+	2 102-29, eff. 6-25-21.)
	997	+	3 (Text of Section after amendment by P.A. 103-558)
	998	+	4 (Text of Section from P.A. 96-159, 96-588, 97-96, 97-895,
	999	+	5 98-1076, 99-906, 100-43, 101-31, 101-657, 102-29, and 103-558)
	1000	+	6 Sec. 20-10. Competitive sealed bidding; reverse auction.
	1001	+	7 (a) Conditions for use. All contracts shall be awarded by
	1002	+	8 competitive sealed bidding except as otherwise provided in
	1003	+	9 Section 20-5.
	1004	+	10 (b) Invitation for bids. An invitation for bids shall be
	1005	+	11 issued and shall include a purchase description and the
	1006	+	12 material contractual terms and conditions applicable to the
	1007	+	13 procurement.
	1008	+	14 (c) Public notice. Public notice of the invitation for
	1009	+	15 bids shall be published in the Illinois Procurement Bulletin
	1010	+	16 at least 14 calendar days before the date set in the invitation
	1011	+	17 for the opening of bids.
	1012	+	18 (d) Bid opening. Bids shall be opened publicly or through
	1013	+	19 an electronic procurement system in the presence of one or
	1014	+	20 more witnesses at the time and place designated in the
	1015	+	21 invitation for bids. The name of each bidder, including earned
	1016	+	22 and applied bid credit from the Illinois Works Jobs Program
	1017	+	23 Act, the amount of each bid, and other relevant information as
	1018	+	24 may be specified by rule shall be recorded. After the award of
	1019	+	25 the contract, the winning bid and the record of each
	1020	+
	1021	+
	1022	+
	1023	+
	1024	+
	1025	+	HB3641 Enrolled - 29 - LRB103 30390 HLH 56820 b
	1026	+
	1027	+
	1028	+	HB3641 Enrolled- 30 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 30 - LRB103 30390 HLH 56820 b
	1029	+	HB3641 Enrolled - 30 - LRB103 30390 HLH 56820 b
	1030	+	1 unsuccessful bid shall be open to public inspection.
	1031	+	2 (e) Bid acceptance and bid evaluation. Bids shall be
	1032	+	3 unconditionally accepted without alteration or correction,
	1033	+	4 except as authorized in this Code. Bids shall be evaluated
	1034	+	5 based on the requirements set forth in the invitation for
	1035	+	6 bids, which may include criteria to determine acceptability
	1036	+	7 such as inspection, testing, quality, workmanship, delivery,
	1037	+	8 and suitability for a particular purpose. Those criteria that
	1038	+	9 will affect the bid price and be considered in evaluation for
	1039	+	10 award, such as discounts, transportation costs, and total or
	1040	+	11 life cycle costs, shall be objectively measurable. The
	1041	+	12 invitation for bids shall set forth the evaluation criteria to
	1042	+	13 be used.
	1043	+	14 (f) Correction or withdrawal of bids. Correction or
	1044	+	15 withdrawal of inadvertently erroneous bids before or after
	1045	+	16 award, or cancellation of awards of contracts based on bid
	1046	+	17 mistakes, shall be permitted in accordance with rules. After
	1047	+	18 bid opening, no changes in bid prices or other provisions of
	1048	+	19 bids prejudicial to the interest of the State or fair
	1049	+	20 competition shall be permitted. All decisions to permit the
	1050	+	21 correction or withdrawal of bids based on bid mistakes shall
	1051	+	22 be supported by written determination made by a State
	1052	+	23 purchasing officer.
	1053	+	24 (g) Award. The contract shall be awarded with reasonable
	1054	+	25 promptness by written notice to the lowest responsible and
	1055	+	26 responsive bidder whose bid meets the requirements and
	1056	+
	1057	+
	1058	+
	1059	+
	1060	+
	1061	+	HB3641 Enrolled - 30 - LRB103 30390 HLH 56820 b
	1062	+
	1063	+
	1064	+	HB3641 Enrolled- 31 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 31 - LRB103 30390 HLH 56820 b
	1065	+	HB3641 Enrolled - 31 - LRB103 30390 HLH 56820 b
	1066	+	1 criteria set forth in the invitation for bids, except when a
	1067	+	2 State purchasing officer determines it is not in the best
	1068	+	3 interest of the State and by written explanation determines
	1069	+	4 another bidder shall receive the award. The explanation shall
	1070	+	5 appear in the appropriate volume of the Illinois Procurement
	1071	+	6 Bulletin. The written explanation must include:
	1072	+	7 (1) a description of the agency's needs;
	1073	+	8 (2) a determination that the anticipated cost will be
	1074	+	9 fair and reasonable;
	1075	+	10 (3) a listing of all responsible and responsive
	1076	+	11 bidders; and
	1077	+	12 (4) the name of the bidder selected, the total
	1078	+	13 contract price, and the reasons for selecting that bidder.
	1079	+	14 Each chief procurement officer may adopt guidelines to
	1080	+	15 implement the requirements of this subsection (g).
	1081	+	16 The written explanation shall be filed with the
	1082	+	17 Legislative Audit Commission, and the Commission on Equity and
	1083	+	18 Inclusion, and the Procurement Policy Board, and be made
	1084	+	19 available for inspection by the public, within 14 calendar
	1085	+	20 days after the agency's decision to award the contract.
	1086	+	21 (g-5) Failed bid notice. In addition to the requirements
	1087	+	22 of subsection (g), if a bidder has failed to be awarded a
	1088	+	23 contract after 4 consecutive bids to provide the same services
	1089	+	24 to the Department of Transportation, the Capital Development
	1090	+	25 Board, or the Illinois State Toll Highway Authority, the
	1091	+	26 applicable agency shall, in writing, detail why each of the 4
	1092	+
	1093	+
	1094	+
	1095	+
	1096	+
	1097	+	HB3641 Enrolled - 31 - LRB103 30390 HLH 56820 b
	1098	+
	1099	+
	1100	+	HB3641 Enrolled- 32 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 32 - LRB103 30390 HLH 56820 b
	1101	+	HB3641 Enrolled - 32 - LRB103 30390 HLH 56820 b
	1102	+	1 bids was not awarded to the bidder. The applicable agency
	1103	+	2 shall submit by certified copy to the bidder the reason or
	1104	+	3 reasons why each of the 4 bids was not awarded to the bidder.
	1105	+	4 The agency shall submit that certified copy to the bidder
	1106	+	5 within the same calendar quarter in which the fourth bid was
	1107	+	6 rejected. This subsection does not apply if information
	1108	+	7 pertaining to a failed bid was previously disclosed to a
	1109	+	8 bidder by electronic means. If any agency chooses to provide
	1110	+	9 information by electronic means, the agency shall have a
	1111	+	10 written policy outlining how the agency will reasonably ensure
	1112	+	11 the bidder receives the information. For the purposes of this
	1113	+	12 subsection, "electronic means" means an email communication
	1114	+	13 from the applicable agency to the bidder or a public posting on
	1115	+	14 the applicable agency's procurement bulletin.
	1116	+	15 (h) Multi-step sealed bidding. When it is considered
	1117	+	16 impracticable to initially prepare a purchase description to
	1118	+	17 support an award based on price, an invitation for bids may be
	1119	+	18 issued requesting the submission of unpriced offers to be
	1120	+	19 followed by an invitation for bids limited to those bidders
	1121	+	20 whose offers have been qualified under the criteria set forth
	1122	+	21 in the first solicitation.
	1123	+	22 (i) Alternative procedures. Notwithstanding any other
	1124	+	23 provision of this Act to the contrary, the Director of the
	1125	+	24 Illinois Power Agency may create alternative bidding
	1126	+	25 procedures to be used in procuring professional services under
	1127	+	26 Section 1-56, subsections (a) and (c) of Section 1-75 and
	1128	+
	1129	+
	1130	+
	1131	+
	1132	+
	1133	+	HB3641 Enrolled - 32 - LRB103 30390 HLH 56820 b
	1134	+
	1135	+
	1136	+	HB3641 Enrolled- 33 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 33 - LRB103 30390 HLH 56820 b
	1137	+	HB3641 Enrolled - 33 - LRB103 30390 HLH 56820 b
	1138	+	1 subsection (d) of Section 1-78 of the Illinois Power Agency
	1139	+	2 Act and Section 16-111.5(c) of the Public Utilities Act and to
	1140	+	3 procure renewable energy resources under Section 1-56 of the
	1141	+	4 Illinois Power Agency Act. These alternative procedures shall
	1142	+	5 be set forth together with the other criteria contained in the
	1143	+	6 invitation for bids, and shall appear in the appropriate
	1144	+	7 volume of the Illinois Procurement Bulletin.
	1145	+	8 (j) Reverse auction. Notwithstanding any other provision
	1146	+	9 of this Section and in accordance with rules adopted by the
	1147	+	10 chief procurement officer, that chief procurement officer may
	1148	+	11 procure supplies or services through a competitive electronic
	1149	+	12 auction bidding process after the chief procurement officer
	1150	+	13 determines that the use of such a process will be in the best
	1151	+	14 interest of the State. The chief procurement officer shall
	1152	+	15 publish that determination in his or her next volume of the
	1153	+	16 Illinois Procurement Bulletin.
	1154	+	17 An invitation for bids shall be issued and shall include
	1155	+	18 (i) a procurement description, (ii) all contractual terms,
	1156	+	19 whenever practical, and (iii) conditions applicable to the
	1157	+	20 procurement, including a notice that bids will be received in
	1158	+	21 an electronic auction manner.
	1159	+	22 Public notice of the invitation for bids shall be given in
	1160	+	23 the same manner as provided in subsection (c).
	1161	+	24 Bids shall be accepted electronically at the time and in
	1162	+	25 the manner designated in the invitation for bids. During the
	1163	+	26 auction, a bidder's price shall be disclosed to other bidders.
	1164	+
	1165	+
	1166	+
	1167	+
	1168	+
	1169	+	HB3641 Enrolled - 33 - LRB103 30390 HLH 56820 b
	1170	+
	1171	+
	1172	+	HB3641 Enrolled- 34 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 34 - LRB103 30390 HLH 56820 b
	1173	+	HB3641 Enrolled - 34 - LRB103 30390 HLH 56820 b
	1174	+	1 Bidders shall have the opportunity to reduce their bid prices
	1175	+	2 during the auction. At the conclusion of the auction, the
	1176	+	3 record of the bid prices received and the name of each bidder
	1177	+	4 shall be open to public inspection.
	1178	+	5 After the auction period has terminated, withdrawal of
	1179	+	6 bids shall be permitted as provided in subsection (f).
	1180	+	7 The contract shall be awarded within 60 calendar days
	1181	+	8 after the auction by written notice to the lowest responsible
	1182	+	9 bidder, or all bids shall be rejected except as otherwise
	1183	+	10 provided in this Code. Extensions of the date for the award may
	1184	+	11 be made by mutual written consent of the State purchasing
	1185	+	12 officer and the lowest responsible bidder.
	1186	+	13 This subsection does not apply to (i) procurements of
	1187	+	14 professional and artistic services, (ii) telecommunications
	1188	+	15 services, communication services, and information services,
	1189	+	16 and (iii) contracts for construction projects, including
	1190	+	17 design professional services.
	1191	+	18 (Source: P.A. 102-29, eff. 6-25-21; 103-558, eff. 1-1-24.)
	1192	+	19 (Text of Section from P.A. 96-159, 96-795, 97-96, 97-895,
	1193	+	20 98-1076, 99-906, 100-43, 101-31, 101-657, 102-29, and 103-558)
	1194	+	21 Sec. 20-10. Competitive sealed bidding; reverse auction.
	1195	+	22 (a) Conditions for use. All contracts shall be awarded by
	1196	+	23 competitive sealed bidding except as otherwise provided in
	1197	+	24 Section 20-5.
	1198	+	25 (b) Invitation for bids. An invitation for bids shall be
	1199	+
	1200	+
	1201	+
	1202	+
	1203	+
	1204	+	HB3641 Enrolled - 34 - LRB103 30390 HLH 56820 b
	1205	+
	1206	+
	1207	+	HB3641 Enrolled- 35 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 35 - LRB103 30390 HLH 56820 b
	1208	+	HB3641 Enrolled - 35 - LRB103 30390 HLH 56820 b
	1209	+	1 issued and shall include a purchase description and the
	1210	+	2 material contractual terms and conditions applicable to the
	1211	+	3 procurement.
	1212	+	4 (c) Public notice. Public notice of the invitation for
	1213	+	5 bids shall be published in the Illinois Procurement Bulletin
	1214	+	6 at least 14 calendar days before the date set in the invitation
	1215	+	7 for the opening of bids.
	1216	+	8 (d) Bid opening. Bids shall be opened publicly or through
	1217	+	9 an electronic procurement system in the presence of one or
	1218	+	10 more witnesses at the time and place designated in the
	1219	+	11 invitation for bids. The name of each bidder, including earned
	1220	+	12 and applied bid credit from the Illinois Works Jobs Program
	1221	+	13 Act, the amount of each bid, and other relevant information as
	1222	+	14 may be specified by rule shall be recorded. After the award of
	1223	+	15 the contract, the winning bid and the record of each
	1224	+	16 unsuccessful bid shall be open to public inspection.
	1225	+	17 (e) Bid acceptance and bid evaluation. Bids shall be
	1226	+	18 unconditionally accepted without alteration or correction,
	1227	+	19 except as authorized in this Code. Bids shall be evaluated
	1228	+	20 based on the requirements set forth in the invitation for
	1229	+	21 bids, which may include criteria to determine acceptability
	1230	+	22 such as inspection, testing, quality, workmanship, delivery,
	1231	+	23 and suitability for a particular purpose. Those criteria that
	1232	+	24 will affect the bid price and be considered in evaluation for
	1233	+	25 award, such as discounts, transportation costs, and total or
	1234	+	26 life cycle costs, shall be objectively measurable. The
	1235	+
	1236	+
	1237	+
	1238	+
	1239	+
	1240	+	HB3641 Enrolled - 35 - LRB103 30390 HLH 56820 b
	1241	+
	1242	+
	1243	+	HB3641 Enrolled- 36 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 36 - LRB103 30390 HLH 56820 b
	1244	+	HB3641 Enrolled - 36 - LRB103 30390 HLH 56820 b
	1245	+	1 invitation for bids shall set forth the evaluation criteria to
	1246	+	2 be used.
	1247	+	3 (f) Correction or withdrawal of bids. Correction or
	1248	+	4 withdrawal of inadvertently erroneous bids before or after
	1249	+	5 award, or cancellation of awards of contracts based on bid
	1250	+	6 mistakes, shall be permitted in accordance with rules. After
	1251	+	7 bid opening, no changes in bid prices or other provisions of
	1252	+	8 bids prejudicial to the interest of the State or fair
	1253	+	9 competition shall be permitted. All decisions to permit the
	1254	+	10 correction or withdrawal of bids based on bid mistakes shall
	1255	+	11 be supported by written determination made by a State
	1256	+	12 purchasing officer.
	1257	+	13 (g) Award. The contract shall be awarded with reasonable
	1258	+	14 promptness by written notice to the lowest responsible and
	1259	+	15 responsive bidder whose bid meets the requirements and
	1260	+	16 criteria set forth in the invitation for bids, except when a
	1261	+	17 State purchasing officer determines it is not in the best
	1262	+	18 interest of the State and by written explanation determines
	1263	+	19 another bidder shall receive the award. The explanation shall
	1264	+	20 appear in the appropriate volume of the Illinois Procurement
	1265	+	21 Bulletin. The written explanation must include:
	1266	+	22 (1) a description of the agency's needs;
	1267	+	23 (2) a determination that the anticipated cost will be
	1268	+	24 fair and reasonable;
	1269	+	25 (3) a listing of all responsible and responsive
	1270	+	26 bidders; and
	1271	+
	1272	+
	1273	+
	1274	+
	1275	+
	1276	+	HB3641 Enrolled - 36 - LRB103 30390 HLH 56820 b
	1277	+
	1278	+
	1279	+	HB3641 Enrolled- 37 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 37 - LRB103 30390 HLH 56820 b
	1280	+	HB3641 Enrolled - 37 - LRB103 30390 HLH 56820 b
	1281	+	1 (4) the name of the bidder selected, the total
	1282	+	2 contract price, and the reasons for selecting that bidder.
	1283	+	3 Each chief procurement officer may adopt guidelines to
	1284	+	4 implement the requirements of this subsection (g).
	1285	+	5 The written explanation shall be filed with the
	1286	+	6 Legislative Audit Commission, and the Commission on Equity and
	1287	+	7 Inclusion, and the Procurement Policy Board, and be made
	1288	+	8 available for inspection by the public, within 14 days after
	1289	+	9 the agency's decision to award the contract.
	1290	+	10 (g-5) Failed bid notice. In addition to the requirements
	1291	+	11 of subsection (g), if a bidder has failed to be awarded a
	1292	+	12 contract after 4 consecutive bids to provide the same services
	1293	+	13 to the Department of Transportation, the Capital Development
	1294	+	14 Board, or the Illinois State Toll Highway Authority, the
	1295	+	15 applicable agency shall, in writing, detail why each of the 4
	1296	+	16 bids was not awarded to the bidder. The applicable agency
	1297	+	17 shall submit by certified copy to the bidder the reason or
	1298	+	18 reasons why each of the 4 bids was not awarded to the bidder.
	1299	+	19 The agency shall submit that certified copy to the bidder
	1300	+	20 within the same calendar quarter in which the fourth bid was
	1301	+	21 rejected. This subsection does not apply if information
	1302	+	22 pertaining to a failed bid was previously disclosed to a
	1303	+	23 bidder by electronic means. If any agency chooses to provide
	1304	+	24 information by electronic means, the agency shall have a
	1305	+	25 written policy outlining how the agency will reasonably ensure
	1306	+	26 the bidder receives the information. For the purposes of this
	1307	+
	1308	+
	1309	+
	1310	+
	1311	+
	1312	+	HB3641 Enrolled - 37 - LRB103 30390 HLH 56820 b
	1313	+
	1314	+
	1315	+	HB3641 Enrolled- 38 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 38 - LRB103 30390 HLH 56820 b
	1316	+	HB3641 Enrolled - 38 - LRB103 30390 HLH 56820 b
	1317	+	1 subsection, "electronic means" means an email communication
	1318	+	2 from the applicable agency to the bidder or a public posting on
	1319	+	3 the applicable agency's procurement bulletin.
	1320	+	4 (h) Multi-step sealed bidding. When it is considered
	1321	+	5 impracticable to initially prepare a purchase description to
	1322	+	6 support an award based on price, an invitation for bids may be
	1323	+	7 issued requesting the submission of unpriced offers to be
	1324	+	8 followed by an invitation for bids limited to those bidders
	1325	+	9 whose offers have been qualified under the criteria set forth
	1326	+	10 in the first solicitation.
	1327	+	11 (i) Alternative procedures. Notwithstanding any other
	1328	+	12 provision of this Act to the contrary, the Director of the
	1329	+	13 Illinois Power Agency may create alternative bidding
	1330	+	14 procedures to be used in procuring professional services under
	1331	+	15 subsections (a) and (c) of Section 1-75 and subsection (d) of
	1332	+	16 Section 1-78 of the Illinois Power Agency Act and Section
	1333	+	17 16-111.5(c) of the Public Utilities Act and to procure
	1334	+	18 renewable energy resources under Section 1-56 of the Illinois
	1335	+	19 Power Agency Act. These alternative procedures shall be set
	1336	+	20 forth together with the other criteria contained in the
	1337	+	21 invitation for bids, and shall appear in the appropriate
	1338	+	22 volume of the Illinois Procurement Bulletin.
	1339	+	23 (j) Reverse auction. Notwithstanding any other provision
	1340	+	24 of this Section and in accordance with rules adopted by the
	1341	+	25 chief procurement officer, that chief procurement officer may
	1342	+	26 procure supplies or services through a competitive electronic
	1343	+
	1344	+
	1345	+
	1346	+
	1347	+
	1348	+	HB3641 Enrolled - 38 - LRB103 30390 HLH 56820 b
	1349	+
	1350	+
	1351	+	HB3641 Enrolled- 39 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 39 - LRB103 30390 HLH 56820 b
	1352	+	HB3641 Enrolled - 39 - LRB103 30390 HLH 56820 b
	1353	+	1 auction bidding process after the chief procurement officer
	1354	+	2 determines that the use of such a process will be in the best
	1355	+	3 interest of the State. The chief procurement officer shall
	1356	+	4 publish that determination in his or her next volume of the
	1357	+	5 Illinois Procurement Bulletin.
	1358	+	6 An invitation for bids shall be issued and shall include
	1359	+	7 (i) a procurement description, (ii) all contractual terms,
	1360	+	8 whenever practical, and (iii) conditions applicable to the
	1361	+	9 procurement, including a notice that bids will be received in
	1362	+	10 an electronic auction manner.
	1363	+	11 Public notice of the invitation for bids shall be given in
	1364	+	12 the same manner as provided in subsection (c).
	1365	+	13 Bids shall be accepted electronically at the time and in
	1366	+	14 the manner designated in the invitation for bids. During the
	1367	+	15 auction, a bidder's price shall be disclosed to other bidders.
	1368	+	16 Bidders shall have the opportunity to reduce their bid prices
	1369	+	17 during the auction. At the conclusion of the auction, the
	1370	+	18 record of the bid prices received and the name of each bidder
	1371	+	19 shall be open to public inspection.
	1372	+	20 After the auction period has terminated, withdrawal of
	1373	+	21 bids shall be permitted as provided in subsection (f).
	1374	+	22 The contract shall be awarded within 60 calendar days
	1375	+	23 after the auction by written notice to the lowest responsible
	1376	+	24 bidder, or all bids shall be rejected except as otherwise
	1377	+	25 provided in this Code. Extensions of the date for the award may
	1378	+	26 be made by mutual written consent of the State purchasing
	1379	+
	1380	+
	1381	+
	1382	+
	1383	+
	1384	+	HB3641 Enrolled - 39 - LRB103 30390 HLH 56820 b
	1385	+
	1386	+
	1387	+	HB3641 Enrolled- 40 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 40 - LRB103 30390 HLH 56820 b
	1388	+	HB3641 Enrolled - 40 - LRB103 30390 HLH 56820 b
	1389	+	1 officer and the lowest responsible bidder.
	1390	+	2 This subsection does not apply to (i) procurements of
	1391	+	3 professional and artistic services, (ii) telecommunications
	1392	+	4 services, communication services, and information services,
	1393	+	5 and (iii) contracts for construction projects, including
	1394	+	6 design professional services.
	1395	+	7 (Source: P.A. 102-29, eff. 6-25-21; 103-558, eff. 1-1-24.)
	1396	+	8 Section 30. The Emergency Telephone System Act is amended
	1397	+	9 by changing Sections 19, 30, and 35 as follows:
	1398	+	10 (50 ILCS 750/19)
	1399	+	11 (Section scheduled to be repealed on December 31, 2025)
	1400	+	12 Sec. 19. Statewide 9-1-1 Advisory Board.
	1401	+	13 (a) Beginning July 1, 2015, there is created the Statewide
	1402	+	14 9-1-1 Advisory Board within the Illinois State Police. The
	1403	+	15 Board shall consist of the following voting members:
	1404	+	16 (1) The Director of the Illinois State Police, or his
	1405	+	17 or her designee, who shall serve as chairman.
	1406	+	18 (2) The Executive Director of the Commission, or his
	1407	+	19 or her designee.
	1408	+	20 (3) Members appointed by the Governor as follows:
	1409	+	21 (A) one member representing the Illinois chapter
	1410	+	22 of the National Emergency Number Association, or his
	1411	+	23 or her designee;
	1412	+	24 (B) one member representing the Illinois chapter
	1413	+
	1414	+
	1415	+
	1416	+
	1417	+
	1418	+	HB3641 Enrolled - 40 - LRB103 30390 HLH 56820 b
	1419	+
	1420	+
	1421	+	HB3641 Enrolled- 41 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 41 - LRB103 30390 HLH 56820 b
	1422	+	HB3641 Enrolled - 41 - LRB103 30390 HLH 56820 b
	1423	+	1 of the Association of Public-Safety Communications
	1424	+	2 Officials, or his or her designee;
	1425	+	3 (C) one member representing a county 9-1-1 system
	1426	+	4 from a county with a population of less than 37,000;
	1427	+	5 (C-5) one member representing a county 9-1-1
	1428	+	6 system from a county with a population between 37,000
	1429	+	7 and 100,000;
	1430	+	8 (D) one member representing a county 9-1-1 system
	1431	+	9 from a county with a population between 100,001 and
	1432	+	10 250,000;
	1433	+	11 (E) one member representing a county 9-1-1 system
	1434	+	12 from a county with a population of more than 250,000;
	1435	+	13 (F) one member representing a municipal or
	1436	+	14 intergovernmental cooperative 9-1-1 system, excluding
	1437	+	15 any single municipality with a population over
	1438	+	16 500,000;
	1439	+	17 (G) one member representing the Illinois
	1440	+	18 Association of Chiefs of Police;
	1441	+	19 (H) one member representing the Illinois Sheriffs'
	1442	+	20 Association; and
	1443	+	21 (I) one member representing the Illinois Fire
	1444	+	22 Chiefs Association.
	1445	+	23 The Governor shall appoint the following non-voting
	1446	+	24 members: (i) one member representing an incumbent local
	1447	+	25 exchange 9-1-1 system provider; (ii) one member representing a
	1448	+	26 non-incumbent local exchange 9-1-1 system provider; (iii) one
	1449	+
	1450	+
	1451	+
	1452	+
	1453	+
	1454	+	HB3641 Enrolled - 41 - LRB103 30390 HLH 56820 b
	1455	+
	1456	+
	1457	+	HB3641 Enrolled- 42 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 42 - LRB103 30390 HLH 56820 b
	1458	+	HB3641 Enrolled - 42 - LRB103 30390 HLH 56820 b
	1459	+	1 member representing a large wireless carrier; (iv) one member
	1460	+	2 representing an incumbent local exchange carrier; (v) one
	1461	+	3 member representing the Illinois Broadband and
	1462	+	4 Telecommunications Association; (vi) one member representing
	1463	+	5 the Illinois Broadband and Cable Association; and (vii) one
	1464	+	6 member representing the Illinois State Ambulance Association.
	1465	+	7 The Speaker of the House of Representatives, the Minority
	1466	+	8 Leader of the House of Representatives, the President of the
	1467	+	9 Senate, and the Minority Leader of the Senate may each appoint
	1468	+	10 a member of the General Assembly to temporarily serve as a
	1469	+	11 non-voting member of the Board during the 12 months prior to
	1470	+	12 the repeal date of this Act to discuss legislative initiatives
	1471	+	13 of the Board.
	1472	+	14 (b) The Governor shall make initial appointments to the
	1473	+	15 Statewide 9-1-1 Advisory Board by August 31, 2015. Six of the
	1474	+	16 voting members appointed by the Governor shall serve an
	1475	+	17 initial term of 2 years, and the remaining voting members
	1476	+	18 appointed by the Governor shall serve an initial term of 3
	1477	+	19 years. Thereafter, each appointment by the Governor shall be
	1478	+	20 for a term of 3 years and until their respective successors are
	1479	+	21 appointed. Non-voting members shall serve for a term of 3
	1480	+	22 years. Vacancies shall be filled in the same manner as the
	1481	+	23 original appointment. Persons appointed to fill a vacancy
	1482	+	24 shall serve for the balance of the unexpired term.
	1483	+	25 Members of the Statewide 9-1-1 Advisory Board shall serve
	1484	+	26 without compensation.
	1485	+
	1486	+
	1487	+
	1488	+
	1489	+
	1490	+	HB3641 Enrolled - 42 - LRB103 30390 HLH 56820 b
	1491	+
	1492	+
	1493	+	HB3641 Enrolled- 43 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 43 - LRB103 30390 HLH 56820 b
	1494	+	HB3641 Enrolled - 43 - LRB103 30390 HLH 56820 b
	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
	1781	+	1 Board in counties with a population under 100,000
	1782	+	2 according to the most recent census data which is
	1783	+	3 authorized to serve as a primary wireless 9-1-1 public
	1784	+	4 safety answering point for the county and to provide
	1785	+	5 wireless 9-1-1 service as prescribed by subsection (b)
	1786	+	6 of Section 15.6a of this Act, and which does provide
	1787	+	7 such service.
	1788	+	8 (B) (Blank).
	1789	+	9 (C) Until December 31, 2017, $0.007 and on and
	1790	+	10 after January 1, 2018, $0.017 shall be used to cover
	1791	+	11 the Illinois State Police's administrative costs.
	1792	+	12 (D) Beginning January 1, 2018, until June 30,
	1793	+	13 2020, $0.12, and on and after July 1, 2020, $0.04 shall
	1794	+	14 be used to make monthly disbursements to the
	1795	+	15 appropriate 9-1-1 Authority currently taking wireless
	1796	+	16 9-1-1 based upon the United States Postal Zip Code of
	1797	+	17 the billing addresses of subscribers wireless
	1798	+	18 carriers.
	1799	+	19 (E) Until June 30, 2025 2023, $0.05 shall be used
	1800	+	20 by the Illinois State Police for grants for NG9-1-1
	1801	+	21 expenses, with priority given to 9-1-1 Authorities
	1802	+	22 that provide 9-1-1 service within the territory of a
	1803	+	23 Large Electing Provider as defined in Section 13-406.1
	1804	+	24 of the Public Utilities Act.
	1805	+	25 (F) On and after July 1, 2020, $0.13 shall be used
	1806	+	26 for the implementation of and continuing expenses for
	1807	+
	1808	+
	1809	+
	1810	+
	1811	+
	1812	+	HB3641 Enrolled - 51 - LRB103 30390 HLH 56820 b
	1813	+
	1814	+
	1815	+	HB3641 Enrolled- 52 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 52 - LRB103 30390 HLH 56820 b
	1816	+	HB3641 Enrolled - 52 - LRB103 30390 HLH 56820 b
	1817	+	1 the Statewide NG9-1-1 system.
	1818	+	2 (1.5) Beginning on the effective date of this
	1819	+	3 amendatory Act of the 103rd General Assembly, to assist
	1820	+	4 with the implementation of the statewide Next Generation
	1821	+	5 9-1-1 network, the Illinois State Police's administrative
	1822	+	6 costs include the one-time capital cost of upgrading the
	1823	+	7 Illinois State Police's call-handling equipment to meet
	1824	+	8 the standards necessary to access and increase
	1825	+	9 interoperability with the statewide Next Generation 9-1-1
	1826	+	10 network.
	1827	+	11 (A) Upon completion of the Illinois State Police's
	1828	+	12 call-handling equipment upgrades, but no later than
	1829	+	13 June 30, 2024, surplus moneys in excess of $1,000,000
	1830	+	14 from subparagraph (C) of paragraph (1) not utilized by
	1831	+	15 the Illinois State Police for administrative costs
	1832	+	16 shall be distributed to the 9-1-1 Authorities in
	1833	+	17 accordance with subparagraph (E) of paragraph (2) on
	1834	+	18 an annual basis at the end of the State fiscal year.
	1835	+	19 Any remaining surplus money may also be distributed
	1836	+	20 consistent with this paragraph (1.5) at the discretion
	1837	+	21 of the Illinois State Police.
	1838	+	22 (B) Upon implementation of the Statewide NG9-1-1
	1839	+	23 system, but no later than June 30, 2024, surplus
	1840	+	24 moneys in excess of $5,000,000 from subparagraph (F)
	1841	+	25 of paragraph (1) not utilized by the Illinois State
	1842	+	26 Police for the implementation of and continuing
	1843	+
	1844	+
	1845	+
	1846	+
	1847	+
	1848	+	HB3641 Enrolled - 52 - LRB103 30390 HLH 56820 b
	1849	+
	1850	+
	1851	+	HB3641 Enrolled- 53 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 53 - LRB103 30390 HLH 56820 b
	1852	+	HB3641 Enrolled - 53 - LRB103 30390 HLH 56820 b
	1853	+	1 expenses for the Statewide NG9-1-1 system shall be
	1854	+	2 distributed to the 9-1-1 Authorities in accordance
	1855	+	3 with subparagraph (E) of subsection (2) on an annual
	1856	+	4 basis at the end of the State fiscal year. Any
	1857	+	5 remaining surplus money may also be distributed
	1858	+	6 consistent with this paragraph (1.5) at the discretion
	1859	+	7 of the Illinois State Police.
	1860	+	8 (2) After disbursements under paragraph (1) of this
	1861	+	9 subsection (b), all remaining funds in the Statewide 9-1-1
	1862	+	10 Fund shall be disbursed in the following priority order:
	1863	+	11 (A) The Fund shall pay monthly to:
	1864	+	12 (i) the 9-1-1 Authorities that imposed
	1865	+	13 surcharges under Section 15.3 of this Act and were
	1866	+	14 required to report to the Illinois Commerce
	1867	+	15 Commission under Section 27 of the Wireless
	1868	+	16 Emergency Telephone Safety Act on October 1, 2014,
	1869	+	17 except a 9-1-1 Authority in a municipality with a
	1870	+	18 population in excess of 500,000, an amount equal
	1871	+	19 to the average monthly wireline and VoIP surcharge
	1872	+	20 revenue attributable to the most recent 12-month
	1873	+	21 period reported to the Illinois State Police under
	1874	+	22 that Section for the October 1, 2014 filing,
	1875	+	23 subject to the power of the Illinois State Police
	1876	+	24 to investigate the amount reported and adjust the
	1877	+	25 number by order under Article X of the Public
	1878	+	26 Utilities Act, so that the monthly amount paid
	1879	+
	1880	+
	1881	+
	1882	+
	1883	+
	1884	+	HB3641 Enrolled - 53 - LRB103 30390 HLH 56820 b
	1885	+
	1886	+
	1887	+	HB3641 Enrolled- 54 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 54 - LRB103 30390 HLH 56820 b
	1888	+	HB3641 Enrolled - 54 - LRB103 30390 HLH 56820 b
	1889	+	1 under this item accurately reflects one-twelfth of
	1890	+	2 the aggregate wireline and VoIP surcharge revenue
	1891	+	3 properly attributable to the most recent 12-month
	1892	+	4 period reported to the Commission; or
	1893	+	5 (ii) county qualified governmental entities
	1894	+	6 that did not impose a surcharge under Section 15.3
	1895	+	7 as of December 31, 2015, and counties that did not
	1896	+	8 impose a surcharge as of June 30, 2015, an amount
	1897	+	9 equivalent to their population multiplied by .37
	1898	+	10 multiplied by the rate of $0.69; counties that are
	1899	+	11 not county qualified governmental entities and
	1900	+	12 that did not impose a surcharge as of December 31,
	1901	+	13 2015, shall not begin to receive the payment
	1902	+	14 provided for in this subsection until E9-1-1 and
	1903	+	15 wireless E9-1-1 services are provided within their
	1904	+	16 counties; or
	1905	+	17 (iii) counties without 9-1-1 service that had
	1906	+	18 a surcharge in place by December 31, 2015, an
	1907	+	19 amount equivalent to their population multiplied
	1908	+	20 by .37 multiplied by their surcharge rate as
	1909	+	21 established by the referendum.
	1910	+	22 (B) All 9-1-1 network costs for systems outside of
	1911	+	23 municipalities with a population of at least 500,000
	1912	+	24 shall be paid by the Illinois State Police directly to
	1913	+	25 the vendors.
	1914	+	26 (C) All expenses incurred by the Administrator and
	1915	+
	1916	+
	1917	+
	1918	+
	1919	+
	1920	+	HB3641 Enrolled - 54 - LRB103 30390 HLH 56820 b
	1921	+
	1922	+
	1923	+	HB3641 Enrolled- 55 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 55 - LRB103 30390 HLH 56820 b
	1924	+	HB3641 Enrolled - 55 - LRB103 30390 HLH 56820 b
	1925	+	1 the Statewide 9-1-1 Advisory Board and costs
	1926	+	2 associated with procurement under Section 15.6b
	1927	+	3 including requests for information and requests for
	1928	+	4 proposals.
	1929	+	5 (D) Funds may be held in reserve by the Statewide
	1930	+	6 9-1-1 Advisory Board and disbursed by the Illinois
	1931	+	7 State Police for grants under Section 15.4b of this
	1932	+	8 Act and for NG9-1-1 expenses up to $12.5 million per
	1933	+	9 year in State fiscal years 2016 and 2017; up to $20
	1934	+	10 million in State fiscal year 2018; up to $20.9 million
	1935	+	11 in State fiscal year 2019; up to $15.3 million in State
	1936	+	12 fiscal year 2020; up to $16.2 million in State fiscal
	1937	+	13 year 2021; up to $23.1 million in State fiscal year
	1938	+	14 2022; and up to $17.0 million per year for State fiscal
	1939	+	15 year 2023 and each year thereafter. The amount held in
	1940	+	16 reserve in State fiscal years 2021, 2022, and 2023
	1941	+	17 shall not be less than $6.5 million. Disbursements
	1942	+	18 under this subparagraph (D) shall be prioritized as
	1943	+	19 follows: (i) consolidation grants prioritized under
	1944	+	20 subsection (a) of Section 15.4b of this Act; (ii)
	1945	+	21 NG9-1-1 expenses; and (iii) consolidation grants under
	1946	+	22 Section 15.4b of this Act for consolidation expenses
	1947	+	23 incurred between January 1, 2010, and January 1, 2016.
	1948	+	24 (E) All remaining funds per remit month shall be
	1949	+	25 used to make monthly disbursements to the appropriate
	1950	+	26 9-1-1 Authority currently taking wireless 9-1-1 based
	1951	+
	1952	+
	1953	+
	1954	+
	1955	+
	1956	+	HB3641 Enrolled - 55 - LRB103 30390 HLH 56820 b
	1957	+
	1958	+
	1959	+	HB3641 Enrolled- 56 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 56 - LRB103 30390 HLH 56820 b
	1960	+	HB3641 Enrolled - 56 - LRB103 30390 HLH 56820 b
	1961	+	1 upon the United States Postal Zip Code of the billing
	1962	+	2 addresses of subscribers of wireless carriers.
	1963	+	3 (c) The moneys deposited into the Statewide 9-1-1 Fund
	1964	+	4 under this Section shall not be subject to administrative
	1965	+	5 charges or chargebacks unless otherwise authorized by this
	1966	+	6 Act.
	1967	+	7 (d) Whenever two or more 9-1-1 Authorities consolidate,
	1968	+	8 the resulting Joint Emergency Telephone System Board shall be
	1969	+	9 entitled to the monthly payments that had theretofore been
	1970	+	10 made to each consolidating 9-1-1 Authority. Any reserves held
	1971	+	11 by any consolidating 9-1-1 Authority shall be transferred to
	1972	+	12 the resulting Joint Emergency Telephone System Board. Whenever
	1973	+	13 a county that has no 9-1-1 service as of January 1, 2016 enters
	1974	+	14 into an agreement to consolidate to create or join a Joint
	1975	+	15 Emergency Telephone System Board, the Joint Emergency
	1976	+	16 Telephone System Board shall be entitled to the monthly
	1977	+	17 payments that would have otherwise been paid to the county if
	1978	+	18 it had provided 9-1-1 service.
	1979	+	19 (Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21;
	1980	+	20 102-813, eff. 5-13-22; 103-366, eff. 1-1-24.)
	1981	+	21 (50 ILCS 750/35)
	1982	+	22 (Text of Section before amendment by P.A. 103-366)
	1983	+	23 (Section scheduled to be repealed on December 31, 2025)
	1984	+	24 Sec. 35. 9-1-1 surcharge; allowable expenditures. Except
	1985	+	25 as otherwise provided in this Act, expenditures from surcharge
	1986	+
	1987	+
	1988	+
	1989	+
	1990	+
	1991	+	HB3641 Enrolled - 56 - LRB103 30390 HLH 56820 b
	1992	+
	1993	+
	1994	+	HB3641 Enrolled- 57 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 57 - LRB103 30390 HLH 56820 b
	1995	+	HB3641 Enrolled - 57 - LRB103 30390 HLH 56820 b
	1996	+	1 revenues received under this Act may be made by
	1997	+	2 municipalities, counties, and 9-1-1 Authorities only to pay
	1998	+	3 for the costs associated with the following:
	1999	+	4 (1) The design of the Emergency Telephone System.
	2000	+	5 (2) The coding of an initial Master Street Address
	2001	+	6 Guide database, and update and maintenance thereof.
	2002	+	7 (3) The repayment of any moneys advanced for the
	2003	+	8 implementation of the system.
	2004	+	9 (4) The charges for Automatic Number Identification
	2005	+	10 and Automatic Location Identification equipment, a
	2006	+	11 computer aided dispatch system that records, maintains,
	2007	+	12 and integrates information, mobile data transmitters
	2008	+	13 equipped with automatic vehicle locators, and maintenance,
	2009	+	14 replacement, and update thereof to increase operational
	2010	+	15 efficiency and improve the provision of emergency
	2011	+	16 services.
	2012	+	17 (5) The non-recurring charges related to installation
	2013	+	18 of the Emergency Telephone System.
	2014	+	19 (6) The initial acquisition and installation, or the
	2015	+	20 reimbursement of costs therefor to other governmental
	2016	+	21 bodies that have incurred those costs, of road or street
	2017	+	22 signs that are essential to the implementation of the
	2018	+	23 Emergency Telephone System and that are not duplicative of
	2019	+	24 signs that are the responsibility of the jurisdiction
	2020	+	25 charged with maintaining road and street signs. Funds may
	2021	+	26 not be used for ongoing expenses associated with road or
	2022	+
	2023	+
	2024	+
	2025	+
	2026	+
	2027	+	HB3641 Enrolled - 57 - LRB103 30390 HLH 56820 b
	2028	+
	2029	+
	2030	+	HB3641 Enrolled- 58 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 58 - LRB103 30390 HLH 56820 b
	2031	+	HB3641 Enrolled - 58 - LRB103 30390 HLH 56820 b
	2032	+	1 street sign maintenance and replacement.
	2033	+	2 (7) Other products and services necessary for the
	2034	+	3 implementation, upgrade, and maintenance of the system and
	2035	+	4 any other purpose related to the operation of the system,
	2036	+	5 including costs attributable directly to the construction,
	2037	+	6 leasing, or maintenance of any buildings or facilities or
	2038	+	7 costs of personnel attributable directly to the operation
	2039	+	8 of the system. Costs attributable directly to the
	2040	+	9 operation of an emergency telephone system do not include
	2041	+	10 the costs of public safety agency personnel who are and
	2042	+	11 equipment that is dispatched in response to an emergency
	2043	+	12 call.
	2044	+	13 (8) The defraying of expenses incurred to implement
	2045	+	14 Next Generation 9-1-1, subject to the conditions set forth
	2046	+	15 in this Act.
	2047	+	16 (9) The implementation of a computer aided dispatch
	2048	+	17 system or hosted supplemental 9-1-1 services.
	2049	+	18 (10) The design, implementation, operation,
	2050	+	19 maintenance, or upgrade of wireless 9-1-1, E9-1-1, or
	2051	+	20 NG9-1-1 emergency services and public safety answering
	2052	+	21 points.
	2053	+	22 In the case of a municipality with a population over
	2054	+	23 500,000, moneys may also be used for any anti-terrorism or
	2055	+	24 emergency preparedness measures, including, but not limited
	2056	+	25 to, preparedness planning, providing local matching funds for
	2057	+	26 federal or State grants, personnel training, and specialized
	2058	+
	2059	+
	2060	+
	2061	+
	2062	+
	2063	+	HB3641 Enrolled - 58 - LRB103 30390 HLH 56820 b
	2064	+
	2065	+
	2066	+	HB3641 Enrolled- 59 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 59 - LRB103 30390 HLH 56820 b
	2067	+	HB3641 Enrolled - 59 - LRB103 30390 HLH 56820 b
	2068	+	1 equipment, including surveillance cameras, as needed to deal
	2069	+	2 with natural and terrorist-inspired emergency situations or
	2070	+	3 events.
	2071	+	4 (Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
	2072	+	5 (Text of Section after amendment by P.A. 103-366)
	2073	+	6 (Section scheduled to be repealed on December 31, 2025)
	2074	+	7 Sec. 35. 9-1-1 surcharge; allowable expenditures.
	2075	+	8 (a) Except as otherwise provided in this Act, expenditures
	2076	+	9 from surcharge revenues received under this Act shall be made
	2077	+	10 consistent with 47 CFR 9.23, which include the following:
	2078	+	11 (1) support and implementation of 9-1-1 services
	2079	+	12 provided by or in the State or taxing jurisdiction
	2080	+	13 imposing the fee or charge; and
	2081	+	14 (2) operational expenses of public safety answering
	2082	+	15 points within the State. Examples of allowable
	2083	+	16 expenditures include, but are not limited to:
	2084	+	17 (A) PSAP operating costs, including lease,
	2085	+	18 purchase, maintenance, replacement, and upgrade of
	2086	+	19 customer premises equipment (hardware and software),
	2087	+	20 CAD equipment (hardware and software), and the PSAP
	2088	+	21 building and facility and including NG9-1-1,
	2089	+	22 cybersecurity, pre-arrival instructions, and emergency
	2090	+	23 notification systems. PSAP operating costs include
	2091	+	24 technological innovation that supports 9-1-1;
	2092	+	25 (B) PSAP personnel costs, including
	2093	+
	2094	+
	2095	+
	2096	+
	2097	+
	2098	+	HB3641 Enrolled - 59 - LRB103 30390 HLH 56820 b
	2099	+
	2100	+
	2101	+	HB3641 Enrolled- 60 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 60 - LRB103 30390 HLH 56820 b
	2102	+	HB3641 Enrolled - 60 - LRB103 30390 HLH 56820 b
	2103	+	1 telecommunicators' salaries and training;
	2104	+	2 (C) PSAP administration, including costs for
	2105	+	3 administration of 9-1-1 services and travel expenses
	2106	+	4 associated with the provision of 9-1-1 services;
	2107	+	5 (D) integrating public safety and first responder
	2108	+	6 dispatch and 9-1-1 systems, including lease, purchase,
	2109	+	7 maintenance, and upgrade of CAD equipment (hardware
	2110	+	8 and software) to support integrated 9-1-1 and public
	2111	+	9 safety dispatch operations; and
	2112	+	10 (E) providing the interoperability of 9-1-1
	2113	+	11 systems with one another and with public safety and
	2114	+	12 first responder radio systems; and .
	2115	+	13 (F) costs for the initial acquisition and
	2116	+	14 installation of road or street signs that are
	2117	+	15 essential to the implementation of the Emergency
	2118	+	16 Telephone System and that are not duplicative of signs
	2119	+	17 that are the responsibility of the jurisdiction
	2120	+	18 charged with maintaining road and street signs, as
	2121	+	19 well as costs incurred to reimburse governmental
	2122	+	20 bodies for the acquisition and installation of those
	2123	+	21 signs, except that expenditures may not be used for
	2124	+	22 ongoing expenses associated with sign maintenance and
	2125	+	23 replacement.
	2126	+	24 (3) (Blank).
	2127	+	25 (4) (Blank).
	2128	+	26 (5) (Blank).
	2129	+
	2130	+
	2131	+
	2132	+
	2133	+
	2134	+	HB3641 Enrolled - 60 - LRB103 30390 HLH 56820 b
	2135	+
	2136	+
	2137	+	HB3641 Enrolled- 61 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 61 - LRB103 30390 HLH 56820 b
	2138	+	HB3641 Enrolled - 61 - LRB103 30390 HLH 56820 b
	2139	+	1 (6) (Blank).
	2140	+	2 (7) (Blank).
	2141	+	3 (8) (Blank).
	2142	+	4 (9) (Blank).
	2143	+	5 (10) (Blank).
	2144	+	6 (b) The obligation or expenditure of surcharge revenues
	2145	+	7 received under this Act for a purpose or function inconsistent
	2146	+	8 with 47 CFR 9.23 and this Section shall constitute diversion,
	2147	+	9 which undermines the purpose of this Act by depriving the
	2148	+	10 9-1-1 system of the funds it needs to function effectively and
	2149	+	11 to modernize 9-1-1 operations. Examples of diversion include,
	2150	+	12 but are not limited to:
	2151	+	13 (1) transfer of 9-1-1 fees into a State or other
	2152	+	14 jurisdiction's general fund or other fund for non-9-1-1
	2153	+	15 purposes;
	2154	+	16 (2) use of surcharge revenues for equipment or
	2155	+	17 infrastructure for constructing or expanding
	2156	+	18 non-public-safety communications networks (e.g.,
	2157	+	19 commercial cellular networks); and
	2158	+	20 (3) use of surcharge revenues for equipment or
	2159	+	21 infrastructure for law enforcement, firefighters, and
	2160	+	22 other public safety or first responder entities that does
	2161	+	23 not directly support providing 9-1-1 services.
	2162	+	24 (c) In the case of a municipality with a population over
	2163	+	25 500,000, moneys may also be used for any anti-terrorism or
	2164	+	26 emergency preparedness measures, including, but not limited
	2165	+
	2166	+
	2167	+
	2168	+
	2169	+
	2170	+	HB3641 Enrolled - 61 - LRB103 30390 HLH 56820 b
	2171	+
	2172	+
	2173	+	HB3641 Enrolled- 62 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 62 - LRB103 30390 HLH 56820 b
	2174	+	HB3641 Enrolled - 62 - LRB103 30390 HLH 56820 b
	2175	+	1 to, preparedness planning, providing local matching funds for
	2176	+	2 federal or State grants, personnel training, and specialized
	2177	+	3 equipment, including surveillance cameras, as needed to deal
	2178	+	4 with natural and terrorist-inspired emergency situations or
	2179	+	5 events.
	2180	+	6 (Source: P.A. 103-366, eff. 1-1-24.)
	2181	+	7 Section 35. The Prepaid Wireless 9-1-1 Surcharge Act is
	2182	+	8 amended by changing Section 15 as follows:
	2183	+	9 (50 ILCS 753/15)
	2184	+	10 Sec. 15. Prepaid wireless 9-1-1 surcharge.
	2185	+	11 (a) Until September 30, 2015, there is hereby imposed on
	2186	+	12 consumers a prepaid wireless 9-1-1 surcharge of 1.5% per
	2187	+	13 retail transaction. Beginning October 1, 2015, the prepaid
	2188	+	14 wireless 9-1-1 surcharge shall be 3% per retail transaction.
	2189	+	15 Until December 31, 2023, the The surcharge authorized by this
	2190	+	16 subsection (a) does not apply in a home rule municipality
	2191	+	17 having a population in excess of 500,000.
	2192	+	18 (a-5) On or after the effective date of this amendatory
	2193	+	19 Act of the 98th General Assembly and until December 31, 2023, a
	2194	+	20 home rule municipality having a population in excess of
	2195	+	21 500,000 on the effective date of this amendatory Act may
	2196	+	22 impose a prepaid wireless 9-1-1 surcharge not to exceed 9% per
	2197	+	23 retail transaction sourced to that jurisdiction and collected
	2198	+	24 and remitted in accordance with the provisions of subsection
	2199	+
	2200	+
	2201	+
	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	+
	2237	+
	2238	+
	2239	+
	2240	+	HB3641 Enrolled - 63 - LRB103 30390 HLH 56820 b
	2241	+
	2242	+
	2243	+	HB3641 Enrolled- 64 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 64 - LRB103 30390 HLH 56820 b
	2244	+	HB3641 Enrolled - 64 - LRB103 30390 HLH 56820 b
	2245	+	1 service to a consumer located in Illinois. In the case of a
	2246	+	2 retail transaction which does not occur in person at a
	2247	+	3 seller's business location, if a consumer uses a credit card
	2248	+	4 to purchase prepaid wireless telecommunications service
	2249	+	5 on-line or over the telephone, and no product is shipped to the
	2250	+	6 consumer, the transaction occurs in this State if the billing
	2251	+	7 address for the consumer's credit card is in this State.
	2252	+	8 (b-5) The prepaid wireless 9-1-1 surcharge imposed under
	2253	+	9 subsection (a-5) of this Section shall be collected by the
	2254	+	10 seller from the consumer with respect to each retail
	2255	+	11 transaction occurring in the municipality imposing the
	2256	+	12 surcharge. The amount of the prepaid wireless 9-1-1 surcharge
	2257	+	13 shall be separately stated on an invoice, receipt, or other
	2258	+	14 similar document that is provided to the consumer by the
	2259	+	15 seller or shall be otherwise disclosed to the consumer. If the
	2260	+	16 seller does not separately state the surcharge as a distinct
	2261	+	17 item to the consumer as provided in this Section, then the
	2262	+	18 seller shall maintain books and records as required by this
	2263	+	19 Act which clearly identify the amount of the 9-1-1 surcharge
	2264	+	20 for retail transactions.
	2265	+	21 For purposes of this subsection (b-5), a retail
	2266	+	22 transaction occurs in the municipality if (i) the retail
	2267	+	23 transaction is made in person by a consumer at the seller's
	2268	+	24 business location and the business is located within the
	2269	+	25 municipality; (ii) the seller is a provider and sells prepaid
	2270	+	26 wireless telecommunications service to a consumer located in
	2271	+
	2272	+
	2273	+
	2274	+
	2275	+
	2276	+	HB3641 Enrolled - 64 - LRB103 30390 HLH 56820 b
	2277	+
	2278	+
	2279	+	HB3641 Enrolled- 65 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 65 - LRB103 30390 HLH 56820 b
	2280	+	HB3641 Enrolled - 65 - LRB103 30390 HLH 56820 b
	2281	+	1 the municipality; (iii) the retail transaction is treated as
	2282	+	2 occurring in the municipality for purposes of the Retailers'
	2283	+	3 Occupation Tax Act; or (iv) a seller that is included within
	2284	+	4 the definition of a "retailer maintaining a place of business
	2285	+	5 in this State" under Section 2 of the Use Tax Act makes a sale
	2286	+	6 of prepaid wireless telecommunications service to a consumer
	2287	+	7 located in the municipality. In the case of a retail
	2288	+	8 transaction which does not occur in person at a seller's
	2289	+	9 business location, if a consumer uses a credit card to
	2290	+	10 purchase prepaid wireless telecommunications service on-line
	2291	+	11 or over the telephone, and no product is shipped to the
	2292	+	12 consumer, the transaction occurs in the municipality if the
	2293	+	13 billing address for the consumer's credit card is in the
	2294	+	14 municipality.
	2295	+	15 (c) The prepaid wireless 9-1-1 surcharge is imposed on the
	2296	+	16 consumer and not on any provider. The seller shall be liable to
	2297	+	17 remit all prepaid wireless 9-1-1 surcharges that the seller
	2298	+	18 collects from consumers as provided in Section 20, including
	2299	+	19 all such surcharges that the seller is deemed to collect where
	2300	+	20 the amount of the surcharge has not been separately stated on
	2301	+	21 an invoice, receipt, or other similar document provided to the
	2302	+	22 consumer by the seller. The surcharge collected or deemed
	2303	+	23 collected by a seller shall constitute a debt owed by the
	2304	+	24 seller to this State, and any such surcharge actually
	2305	+	25 collected shall be held in trust for the benefit of the
	2306	+	26 Department.
	2307	+
	2308	+
	2309	+
	2310	+
	2311	+
	2312	+	HB3641 Enrolled - 65 - LRB103 30390 HLH 56820 b
	2313	+
	2314	+
	2315	+	HB3641 Enrolled- 66 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 66 - LRB103 30390 HLH 56820 b
	2316	+	HB3641 Enrolled - 66 - LRB103 30390 HLH 56820 b
	2317	+	1 For purposes of this subsection (c), the surcharge shall
	2318	+	2 not be imposed or collected from entities that have an active
	2319	+	3 tax exemption identification number issued by the Department
	2320	+	4 under Section 1g of the Retailers' Occupation Tax Act.
	2321	+	5 (d) The amount of the prepaid wireless 9-1-1 surcharge
	2322	+	6 that is collected by a seller from a consumer, if such amount
	2323	+	7 is separately stated on an invoice, receipt, or other similar
	2324	+	8 document provided to the consumer by the seller, shall not be
	2325	+	9 included in the base for measuring any tax, fee, surcharge, or
	2326	+	10 other charge that is imposed by this State, any political
	2327	+	11 subdivision of this State, or any intergovernmental agency.
	2328	+	12 (e) (Blank).
	2329	+	13 (e-5) Any changes in the rate of the surcharge imposed by a
	2330	+	14 municipality under the authority granted in subsection (a-5)
	2331	+	15 of this Section shall be effective on the first day of the
	2332	+	16 first calendar month to occur at least 60 days after the
	2333	+	17 enactment of the change. The Department shall provide not less
	2334	+	18 than 30 days' notice of the increase or reduction in the rate
	2335	+	19 of such surcharge on the Department's website.
	2336	+	20 (f) When prepaid wireless telecommunications service is
	2337	+	21 sold with one or more other products or services for a single,
	2338	+	22 non-itemized price, then the percentage specified in
	2339	+	23 subsection (a) or (a-5) of this Section 15 shall be applied to
	2340	+	24 the entire non-itemized price unless the seller elects to
	2341	+	25 apply the percentage to (i) the dollar amount of the prepaid
	2342	+	26 wireless telecommunications service if that dollar amount is
	2343	+
	2344	+
	2345	+
	2346	+
	2347	+
	2348	+	HB3641 Enrolled - 66 - LRB103 30390 HLH 56820 b
	2349	+
	2350	+
	2351	+	HB3641 Enrolled- 67 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 67 - LRB103 30390 HLH 56820 b
	2352	+	HB3641 Enrolled - 67 - LRB103 30390 HLH 56820 b
	2353	+	1 disclosed to the consumer or (ii) the portion of the price that
	2354	+	2 is attributable to the prepaid wireless telecommunications
	2355	+	3 service if the retailer can identify that portion by
	2356	+	4 reasonable and verifiable standards from its books and records
	2357	+	5 that are kept in the regular course of business for other
	2358	+	6 purposes, including, but not limited to, books and records
	2359	+	7 that are kept for non-tax purposes. However, if a minimal
	2360	+	8 amount of prepaid wireless telecommunications service is sold
	2361	+	9 with a prepaid wireless device for a single, non-itemized
	2362	+	10 price, then the seller may elect not to apply the percentage
	2363	+	11 specified in subsection (a) or (a-5) of this Section 15 to such
	2364	+	12 transaction. For purposes of this subsection, an amount of
	2365	+	13 service denominated as 10 minutes or less or $5 or less is
	2366	+	14 considered minimal.
	2367	+	15 (g) The prepaid wireless 9-1-1 surcharge imposed under
	2368	+	16 subsections (a) and (a-5) of this Section is not imposed on the
	2369	+	17 provider or the consumer for wireless Lifeline service where
	2370	+	18 the consumer does not pay the provider for the service. Where
	2371	+	19 the consumer purchases from the provider optional minutes,
	2372	+	20 texts, or other services in addition to the federally funded
	2373	+	21 Lifeline benefit, a consumer must pay the prepaid wireless
	2374	+	22 9-1-1 surcharge, and it must be collected by the seller
	2375	+	23 according to subsection (b-5).
	2376	+	24 (Source: P.A. 102-9, eff. 6-3-21.)
	2377	+	25 Section 40. The School Code is amended by changing
	2378	+
	2379	+
	2380	+
	2381	+
	2382	+
	2383	+	HB3641 Enrolled - 67 - LRB103 30390 HLH 56820 b
	2384	+
	2385	+
	2386	+	HB3641 Enrolled- 68 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 68 - LRB103 30390 HLH 56820 b
	2387	+	HB3641 Enrolled - 68 - LRB103 30390 HLH 56820 b
	2388	+	1 Sections 21B-20, 27-20.3, and 27-21 and by renumbering and
	2389	+	2 changing Section 22-95, as added by Public Act 103-46, as
	2390	+	3 follows:
	2391	+	4 (105 ILCS 5/21B-20)
	2392	+	5 (Text of Section before amendment by P.A. 103-193)
	2393	+	6 Sec. 21B-20. Types of licenses. The State Board of
	2394	+	7 Education shall implement a system of educator licensure,
	2395	+	8 whereby individuals employed in school districts who are
	2396	+	9 required to be licensed must have one of the following
	2397	+	10 licenses: (i) a professional educator license; (ii) an
	2398	+	11 educator license with stipulations; (iii) a substitute
	2399	+	12 teaching license; or (iv) until June 30, 2028, a short-term
	2400	+	13 substitute teaching license. References in law regarding
	2401	+	14 individuals certified or certificated or required to be
	2402	+	15 certified or certificated under Article 21 of this Code shall
	2403	+	16 also include individuals licensed or required to be licensed
	2404	+	17 under this Article. The first year of all licenses ends on June
	2405	+	18 30 following one full year of the license being issued.
	2406	+	19 The State Board of Education, in consultation with the
	2407	+	20 State Educator Preparation and Licensure Board, may adopt such
	2408	+	21 rules as may be necessary to govern the requirements for
	2409	+	22 licenses and endorsements under this Section.
	2410	+	23 (1) Professional Educator License. Persons who (i)
	2411	+	24 have successfully completed an approved educator
	2412	+	25 preparation program and are recommended for licensure by
	2413	+
	2414	+
	2415	+
	2416	+
	2417	+
	2418	+	HB3641 Enrolled - 68 - LRB103 30390 HLH 56820 b
	2419	+
	2420	+
	2421	+	HB3641 Enrolled- 69 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 69 - LRB103 30390 HLH 56820 b
	2422	+	HB3641 Enrolled - 69 - LRB103 30390 HLH 56820 b
	2423	+	1 the Illinois institution offering the educator preparation
	2424	+	2 program, (ii) have successfully completed the required
	2425	+	3 testing under Section 21B-30 of this Code, (iii) have
	2426	+	4 successfully completed coursework on the psychology of,
	2427	+	5 the identification of, and the methods of instruction for
	2428	+	6 the exceptional child, including, without limitation,
	2429	+	7 children with learning disabilities, (iv) have
	2430	+	8 successfully completed coursework in methods of reading
	2431	+	9 and reading in the content area, and (v) have met all other
	2432	+	10 criteria established by rule of the State Board of
	2433	+	11 Education shall be issued a Professional Educator License.
	2434	+	12 All Professional Educator Licenses are valid until June 30
	2435	+	13 immediately following 5 years of the license being issued.
	2436	+	14 The Professional Educator License shall be endorsed with
	2437	+	15 specific areas and grade levels in which the individual is
	2438	+	16 eligible to practice. For an early childhood education
	2439	+	17 endorsement, an individual may satisfy the student
	2440	+	18 teaching requirement of his or her early childhood teacher
	2441	+	19 preparation program through placement in a setting with
	2442	+	20 children from birth through grade 2, and the individual
	2443	+	21 may be paid and receive credit while student teaching. The
	2444	+	22 student teaching experience must meet the requirements of
	2445	+	23 and be approved by the individual's early childhood
	2446	+	24 teacher preparation program.
	2447	+	25 Individuals can receive subsequent endorsements on the
	2448	+	26 Professional Educator License. Subsequent endorsements
	2449	+
	2450	+
	2451	+
	2452	+
	2453	+
	2454	+	HB3641 Enrolled - 69 - LRB103 30390 HLH 56820 b
	2455	+
	2456	+
	2457	+	HB3641 Enrolled- 70 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 70 - LRB103 30390 HLH 56820 b
	2458	+	HB3641 Enrolled - 70 - LRB103 30390 HLH 56820 b
	2459	+	1 shall require a minimum of 24 semester hours of coursework
	2460	+	2 in the endorsement area and passage of the applicable
	2461	+	3 content area test, unless otherwise specified by rule.
	2462	+	4 (2) Educator License with Stipulations. An Educator
	2463	+	5 License with Stipulations shall be issued an endorsement
	2464	+	6 that limits the license holder to one particular position
	2465	+	7 or does not require completion of an approved educator
	2466	+	8 program or both.
	2467	+	9 An individual with an Educator License with
	2468	+	10 Stipulations must not be employed by a school district or
	2469	+	11 any other entity to replace any presently employed teacher
	2470	+	12 who otherwise would not be replaced for any reason.
	2471	+	13 An Educator License with Stipulations may be issued
	2472	+	14 with the following endorsements:
	2473	+	15 (A) (Blank).
	2474	+	16 (B) Alternative provisional educator. An
	2475	+	17 alternative provisional educator endorsement on an
	2476	+	18 Educator License with Stipulations may be issued to an
	2477	+	19 applicant who, at the time of applying for the
	2478	+	20 endorsement, has done all of the following:
	2479	+	21 (i) Graduated from a regionally accredited
	2480	+	22 college or university with a minimum of a
	2481	+	23 bachelor's degree.
	2482	+	24 (ii) Successfully completed the first phase of
	2483	+	25 the Alternative Educator Licensure Program for
	2484	+	26 Teachers, as described in Section 21B-50 of this
	2485	+
	2486	+
	2487	+
	2488	+
	2489	+
	2490	+	HB3641 Enrolled - 70 - LRB103 30390 HLH 56820 b
	2491	+
	2492	+
	2493	+	HB3641 Enrolled- 71 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 71 - LRB103 30390 HLH 56820 b
	2494	+	HB3641 Enrolled - 71 - LRB103 30390 HLH 56820 b
	2495	+	1 Code.
	2496	+	2 (iii) Passed a content area test, as required
	2497	+	3 under Section 21B-30 of this Code.
	2498	+	4 The alternative provisional educator endorsement is
	2499	+	5 valid for 2 years of teaching and may be renewed for a
	2500	+	6 third year by an individual meeting the requirements set
	2501	+	7 forth in Section 21B-50 of this Code.
	2502	+	8 (C) Alternative provisional superintendent. An
	2503	+	9 alternative provisional superintendent endorsement on
	2504	+	10 an Educator License with Stipulations entitles the
	2505	+	11 holder to serve only as a superintendent or assistant
	2506	+	12 superintendent in a school district's central office.
	2507	+	13 This endorsement may only be issued to an applicant
	2508	+	14 who, at the time of applying for the endorsement, has
	2509	+	15 done all of the following:
	2510	+	16 (i) Graduated from a regionally accredited
	2511	+	17 college or university with a minimum of a master's
	2512	+	18 degree in a management field other than education.
	2513	+	19 (ii) Been employed for a period of at least 5
	2514	+	20 years in a management level position in a field
	2515	+	21 other than education.
	2516	+	22 (iii) Successfully completed the first phase
	2517	+	23 of an alternative route to superintendent
	2518	+	24 endorsement program, as provided in Section 21B-55
	2519	+	25 of this Code.
	2520	+	26 (iv) Passed a content area test required under
	2521	+
	2522	+
	2523	+
	2524	+
	2525	+
	2526	+	HB3641 Enrolled - 71 - LRB103 30390 HLH 56820 b
	2527	+
	2528	+
	2529	+	HB3641 Enrolled- 72 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 72 - LRB103 30390 HLH 56820 b
	2530	+	HB3641 Enrolled - 72 - LRB103 30390 HLH 56820 b
	2531	+	1 Section 21B-30 of this Code.
	2532	+	2 The endorsement is valid for 2 fiscal years in
	2533	+	3 order to complete one full year of serving as a
	2534	+	4 superintendent or assistant superintendent.
	2535	+	5 (D) (Blank).
	2536	+	6 (E) Career and technical educator. A career and
	2537	+	7 technical educator endorsement on an Educator License
	2538	+	8 with Stipulations may be issued to an applicant who
	2539	+	9 has a minimum of 60 semester hours of coursework from a
	2540	+	10 regionally accredited institution of higher education
	2541	+	11 or an accredited trade and technical institution and
	2542	+	12 has a minimum of 2,000 hours of experience outside of
	2543	+	13 education in each area to be taught.
	2544	+	14 The career and technical educator endorsement on
	2545	+	15 an Educator License with Stipulations is valid until
	2546	+	16 June 30 immediately following 5 years of the
	2547	+	17 endorsement being issued and may be renewed.
	2548	+	18 An individual who holds a valid career and
	2549	+	19 technical educator endorsement on an Educator License
	2550	+	20 with Stipulations but does not hold a bachelor's
	2551	+	21 degree may substitute teach in career and technical
	2552	+	22 education classrooms.
	2553	+	23 (F) (Blank).
	2554	+	24 (G) Transitional bilingual educator. A
	2555	+	25 transitional bilingual educator endorsement on an
	2556	+	26 Educator License with Stipulations may be issued for
	2557	+
	2558	+
	2559	+
	2560	+
	2561	+
	2562	+	HB3641 Enrolled - 72 - LRB103 30390 HLH 56820 b
	2563	+
	2564	+
	2565	+	HB3641 Enrolled- 73 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 73 - LRB103 30390 HLH 56820 b
	2566	+	HB3641 Enrolled - 73 - LRB103 30390 HLH 56820 b
	2567	+	1 the purpose of providing instruction in accordance
	2568	+	2 with Article 14C of this Code to an applicant who
	2569	+	3 provides satisfactory evidence that he or she meets
	2570	+	4 all of the following requirements:
	2571	+	5 (i) Possesses adequate speaking, reading, and
	2572	+	6 writing ability in the language other than English
	2573	+	7 in which transitional bilingual education is
	2574	+	8 offered.
	2575	+	9 (ii) Has the ability to successfully
	2576	+	10 communicate in English.
	2577	+	11 (iii) Either possessed, within 5 years
	2578	+	12 previous to his or her applying for a transitional
	2579	+	13 bilingual educator endorsement, a valid and
	2580	+	14 comparable teaching certificate or comparable
	2581	+	15 authorization issued by a foreign country or holds
	2582	+	16 a degree from an institution of higher learning in
	2583	+	17 a foreign country that the State Educator
	2584	+	18 Preparation and Licensure Board determines to be
	2585	+	19 the equivalent of a bachelor's degree from a
	2586	+	20 regionally accredited institution of higher
	2587	+	21 learning in the United States.
	2588	+	22 A transitional bilingual educator endorsement
	2589	+	23 shall be valid for prekindergarten through grade 12,
	2590	+	24 is valid until June 30 immediately following 5 years
	2591	+	25 of the endorsement being issued, and shall not be
	2592	+	26 renewed.
	2593	+
	2594	+
	2595	+
	2596	+
	2597	+
	2598	+	HB3641 Enrolled - 73 - LRB103 30390 HLH 56820 b
	2599	+
	2600	+
	2601	+	HB3641 Enrolled- 74 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 74 - LRB103 30390 HLH 56820 b
	2602	+	HB3641 Enrolled - 74 - LRB103 30390 HLH 56820 b
	2603	+	1 Persons holding a transitional bilingual educator
	2604	+	2 endorsement shall not be employed to replace any
	2605	+	3 presently employed teacher who otherwise would not be
	2606	+	4 replaced for any reason.
	2607	+	5 (H) Language endorsement. In an effort to
	2608	+	6 alleviate the shortage of teachers speaking a language
	2609	+	7 other than English in the public schools, an
	2610	+	8 individual who holds an Educator License with
	2611	+	9 Stipulations may also apply for a language
	2612	+	10 endorsement, provided that the applicant provides
	2613	+	11 satisfactory evidence that he or she meets all of the
	2614	+	12 following requirements:
	2615	+	13 (i) Holds a transitional bilingual
	2616	+	14 endorsement.
	2617	+	15 (ii) Has demonstrated proficiency in the
	2618	+	16 language for which the endorsement is to be issued
	2619	+	17 by passing the applicable language content test
	2620	+	18 required by the State Board of Education.
	2621	+	19 (iii) Holds a bachelor's degree or higher from
	2622	+	20 a regionally accredited institution of higher
	2623	+	21 education or, for individuals educated in a
	2624	+	22 country other than the United States, holds a
	2625	+	23 degree from an institution of higher learning in a
	2626	+	24 foreign country that the State Educator
	2627	+	25 Preparation and Licensure Board determines to be
	2628	+	26 the equivalent of a bachelor's degree from a
	2629	+
	2630	+
	2631	+
	2632	+
	2633	+
	2634	+	HB3641 Enrolled - 74 - LRB103 30390 HLH 56820 b
	2635	+
	2636	+
	2637	+	HB3641 Enrolled- 75 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 75 - LRB103 30390 HLH 56820 b
	2638	+	HB3641 Enrolled - 75 - LRB103 30390 HLH 56820 b
	2639	+	1 regionally accredited institution of higher
	2640	+	2 learning in the United States.
	2641	+	3 (iv) (Blank).
	2642	+	4 A language endorsement on an Educator License with
	2643	+	5 Stipulations is valid for prekindergarten through
	2644	+	6 grade 12 for the same validity period as the
	2645	+	7 individual's transitional bilingual educator
	2646	+	8 endorsement on the Educator License with Stipulations
	2647	+	9 and shall not be renewed.
	2648	+	10 (I) Visiting international educator. A visiting
	2649	+	11 international educator endorsement on an Educator
	2650	+	12 License with Stipulations may be issued to an
	2651	+	13 individual who is being recruited by a particular
	2652	+	14 school district that conducts formal recruitment
	2653	+	15 programs outside of the United States to secure the
	2654	+	16 services of qualified teachers and who meets all of
	2655	+	17 the following requirements:
	2656	+	18 (i) Holds the equivalent of a minimum of a
	2657	+	19 bachelor's degree issued in the United States.
	2658	+	20 (ii) Has been prepared as a teacher at the
	2659	+	21 grade level for which he or she will be employed.
	2660	+	22 (iii) Has adequate content knowledge in the
	2661	+	23 subject to be taught.
	2662	+	24 (iv) Has an adequate command of the English
	2663	+	25 language.
	2664	+	26 A holder of a visiting international educator
	2665	+
	2666	+
	2667	+
	2668	+
	2669	+
	2670	+	HB3641 Enrolled - 75 - LRB103 30390 HLH 56820 b
	2671	+
	2672	+
	2673	+	HB3641 Enrolled- 76 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 76 - LRB103 30390 HLH 56820 b
	2674	+	HB3641 Enrolled - 76 - LRB103 30390 HLH 56820 b
	2675	+	1 endorsement on an Educator License with Stipulations
	2676	+	2 shall be permitted to teach in bilingual education
	2677	+	3 programs in the language that was the medium of
	2678	+	4 instruction in his or her teacher preparation program,
	2679	+	5 provided that he or she passes the English Language
	2680	+	6 Proficiency Examination or another test of writing
	2681	+	7 skills in English identified by the State Board of
	2682	+	8 Education, in consultation with the State Educator
	2683	+	9 Preparation and Licensure Board.
	2684	+	10 A visiting international educator endorsement on
	2685	+	11 an Educator License with Stipulations is valid for 5
	2686	+	12 years and shall not be renewed.
	2687	+	13 (J) Paraprofessional educator. A paraprofessional
	2688	+	14 educator endorsement on an Educator License with
	2689	+	15 Stipulations may be issued to an applicant who holds a
	2690	+	16 high school diploma or its recognized equivalent and
	2691	+	17 (i) holds an associate's degree or a minimum of 60
	2692	+	18 semester hours of credit from a regionally accredited
	2693	+	19 institution of higher education; (ii) has passed a
	2694	+	20 paraprofessional competency test under subsection
	2695	+	21 (c-5) of Section 21B-30; or (iii) is at least 18 years
	2696	+	22 of age and will be using the Educator License with
	2697	+	23 Stipulations exclusively for grades prekindergarten
	2698	+	24 through grade 8, until the individual reaches the age
	2699	+	25 of 19 years and otherwise meets the criteria for a
	2700	+	26 paraprofessional educator endorsement pursuant to this
	2701	+
	2702	+
	2703	+
	2704	+
	2705	+
	2706	+	HB3641 Enrolled - 76 - LRB103 30390 HLH 56820 b
	2707	+
	2708	+
	2709	+	HB3641 Enrolled- 77 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 77 - LRB103 30390 HLH 56820 b
	2710	+	HB3641 Enrolled - 77 - LRB103 30390 HLH 56820 b
	2711	+	1 subparagraph (J). The paraprofessional educator
	2712	+	2 endorsement is valid until June 30 immediately
	2713	+	3 following 5 years of the endorsement being issued and
	2714	+	4 may be renewed through application and payment of the
	2715	+	5 appropriate fee, as required under Section 21B-40 of
	2716	+	6 this Code. An individual who holds only a
	2717	+	7 paraprofessional educator endorsement is not subject
	2718	+	8 to additional requirements in order to renew the
	2719	+	9 endorsement.
	2720	+	10 (K) Chief school business official. A chief school
	2721	+	11 business official endorsement on an Educator License
	2722	+	12 with Stipulations may be issued to an applicant who
	2723	+	13 qualifies by having a master's degree or higher, 2
	2724	+	14 years of full-time administrative experience in school
	2725	+	15 business management or 2 years of university-approved
	2726	+	16 practical experience, and a minimum of 24 semester
	2727	+	17 hours of graduate credit in a program approved by the
	2728	+	18 State Board of Education for the preparation of school
	2729	+	19 business administrators and by passage of the
	2730	+	20 applicable State tests, including an applicable
	2731	+	21 content area test.
	2732	+	22 The chief school business official endorsement may
	2733	+	23 also be affixed to the Educator License with
	2734	+	24 Stipulations of any holder who qualifies by having a
	2735	+	25 master's degree in business administration, finance,
	2736	+	26 accounting, or public administration and who completes
	2737	+
	2738	+
	2739	+
	2740	+
	2741	+
	2742	+	HB3641 Enrolled - 77 - LRB103 30390 HLH 56820 b
	2743	+
	2744	+
	2745	+	HB3641 Enrolled- 78 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 78 - LRB103 30390 HLH 56820 b
	2746	+	HB3641 Enrolled - 78 - LRB103 30390 HLH 56820 b
	2747	+	1 an additional 6 semester hours of internship in school
	2748	+	2 business management from a regionally accredited
	2749	+	3 institution of higher education and passes the
	2750	+	4 applicable State tests, including an applicable
	2751	+	5 content area test. This endorsement shall be required
	2752	+	6 for any individual employed as a chief school business
	2753	+	7 official.
	2754	+	8 The chief school business official endorsement on
	2755	+	9 an Educator License with Stipulations is valid until
	2756	+	10 June 30 immediately following 5 years of the
	2757	+	11 endorsement being issued and may be renewed if the
	2758	+	12 license holder completes renewal requirements as
	2759	+	13 required for individuals who hold a Professional
	2760	+	14 Educator License endorsed for chief school business
	2761	+	15 official under Section 21B-45 of this Code and such
	2762	+	16 rules as may be adopted by the State Board of
	2763	+	17 Education.
	2764	+	18 The State Board of Education shall adopt any rules
	2765	+	19 necessary to implement Public Act 100-288.
	2766	+	20 (L) Provisional in-state educator. A provisional
	2767	+	21 in-state educator endorsement on an Educator License
	2768	+	22 with Stipulations may be issued to a candidate who has
	2769	+	23 completed an Illinois-approved educator preparation
	2770	+	24 program at an Illinois institution of higher education
	2771	+	25 and who has not successfully completed an
	2772	+	26 evidence-based assessment of teacher effectiveness but
	2773	+
	2774	+
	2775	+
	2776	+
	2777	+
	2778	+	HB3641 Enrolled - 78 - LRB103 30390 HLH 56820 b
	2779	+
	2780	+
	2781	+	HB3641 Enrolled- 79 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 79 - LRB103 30390 HLH 56820 b
	2782	+	HB3641 Enrolled - 79 - LRB103 30390 HLH 56820 b
	2783	+	1 who meets all of the following requirements:
	2784	+	2 (i) Holds at least a bachelor's degree.
	2785	+	3 (ii) Has completed an approved educator
	2786	+	4 preparation program at an Illinois institution.
	2787	+	5 (iii) Has passed an applicable content area
	2788	+	6 test, as required by Section 21B-30 of this Code.
	2789	+	7 (iv) Has attempted an evidence-based
	2790	+	8 assessment of teacher effectiveness and received a
	2791	+	9 minimum score on that assessment, as established
	2792	+	10 by the State Board of Education in consultation
	2793	+	11 with the State Educator Preparation and Licensure
	2794	+	12 Board.
	2795	+	13 A provisional in-state educator endorsement on an
	2796	+	14 Educator License with Stipulations is valid for one
	2797	+	15 full fiscal year after the date of issuance and may not
	2798	+	16 be renewed.
	2799	+	17 (M) (Blank).
	2800	+	18 (N) Specialized services. A specialized services
	2801	+	19 endorsement on an Educator License with Stipulations
	2802	+	20 may be issued as defined and specified by rule.
	2803	+	21 (O) Provisional career and technical educator. A
	2804	+	22 provisional career and technical educator endorsement
	2805	+	23 on an Educator License with Stipulations may be issued
	2806	+	24 to an applicant who has a minimum of 8,000 hours of
	2807	+	25 work experience in the skill for which the applicant
	2808	+	26 is seeking the endorsement. Each employing school
	2809	+
	2810	+
	2811	+
	2812	+
	2813	+
	2814	+	HB3641 Enrolled - 79 - LRB103 30390 HLH 56820 b
	2815	+
	2816	+
	2817	+	HB3641 Enrolled- 80 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 80 - LRB103 30390 HLH 56820 b
	2818	+	HB3641 Enrolled - 80 - LRB103 30390 HLH 56820 b
	2819	+	1 board and regional office of education shall provide
	2820	+	2 verification, in writing, to the State Superintendent
	2821	+	3 of Education at the time the application is submitted
	2822	+	4 that no qualified teacher holding a Professional
	2823	+	5 Educator License or an Educator License with
	2824	+	6 Stipulations with a career and technical educator
	2825	+	7 endorsement is available to teach and that actual
	2826	+	8 circumstances require such issuance.
	2827	+	9 A provisional career and technical educator
	2828	+	10 endorsement on an Educator License with Stipulations
	2829	+	11 is valid until June 30 immediately following 5 years
	2830	+	12 of the endorsement being issued and may be renewed.
	2831	+	13 An individual who holds a provisional career and
	2832	+	14 technical educator endorsement on an Educator License
	2833	+	15 with Stipulations may teach as a substitute teacher in
	2834	+	16 career and technical education classrooms.
	2835	+	17 (3) Substitute Teaching License. A Substitute Teaching
	2836	+	18 License may be issued to qualified applicants for
	2837	+	19 substitute teaching in all grades of the public schools,
	2838	+	20 prekindergarten through grade 12. Substitute Teaching
	2839	+	21 Licenses are not eligible for endorsements. Applicants for
	2840	+	22 a Substitute Teaching License must hold a bachelor's
	2841	+	23 degree or higher from a regionally accredited institution
	2842	+	24 of higher education or must be enrolled in an approved
	2843	+	25 educator preparation program in this State and have earned
	2844	+	26 at least 90 credit hours.
	2845	+
	2846	+
	2847	+
	2848	+
	2849	+
	2850	+	HB3641 Enrolled - 80 - LRB103 30390 HLH 56820 b
	2851	+
	2852	+
	2853	+	HB3641 Enrolled- 81 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 81 - LRB103 30390 HLH 56820 b
	2854	+	HB3641 Enrolled - 81 - LRB103 30390 HLH 56820 b
	2855	+	1 Substitute Teaching Licenses are valid for 5 years.
	2856	+	2 Substitute Teaching Licenses are valid for substitute
	2857	+	3 teaching in every county of this State. If an individual
	2858	+	4 has had his or her Professional Educator License or
	2859	+	5 Educator License with Stipulations suspended or revoked,
	2860	+	6 then that individual is not eligible to obtain a
	2861	+	7 Substitute Teaching License.
	2862	+	8 A substitute teacher may only teach in the place of a
	2863	+	9 licensed teacher who is under contract with the employing
	2864	+	10 board. If, however, there is no licensed teacher under
	2865	+	11 contract because of an emergency situation, then a
	2866	+	12 district may employ a substitute teacher for no longer
	2867	+	13 than 30 calendar days per each vacant position in the
	2868	+	14 district if the district notifies the appropriate regional
	2869	+	15 office of education within 5 business days after the
	2870	+	16 employment of the substitute teacher in the emergency
	2871	+	17 situation. An emergency situation is one in which an
	2872	+	18 unforeseen vacancy has occurred and (i) a teacher is
	2873	+	19 unable to fulfill his or her contractual duties or (ii)
	2874	+	20 teacher capacity needs of the district exceed previous
	2875	+	21 indications, and the district is actively engaged in
	2876	+	22 advertising to hire a fully licensed teacher for the
	2877	+	23 vacant position.
	2878	+	24 There is no limit on the number of days that a
	2879	+	25 substitute teacher may teach in a single school district,
	2880	+	26 provided that no substitute teacher may teach for longer
	2881	+
	2882	+
	2883	+
	2884	+
	2885	+
	2886	+	HB3641 Enrolled - 81 - LRB103 30390 HLH 56820 b
	2887	+
	2888	+
	2889	+	HB3641 Enrolled- 82 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 82 - LRB103 30390 HLH 56820 b
	2890	+	HB3641 Enrolled - 82 - LRB103 30390 HLH 56820 b
	2891	+	1 than 120 days beginning with the 2021-2022 school year
	2892	+	2 through the 2022-2023 school year, otherwise 90 school
	2893	+	3 days for any one licensed teacher under contract in the
	2894	+	4 same school year. A substitute teacher who holds a
	2895	+	5 Professional Educator License or Educator License with
	2896	+	6 Stipulations shall not teach for more than 120 school days
	2897	+	7 for any one licensed teacher under contract in the same
	2898	+	8 school year. The limitations in this paragraph (3) on the
	2899	+	9 number of days a substitute teacher may be employed do not
	2900	+	10 apply to any school district operating under Article 34 of
	2901	+	11 this Code.
	2902	+	12 A school district may not require an individual who
	2903	+	13 holds a valid Professional Educator License or Educator
	2904	+	14 License with Stipulations to seek or hold a Substitute
	2905	+	15 Teaching License to teach as a substitute teacher.
	2906	+	16 (4) Short-Term Substitute Teaching License. Beginning
	2907	+	17 on July 1, 2018 and until June 30, 2028, applicants may
	2908	+	18 apply to the State Board of Education for issuance of a
	2909	+	19 Short-Term Substitute Teaching License. A Short-Term
	2910	+	20 Substitute Teaching License may be issued to a qualified
	2911	+	21 applicant for substitute teaching in all grades of the
	2912	+	22 public schools, prekindergarten through grade 12.
	2913	+	23 Short-Term Substitute Teaching Licenses are not eligible
	2914	+	24 for endorsements. Applicants for a Short-Term Substitute
	2915	+	25 Teaching License must hold an associate's degree or have
	2916	+	26 completed at least 60 credit hours from a regionally
	2917	+
	2918	+
	2919	+
	2920	+
	2921	+
	2922	+	HB3641 Enrolled - 82 - LRB103 30390 HLH 56820 b
	2923	+
	2924	+
	2925	+	HB3641 Enrolled- 83 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 83 - LRB103 30390 HLH 56820 b
	2926	+	HB3641 Enrolled - 83 - LRB103 30390 HLH 56820 b
	2927	+	1 accredited institution of higher education.
	2928	+	2 Short-Term Substitute Teaching Licenses are valid for
	2929	+	3 substitute teaching in every county of this State. If an
	2930	+	4 individual has had his or her Professional Educator
	2931	+	5 License or Educator License with Stipulations suspended or
	2932	+	6 revoked, then that individual is not eligible to obtain a
	2933	+	7 Short-Term Substitute Teaching License.
	2934	+	8 The provisions of Sections 10-21.9 and 34-18.5 of this
	2935	+	9 Code apply to short-term substitute teachers.
	2936	+	10 An individual holding a Short-Term Substitute Teaching
	2937	+	11 License may teach no more than 15 consecutive days per
	2938	+	12 licensed teacher who is under contract. For teacher
	2939	+	13 absences lasting 6 or more days per licensed teacher who
	2940	+	14 is under contract, a school district may not hire an
	2941	+	15 individual holding a Short-Term Substitute Teaching
	2942	+	16 License, unless the Governor has declared a disaster due
	2943	+	17 to a public health emergency pursuant to Section 7 of the
	2944	+	18 Illinois Emergency Management Agency Act. An individual
	2945	+	19 holding a Short-Term Substitute Teaching License must
	2946	+	20 complete the training program under Section 10-20.67 or
	2947	+	21 34-18.60 of this Code to be eligible to teach at a public
	2948	+	22 school. Short-Term Substitute Teaching Licenses Short-term
	2949	+	23 substitute teaching licenses under this Section are valid
	2950	+	24 for 5 years.
	2951	+	25 (Source: P.A. 102-711, eff. 1-1-23; 102-712, eff. 4-27-22;
	2952	+	26 102-713, eff. 1-1-23; 102-717, eff. 4-29-22; 102-894, eff.
	2953	+
	2954	+
	2955	+
	2956	+
	2957	+
	2958	+	HB3641 Enrolled - 83 - LRB103 30390 HLH 56820 b
	2959	+
	2960	+
	2961	+	HB3641 Enrolled- 84 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 84 - LRB103 30390 HLH 56820 b
	2962	+	HB3641 Enrolled - 84 - LRB103 30390 HLH 56820 b
	2963	+	1 5-20-22; 103-111, eff. 6-29-23; 103-154, eff. 6-30-23; revised
	2964	+	2 9-7-23.)
	2965	+	3 (Text of Section after amendment by P.A. 103-193)
	2966	+	4 Sec. 21B-20. Types of licenses. The State Board of
	2967	+	5 Education shall implement a system of educator licensure,
	2968	+	6 whereby individuals employed in school districts who are
	2969	+	7 required to be licensed must have one of the following
	2970	+	8 licenses: (i) a professional educator license; (ii) an
	2971	+	9 educator license with stipulations; (iii) a substitute
	2972	+	10 teaching license; or (iv) until June 30, 2028, a short-term
	2973	+	11 substitute teaching license. References in law regarding
	2974	+	12 individuals certified or certificated or required to be
	2975	+	13 certified or certificated under Article 21 of this Code shall
	2976	+	14 also include individuals licensed or required to be licensed
	2977	+	15 under this Article. The first year of all licenses ends on June
	2978	+	16 30 following one full year of the license being issued.
	2979	+	17 The State Board of Education, in consultation with the
	2980	+	18 State Educator Preparation and Licensure Board, may adopt such
	2981	+	19 rules as may be necessary to govern the requirements for
	2982	+	20 licenses and endorsements under this Section.
	2983	+	21 (1) Professional Educator License. Persons who (i)
	2984	+	22 have successfully completed an approved educator
	2985	+	23 preparation program and are recommended for licensure by
	2986	+	24 the Illinois institution offering the educator preparation
	2987	+	25 program, (ii) have successfully completed the required
	2988	+
	2989	+
	2990	+
	2991	+
	2992	+
	2993	+	HB3641 Enrolled - 84 - LRB103 30390 HLH 56820 b
	2994	+
	2995	+
	2996	+	HB3641 Enrolled- 85 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 85 - LRB103 30390 HLH 56820 b
	2997	+	HB3641 Enrolled - 85 - LRB103 30390 HLH 56820 b
	2998	+	1 testing under Section 21B-30 of this Code, (iii) have
	2999	+	2 successfully completed coursework on the psychology of,
	3000	+	3 the identification of, and the methods of instruction for
	3001	+	4 the exceptional child, including, without limitation,
	3002	+	5 children with learning disabilities, (iv) have
	3003	+	6 successfully completed coursework in methods of reading
	3004	+	7 and reading in the content area, and (v) have met all other
	3005	+	8 criteria established by rule of the State Board of
	3006	+	9 Education shall be issued a Professional Educator License.
	3007	+	10 All Professional Educator Licenses are valid until June 30
	3008	+	11 immediately following 5 years of the license being issued.
	3009	+	12 The Professional Educator License shall be endorsed with
	3010	+	13 specific areas and grade levels in which the individual is
	3011	+	14 eligible to practice. For an early childhood education
	3012	+	15 endorsement, an individual may satisfy the student
	3013	+	16 teaching requirement of his or her early childhood teacher
	3014	+	17 preparation program through placement in a setting with
	3015	+	18 children from birth through grade 2, and the individual
	3016	+	19 may be paid and receive credit while student teaching. The
	3017	+	20 student teaching experience must meet the requirements of
	3018	+	21 and be approved by the individual's early childhood
	3019	+	22 teacher preparation program.
	3020	+	23 Individuals can receive subsequent endorsements on the
	3021	+	24 Professional Educator License. Subsequent endorsements
	3022	+	25 shall require a minimum of 24 semester hours of coursework
	3023	+	26 in the endorsement area and passage of the applicable
	3024	+
	3025	+
	3026	+
	3027	+
	3028	+
	3029	+	HB3641 Enrolled - 85 - LRB103 30390 HLH 56820 b
	3030	+
	3031	+
	3032	+	HB3641 Enrolled- 86 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 86 - LRB103 30390 HLH 56820 b
	3033	+	HB3641 Enrolled - 86 - LRB103 30390 HLH 56820 b
	3034	+	1 content area test, unless otherwise specified by rule.
	3035	+	2 (2) Educator License with Stipulations. An Educator
	3036	+	3 License with Stipulations shall be issued an endorsement
	3037	+	4 that limits the license holder to one particular position
	3038	+	5 or does not require completion of an approved educator
	3039	+	6 program or both.
	3040	+	7 An individual with an Educator License with
	3041	+	8 Stipulations must not be employed by a school district or
	3042	+	9 any other entity to replace any presently employed teacher
	3043	+	10 who otherwise would not be replaced for any reason.
	3044	+	11 An Educator License with Stipulations may be issued
	3045	+	12 with the following endorsements:
	3046	+	13 (A) (Blank).
	3047	+	14 (B) Alternative provisional educator. An
	3048	+	15 alternative provisional educator endorsement on an
	3049	+	16 Educator License with Stipulations may be issued to an
	3050	+	17 applicant who, at the time of applying for the
	3051	+	18 endorsement, has done all of the following:
	3052	+	19 (i) Graduated from a regionally accredited
	3053	+	20 college or university with a minimum of a
	3054	+	21 bachelor's degree.
	3055	+	22 (ii) Successfully completed the first phase of
	3056	+	23 the Alternative Educator Licensure Program for
	3057	+	24 Teachers, as described in Section 21B-50 of this
	3058	+	25 Code.
	3059	+	26 (iii) Passed a content area test, as required
	3060	+
	3061	+
	3062	+
	3063	+
	3064	+
	3065	+	HB3641 Enrolled - 86 - LRB103 30390 HLH 56820 b
	3066	+
	3067	+
	3068	+	HB3641 Enrolled- 87 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 87 - LRB103 30390 HLH 56820 b
	3069	+	HB3641 Enrolled - 87 - LRB103 30390 HLH 56820 b
	3070	+	1 under Section 21B-30 of this Code.
	3071	+	2 The alternative provisional educator endorsement is
	3072	+	3 valid for 2 years of teaching and may be renewed for a
	3073	+	4 third year by an individual meeting the requirements set
	3074	+	5 forth in Section 21B-50 of this Code.
	3075	+	6 (C) Alternative provisional superintendent. An
	3076	+	7 alternative provisional superintendent endorsement on
	3077	+	8 an Educator License with Stipulations entitles the
	3078	+	9 holder to serve only as a superintendent or assistant
	3079	+	10 superintendent in a school district's central office.
	3080	+	11 This endorsement may only be issued to an applicant
	3081	+	12 who, at the time of applying for the endorsement, has
	3082	+	13 done all of the following:
	3083	+	14 (i) Graduated from a regionally accredited
	3084	+	15 college or university with a minimum of a master's
	3085	+	16 degree in a management field other than education.
	3086	+	17 (ii) Been employed for a period of at least 5
	3087	+	18 years in a management level position in a field
	3088	+	19 other than education.
	3089	+	20 (iii) Successfully completed the first phase
	3090	+	21 of an alternative route to superintendent
	3091	+	22 endorsement program, as provided in Section 21B-55
	3092	+	23 of this Code.
	3093	+	24 (iv) Passed a content area test required under
	3094	+	25 Section 21B-30 of this Code.
	3095	+	26 The endorsement is valid for 2 fiscal years in
	3096	+
	3097	+
	3098	+
	3099	+
	3100	+
	3101	+	HB3641 Enrolled - 87 - LRB103 30390 HLH 56820 b
	3102	+
	3103	+
	3104	+	HB3641 Enrolled- 88 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 88 - LRB103 30390 HLH 56820 b
	3105	+	HB3641 Enrolled - 88 - LRB103 30390 HLH 56820 b
	3106	+	1 order to complete one full year of serving as a
	3107	+	2 superintendent or assistant superintendent.
	3108	+	3 (D) (Blank).
	3109	+	4 (E) Career and technical educator. A career and
	3110	+	5 technical educator endorsement on an Educator License
	3111	+	6 with Stipulations may be issued to an applicant who
	3112	+	7 has a minimum of 60 semester hours of coursework from a
	3113	+	8 regionally accredited institution of higher education
	3114	+	9 or an accredited trade and technical institution and
	3115	+	10 has a minimum of 2,000 hours of experience outside of
	3116	+	11 education in each area to be taught.
	3117	+	12 The career and technical educator endorsement on
	3118	+	13 an Educator License with Stipulations is valid until
	3119	+	14 June 30 immediately following 5 years of the
	3120	+	15 endorsement being issued and may be renewed.
	3121	+	16 An individual who holds a valid career and
	3122	+	17 technical educator endorsement on an Educator License
	3123	+	18 with Stipulations but does not hold a bachelor's
	3124	+	19 degree may substitute teach in career and technical
	3125	+	20 education classrooms.
	3126	+	21 (F) (Blank).
	3127	+	22 (G) Transitional bilingual educator. A
	3128	+	23 transitional bilingual educator endorsement on an
	3129	+	24 Educator License with Stipulations may be issued for
	3130	+	25 the purpose of providing instruction in accordance
	3131	+	26 with Article 14C of this Code to an applicant who
	3132	+
	3133	+
	3134	+
	3135	+
	3136	+
	3137	+	HB3641 Enrolled - 88 - LRB103 30390 HLH 56820 b
	3138	+
	3139	+
	3140	+	HB3641 Enrolled- 89 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 89 - LRB103 30390 HLH 56820 b
	3141	+	HB3641 Enrolled - 89 - LRB103 30390 HLH 56820 b
	3142	+	1 provides satisfactory evidence that he or she meets
	3143	+	2 all of the following requirements:
	3144	+	3 (i) Possesses adequate speaking, reading, and
	3145	+	4 writing ability in the language other than English
	3146	+	5 in which transitional bilingual education is
	3147	+	6 offered.
	3148	+	7 (ii) Has the ability to successfully
	3149	+	8 communicate in English.
	3150	+	9 (iii) Either possessed, within 5 years
	3151	+	10 previous to his or her applying for a transitional
	3152	+	11 bilingual educator endorsement, a valid and
	3153	+	12 comparable teaching certificate or comparable
	3154	+	13 authorization issued by a foreign country or holds
	3155	+	14 a degree from an institution of higher learning in
	3156	+	15 a foreign country that the State Educator
	3157	+	16 Preparation and Licensure Board determines to be
	3158	+	17 the equivalent of a bachelor's degree from a
	3159	+	18 regionally accredited institution of higher
	3160	+	19 learning in the United States.
	3161	+	20 A transitional bilingual educator endorsement
	3162	+	21 shall be valid for prekindergarten through grade 12,
	3163	+	22 is valid until June 30 immediately following 5 years
	3164	+	23 of the endorsement being issued, and shall not be
	3165	+	24 renewed.
	3166	+	25 Persons holding a transitional bilingual educator
	3167	+	26 endorsement shall not be employed to replace any
	3168	+
	3169	+
	3170	+
	3171	+
	3172	+
	3173	+	HB3641 Enrolled - 89 - LRB103 30390 HLH 56820 b
	3174	+
	3175	+
	3176	+	HB3641 Enrolled- 90 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 90 - LRB103 30390 HLH 56820 b
	3177	+	HB3641 Enrolled - 90 - LRB103 30390 HLH 56820 b
	3178	+	1 presently employed teacher who otherwise would not be
	3179	+	2 replaced for any reason.
	3180	+	3 (H) Language endorsement. In an effort to
	3181	+	4 alleviate the shortage of teachers speaking a language
	3182	+	5 other than English in the public schools, an
	3183	+	6 individual who holds an Educator License with
	3184	+	7 Stipulations may also apply for a language
	3185	+	8 endorsement, provided that the applicant provides
	3186	+	9 satisfactory evidence that he or she meets all of the
	3187	+	10 following requirements:
	3188	+	11 (i) Holds a transitional bilingual
	3189	+	12 endorsement.
	3190	+	13 (ii) Has demonstrated proficiency in the
	3191	+	14 language for which the endorsement is to be issued
	3192	+	15 by passing the applicable language content test
	3193	+	16 required by the State Board of Education.
	3194	+	17 (iii) Holds a bachelor's degree or higher from
	3195	+	18 a regionally accredited institution of higher
	3196	+	19 education or, for individuals educated in a
	3197	+	20 country other than the United States, holds a
	3198	+	21 degree from an institution of higher learning in a
	3199	+	22 foreign country that the State Educator
	3200	+	23 Preparation and Licensure Board determines to be
	3201	+	24 the equivalent of a bachelor's degree from a
	3202	+	25 regionally accredited institution of higher
	3203	+	26 learning in the United States.
	3204	+
	3205	+
	3206	+
	3207	+
	3208	+
	3209	+	HB3641 Enrolled - 90 - LRB103 30390 HLH 56820 b
	3210	+
	3211	+
	3212	+	HB3641 Enrolled- 91 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 91 - LRB103 30390 HLH 56820 b
	3213	+	HB3641 Enrolled - 91 - LRB103 30390 HLH 56820 b
	3214	+	1 (iv) (Blank).
	3215	+	2 A language endorsement on an Educator License with
	3216	+	3 Stipulations is valid for prekindergarten through
	3217	+	4 grade 12 for the same validity period as the
	3218	+	5 individual's transitional bilingual educator
	3219	+	6 endorsement on the Educator License with Stipulations
	3220	+	7 and shall not be renewed.
	3221	+	8 (I) Visiting international educator. A visiting
	3222	+	9 international educator endorsement on an Educator
	3223	+	10 License with Stipulations may be issued to an
	3224	+	11 individual who is being recruited by a particular
	3225	+	12 school district that conducts formal recruitment
	3226	+	13 programs outside of the United States to secure the
	3227	+	14 services of qualified teachers and who meets all of
	3228	+	15 the following requirements:
	3229	+	16 (i) Holds the equivalent of a minimum of a
	3230	+	17 bachelor's degree issued in the United States.
	3231	+	18 (ii) Has been prepared as a teacher at the
	3232	+	19 grade level for which he or she will be employed.
	3233	+	20 (iii) Has adequate content knowledge in the
	3234	+	21 subject to be taught.
	3235	+	22 (iv) Has an adequate command of the English
	3236	+	23 language.
	3237	+	24 A holder of a visiting international educator
	3238	+	25 endorsement on an Educator License with Stipulations
	3239	+	26 shall be permitted to teach in bilingual education
	3240	+
	3241	+
	3242	+
	3243	+
	3244	+
	3245	+	HB3641 Enrolled - 91 - LRB103 30390 HLH 56820 b
	3246	+
	3247	+
	3248	+	HB3641 Enrolled- 92 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 92 - LRB103 30390 HLH 56820 b
	3249	+	HB3641 Enrolled - 92 - LRB103 30390 HLH 56820 b
	3250	+	1 programs in the language that was the medium of
	3251	+	2 instruction in his or her teacher preparation program,
	3252	+	3 provided that he or she passes the English Language
	3253	+	4 Proficiency Examination or another test of writing
	3254	+	5 skills in English identified by the State Board of
	3255	+	6 Education, in consultation with the State Educator
	3256	+	7 Preparation and Licensure Board.
	3257	+	8 A visiting international educator endorsement on
	3258	+	9 an Educator License with Stipulations is valid for 5
	3259	+	10 years and shall not be renewed.
	3260	+	11 (J) Paraprofessional educator. A paraprofessional
	3261	+	12 educator endorsement on an Educator License with
	3262	+	13 Stipulations may be issued to an applicant who holds a
	3263	+	14 high school diploma or its recognized equivalent and
	3264	+	15 (i) holds an associate's degree or a minimum of 60
	3265	+	16 semester hours of credit from a regionally accredited
	3266	+	17 institution of higher education; (ii) has passed a
	3267	+	18 paraprofessional competency test under subsection
	3268	+	19 (c-5) of Section 21B-30; or (iii) is at least 18 years
	3269	+	20 of age and will be using the Educator License with
	3270	+	21 Stipulations exclusively for grades prekindergarten
	3271	+	22 through grade 8, until the individual reaches the age
	3272	+	23 of 19 years and otherwise meets the criteria for a
	3273	+	24 paraprofessional educator endorsement pursuant to this
	3274	+	25 subparagraph (J). The paraprofessional educator
	3275	+	26 endorsement is valid until June 30 immediately
	3276	+
	3277	+
	3278	+
	3279	+
	3280	+
	3281	+	HB3641 Enrolled - 92 - LRB103 30390 HLH 56820 b
	3282	+
	3283	+
	3284	+	HB3641 Enrolled- 93 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 93 - LRB103 30390 HLH 56820 b
	3285	+	HB3641 Enrolled - 93 - LRB103 30390 HLH 56820 b
	3286	+	1 following 5 years of the endorsement being issued and
	3287	+	2 may be renewed through application and payment of the
	3288	+	3 appropriate fee, as required under Section 21B-40 of
	3289	+	4 this Code. An individual who holds only a
	3290	+	5 paraprofessional educator endorsement is not subject
	3291	+	6 to additional requirements in order to renew the
	3292	+	7 endorsement.
	3293	+	8 (K) Chief school business official. A chief school
	3294	+	9 business official endorsement on an Educator License
	3295	+	10 with Stipulations may be issued to an applicant who
	3296	+	11 qualifies by having a master's degree or higher, 2
	3297	+	12 years of full-time administrative experience in school
	3298	+	13 business management or 2 years of university-approved
	3299	+	14 practical experience, and a minimum of 24 semester
	3300	+	15 hours of graduate credit in a program approved by the
	3301	+	16 State Board of Education for the preparation of school
	3302	+	17 business administrators and by passage of the
	3303	+	18 applicable State tests, including an applicable
	3304	+	19 content area test.
	3305	+	20 The chief school business official endorsement may
	3306	+	21 also be affixed to the Educator License with
	3307	+	22 Stipulations of any holder who qualifies by having a
	3308	+	23 master's degree in business administration, finance,
	3309	+	24 accounting, or public administration and who completes
	3310	+	25 an additional 6 semester hours of internship in school
	3311	+	26 business management from a regionally accredited
	3312	+
	3313	+
	3314	+
	3315	+
	3316	+
	3317	+	HB3641 Enrolled - 93 - LRB103 30390 HLH 56820 b
	3318	+
	3319	+
	3320	+	HB3641 Enrolled- 94 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 94 - LRB103 30390 HLH 56820 b
	3321	+	HB3641 Enrolled - 94 - LRB103 30390 HLH 56820 b
	3322	+	1 institution of higher education and passes the
	3323	+	2 applicable State tests, including an applicable
	3324	+	3 content area test. This endorsement shall be required
	3325	+	4 for any individual employed as a chief school business
	3326	+	5 official.
	3327	+	6 The chief school business official endorsement on
	3328	+	7 an Educator License with Stipulations is valid until
	3329	+	8 June 30 immediately following 5 years of the
	3330	+	9 endorsement being issued and may be renewed if the
	3331	+	10 license holder completes renewal requirements as
	3332	+	11 required for individuals who hold a Professional
	3333	+	12 Educator License endorsed for chief school business
	3334	+	13 official under Section 21B-45 of this Code and such
	3335	+	14 rules as may be adopted by the State Board of
	3336	+	15 Education.
	3337	+	16 The State Board of Education shall adopt any rules
	3338	+	17 necessary to implement Public Act 100-288.
	3339	+	18 (L) Provisional in-state educator. A provisional
	3340	+	19 in-state educator endorsement on an Educator License
	3341	+	20 with Stipulations may be issued to a candidate who has
	3342	+	21 completed an Illinois-approved educator preparation
	3343	+	22 program at an Illinois institution of higher education
	3344	+	23 and who has not successfully completed an
	3345	+	24 evidence-based assessment of teacher effectiveness but
	3346	+	25 who meets all of the following requirements:
	3347	+	26 (i) Holds at least a bachelor's degree.
	3348	+
	3349	+
	3350	+
	3351	+
	3352	+
	3353	+	HB3641 Enrolled - 94 - LRB103 30390 HLH 56820 b
	3354	+
	3355	+
	3356	+	HB3641 Enrolled- 95 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 95 - LRB103 30390 HLH 56820 b
	3357	+	HB3641 Enrolled - 95 - LRB103 30390 HLH 56820 b
	3358	+	1 (ii) Has completed an approved educator
	3359	+	2 preparation program at an Illinois institution.
	3360	+	3 (iii) Has passed an applicable content area
	3361	+	4 test, as required by Section 21B-30 of this Code.
	3362	+	5 (iv) Has attempted an evidence-based
	3363	+	6 assessment of teacher effectiveness and received a
	3364	+	7 minimum score on that assessment, as established
	3365	+	8 by the State Board of Education in consultation
	3366	+	9 with the State Educator Preparation and Licensure
	3367	+	10 Board.
	3368	+	11 A provisional in-state educator endorsement on an
	3369	+	12 Educator License with Stipulations is valid for one
	3370	+	13 full fiscal year after the date of issuance and may not
	3371	+	14 be renewed.
	3372	+	15 (M) (Blank).
	3373	+	16 (N) Specialized services. A specialized services
	3374	+	17 endorsement on an Educator License with Stipulations
	3375	+	18 may be issued as defined and specified by rule.
	3376	+	19 (O) Provisional career and technical educator. A
	3377	+	20 provisional career and technical educator endorsement
	3378	+	21 on an Educator License with Stipulations may be issued
	3379	+	22 to an applicant who has a minimum of 8,000 hours of
	3380	+	23 work experience in the skill for which the applicant
	3381	+	24 is seeking the endorsement. Each employing school
	3382	+	25 board and regional office of education shall provide
	3383	+	26 verification, in writing, to the State Superintendent
	3384	+
	3385	+
	3386	+
	3387	+
	3388	+
	3389	+	HB3641 Enrolled - 95 - LRB103 30390 HLH 56820 b
	3390	+
	3391	+
	3392	+	HB3641 Enrolled- 96 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 96 - LRB103 30390 HLH 56820 b
	3393	+	HB3641 Enrolled - 96 - LRB103 30390 HLH 56820 b
	3394	+	1 of Education at the time the application is submitted
	3395	+	2 that no qualified teacher holding a Professional
	3396	+	3 Educator License or an Educator License with
	3397	+	4 Stipulations with a career and technical educator
	3398	+	5 endorsement is available to teach and that actual
	3399	+	6 circumstances require such issuance.
	3400	+	7 A provisional career and technical educator
	3401	+	8 endorsement on an Educator License with Stipulations
	3402	+	9 is valid until June 30 immediately following 5 years
	3403	+	10 of the endorsement being issued and may be renewed.
	3404	+	11 An individual who holds a provisional career and
	3405	+	12 technical educator endorsement on an Educator License
	3406	+	13 with Stipulations may teach as a substitute teacher in
	3407	+	14 career and technical education classrooms.
	3408	+	15 (3) Substitute Teaching License. A Substitute Teaching
	3409	+	16 License may be issued to qualified applicants for
	3410	+	17 substitute teaching in all grades of the public schools,
	3411	+	18 prekindergarten through grade 12. Substitute Teaching
	3412	+	19 Licenses are not eligible for endorsements. Applicants for
	3413	+	20 a Substitute Teaching License must hold a bachelor's
	3414	+	21 degree or higher from a regionally accredited institution
	3415	+	22 of higher education or must be enrolled in an approved
	3416	+	23 educator preparation program in this State and have earned
	3417	+	24 at least 90 credit hours.
	3418	+	25 Substitute Teaching Licenses are valid for 5 years.
	3419	+	26 Substitute Teaching Licenses are valid for substitute
	3420	+
	3421	+
	3422	+
	3423	+
	3424	+
	3425	+	HB3641 Enrolled - 96 - LRB103 30390 HLH 56820 b
	3426	+
	3427	+
	3428	+	HB3641 Enrolled- 97 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 97 - LRB103 30390 HLH 56820 b
	3429	+	HB3641 Enrolled - 97 - LRB103 30390 HLH 56820 b
	3430	+	1 teaching in every county of this State. If an individual
	3431	+	2 has had his or her Professional Educator License or
	3432	+	3 Educator License with Stipulations suspended or revoked,
	3433	+	4 then that individual is not eligible to obtain a
	3434	+	5 Substitute Teaching License.
	3435	+	6 A substitute teacher may only teach in the place of a
	3436	+	7 licensed teacher who is under contract with the employing
	3437	+	8 board. If, however, there is no licensed teacher under
	3438	+	9 contract because of an emergency situation, then a
	3439	+	10 district may employ a substitute teacher for no longer
	3440	+	11 than 30 calendar days per each vacant position in the
	3441	+	12 district if the district notifies the appropriate regional
	3442	+	13 office of education within 5 business days after the
	3443	+	14 employment of the substitute teacher in that vacant
	3444	+	15 position. A district may continue to employ that same
	3445	+	16 substitute teacher in that same vacant position for 90
	3446	+	17 calendar days or until the end of the semester, whichever
	3447	+	18 is greater, if, prior to the expiration of the
	3448	+	19 30-calendar-day period then current, the district files a
	3449	+	20 written request with the appropriate regional office of
	3450	+	21 education for a 30-calendar-day extension on the basis
	3451	+	22 that the position remains vacant and the district
	3452	+	23 continues to actively seek qualified candidates and
	3453	+	24 provides documentation that it has provided training
	3454	+	25 specific to the position, including training on meeting
	3455	+	26 the needs of students with disabilities and English
	3456	+
	3457	+
	3458	+
	3459	+
	3460	+
	3461	+	HB3641 Enrolled - 97 - LRB103 30390 HLH 56820 b
	3462	+
	3463	+
	3464	+	HB3641 Enrolled- 98 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 98 - LRB103 30390 HLH 56820 b
	3465	+	HB3641 Enrolled - 98 - LRB103 30390 HLH 56820 b
	3466	+	1 learners if applicable. Each extension request shall be
	3467	+	2 granted in writing by the regional office of education. An
	3468	+	3 emergency situation is one in which an unforeseen vacancy
	3469	+	4 has occurred and (i) a teacher is unexpectedly unable to
	3470	+	5 fulfill his or her contractual duties or (ii) teacher
	3471	+	6 capacity needs of the district exceed previous indications
	3472	+	7 or vacancies are unfilled due to a lack of qualified
	3473	+	8 candidates, and the district is actively engaged in
	3474	+	9 advertising to hire a fully licensed teacher for the
	3475	+	10 vacant position.
	3476	+	11 There is no limit on the number of days that a
	3477	+	12 substitute teacher may teach in a single school district,
	3478	+	13 provided that no substitute teacher may teach for longer
	3479	+	14 than 120 days beginning with the 2021-2022 school year
	3480	+	15 through the 2022-2023 school year, otherwise 90 school
	3481	+	16 days for any one licensed teacher under contract in the
	3482	+	17 same school year. A substitute teacher who holds a
	3483	+	18 Professional Educator License or Educator License with
	3484	+	19 Stipulations shall not teach for more than 120 school days
	3485	+	20 for any one licensed teacher under contract in the same
	3486	+	21 school year. The limitations in this paragraph (3) on the
	3487	+	22 number of days a substitute teacher may be employed do not
	3488	+	23 apply to any school district operating under Article 34 of
	3489	+	24 this Code.
	3490	+	25 A school district may not require an individual who
	3491	+	26 holds a valid Professional Educator License or Educator
	3492	+
	3493	+
	3494	+
	3495	+
	3496	+
	3497	+	HB3641 Enrolled - 98 - LRB103 30390 HLH 56820 b
	3498	+
	3499	+
	3500	+	HB3641 Enrolled- 99 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 99 - LRB103 30390 HLH 56820 b
	3501	+	HB3641 Enrolled - 99 - LRB103 30390 HLH 56820 b
	3502	+	1 License with Stipulations to seek or hold a Substitute
	3503	+	2 Teaching License to teach as a substitute teacher.
	3504	+	3 (4) Short-Term Substitute Teaching License. Beginning
	3505	+	4 on July 1, 2018 and until June 30, 2028, applicants may
	3506	+	5 apply to the State Board of Education for issuance of a
	3507	+	6 Short-Term Substitute Teaching License. A Short-Term
	3508	+	7 Substitute Teaching License may be issued to a qualified
	3509	+	8 applicant for substitute teaching in all grades of the
	3510	+	9 public schools, prekindergarten through grade 12.
	3511	+	10 Short-Term Substitute Teaching Licenses are not eligible
	3512	+	11 for endorsements. Applicants for a Short-Term Substitute
	3513	+	12 Teaching License must hold an associate's degree or have
	3514	+	13 completed at least 60 credit hours from a regionally
	3515	+	14 accredited institution of higher education.
	3516	+	15 Short-Term Substitute Teaching Licenses are valid for
	3517	+	16 substitute teaching in every county of this State. If an
	3518	+	17 individual has had his or her Professional Educator
	3519	+	18 License or Educator License with Stipulations suspended or
	3520	+	19 revoked, then that individual is not eligible to obtain a
	3521	+	20 Short-Term Substitute Teaching License.
	3522	+	21 The provisions of Sections 10-21.9 and 34-18.5 of this
	3523	+	22 Code apply to short-term substitute teachers.
	3524	+	23 An individual holding a Short-Term Substitute Teaching
	3525	+	24 License may teach no more than 15 consecutive days per
	3526	+	25 licensed teacher who is under contract. For teacher
	3527	+	26 absences lasting 6 or more days per licensed teacher who
	3528	+
	3529	+
	3530	+
	3531	+
	3532	+
	3533	+	HB3641 Enrolled - 99 - LRB103 30390 HLH 56820 b
	3534	+
	3535	+
	3536	+	HB3641 Enrolled- 100 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 100 - LRB103 30390 HLH 56820 b
	3537	+	HB3641 Enrolled - 100 - LRB103 30390 HLH 56820 b
	3538	+	1 is under contract, a school district may not hire an
	3539	+	2 individual holding a Short-Term Substitute Teaching
	3540	+	3 License, unless the Governor has declared a disaster due
	3541	+	4 to a public health emergency pursuant to Section 7 of the
	3542	+	5 Illinois Emergency Management Agency Act. An individual
	3543	+	6 holding a Short-Term Substitute Teaching License must
	3544	+	7 complete the training program under Section 10-20.67 or
	3545	+	8 34-18.60 of this Code to be eligible to teach at a public
	3546	+	9 school. Short-Term Substitute Teaching Licenses Short-term
	3547	+	10 substitute teaching licenses under this Section are valid
	3548	+	11 for 5 years.
	3549	+	12 (Source: P.A. 102-711, eff. 1-1-23; 102-712, eff. 4-27-22;
	3550	+	13 102-713, eff. 1-1-23; 102-717, eff. 4-29-22; 102-894, eff.
	3551	+	14 5-20-22; 103-111, eff. 6-29-23; 103-154, eff. 6-30-23;
	3552	+	15 103-193, eff. 1-1-24; revised 9-7-23.)
	3553	+	16 (105 ILCS 5/22-96)
	3554	+	17 (This Section may contain text from a Public Act with a
	3555	+	18 delayed effective date)
	3556	+	19 Sec. 22-96 22-95. Hiring or assigning priority.
	3557	+	20 (a) When hiring or assigning physical education, music,
	3558	+	21 and visual arts educators, a school district must prioritize
	3559	+	22 the hiring or assigning of educators who hold an educator
	3560	+	23 license and endorsement in the those content area to be taught
	3561	+	24 areas.
	3562	+	25 (b) A licensed professional educator assigned to physical
	3563	+
	3564	+
	3565	+
	3566	+
	3567	+
	3568	+	HB3641 Enrolled - 100 - LRB103 30390 HLH 56820 b
	3569	+
	3570	+
	3571	+	HB3641 Enrolled- 101 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 101 - LRB103 30390 HLH 56820 b
	3572	+	HB3641 Enrolled - 101 - LRB103 30390 HLH 56820 b
	3573	+	1 education, music, or visual arts who does not hold an
	3574	+	2 endorsement in the content area to be taught licensure
	3575	+	3 applicant must acquire short-term approval under Part 25 of
	3576	+	4 Title 23 of the Illinois Administrative Code by the State
	3577	+	5 Board of Education pass the licensure content area test for
	3578	+	6 the content area he or she is assigned to teach or complete at
	3579	+	7 least 9 semester hours of coursework in the content area to be
	3580	+	8 taught prior to his or her assignment or employment start
	3581	+	9 date. If no short-term approval is available in the content
	3582	+	10 area to be taught, the licensed educator shall meet equivalent
	3583	+	11 criteria specified by the State Board of Education. In order
	3584	+	12 to retain his or her employment for subsequent school years,
	3585	+	13 the educator employee must acquire the full endorsement in the
	3586	+	14 content area to be taught prior to the end of the validity
	3587	+	15 period of the short-term approval complete the remaining hours
	3588	+	16 of coursework in the content area in which he or she is
	3589	+	17 teaching and apply for a license endorsement within 3 calendar
	3590	+	18 years after his or her employment start date.
	3591	+	19 (c) In the case of a reduction in force, a school district
	3592	+	20 may follow its employee contract language for filling
	3593	+	21 positions.
	3594	+	22 (d) Instead of holding the credentials specified in
	3595	+	23 subsection (a) or (b) of this Section, an educator assigned to
	3596	+	24 a position under this Section may meet any requirements set
	3597	+	25 forth under Title 23 of the Illinois Administrative Code as
	3598	+	26 applicable to the content area to be taught, except that
	3599	+
	3600	+
	3601	+
	3602	+
	3603	+
	3604	+	HB3641 Enrolled - 101 - LRB103 30390 HLH 56820 b
	3605	+
	3606	+
	3607	+	HB3641 Enrolled- 102 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 102 - LRB103 30390 HLH 56820 b
	3608	+	HB3641 Enrolled - 102 - LRB103 30390 HLH 56820 b
	3609	+	1 subsection (b) of Section 1.710 of Title 23 of the Illinois
	3610	+	2 Administrative Code does not apply to an educator assigned to
	3611	+	3 a position under this subsection (d).
	3612	+	4 (Source: P.A. 103-46, eff. 1-1-24; revised 9-25-23.)
	3613	+	5 (105 ILCS 5/27-20.3) (from Ch. 122, par. 27-20.3)
	3614	+	6 Sec. 27-20.3. Holocaust and Genocide Study.
	3615	+	7 (a) Every public elementary school and high school shall
	3616	+	8 include in its curriculum a unit of instruction studying the
	3617	+	9 events of the Nazi atrocities of 1933 to 1945. This period in
	3618	+	10 world history is known as the Holocaust, during which
	3619	+	11 6,000,000 Jews and millions of non-Jews were exterminated. One
	3620	+	12 of the universal lessons of the Holocaust is that national,
	3621	+	13 ethnic, racial, or religious hatred can overtake any nation or
	3622	+	14 society, leading to calamitous consequences. To reinforce that
	3623	+	15 lesson, such curriculum shall include an additional unit of
	3624	+	16 instruction studying other acts of genocide across the globe.
	3625	+	17 This unit shall include, but not be limited to, the Native
	3626	+	18 American genocide in North America, the Armenian Genocide, the
	3627	+	19 Famine-Genocide in Ukraine, and more recent atrocities in
	3628	+	20 Cambodia, Bosnia, Rwanda, and Sudan. The studying of this
	3629	+	21 material is a reaffirmation of the commitment of free peoples
	3630	+	22 from all nations to never again permit the occurrence of
	3631	+	23 another Holocaust and a recognition that crimes of genocide
	3632	+	24 continue to be perpetrated across the globe as they have been
	3633	+	25 in the past and to deter indifference to crimes against
	3634	+
	3635	+
	3636	+
	3637	+
	3638	+
	3639	+	HB3641 Enrolled - 102 - LRB103 30390 HLH 56820 b
	3640	+
	3641	+
	3642	+	HB3641 Enrolled- 103 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 103 - LRB103 30390 HLH 56820 b
	3643	+	HB3641 Enrolled - 103 - LRB103 30390 HLH 56820 b
	3644	+	1 humanity and human suffering wherever they may occur.
	3645	+	2 (b) The State Superintendent of Education may prepare and
	3646	+	3 make available to all school boards instructional materials
	3647	+	4 which may be used as guidelines for development of a unit of
	3648	+	5 instruction under this Section; provided, however, that each
	3649	+	6 school board shall itself determine the minimum amount of
	3650	+	7 instruction time which shall qualify as a unit of instruction
	3651	+	8 satisfying the requirements of this Section.
	3652	+	9 Instructional materials that include the addition of
	3653	+	10 content related to the Native American genocide in North
	3654	+	11 America shall be prepared and made available to all school
	3655	+	12 boards on the State Board of Education's Internet website no
	3656	+	13 later than July 1, 2024 January 1, 2025. Notwithstanding
	3657	+	14 subsection (a) of this Section, a school is not required to
	3658	+	15 teach the additional content related to the Native American
	3659	+	16 genocide in North America until instructional materials are
	3660	+	17 made available on the State Board's Internet website.
	3661	+	18 Instructional materials related to the Native American
	3662	+	19 genocide in North America shall be developed in consultation
	3663	+	20 with members of the Chicago American Indian Community
	3664	+	21 Collaborative who are members of a federally recognized tribe,
	3665	+	22 are documented descendants of Indigenous communities, or are
	3666	+	23 other persons recognized as contributing community members by
	3667	+	24 the Chicago American Indian Community Collaborative and who
	3668	+	25 currently reside in this State or their designees.
	3669	+	26 (Source: P.A. 103-422, eff. 8-4-23.)
	3670	+
	3671	+
	3672	+
	3673	+
	3674	+
	3675	+	HB3641 Enrolled - 103 - LRB103 30390 HLH 56820 b
	3676	+
	3677	+
	3678	+	HB3641 Enrolled- 104 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 104 - LRB103 30390 HLH 56820 b
	3679	+	HB3641 Enrolled - 104 - LRB103 30390 HLH 56820 b
	3680	+	1 (105 ILCS 5/27-21) (from Ch. 122, par. 27-21)
	3681	+	2 Sec. 27-21. History of United States.
	3682	+	3 (a) History of the United States shall be taught in all
	3683	+	4 public schools and in all other educational institutions in
	3684	+	5 this State supported or maintained, in whole or in part, by
	3685	+	6 public funds.
	3686	+	7 The teaching of history shall have as one of its
	3687	+	8 objectives the imparting to pupils of a comprehensive idea of
	3688	+	9 our democratic form of government and the principles for which
	3689	+	10 our government stands as regards other nations, including the
	3690	+	11 studying of the place of our government in world-wide
	3691	+	12 movements and the leaders thereof, with particular stress upon
	3692	+	13 the basic principles and ideals of our representative form of
	3693	+	14 government.
	3694	+	15 The teaching of history shall include a study of the role
	3695	+	16 and contributions of African Americans and other ethnic
	3696	+	17 groups, including, but not restricted to, Native Americans,
	3697	+	18 Polish, Lithuanian, German, Hungarian, Irish, Bohemian,
	3698	+	19 Russian, Albanian, Italian, Czech, Slovak, French, Scots,
	3699	+	20 Hispanics, Asian Americans, etc., in the history of this
	3700	+	21 country and this State. To reinforce the study of the role and
	3701	+	22 contributions of Hispanics, such curriculum shall include the
	3702	+	23 study of the events related to the forceful removal and
	3703	+	24 illegal deportation of Mexican-American U.S. citizens during
	3704	+	25 the Great Depression.
	3705	+
	3706	+
	3707	+
	3708	+
	3709	+
	3710	+	HB3641 Enrolled - 104 - LRB103 30390 HLH 56820 b
	3711	+
	3712	+
	3713	+	HB3641 Enrolled- 105 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 105 - LRB103 30390 HLH 56820 b
	3714	+	HB3641 Enrolled - 105 - LRB103 30390 HLH 56820 b
	3715	+	1 The teaching of history shall also include teaching about
	3716	+	2 Native American nations' sovereignty and self-determination,
	3717	+	3 both historically and in the present day, with a focus on urban
	3718	+	4 Native Americans.
	3719	+	5 In public schools only, the teaching of history shall
	3720	+	6 include a study of the roles and contributions of lesbian,
	3721	+	7 gay, bisexual, and transgender people in the history of this
	3722	+	8 country and this State.
	3723	+	9 The teaching of history also shall include a study of the
	3724	+	10 role of labor unions and their interaction with government in
	3725	+	11 achieving the goals of a mixed free enterprise system.
	3726	+	12 Beginning with the 2020-2021 school year, the teaching of
	3727	+	13 history must also include instruction on the history of
	3728	+	14 Illinois.
	3729	+	15 The teaching of history shall include the contributions
	3730	+	16 made to society by Americans of different faith practices,
	3731	+	17 including, but not limited to, Native Americans, Muslim
	3732	+	18 Americans, Jewish Americans, Christian Americans, Hindu
	3733	+	19 Americans, Sikh Americans, Buddhist Americans, and any other
	3734	+	20 collective community of faith that has shaped America.
	3735	+	21 (b) No pupils shall be graduated from the eighth grade of
	3736	+	22 any public school unless the pupils have received instruction
	3737	+	23 in the history of the United States as provided in this Section
	3738	+	24 and give evidence of having a comprehensive knowledge thereof,
	3739	+	25 which may be administered remotely.
	3740	+	26 (c) The State Superintendent of Education may prepare and
	3741	+
	3742	+
	3743	+
	3744	+
	3745	+
	3746	+	HB3641 Enrolled - 105 - LRB103 30390 HLH 56820 b
	3747	+
	3748	+
	3749	+	HB3641 Enrolled- 106 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 106 - LRB103 30390 HLH 56820 b
	3750	+	HB3641 Enrolled - 106 - LRB103 30390 HLH 56820 b
	3751	+	1 make available to all school boards instructional materials
	3752	+	2 that may be used as guidelines for the development of
	3753	+	3 instruction under this Section; however, each school board
	3754	+	4 shall itself determine the minimum amount of instructional
	3755	+	5 time required for satisfying the requirements of this Section.
	3756	+	6 Instructional materials that include the addition of content
	3757	+	7 related to Native Americans shall be prepared by the State
	3758	+	8 Superintendent of Education and made available to all school
	3759	+	9 boards on the State Board of Education's Internet website no
	3760	+	10 later than July 1, 2024 January 1, 2025. These instructional
	3761	+	11 materials may be used by school boards as guidelines for the
	3762	+	12 development of instruction under this Section; however, each
	3763	+	13 school board shall itself determine the minimum amount of
	3764	+	14 instructional time for satisfying the requirements of this
	3765	+	15 Section. Notwithstanding subsections (a) and (b) of this
	3766	+	16 Section, a school or other educational institution is not
	3767	+	17 required to teach and a pupil is not required to learn the
	3768	+	18 additional content related to Native Americans until
	3769	+	19 instructional materials are made available on the State
	3770	+	20 Board's Internet website.
	3771	+	21 Instructional materials related to Native Americans shall
	3772	+	22 be developed in consultation with members of the Chicago
	3773	+	23 American Indian Community Collaborative who are members of a
	3774	+	24 federally recognized tribe, are documented descendants of
	3775	+	25 Indigenous communities, or are other persons recognized as
	3776	+	26 contributing community members by the Chicago American Indian
	3777	+
	3778	+
	3779	+
	3780	+
	3781	+
	3782	+	HB3641 Enrolled - 106 - LRB103 30390 HLH 56820 b
	3783	+
	3784	+
	3785	+	HB3641 Enrolled- 107 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 107 - LRB103 30390 HLH 56820 b
	3786	+	HB3641 Enrolled - 107 - LRB103 30390 HLH 56820 b
	3787	+	1 Community Collaborative and who currently reside in this
	3788	+	2 State.
	3789	+	3 (Source: P.A. 102-411, eff. 1-1-22; 103-422, eff. 8-4-23.)
	3790	+	4 Section 45. The Child Care Act of 1969 is amended by
	3791	+	5 changing Sections 2.06 and 2.17 and by adding Section 2.35 as
	3792	+	6 follows:
	3793	+	7 (225 ILCS 10/2.06) (from Ch. 23, par. 2212.06)
	3794	+	8 Sec. 2.06. "Child care institution" means a child care
	3795	+	9 facility where more than 7 children are received and
	3796	+	10 maintained for the purpose of providing them with care or
	3797	+	11 training or both. The term "child care institution" includes
	3798	+	12 residential schools, primarily serving ambulatory children
	3799	+	13 with disabilities, and those operating a full calendar year,
	3800	+	14 but does not include:
	3801	+	15 (a) any State-operated institution for child care
	3802	+	16 established by legislative action;
	3803	+	17 (b) any juvenile detention or shelter care home
	3804	+	18 established and operated by any county or child protection
	3805	+	19 district established under the "Child Protection Act";
	3806	+	20 (c) any institution, home, place or facility operating
	3807	+	21 under a license pursuant to the Nursing Home Care Act, the
	3808	+	22 Specialized Mental Health Rehabilitation Act of 2013, the
	3809	+	23 ID/DD Community Care Act, or the MC/DD Act;
	3810	+	24 (d) any bona fide boarding school in which children
	3811	+
	3812	+
	3813	+
	3814	+
	3815	+
	3816	+	HB3641 Enrolled - 107 - LRB103 30390 HLH 56820 b
	3817	+
	3818	+
	3819	+	HB3641 Enrolled- 108 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 108 - LRB103 30390 HLH 56820 b
	3820	+	HB3641 Enrolled - 108 - LRB103 30390 HLH 56820 b
	3821	+	1 are primarily taught branches of education corresponding
	3822	+	2 to those taught in public schools, grades one through 12,
	3823	+	3 or taught in public elementary schools, high schools, or
	3824	+	4 both elementary and high schools, and which operates on a
	3825	+	5 regular academic school year basis; or
	3826	+	6 (e) any facility licensed as a "group home" as defined
	3827	+	7 in this Act; or .
	3828	+	8 (f) any qualified residential treatment program.
	3829	+	9 (Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15;
	3830	+	10 99-180, eff. 7-29-15; 99-642, eff. 7-28-16.)
	3831	+	11 (225 ILCS 10/2.17) (from Ch. 23, par. 2212.17)
	3832	+	12 Sec. 2.17. "Foster family home" means the home of an
	3833	+	13 individual or family:
	3834	+	14 (1) that is licensed or approved by the state in which it
	3835	+	15 is situated as a foster family home that meets the standards
	3836	+	16 established for the licensing or approval; and
	3837	+	17 (2) in which a child in foster care has been placed in the
	3838	+	18 care of an individual who resides with the child and who has
	3839	+	19 been licensed or approved by the state to be a foster parent
	3840	+	20 and:
	3841	+	21 (A) who the Department of Children and Family Services
	3842	+	22 deems capable of adhering to the reasonable and prudent
	3843	+	23 parent standard;
	3844	+	24 (B) who provides 24-hour substitute care for children
	3845	+	25 placed away from their parents or other caretakers; and
	3846	+
	3847	+
	3848	+
	3849	+
	3850	+
	3851	+	HB3641 Enrolled - 108 - LRB103 30390 HLH 56820 b
	3852	+
	3853	+
	3854	+	HB3641 Enrolled- 109 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 109 - LRB103 30390 HLH 56820 b
	3855	+	HB3641 Enrolled - 109 - LRB103 30390 HLH 56820 b
	3856	+	1 (3) who provides the care for a facility for child care in
	3857	+	2 residences of families who receive no more than 6 children
	3858	+	3 unrelated to them, unless all the children are of common
	3859	+	4 parentage, or residences of relatives who receive no more than
	3860	+	5 6 related children placed by the Department, unless the
	3861	+	6 children are of common parentage, for the purpose of providing
	3862	+	7 family care and training for the children on a full-time
	3863	+	8 basis, except the Director of Children and Family Services,
	3864	+	9 pursuant to Department regulations, may waive the numerical
	3865	+	10 limitation of foster children who may be cared for in a foster
	3866	+	11 family home for any of the following reasons to allow: (i) (1)
	3867	+	12 a parenting youth in foster care to remain with the child of
	3868	+	13 the parenting youth; (ii) (2) siblings to remain together;
	3869	+	14 (iii) (3) a child with an established meaningful relationship
	3870	+	15 with the family to remain with the family; or (iv) (4) a family
	3871	+	16 with special training or skills to provide care to a child who
	3872	+	17 has a severe disability. The family's or relative's own
	3873	+	18 children, under 18 years of age, shall be included in
	3874	+	19 determining the maximum number of children served.
	3875	+	20 For purposes of this Section, a "relative" includes any
	3876	+	21 person, 21 years of age or over, other than the parent, who (i)
	3877	+	22 is currently related to the child in any of the following ways
	3878	+	23 by blood or adoption: grandparent, sibling, great-grandparent,
	3879	+	24 uncle, aunt, nephew, niece, first cousin, great-uncle, or
	3880	+	25 great-aunt; or (ii) is the spouse of such a relative; or (iii)
	3881	+	26 is a child's step-father, step-mother, or adult step-brother
	3882	+
	3883	+
	3884	+
	3885	+
	3886	+
	3887	+	HB3641 Enrolled - 109 - LRB103 30390 HLH 56820 b
	3888	+
	3889	+
	3890	+	HB3641 Enrolled- 110 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 110 - LRB103 30390 HLH 56820 b
	3891	+	HB3641 Enrolled - 110 - LRB103 30390 HLH 56820 b
	3892	+	1 or step-sister; or (iv) is a fictive kin; "relative" also
	3893	+	2 includes a person related in any of the foregoing ways to a
	3894	+	3 sibling of a child, even though the person is not related to
	3895	+	4 the child, when the child and its sibling are placed together
	3896	+	5 with that person. For purposes of placement of children
	3897	+	6 pursuant to Section 7 of the Children and Family Services Act
	3898	+	7 and for purposes of licensing requirements set forth in
	3899	+	8 Section 4 of this Act, for children under the custody or
	3900	+	9 guardianship of the Department pursuant to the Juvenile Court
	3901	+	10 Act of 1987, after a parent signs a consent, surrender, or
	3902	+	11 waiver or after a parent's rights are otherwise terminated,
	3903	+	12 and while the child remains in the custody or guardianship of
	3904	+	13 the Department, the child is considered to be related to those
	3905	+	14 to whom the child was related under this Section prior to the
	3906	+	15 signing of the consent, surrender, or waiver or the order of
	3907	+	16 termination of parental rights.
	3908	+	17 The term "foster family home" includes homes receiving
	3909	+	18 children from any State-operated institution for child care;
	3910	+	19 or from any agency established by a municipality or other
	3911	+	20 political subdivision of the State of Illinois authorized to
	3912	+	21 provide care for children outside their own homes. The term
	3913	+	22 "foster family home" does not include an "adoption-only home"
	3914	+	23 as defined in Section 2.23 of this Act. The types of foster
	3915	+	24 family homes are defined as follows:
	3916	+	25 (a) "Boarding home" means a foster family home which
	3917	+	26 receives payment for regular full-time care of a child or
	3918	+
	3919	+
	3920	+
	3921	+
	3922	+
	3923	+	HB3641 Enrolled - 110 - LRB103 30390 HLH 56820 b
	3924	+
	3925	+
	3926	+	HB3641 Enrolled- 111 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 111 - LRB103 30390 HLH 56820 b
	3927	+	HB3641 Enrolled - 111 - LRB103 30390 HLH 56820 b
	3928	+	1 children.
	3929	+	2 (b) "Free home" means a foster family home other than
	3930	+	3 an adoptive home which does not receive payments for the
	3931	+	4 care of a child or children.
	3932	+	5 (c) "Adoptive home" means a foster family home which
	3933	+	6 receives a child or children for the purpose of adopting
	3934	+	7 the child or children, but does not include an
	3935	+	8 adoption-only home.
	3936	+	9 (d) "Work-wage home" means a foster family home which
	3937	+	10 receives a child or children who pay part or all of their
	3938	+	11 board by rendering some services to the family not
	3939	+	12 prohibited by the Child Labor Law or by standards or
	3940	+	13 regulations of the Department prescribed under this Act.
	3941	+	14 The child or children may receive a wage in connection
	3942	+	15 with the services rendered the foster family.
	3943	+	16 (e) "Agency-supervised home" means a foster family
	3944	+	17 home under the direct and regular supervision of a
	3945	+	18 licensed child welfare agency, of the Department of
	3946	+	19 Children and Family Services, of a circuit court, or of
	3947	+	20 any other State agency which has authority to place
	3948	+	21 children in child care facilities, and which receives no
	3949	+	22 more than 8 children, unless of common parentage, who are
	3950	+	23 placed and are regularly supervised by one of the
	3951	+	24 specified agencies.
	3952	+	25 (f) "Independent home" means a foster family home,
	3953	+	26 other than an adoptive home, which receives no more than 4
	3954	+
	3955	+
	3956	+
	3957	+
	3958	+
	3959	+	HB3641 Enrolled - 111 - LRB103 30390 HLH 56820 b
	3960	+
	3961	+
	3962	+	HB3641 Enrolled- 112 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 112 - LRB103 30390 HLH 56820 b
	3963	+	HB3641 Enrolled - 112 - LRB103 30390 HLH 56820 b
	3964	+	1 children, unless of common parentage, directly from
	3965	+	2 parents, or other legally responsible persons, by
	3966	+	3 independent arrangement and which is not subject to direct
	3967	+	4 and regular supervision of a specified agency except as
	3968	+	5 such supervision pertains to licensing by the Department.
	3969	+	6 (g) "Host home" means an emergency foster family home
	3970	+	7 under the direction and regular supervision of a licensed
	3971	+	8 child welfare agency, contracted to provide short-term
	3972	+	9 crisis intervention services to youth served under the
	3973	+	10 Comprehensive Community-Based Youth Services program,
	3974	+	11 under the direction of the Department of Human Services.
	3975	+	12 The youth shall not be under the custody or guardianship
	3976	+	13 of the Department pursuant to the Juvenile Court Act of
	3977	+	14 1987.
	3978	+	15 (Source: P.A. 101-63, eff. 7-12-19; 102-688, eff. 7-1-22.)
	3979	+	16 (225 ILCS 10/2.35 new)
	3980	+	17 Sec. 2.35. Qualified residential treatment program.
	3981	+	18 "Qualified residential treatment program" means a program
	3982	+	19 that:
	3983	+	20 (1) has a trauma-informed treatment model that is
	3984	+	21 designed to address the needs, including clinical needs as
	3985	+	22 appropriate, of children with serious emotional or
	3986	+	23 behavioral disorders or disturbances and, with respect to
	3987	+	24 a child, is able to implement the treatment identified for
	3988	+	25 the child by the assessment of the child required under 42
	3989	+
	3990	+
	3991	+
	3992	+
	3993	+
	3994	+	HB3641 Enrolled - 112 - LRB103 30390 HLH 56820 b
	3995	+
	3996	+
	3997	+	HB3641 Enrolled- 113 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 113 - LRB103 30390 HLH 56820 b
	3998	+	HB3641 Enrolled - 113 - LRB103 30390 HLH 56820 b
	3999	+	1 U.S.C. 675a(c);
	4000	+	2 (2) whether by acquisition of direct employment or
	4001	+	3 otherwise, has registered or licensed nursing staff and
	4002	+	4 other licensed clinical staff who:
	4003	+	5 (A) provide care within the scope of their
	4004	+	6 practice as defined by law;
	4005	+	7 (B) are located on-site; and
	4006	+	8 (C) are available 24 hours a day, 7 days a week;
	4007	+	9 (3) to the extent appropriate, and in accordance with
	4008	+	10 the child's best interests, facilitates participation of
	4009	+	11 family members in the child's treatment program;
	4010	+	12 (4) facilitates outreach to the family members of the
	4011	+	13 child, including siblings, documents how the outreach is
	4012	+	14 made, including contact information, and maintains contact
	4013	+	15 information for any known biological family and fictive
	4014	+	16 kin of the child;
	4015	+	17 (5) documents how family members are integrated into
	4016	+	18 the treatment process for the child, including
	4017	+	19 post-discharge, and how sibling connections are
	4018	+	20 maintained;
	4019	+	21 (6) provides discharge planning and family-based
	4020	+	22 aftercare support for at least 6 months post-discharge;
	4021	+	23 and
	4022	+	24 (7) is licensed in accordance with this Act and is
	4023	+	25 accredited by any of the following independent,
	4024	+	26 not-for-profit organizations:
	4025	+
	4026	+
	4027	+
	4028	+
	4029	+
	4030	+	HB3641 Enrolled - 113 - LRB103 30390 HLH 56820 b
	4031	+
	4032	+
	4033	+	HB3641 Enrolled- 114 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 114 - LRB103 30390 HLH 56820 b
	4034	+	HB3641 Enrolled - 114 - LRB103 30390 HLH 56820 b
	4035	+	1 (A) the Commission on Accreditation of
	4036	+	2 Rehabilitation Facilities;
	4037	+	3 (B) the Joint Commission;
	4038	+	4 (C) the Council on Accreditation; or
	4039	+	5 (D) any other independent, not-for-profit
	4040	+	6 accrediting organization approved by the Secretary of
	4041	+	7 Health and Human Services as described in 42 U.S.C.
	4042	+	8 672 (k)(4).
	4043	+	9 Section 50. The Laser System Act of 1997 is amended by
	4044	+	10 changing Section 16 as follows:
	4045	+	11 (420 ILCS 56/16)
	4046	+	12 Sec. 16. Laser safety officers.
	4047	+	13 (a) Each laser installation whose function is for the use
	4048	+	14 of a temporary laser display shall use a laser safety officer.
	4049	+	15 (b) The Agency shall adopt rules specifying minimum
	4050	+	16 training and experience requirements for laser safety
	4051	+	17 officers. The requirements shall be specific to the evaluation
	4052	+	18 and control of laser hazards for different types of laser
	4053	+	19 systems and the purpose for which a laser system is used.
	4054	+	20 (c) If a laser safety officer encounters noncompliance
	4055	+	21 with this Act or rules adopted under this Act in the course of
	4056	+	22 performing duties as a laser safety officer, then the laser
	4057	+	23 safety officer shall report that noncompliance to the Agency
	4058	+	24 as soon as practical to protect public health and safety.
	4059	+
	4060	+
	4061	+
	4062	+
	4063	+
	4064	+	HB3641 Enrolled - 114 - LRB103 30390 HLH 56820 b
	4065	+
	4066	+
	4067	+	HB3641 Enrolled- 115 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 115 - LRB103 30390 HLH 56820 b
	4068	+	HB3641 Enrolled - 115 - LRB103 30390 HLH 56820 b
	4069	+	1 (d) No person may act as a laser safety officer or
	4070	+	2 advertise or use any title implying qualification as a laser
	4071	+	3 safety officer unless the person meets the training and
	4072	+	4 experience requirements of this Act and the training and
	4073	+	5 experience requirements established by the Agency under
	4074	+	6 subsection (b).
	4075	+	7 (Source: P.A. 103-277, eff. 7-28-23.)
	4076	+	8 Section 55. The Juvenile Court Act of 1987 is amended by
	4077	+	9 changing Section 1-3 as follows:
	4078	+	10 (705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
	4079	+	11 Sec. 1-3. Definitions. Terms used in this Act, unless the
	4080	+	12 context otherwise requires, have the following meanings
	4081	+	13 ascribed to them:
	4082	+	14 (1) "Adjudicatory hearing" means a hearing to determine
	4083	+	15 whether the allegations of a petition under Section 2-13,
	4084	+	16 3-15, or 4-12 that a minor under 18 years of age is abused,
	4085	+	17 neglected, or dependent, or requires authoritative
	4086	+	18 intervention, or addicted, respectively, are supported by a
	4087	+	19 preponderance of the evidence or whether the allegations of a
	4088	+	20 petition under Section 5-520 that a minor is delinquent are
	4089	+	21 proved beyond a reasonable doubt.
	4090	+	22 (2) "Adult" means a person 21 years of age or older.
	4091	+	23 (3) "Agency" means a public or private child care facility
	4092	+	24 legally authorized or licensed by this State for placement or
	4093	+
	4094	+
	4095	+
	4096	+
	4097	+
	4098	+	HB3641 Enrolled - 115 - LRB103 30390 HLH 56820 b
	4099	+
	4100	+
	4101	+	HB3641 Enrolled- 116 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 116 - LRB103 30390 HLH 56820 b
	4102	+	HB3641 Enrolled - 116 - LRB103 30390 HLH 56820 b
	4103	+	1 institutional care or for both placement and institutional
	4104	+	2 care.
	4105	+	3 (4) "Association" means any organization, public or
	4106	+	4 private, engaged in welfare functions which include services
	4107	+	5 to or on behalf of children but does not include "agency" as
	4108	+	6 herein defined.
	4109	+	7 (4.05) Whenever a "best interest" determination is
	4110	+	8 required, the following factors shall be considered in the
	4111	+	9 context of the child's age and developmental needs:
	4112	+	10 (a) the physical safety and welfare of the child,
	4113	+	11 including food, shelter, health, and clothing;
	4114	+	12 (b) the development of the child's identity;
	4115	+	13 (c) the child's background and ties, including
	4116	+	14 familial, cultural, and religious;
	4117	+	15 (d) the child's sense of attachments, including:
	4118	+	16 (i) where the child actually feels love,
	4119	+	17 attachment, and a sense of being valued (as opposed to
	4120	+	18 where adults believe the child should feel such love,
	4121	+	19 attachment, and a sense of being valued);
	4122	+	20 (ii) the child's sense of security;
	4123	+	21 (iii) the child's sense of familiarity;
	4124	+	22 (iv) continuity of affection for the child;
	4125	+	23 (v) the least disruptive placement alternative for
	4126	+	24 the child;
	4127	+	25 (e) the child's wishes and long-term goals;
	4128	+	26 (f) the child's community ties, including church,
	4129	+
	4130	+
	4131	+
	4132	+
	4133	+
	4134	+	HB3641 Enrolled - 116 - LRB103 30390 HLH 56820 b
	4135	+
	4136	+
	4137	+	HB3641 Enrolled- 117 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 117 - LRB103 30390 HLH 56820 b
	4138	+	HB3641 Enrolled - 117 - LRB103 30390 HLH 56820 b
	4139	+	1 school, and friends;
	4140	+	2 (g) the child's need for permanence which includes the
	4141	+	3 child's need for stability and continuity of relationships
	4142	+	4 with parent figures and with siblings and other relatives;
	4143	+	5 (h) the uniqueness of every family and child;
	4144	+	6 (i) the risks attendant to entering and being in
	4145	+	7 substitute care; and
	4146	+	8 (j) the preferences of the persons available to care
	4147	+	9 for the child.
	4148	+	10 (4.1) "Chronic truant" shall have the definition ascribed
	4149	+	11 to it in Section 26-2a of the School Code.
	4150	+	12 (5) "Court" means the circuit court in a session or
	4151	+	13 division assigned to hear proceedings under this Act.
	4152	+	14 (6) "Dispositional hearing" means a hearing to determine
	4153	+	15 whether a minor should be adjudged to be a ward of the court,
	4154	+	16 and to determine what order of disposition should be made in
	4155	+	17 respect to a minor adjudged to be a ward of the court.
	4156	+	18 (6.5) "Dissemination" or "disseminate" means to publish,
	4157	+	19 produce, print, manufacture, distribute, sell, lease, exhibit,
	4158	+	20 broadcast, display, transmit, or otherwise share information
	4159	+	21 in any format so as to make the information accessible to
	4160	+	22 others.
	4161	+	23 (7) "Emancipated minor" means any minor 16 years of age or
	4162	+	24 over who has been completely or partially emancipated under
	4163	+	25 the Emancipation of Minors Act or under this Act.
	4164	+	26 (7.03) "Expunge" means to physically destroy the records
	4165	+
	4166	+
	4167	+
	4168	+
	4169	+
	4170	+	HB3641 Enrolled - 117 - LRB103 30390 HLH 56820 b
	4171	+
	4172	+
	4173	+	HB3641 Enrolled- 118 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 118 - LRB103 30390 HLH 56820 b
	4174	+	HB3641 Enrolled - 118 - LRB103 30390 HLH 56820 b
	4175	+	1 and to obliterate the minor's name from any official index,
	4176	+	2 public record, or electronic database.
	4177	+	3 (7.05) "Foster parent" includes a relative caregiver
	4178	+	4 selected by the Department of Children and Family Services to
	4179	+	5 provide care for the minor.
	4180	+	6 (8) "Guardianship of the person" of a minor means the duty
	4181	+	7 and authority to act in the best interests of the minor,
	4182	+	8 subject to residual parental rights and responsibilities, to
	4183	+	9 make important decisions in matters having a permanent effect
	4184	+	10 on the life and development of the minor and to be concerned
	4185	+	11 with the minor's general welfare. It includes but is not
	4186	+	12 necessarily limited to:
	4187	+	13 (a) the authority to consent to marriage, to
	4188	+	14 enlistment in the armed forces of the United States, or to
	4189	+	15 a major medical, psychiatric, and surgical treatment; to
	4190	+	16 represent the minor in legal actions; and to make other
	4191	+	17 decisions of substantial legal significance concerning the
	4192	+	18 minor;
	4193	+	19 (b) the authority and duty of reasonable visitation,
	4194	+	20 except to the extent that these have been limited in the
	4195	+	21 best interests of the minor by court order;
	4196	+	22 (c) the rights and responsibilities of legal custody
	4197	+	23 except where legal custody has been vested in another
	4198	+	24 person or agency; and
	4199	+	25 (d) the power to consent to the adoption of the minor,
	4200	+	26 but only if expressly conferred on the guardian in
	4201	+
	4202	+
	4203	+
	4204	+
	4205	+
	4206	+	HB3641 Enrolled - 118 - LRB103 30390 HLH 56820 b
	4207	+
	4208	+
	4209	+	HB3641 Enrolled- 119 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 119 - LRB103 30390 HLH 56820 b
	4210	+	HB3641 Enrolled - 119 - LRB103 30390 HLH 56820 b
	4211	+	1 accordance with Section 2-29, 3-30, or 4-27.
	4212	+	2 (8.1) "Juvenile court record" includes, but is not limited
	4213	+	3 to:
	4214	+	4 (a) all documents filed in or maintained by the
	4215	+	5 juvenile court pertaining to a specific incident,
	4216	+	6 proceeding, or individual;
	4217	+	7 (b) all documents relating to a specific incident,
	4218	+	8 proceeding, or individual made available to or maintained
	4219	+	9 by probation officers;
	4220	+	10 (c) all documents, video or audio tapes, photographs,
	4221	+	11 and exhibits admitted into evidence at juvenile court
	4222	+	12 hearings; or
	4223	+	13 (d) all documents, transcripts, records, reports, or
	4224	+	14 other evidence prepared by, maintained by, or released by
	4225	+	15 any municipal, county, or State agency or department, in
	4226	+	16 any format, if indicating involvement with the juvenile
	4227	+	17 court relating to a specific incident, proceeding, or
	4228	+	18 individual.
	4229	+	19 (8.2) "Juvenile law enforcement record" includes records
	4230	+	20 of arrest, station adjustments, fingerprints, probation
	4231	+	21 adjustments, the issuance of a notice to appear, or any other
	4232	+	22 records or documents maintained by any law enforcement agency
	4233	+	23 relating to a minor suspected of committing an offense, and
	4234	+	24 records maintained by a law enforcement agency that identifies
	4235	+	25 a juvenile as a suspect in committing an offense, but does not
	4236	+	26 include records identifying a juvenile as a victim, witness,
	4237	+
	4238	+
	4239	+
	4240	+
	4241	+
	4242	+	HB3641 Enrolled - 119 - LRB103 30390 HLH 56820 b
	4243	+
	4244	+
	4245	+	HB3641 Enrolled- 120 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 120 - LRB103 30390 HLH 56820 b
	4246	+	HB3641 Enrolled - 120 - LRB103 30390 HLH 56820 b
	4247	+	1 or missing juvenile and any records created, maintained, or
	4248	+	2 used for purposes of referral to programs relating to
	4249	+	3 diversion as defined in subsection (6) of Section 5-105.
	4250	+	4 (9) "Legal custody" means the relationship created by an
	4251	+	5 order of court in the best interests of the minor which imposes
	4252	+	6 on the custodian the responsibility of physical possession of
	4253	+	7 a minor and the duty to protect, train and discipline the minor
	4254	+	8 and to provide the minor with food, shelter, education, and
	4255	+	9 ordinary medical care, except as these are limited by residual
	4256	+	10 parental rights and responsibilities and the rights and
	4257	+	11 responsibilities of the guardian of the person, if any.
	4258	+	12 (9.1) "Mentally capable adult relative" means a person 21
	4259	+	13 years of age or older who is not suffering from a mental
	4260	+	14 illness that prevents the person from providing the care
	4261	+	15 necessary to safeguard the physical safety and welfare of a
	4262	+	16 minor who is left in that person's care by the parent or
	4263	+	17 parents or other person responsible for the minor's welfare.
	4264	+	18 (10) "Minor" means a person under the age of 21 years
	4265	+	19 subject to this Act.
	4266	+	20 (11) "Parent" means a father or mother of a child and
	4267	+	21 includes any adoptive parent. It also includes a person (i)
	4268	+	22 whose parentage is presumed or has been established under the
	4269	+	23 law of this or another jurisdiction or (ii) who has registered
	4270	+	24 with the Putative Father Registry in accordance with Section
	4271	+	25 12.1 of the Adoption Act and whose paternity has not been ruled
	4272	+	26 out under the law of this or another jurisdiction. It does not
	4273	+
	4274	+
	4275	+
	4276	+
	4277	+
	4278	+	HB3641 Enrolled - 120 - LRB103 30390 HLH 56820 b
	4279	+
	4280	+
	4281	+	HB3641 Enrolled- 121 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 121 - LRB103 30390 HLH 56820 b
	4282	+	HB3641 Enrolled - 121 - LRB103 30390 HLH 56820 b
	4283	+	1 include a parent whose rights in respect to the minor have been
	4284	+	2 terminated in any manner provided by law. It does not include a
	4285	+	3 person who has been or could be determined to be a parent under
	4286	+	4 the Illinois Parentage Act of 1984 or the Illinois Parentage
	4287	+	5 Act of 2015, or similar parentage law in any other state, if
	4288	+	6 that person has been convicted of or pled nolo contendere to a
	4289	+	7 crime that resulted in the conception of the child under
	4290	+	8 Section 11-1.20, 11-1.30, 11-1.40, 11-11, 12-13, 12-14,
	4291	+	9 12-14.1, subsection (a) or (b) (but not subsection (c)) of
	4292	+	10 Section 11-1.50 or 12-15, or subsection (a), (b), (c), (e), or
	4293	+	11 (f) (but not subsection (d)) of Section 11-1.60 or 12-16 of the
	4294	+	12 Criminal Code of 1961 or the Criminal Code of 2012, or similar
	4295	+	13 statute in another jurisdiction unless upon motion of any
	4296	+	14 party, other than the offender, to the juvenile court
	4297	+	15 proceedings the court finds it is in the child's best interest
	4298	+	16 to deem the offender a parent for purposes of the juvenile
	4299	+	17 court proceedings.
	4300	+	18 (11.1) "Permanency goal" means a goal set by the court as
	4301	+	19 defined in subdivision (2) of Section 2-28.
	4302	+	20 (11.2) "Permanency hearing" means a hearing to set the
	4303	+	21 permanency goal and to review and determine (i) the
	4304	+	22 appropriateness of the services contained in the plan and
	4305	+	23 whether those services have been provided, (ii) whether
	4306	+	24 reasonable efforts have been made by all the parties to the
	4307	+	25 service plan to achieve the goal, and (iii) whether the plan
	4308	+	26 and goal have been achieved.
	4309	+
	4310	+
	4311	+
	4312	+
	4313	+
	4314	+	HB3641 Enrolled - 121 - LRB103 30390 HLH 56820 b
	4315	+
	4316	+
	4317	+	HB3641 Enrolled- 122 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 122 - LRB103 30390 HLH 56820 b
	4318	+	HB3641 Enrolled - 122 - LRB103 30390 HLH 56820 b
	4319	+	1 (12) "Petition" means the petition provided for in Section
	4320	+	2 2-13, 3-15, 4-12, or 5-520, including any supplemental
	4321	+	3 petitions thereunder in Section 3-15, 4-12, or 5-520.
	4322	+	4 (12.1) "Physically capable adult relative" means a person
	4323	+	5 21 years of age or older who does not have a severe physical
	4324	+	6 disability or medical condition, or is not suffering from
	4325	+	7 alcoholism or drug addiction, that prevents the person from
	4326	+	8 providing the care necessary to safeguard the physical safety
	4327	+	9 and welfare of a minor who is left in that person's care by the
	4328	+	10 parent or parents or other person responsible for the minor's
	4329	+	11 welfare.
	4330	+	12 (12.2) "Post Permanency Sibling Contact Agreement" has the
	4331	+	13 meaning ascribed to the term in Section 7.4 of the Children and
	4332	+	14 Family Services Act.
	4333	+	15 (12.3) "Residential treatment center" means a licensed
	4334	+	16 setting that provides 24-hour care to children in a group home
	4335	+	17 or institution, including a facility licensed as a child care
	4336	+	18 institution under Section 2.06 of the Child Care Act of 1969, a
	4337	+	19 licensed group home under Section 2.16 of the Child Care Act of
	4338	+	20 1969, a qualified residential treatment program under Section
	4339	+	21 2.35 of the Child Care Act of 1969, a secure child care
	4340	+	22 facility as defined in paragraph (18) of this Section, or any
	4341	+	23 similar facility in another state. "Residential treatment
	4342	+	24 center" does not include a relative foster home or a licensed
	4343	+	25 foster family home.
	4344	+	26 (13) "Residual parental rights and responsibilities" means
	4345	+
	4346	+
	4347	+
	4348	+
	4349	+
	4350	+	HB3641 Enrolled - 122 - LRB103 30390 HLH 56820 b
	4351	+
	4352	+
	4353	+	HB3641 Enrolled- 123 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 123 - LRB103 30390 HLH 56820 b
	4354	+	HB3641 Enrolled - 123 - LRB103 30390 HLH 56820 b
	4355	+	1 those rights and responsibilities remaining with the parent
	4356	+	2 after the transfer of legal custody or guardianship of the
	4357	+	3 person, including, but not necessarily limited to, the right
	4358	+	4 to reasonable visitation (which may be limited by the court in
	4359	+	5 the best interests of the minor as provided in subsection
	4360	+	6 (8)(b) of this Section), the right to consent to adoption, the
	4361	+	7 right to determine the minor's religious affiliation, and the
	4362	+	8 responsibility for the minor's support.
	4363	+	9 (14) "Shelter" means the temporary care of a minor in
	4364	+	10 physically unrestricting facilities pending court disposition
	4365	+	11 or execution of court order for placement.
	4366	+	12 (14.05) "Shelter placement" means a temporary or emergency
	4367	+	13 placement for a minor, including an emergency foster home
	4368	+	14 placement.
	4369	+	15 (14.1) "Sibling Contact Support Plan" has the meaning
	4370	+	16 ascribed to the term in Section 7.4 of the Children and Family
	4371	+	17 Services Act.
	4372	+	18 (14.2) "Significant event report" means a written document
	4373	+	19 describing an occurrence or event beyond the customary
	4374	+	20 operations, routines, or relationships in the Department of
	4375	+	21 Children of Family Services, a child care facility, or other
	4376	+	22 entity that is licensed or regulated by the Department of
	4377	+	23 Children of Family Services or that provides services for the
	4378	+	24 Department of Children of Family Services under a grant,
	4379	+	25 contract, or purchase of service agreement; involving children
	4380	+	26 or youth, employees, foster parents, or relative caregivers;
	4381	+
	4382	+
	4383	+
	4384	+
	4385	+
	4386	+	HB3641 Enrolled - 123 - LRB103 30390 HLH 56820 b
	4387	+
	4388	+
	4389	+	HB3641 Enrolled- 124 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 124 - LRB103 30390 HLH 56820 b
	4390	+	HB3641 Enrolled - 124 - LRB103 30390 HLH 56820 b
	4391	+	1 allegations of abuse or neglect or any other incident raising
	4392	+	2 a concern about the well-being of a minor under the
	4393	+	3 jurisdiction of the court under Article II of the Juvenile
	4394	+	4 Court Act of 1987; incidents involving damage to property,
	4395	+	5 allegations of criminal activity, misconduct, or other
	4396	+	6 occurrences affecting the operations of the Department of
	4397	+	7 Children of Family Services or a child care facility; any
	4398	+	8 incident that could have media impact; and unusual incidents
	4399	+	9 as defined by Department of Children and Family Services rule.
	4400	+	10 (15) "Station adjustment" means the informal handling of
	4401	+	11 an alleged offender by a juvenile police officer.
	4402	+	12 (16) "Ward of the court" means a minor who is so adjudged
	4403	+	13 under Section 2-22, 3-23, 4-20, or 5-705, after a finding of
	4404	+	14 the requisite jurisdictional facts, and thus is subject to the
	4405	+	15 dispositional powers of the court under this Act.
	4406	+	16 (17) "Juvenile police officer" means a sworn police
	4407	+	17 officer who has completed a Basic Recruit Training Course, has
	4408	+	18 been assigned to the position of juvenile police officer by
	4409	+	19 the officer's chief law enforcement officer and has completed
	4410	+	20 the necessary juvenile officers training as prescribed by the
	4411	+	21 Illinois Law Enforcement Training Standards Board, or in the
	4412	+	22 case of a State police officer, juvenile officer training
	4413	+	23 approved by the Director of the Illinois State Police.
	4414	+	24 (18) "Secure child care facility" means any child care
	4415	+	25 facility licensed by the Department of Children and Family
	4416	+	26 Services to provide secure living arrangements for children
	4417	+
	4418	+
	4419	+
	4420	+
	4421	+
	4422	+	HB3641 Enrolled - 124 - LRB103 30390 HLH 56820 b
	4423	+
	4424	+
	4425	+	HB3641 Enrolled- 125 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 125 - LRB103 30390 HLH 56820 b
	4426	+	HB3641 Enrolled - 125 - LRB103 30390 HLH 56820 b
	4427	+	1 under 18 years of age who are subject to placement in
	4428	+	2 facilities under the Children and Family Services Act and who
	4429	+	3 are not subject to placement in facilities for whom standards
	4430	+	4 are established by the Department of Corrections under Section
	4431	+	5 3-15-2 of the Unified Code of Corrections. "Secure child care
	4432	+	6 facility" also means a facility that is designed and operated
	4433	+	7 to ensure that all entrances and exits from the facility, a
	4434	+	8 building, or a distinct part of the building are under the
	4435	+	9 exclusive control of the staff of the facility, whether or not
	4436	+	10 the child has the freedom of movement within the perimeter of
	4437	+	11 the facility, building, or distinct part of the building.
	4438	+	12 (Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23;
	4439	+	13 revised 9-20-23.)
	4440	+	14 Section 60. The Crime Victims Compensation Act is amended
	4441	+	15 by changing Sections 2 and 10.1 as follows:
	4442	+	16 (740 ILCS 45/2)
	4443	+	17 Sec. 2. Definitions. As used in this Act, unless the
	4444	+	18 context otherwise requires:
	4445	+	19 (a) "Applicant" means any of the following claiming
	4446	+	20 compensation under this Act: a victim, a person who was a
	4447	+	21 dependent of a deceased victim of a crime of violence for the
	4448	+	22 person's support at the time of the death of that victim, a
	4449	+	23 person who legally assumes the obligation or who voluntarily
	4450	+	24 pays the medical or the funeral or burial expenses incurred as
	4451	+
	4452	+
	4453	+
	4454	+
	4455	+
	4456	+	HB3641 Enrolled - 125 - LRB103 30390 HLH 56820 b
	4457	+
	4458	+
	4459	+	HB3641 Enrolled- 126 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 126 - LRB103 30390 HLH 56820 b
	4460	+	HB3641 Enrolled - 126 - LRB103 30390 HLH 56820 b
	4461	+	1 a direct result of the crime, and any other person who applies
	4462	+	2 for compensation under this Act or any person the Court of
	4463	+	3 Claims or the Attorney General finds is entitled to
	4464	+	4 compensation, including the guardian of a minor or of a person
	4465	+	5 under legal disability. It includes any person who was a
	4466	+	6 dependent of a deceased victim of a crime of violence for his
	4467	+	7 or her support at the time of the death of that victim.
	4468	+	8 The changes made to this subsection by Public Act 101-652
	4469	+	9 apply to actions commenced or pending on or after January 1,
	4470	+	10 2022.
	4471	+	11 (b) "Court of Claims" means the Court of Claims created by
	4472	+	12 the Court of Claims Act.
	4473	+	13 (c) "Crime of violence" means and includes any offense
	4474	+	14 defined in Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1,
	4475	+	15 10-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
	4476	+	16 11-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-23, 11-23.5,
	4477	+	17 12-1, 12-2, 12-3, 12-3.1, 12-3.2, 12-3.3, 12-3.4, 12-4,
	4478	+	18 12-4.1, 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13,
	4479	+	19 12-14, 12-14.1, 12-15, 12-16, 12-20.5, 12-30, 20-1 or 20-1.1,
	4480	+	20 or Section 12-3.05 except for subdivision (a)(4) or (g)(1), or
	4481	+	21 subdivision (a)(4) of Section 11-14.4, of the Criminal Code of
	4482	+	22 1961 or the Criminal Code of 2012, Sections 1(a) and 1(a-5) of
	4483	+	23 the Cemetery Protection Act, Section 125 of the Stalking No
	4484	+	24 Contact Order Act, Section 219 of the Civil No Contact Order
	4485	+	25 Act, driving under the influence as defined in Section 11-501
	4486	+	26 of the Illinois Vehicle Code, a violation of Section 11-401 of
	4487	+
	4488	+
	4489	+
	4490	+
	4491	+
	4492	+	HB3641 Enrolled - 126 - LRB103 30390 HLH 56820 b
	4493	+
	4494	+
	4495	+	HB3641 Enrolled- 127 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 127 - LRB103 30390 HLH 56820 b
	4496	+	HB3641 Enrolled - 127 - LRB103 30390 HLH 56820 b
	4497	+	1 the Illinois Vehicle Code, provided the victim was a
	4498	+	2 pedestrian or was operating a vehicle moved solely by human
	4499	+	3 power or a mobility device at the time of contact, and a
	4500	+	4 violation of Section 11-204.1 of the Illinois Vehicle Code; so
	4501	+	5 long as the offense did not occur during a civil riot,
	4502	+	6 insurrection or rebellion. "Crime of violence" does not
	4503	+	7 include any other offense or crash involving a motor vehicle
	4504	+	8 except those vehicle offenses specifically provided for in
	4505	+	9 this paragraph. "Crime of violence" does include all of the
	4506	+	10 offenses specifically provided for in this paragraph that
	4507	+	11 occur within this State but are subject to federal
	4508	+	12 jurisdiction and crimes involving terrorism as defined in 18
	4509	+	13 U.S.C. 2331.
	4510	+	14 (d) "Victim" means (1) a person killed or injured in this
	4511	+	15 State as a result of a crime of violence perpetrated or
	4512	+	16 attempted against him or her, (2) the spouse, parent, or child
	4513	+	17 of a person killed or injured in this State as a result of a
	4514	+	18 crime of violence perpetrated or attempted against the person,
	4515	+	19 or anyone living in the household of a person killed or injured
	4516	+	20 in a relationship that is substantially similar to that of a
	4517	+	21 parent, spouse, or child, (3) a person killed or injured in
	4518	+	22 this State while attempting to assist a person against whom a
	4519	+	23 crime of violence is being perpetrated or attempted, if that
	4520	+	24 attempt of assistance would be expected of a reasonable person
	4521	+	25 under the circumstances, (4) a person killed or injured in
	4522	+	26 this State while assisting a law enforcement official
	4523	+
	4524	+
	4525	+
	4526	+
	4527	+
	4528	+	HB3641 Enrolled - 127 - LRB103 30390 HLH 56820 b
	4529	+
	4530	+
	4531	+	HB3641 Enrolled- 128 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 128 - LRB103 30390 HLH 56820 b
	4532	+	HB3641 Enrolled - 128 - LRB103 30390 HLH 56820 b
	4533	+	1 apprehend a person who has perpetrated a crime of violence or
	4534	+	2 prevent the perpetration of any such crime if that assistance
	4535	+	3 was in response to the express request of the law enforcement
	4536	+	4 official, (5) a person who personally witnessed a violent
	4537	+	5 crime, (5.05) a person who will be called as a witness by the
	4538	+	6 prosecution to establish a necessary nexus between the
	4539	+	7 offender and the violent crime, (5.1) solely for the purpose
	4540	+	8 of compensating for pecuniary loss incurred for psychological
	4541	+	9 treatment of a mental or emotional condition caused or
	4542	+	10 aggravated by the crime, any other person under the age of 18
	4543	+	11 who is the brother, sister, half brother, or half sister of a
	4544	+	12 person killed or injured in this State as a result of a crime
	4545	+	13 of violence, (6) an Illinois resident who is a victim of a
	4546	+	14 "crime of violence" as defined in this Act except, if the crime
	4547	+	15 occurred outside this State, the resident has the same rights
	4548	+	16 under this Act as if the crime had occurred in this State upon
	4549	+	17 a showing that the state, territory, country, or political
	4550	+	18 subdivision of a country in which the crime occurred does not
	4551	+	19 have a compensation of victims of crimes law for which that
	4552	+	20 Illinois resident is eligible, (7) the parent, spouse, or
	4553	+	21 child of a deceased person whose body is dismembered or whose
	4554	+	22 remains are desecrated as the result of a crime of violence, or
	4555	+	23 (8) (blank) solely for the purpose of compensating for
	4556	+	24 pecuniary loss incurred for psychological treatment of a
	4557	+	25 mental or emotional condition caused or aggravated by the
	4558	+	26 crime, any parent, spouse, or child under the age of 18 of a
	4559	+
	4560	+
	4561	+
	4562	+
	4563	+
	4564	+	HB3641 Enrolled - 128 - LRB103 30390 HLH 56820 b
	4565	+
	4566	+
	4567	+	HB3641 Enrolled- 129 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 129 - LRB103 30390 HLH 56820 b
	4568	+	HB3641 Enrolled - 129 - LRB103 30390 HLH 56820 b
	4569	+	1 deceased person whose body is dismembered or whose remains are
	4570	+	2 desecrated as the result of a crime of violence.
	4571	+	3 (e) "Dependent" means a relative of a deceased victim who
	4572	+	4 was wholly or partially dependent upon the victim's income at
	4573	+	5 the time of his or her death and shall include the child of a
	4574	+	6 victim born after his or her death.
	4575	+	7 (f) "Relative" means a spouse, parent, grandparent,
	4576	+	8 stepfather, stepmother, child, grandchild, brother,
	4577	+	9 brother-in-law, sister, sister-in-law, half brother, half
	4578	+	10 sister, spouse's parent, nephew, niece, uncle, aunt, or anyone
	4579	+	11 living in the household of a person killed or injured in a
	4580	+	12 relationship that is substantially similar to that of a
	4581	+	13 parent, spouse, or child.
	4582	+	14 (g) "Child" means a son or daughter and includes a
	4583	+	15 stepchild, an adopted child or a child born out of wedlock.
	4584	+	16 (h) "Pecuniary loss" means: ,
	4585	+	17 (1) in the case of injury, appropriate medical
	4586	+	18 expenses and hospital expenses including expenses of
	4587	+	19 medical examinations, rehabilitation, medically required
	4588	+	20 nursing care expenses, appropriate psychiatric care or
	4589	+	21 psychiatric counseling expenses, appropriate expenses for
	4590	+	22 care or counseling by a licensed clinical psychologist,
	4591	+	23 licensed clinical social worker, licensed professional
	4592	+	24 counselor, or licensed clinical professional counselor and
	4593	+	25 expenses for treatment by Christian Science practitioners
	4594	+	26 and nursing care appropriate thereto;
	4595	+
	4596	+
	4597	+
	4598	+
	4599	+
	4600	+	HB3641 Enrolled - 129 - LRB103 30390 HLH 56820 b
	4601	+
	4602	+
	4603	+	HB3641 Enrolled- 130 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 130 - LRB103 30390 HLH 56820 b
	4604	+	HB3641 Enrolled - 130 - LRB103 30390 HLH 56820 b
	4605	+	1 (2) transportation expenses to and from medical and
	4606	+	2 counseling treatment facilities;
	4607	+	3 (3) prosthetic appliances, eyeglasses, and hearing
	4608	+	4 aids necessary or damaged as a result of the crime;
	4609	+	5 (4) expenses incurred for the towing and storage of a
	4610	+	6 victim's vehicle in connection with a crime of violence,
	4611	+	7 to a maximum of $1,000;
	4612	+	8 (5) costs associated with trafficking tattoo removal
	4613	+	9 by a person authorized or licensed to perform the specific
	4614	+	10 removal procedure;
	4615	+	11 (6) replacement costs for clothing and bedding used as
	4616	+	12 evidence;
	4617	+	13 (7) costs associated with temporary lodging or
	4618	+	14 relocation necessary as a result of the crime, including,
	4619	+	15 but not limited to, the first 2 months' month's rent and
	4620	+	16 security deposit of the dwelling that the claimant
	4621	+	17 relocated to and other reasonable relocation expenses
	4622	+	18 incurred as a result of the violent crime;
	4623	+	19 (8) locks or windows necessary or damaged as a result
	4624	+	20 of the crime;
	4625	+	21 (9) the purchase, lease, or rental of equipment
	4626	+	22 necessary to create usability of and accessibility to the
	4627	+	23 victim's real and personal property, or the real and
	4628	+	24 personal property which is used by the victim, necessary
	4629	+	25 as a result of the crime; "real and personal property"
	4630	+	26 includes, but is not limited to, vehicles, houses,
	4631	+
	4632	+
	4633	+
	4634	+
	4635	+
	4636	+	HB3641 Enrolled - 130 - LRB103 30390 HLH 56820 b
	4637	+
	4638	+
	4639	+	HB3641 Enrolled- 131 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 131 - LRB103 30390 HLH 56820 b
	4640	+	HB3641 Enrolled - 131 - LRB103 30390 HLH 56820 b
	4641	+	1 apartments, townhouses, or condominiums;
	4642	+	2 (10) the costs of appropriate crime scene clean-up;
	4643	+	3 (11) replacement services loss, to a maximum of $1,250
	4644	+	4 per month, with this amount to be divided in proportion to
	4645	+	5 the amount of the actual loss among those entitled to
	4646	+	6 compensation;
	4647	+	7 (12) dependents replacement services loss, to a
	4648	+	8 maximum of $1,250 per month, with this amount to be
	4649	+	9 divided in proportion to the amount of the actual loss
	4650	+	10 among those entitled to compensation;
	4651	+	11 (13) loss of tuition paid to attend grammar school or
	4652	+	12 high school when the victim had been enrolled as a student
	4653	+	13 prior to the injury, or college or graduate school when
	4654	+	14 the victim had been enrolled as a day or night student
	4655	+	15 prior to the injury when the victim becomes unable to
	4656	+	16 continue attendance at school as a result of the crime of
	4657	+	17 violence perpetrated against him or her;
	4658	+	18 (14) loss of earnings, loss of future earnings because
	4659	+	19 of disability resulting from the injury. Loss of future
	4660	+	20 earnings shall be reduced by any income from substitute
	4661	+	21 work actually performed by the victim or by income the
	4662	+	22 victim would have earned in available appropriate
	4663	+	23 substitute work the victim was capable of performing but
	4664	+	24 unreasonably failed to undertake; loss of earnings and
	4665	+	25 loss of future earnings shall be determined on the basis
	4666	+	26 of the victim's average net monthly earnings for the 6
	4667	+
	4668	+
	4669	+
	4670	+
	4671	+
	4672	+	HB3641 Enrolled - 131 - LRB103 30390 HLH 56820 b
	4673	+
	4674	+
	4675	+	HB3641 Enrolled- 132 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 132 - LRB103 30390 HLH 56820 b
	4676	+	HB3641 Enrolled - 132 - LRB103 30390 HLH 56820 b
	4677	+	1 months immediately preceding the date of the injury or on
	4678	+	2 $2,400 per month, whichever is less, or, in cases where
	4679	+	3 the absences commenced more than 3 years from the date of
	4680	+	4 the crime, on the basis of the net monthly earnings for the
	4681	+	5 6 months immediately preceding the date of the first
	4682	+	6 absence, not to exceed $2,400 per month; ,
	4683	+	7 (15) loss of support of the dependents of the victim.
	4684	+	8 Loss of support shall be determined on the basis of the
	4685	+	9 victim's average net monthly earnings for the 6 months
	4686	+	10 immediately preceding the date of the injury or on $2,400
	4687	+	11 per month, whichever is less, or, in cases where the
	4688	+	12 absences commenced more than 3 years from the date of the
	4689	+	13 crime, on the basis of the net monthly earnings for the 6
	4690	+	14 months immediately preceding the date of the first
	4691	+	15 absence, not to exceed $2,400 per month. If a divorced or
	4692	+	16 legally separated applicant is claiming loss of support
	4693	+	17 for a minor child of the deceased, the amount of support
	4694	+	18 for each child shall be based either on the amount of
	4695	+	19 support pursuant to the judgment prior to the date of the
	4696	+	20 deceased victim's injury or death, or, if the subject of
	4697	+	21 pending litigation filed by or on behalf of the divorced
	4698	+	22 or legally separated applicant prior to the injury or
	4699	+	23 death, on the result of that litigation. Loss of support
	4700	+	24 for minors shall be divided in proportion to the amount of
	4701	+	25 the actual loss among those entitled to such compensation;
	4702	+	26 (16) and, in addition, in the case of death, expenses
	4703	+
	4704	+
	4705	+
	4706	+
	4707	+
	4708	+	HB3641 Enrolled - 132 - LRB103 30390 HLH 56820 b
	4709	+
	4710	+
	4711	+	HB3641 Enrolled- 133 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 133 - LRB103 30390 HLH 56820 b
	4712	+	HB3641 Enrolled - 133 - LRB103 30390 HLH 56820 b
	4713	+	1 for reasonable funeral, burial, and travel and transport
	4714	+	2 for survivors of homicide victims to secure bodies of
	4715	+	3 deceased victims and to transport bodies for burial all of
	4716	+	4 which may be awarded up to a maximum of $10,000 for each
	4717	+	5 victim. Other individuals that have paid or become
	4718	+	6 obligated to pay funeral or burial expenses for the
	4719	+	7 deceased shall share a maximum award of $10,000, with the
	4720	+	8 award divided in proportion to the amount of the actual
	4721	+	9 loss among those entitled to compensation; and and loss of
	4722	+	10 support of the dependents of the victim;
	4723	+	11 (17) in the case of dismemberment or desecration of a
	4724	+	12 body, expenses for reasonable funeral and burial, all of
	4725	+	13 which may be awarded up to a maximum of $10,000 for each
	4726	+	14 victim. Other individuals that have paid or become
	4727	+	15 obligated to pay funeral or burial expenses for the
	4728	+	16 deceased shall share a maximum award of $10,000, with the
	4729	+	17 award divided in proportion to the amount of the actual
	4730	+	18 loss among those entitled to compensation. Loss of future
	4731	+	19 earnings shall be reduced by any income from substitute
	4732	+	20 work actually performed by the victim or by income he or
	4733	+	21 she would have earned in available appropriate substitute
	4734	+	22 work he or she was capable of performing but unreasonably
	4735	+	23 failed to undertake. Loss of earnings, loss of future
	4736	+	24 earnings and loss of support shall be determined on the
	4737	+	25 basis of the victim's average net monthly earnings for the
	4738	+	26 6 months immediately preceding the date of the injury or
	4739	+
	4740	+
	4741	+
	4742	+
	4743	+
	4744	+	HB3641 Enrolled - 133 - LRB103 30390 HLH 56820 b
	4745	+
	4746	+
	4747	+	HB3641 Enrolled- 134 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 134 - LRB103 30390 HLH 56820 b
	4748	+	HB3641 Enrolled - 134 - LRB103 30390 HLH 56820 b
	4749	+	1 on $2,400 per month, whichever is less or, in cases where
	4750	+	2 the absences commenced more than 3 years from the date of
	4751	+	3 the crime, on the basis of the net monthly earnings for the
	4752	+	4 6 months immediately preceding the date of the first
	4753	+	5 absence, not to exceed $2,400 per month. If a divorced or
	4754	+	6 legally separated applicant is claiming loss of support
	4755	+	7 for a minor child of the deceased, the amount of support
	4756	+	8 for each child shall be based either on the amount of
	4757	+	9 support pursuant to the judgment prior to the date of the
	4758	+	10 deceased victim's injury or death, or, if the subject of
	4759	+	11 pending litigation filed by or on behalf of the divorced
	4760	+	12 or legally separated applicant prior to the injury or
	4761	+	13 death, on the result of that litigation. Real and personal
	4762	+	14 property includes, but is not limited to, vehicles,
	4763	+	15 houses, apartments, town houses, or condominiums.
	4764	+	16 "Pecuniary loss" does not include pain and suffering or
	4765	+	17 property loss or damage.
	4766	+	18 The changes made to this subsection by Public Act 101-652
	4767	+	19 apply to actions commenced or pending on or after January 1,
	4768	+	20 2022.
	4769	+	21 (i) "Replacement services loss" means expenses reasonably
	4770	+	22 incurred in obtaining ordinary and necessary services in lieu
	4771	+	23 of those the injured person would have performed, not for
	4772	+	24 income, but for the benefit of himself or herself or his or her
	4773	+	25 family, if he or she had not been injured.
	4774	+	26 (j) "Dependents replacement services loss" means loss
	4775	+
	4776	+
	4777	+
	4778	+
	4779	+
	4780	+	HB3641 Enrolled - 134 - LRB103 30390 HLH 56820 b
	4781	+
	4782	+
	4783	+	HB3641 Enrolled- 135 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 135 - LRB103 30390 HLH 56820 b
	4784	+	HB3641 Enrolled - 135 - LRB103 30390 HLH 56820 b
	4785	+	1 reasonably incurred by dependents or private legal guardians
	4786	+	2 of minor dependents after a victim's death in obtaining
	4787	+	3 ordinary and necessary services in lieu of those the victim
	4788	+	4 would have performed, not for income, but for their benefit,
	4789	+	5 if he or she had not been fatally injured.
	4790	+	6 (k) "Survivor" means immediate family including a parent,
	4791	+	7 stepfather, stepmother, child, brother, sister, or spouse.
	4792	+	8 (l) "Parent" means a natural parent, adopted parent,
	4793	+	9 stepparent, or permanent legal guardian of another person.
	4794	+	10 (m) "Trafficking tattoo" is a tattoo which is applied to a
	4795	+	11 victim in connection with the commission of a violation of
	4796	+	12 Section 10-9 of the Criminal Code of 2012.
	4797	+	13 (Source: P.A. 102-27, eff. 6-25-21; 102-905, eff. 1-1-23;
	4798	+	14 102-982, eff. 7-1-23; 103-154, eff. 6-30-23.)
	4799	+	15 (740 ILCS 45/10.1) (from Ch. 70, par. 80.1)
	4800	+	16 Sec. 10.1. Award Amount of compensation. The awarding of
	4801	+	17 compensation and the amount of compensation to which an
	4802	+	18 applicant and other persons are entitled shall be based on the
	4803	+	19 following factors:
	4804	+	20 (a) Each A victim may be compensated for his or her
	4805	+	21 pecuniary loss up the maximum amount allowable.
	4806	+	22 (b) Each A dependent may be compensated for loss of
	4807	+	23 support, as provided in paragraph (15) of subsection (h)
	4808	+	24 of Section 2.
	4809	+	25 (c) Any person, even though not dependent upon the
	4810	+
	4811	+
	4812	+
	4813	+
	4814	+
	4815	+	HB3641 Enrolled - 135 - LRB103 30390 HLH 56820 b
	4816	+
	4817	+
	4818	+	HB3641 Enrolled- 136 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 136 - LRB103 30390 HLH 56820 b
	4819	+	HB3641 Enrolled - 136 - LRB103 30390 HLH 56820 b
	4820	+	1 victim for his or her support, may be compensated for
	4821	+	2 reasonable expenses of the victim to the extent to which
	4822	+	3 he or she has paid or become obligated to pay such expenses
	4823	+	4 and only after compensation for reasonable funeral,
	4824	+	5 medical and hospital expenses of the victim have been
	4825	+	6 awarded may compensation be made for reasonable expenses
	4826	+	7 of the victim incurred for psychological treatment of a
	4827	+	8 mental or emotional condition caused or aggravated by the
	4828	+	9 crime. Persons that have paid or become obligated to pay
	4829	+	10 expenses for a victim shall share the maximum award with
	4830	+	11 the amount divided in proportion to the amount of the
	4831	+	12 actual loss among those entitled to compensation.
	4832	+	13 (d) An award shall be reduced or denied according to
	4833	+	14 the extent to which the victim's injury or death was
	4834	+	15 caused by provocation or incitement by the victim or the
	4835	+	16 victim assisting, attempting, or committing a criminal
	4836	+	17 act. A denial or reduction shall not automatically bar the
	4837	+	18 survivors of homicide victims from receiving compensation
	4838	+	19 for counseling, crime scene cleanup, relocation, funeral
	4839	+	20 or burial costs, and loss of support if the survivor's
	4840	+	21 actions have not initiated, provoked, or aggravated the
	4841	+	22 suspect into initiating the qualifying crime.
	4842	+	23 (e) An award shall be reduced by the amount of
	4843	+	24 benefits, payments or awards payable under those sources
	4844	+	25 which are required to be listed under item (7) of Section
	4845	+	26 7.1(a) and any other sources except annuities, pension
	4846	+
	4847	+
	4848	+
	4849	+
	4850	+
	4851	+	HB3641 Enrolled - 136 - LRB103 30390 HLH 56820 b
	4852	+
	4853	+
	4854	+	HB3641 Enrolled- 137 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 137 - LRB103 30390 HLH 56820 b
	4855	+	HB3641 Enrolled - 137 - LRB103 30390 HLH 56820 b
	4856	+	1 plans, Federal Social Security payments payable to
	4857	+	2 dependents of the victim and the net proceeds of the first
	4858	+	3 $25,000 of life insurance that would inure to the benefit
	4859	+	4 of the applicant, which the applicant or any other person
	4860	+	5 dependent for the support of a deceased victim, as the
	4861	+	6 case may be, has received or to which he or she is entitled
	4862	+	7 as a result of injury to or death of the victim.
	4863	+	8 (f) A final award shall not exceed $10,000 for a crime
	4864	+	9 committed prior to September 22, 1979, $15,000 for a crime
	4865	+	10 committed on or after September 22, 1979 and prior to
	4866	+	11 January 1, 1986, $25,000 for a crime committed on or after
	4867	+	12 January 1, 1986 and prior to August 7, 1998, $27,000 for a
	4868	+	13 crime committed on or after August 7, 1998 and prior to
	4869	+	14 August 7, 2022, or $45,000 per victim for a crime
	4870	+	15 committed on or after August 7, 2022. For any applicant
	4871	+	16 who is not a victim, if If the total pecuniary loss is
	4872	+	17 greater than the maximum amount allowed, the award shall
	4873	+	18 be divided in proportion to the amount of actual loss
	4874	+	19 among those entitled to compensation who are not victims.
	4875	+	20 (g) Compensation under this Act is a secondary source
	4876	+	21 of compensation and the applicant must show that he or she
	4877	+	22 has exhausted the benefits reasonably available under the
	4878	+	23 Criminal Victims' Escrow Account Act or any governmental
	4879	+	24 or medical or health insurance programs, including, but
	4880	+	25 not limited to, Workers' Compensation, the Federal
	4881	+	26 Medicare program, the State Public Aid program, Social
	4882	+
	4883	+
	4884	+
	4885	+
	4886	+
	4887	+	HB3641 Enrolled - 137 - LRB103 30390 HLH 56820 b
	4888	+
	4889	+
	4890	+	HB3641 Enrolled- 138 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 138 - LRB103 30390 HLH 56820 b
	4891	+	HB3641 Enrolled - 138 - LRB103 30390 HLH 56820 b
	4892	+	1 Security Administration burial benefits, and Veterans
	4893	+	2 Administration burial benefits, and life, health,
	4894	+	3 accident, full vehicle coverage (including towing
	4895	+	4 insurance, if available), or liability insurance.
	4896	+	5 (Source: P.A. 102-27, eff. 1-1-22; 102-905, eff. 1-1-23.)
	4897	+	6 Section 65. The Day and Temporary Labor Services Act is
	4898	+	7 amended by changing Section 42 as follows:
	4899	+	8 (820 ILCS 175/42)
	4900	+	9 Sec. 42. Equal pay for equal work. A day or temporary
	4901	+	10 laborer who is assigned to work at a third party client for
	4902	+	11 more than 90 calendar days shall be paid not less than the rate
	4903	+	12 of pay and equivalent benefits as the lowest paid directly
	4904	+	13 hired employee of the third party client with the same level of
	4905	+	14 seniority at the company and performing the same or
	4906	+	15 substantially similar work on jobs the performance of which
	4907	+	16 requires substantially similar skill, effort, and
	4908	+	17 responsibility, and that are performed under similar working
	4909	+	18 conditions. If there is not a directly hired comparative
	4910	+	19 employee of the third party client, the day or temporary
	4911	+	20 laborer shall be paid not less than the rate of pay and
	4912	+	21 equivalent benefits of the lowest paid direct hired employee
	4913	+	22 of the company with the closest level of seniority at the
	4914	+	23 company. A day and temporary labor service agency may pay the
	4915	+	24 hourly cash equivalent of the actual cost benefits in lieu of
	4916	+
	4917	+
	4918	+
	4919	+
	4920	+
	4921	+	HB3641 Enrolled - 138 - LRB103 30390 HLH 56820 b
	4922	+
	4923	+
	4924	+	HB3641 Enrolled- 139 -LRB103 30390 HLH 56820 b HB3641 Enrolled - 139 - LRB103 30390 HLH 56820 b
	4925	+	HB3641 Enrolled - 139 - LRB103 30390 HLH 56820 b
	4926	+	1 benefits required under this Section. Upon request, a third
	4927	+	2 party client to which a day or temporary laborer has been
	4928	+	3 assigned for more than 90 calendar days shall be obligated to
	4929	+	4 timely provide the day and temporary labor service agency with
	4930	+	5 all necessary information related to job duties, pay, and
	4931	+	6 benefits of directly hired employees necessary for the day and
	4932	+	7 temporary labor service agency to comply with this Section.
	4933	+	8 The failure by a third party client to provide any of the
	4934	+	9 information required under this Section shall constitute a
	4935	+	10 notice violation by the third party client under Section 95.
	4936	+	11 For purposes of this Section, the day and temporary labor
	4937	+	12 service agency shall be considered a person aggrieved as
	4938	+	13 described in Section 95. For the purposes of this Section, the
	4939	+	14 calculation of the 90 calendar days may not begin until April
	4940	+	15 1, 2024.
	4941	+	16 (Source: P.A. 103-437, eff. 8-4-23.)
	4942	+	17 Section 95. No acceleration or delay. Where this Act makes
	4943	+	18 changes in a statute that is represented in this Act by text
	4944	+	19 that is not yet or no longer in effect (for example, a Section
	4945	+	20 represented by multiple versions), the use of that text does
	4946	+	21 not accelerate or delay the taking effect of (i) the changes
	4947	+	22 made by this Act or (ii) provisions derived from any other
	4948	+	23 Public Act.
	4949	+
	4950	+
	4951	+
	4952	+
	4953	+
	4954	+	HB3641 Enrolled - 139 - LRB103 30390 HLH 56820 b