Public Act 103-0564
HB3641 EnrolledLRB103 30390 HLH 56820 b HB3641 Enrolled LRB103 30390 HLH 56820 b
HB3641 Enrolled LRB103 30390 HLH 56820 b
AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Employees Group Insurance Act of 1971
is amended by changing Section 6.11C as follows:
(5 ILCS 375/6.11C)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 6.11C. Coverage for injectable medicines to improve
glucose or weight loss. Beginning on July 1, 2024, January 1,
2024, the State Employees Group Insurance Program shall
provide coverage for all types of medically necessary, as
determined by a physician licensed to practice medicine in all
its branches, injectable medicines prescribed on-label or
off-label to improve glucose or weight loss for use by adults
diagnosed or previously diagnosed with prediabetes,
gestational diabetes, or obesity. To continue to qualify for
coverage under this Section, the continued treatment must be
medically necessary, and covered members must, if given
advance, written notice, participate in a lifestyle management
plan administered by their health plan. This Section does not
apply to individuals covered by a Medicare Advantage
Prescription Drug Plan.
HB3641 Enrolled LRB103 30390 HLH 56820 b
(Source: P.A. 103-8, eff. 1-1-24.)
Section 10. The Children and Family Services Act is
amended by changing Section 5.46 as follows:
(20 ILCS 505/5.46)
Sec. 5.46. Application for Social Security benefits,
Supplemental Security Income, Veterans benefits, and Railroad
Retirement benefits.
(a) Definitions. As used in this Section:
"Achieving a Better Life Experience Account" or "ABLE
account" means an account established for the purpose of
financing certain qualified expenses of eligible individuals
as specifically provided for in Section 529A of the Internal
Revenue Code and Section 16.6 of the State Treasurer Act.
"Benefits" means Social Security benefits, Supplemental
Security Income, Veterans benefits, and Railroad Retirement
benefits.
"DCFS Guardianship Administrator" means a Department
representative appointed as guardian of the person or legal
custodian of the minor youth in care.
"Youth's attorney and guardian ad litem" means the person
appointed as the youth's attorney or guardian ad litem in
accordance with the Juvenile Court Act of 1987 in the
proceeding in which the Department is appointed as the youth's
guardian or custodian.
(b) Application for benefits.
(1) Upon receiving temporary custody or guardianship
of a youth in care, the Department shall assess the youth
to determine whether the youth may be eligible for
benefits. If, after the assessment, the Department
determines that the youth may be eligible for benefits,
the Department shall ensure that an application is filed
on behalf of the youth. The Department shall prescribe by
rule how it will review cases of youth in care at regular
intervals to determine whether the youth may have become
eligible for benefits after the initial assessment. The
Department shall make reasonable efforts to encourage
youth in care over the age of 18 who are likely eligible
for benefits to cooperate with the application process and
to assist youth with the application process.
(2) When applying for benefits under this Section for
a youth in care the Department shall identify a
representative payee in accordance with the requirements
of 20 CFR 404.2021 and 416.621. If the Department is
seeking to be appointed as the youth's representative
payee, the Department must consider input, if provided,
from the youth's attorney and guardian ad litem regarding
whether another representative payee, consistent with the
requirements of 20 CFR 404.2021 and 416.621, is available.
If the Department serves as the representative payee for a
youth over the age of 18, the Department shall request a
court order, as described in subparagraph (C) of paragraph
(1) of subsection (d) and in subparagraph (C) of paragraph
(2) of subsection (d).
(c) Notifications. The Department shall immediately notify
a youth over the age of 16, the youth's attorney and guardian
ad litem, and the youth's parent or legal guardian or another
responsible adult of:
(1) any application for or any application to become
representative payee for benefits on behalf of a youth in
care;
(2) beginning January 1, 2025, any communications from
the Social Security Administration, the U.S. Department of
Veterans Affairs, or the Railroad Retirement Board
pertaining to the acceptance or denial of benefits or the
selection of a representative payee; and
(3) beginning January 1, 2025, any appeal or other
action requested by the Department regarding an
application for benefits.
(d) Use of benefits. Consistent with federal law, when the
Department serves as the representative payee for a youth
receiving benefits and receives benefits on the youth's
behalf, the Department shall:
(1) Beginning January 1, 2024 2023, ensure that when
the youth attains the age of 14 years and until the
Department no longer serves as the representative payee, a
minimum percentage of the youth's Supplemental Security
Income benefits are conserved in accordance with paragraph
(4) as follows:
(A) From the age of 14 through age 15, at least
40%.
(B) From the age of 16 through age 17, at least
80%.
(C) From the age of 18 and older through 20, 100%,
when a court order has been entered expressly
authorizing allowing the DCFS Guardianship
Administrator to serve as the designated
representative to establish an ABLE account on behalf
of a youth Department to have the authority to
establish and serve as an authorized agent of the
youth over the age of 18 with respect to an account
established in accordance with paragraph (4).
(2) Beginning January 1, 2024, ensure that when the
youth attains the age of 14 years and until the Department
no longer serves as the representative payee a minimum
percentage of the youth's Social Security benefits,
Veterans benefits, or Railroad Retirement benefits are
conserved in accordance with paragraph (3) or (4), as
applicable, as follows:
(A) From the age of 14 through age 15, at least
40%.
(B) From the age of 16 through age 17, at least
80%.
(C) From the age of 18 through 20, 100%. If
establishment of an ABLE account is necessary to
conserve benefits for youth age 18 and older, then
benefits shall be conserved in accordance with
paragraph (4) when a court order has been entered
expressly authorizing the DCFS Guardianship
Administrator to serve as the designated
representative to establish an ABLE account on behalf
of a youth , when a court order has been entered
expressly allowing the Department to have the
authority to establish and serve as an authorized
agent of the youth over the age of 18 with respect to
an account established in accordance with paragraph
(4).
(3) Exercise discretion in accordance with federal law
and in the best interests of the youth when making
decisions to use or conserve the youth's benefits that are
less than or not subject to asset or resource limits under
federal law, including using the benefits to address the
youth's special needs and conserving the benefits for the
youth's reasonably foreseeable future needs.
(4) Appropriately monitor any federal asset or
resource limits for the Supplemental Security Income
benefits and ensure that the youth's best interest is
served by using or conserving the benefits in a way that
avoids violating any federal asset or resource limits that
would affect the youth's eligibility to receive the
benefits, including, but not limited to:
(A) applying to the Social Security Administration
to establish a Plan to Achieve Self-Support (PASS)
Account for the youth under the Social Security Act
and determining whether it is in the best interest of
the youth to conserve all or parts of the benefits in
the PASS account;
(B) establishing a 529 plan for the youth and
conserving the youth's benefits in that account in a
manner that appropriately avoids any federal asset or
resource limits;
(C) establishing an Individual Development Account
for the youth and conserving the youth's benefits in
that account in a manner that appropriately avoids any
federal asset or resource limits;
(A) (D) establishing an ABLE account authorized by
Section 529A of the Internal Revenue Code of 1986, for
the youth and conserving the youth's benefits in that
account in a manner that appropriately avoids any
federal asset or resource limits;
(E) establishing a Social Security Plan to Achieve
Self-Support account for the youth and conserving the
youth's benefits in a manner that appropriately avoids
any federal asset or resource limits;
(F) establishing a special needs trust for the
youth and conserving the youth's benefits in the trust
in a manner that is consistent with federal
requirements for special needs trusts and that
appropriately avoids any federal asset or resource
limits;
(B) (G) if the Department determines that using
the benefits for services for current special needs
not already provided by the Department is in the best
interest of the youth, using the benefits for those
services;
(C) (H) if federal law requires certain back
payments of benefits to be placed in a dedicated
account, complying with the requirements for dedicated
accounts under 20 CFR 416.640(e); and
(D) (I) applying any other exclusions from federal
asset or resource limits available under federal law
and using or conserving the youth's benefits in a
manner that appropriately avoids any federal asset or
resource limits.
(e) By July 1, 2024, the Department shall provide a report
to the General Assembly regarding youth in care who receive
benefits who are not subject to this Act. The report shall
discuss a goal of expanding conservation of children's
benefits to all benefits of all children of any age for whom
the Department serves as representative payee. The report
shall include a description of any identified obstacles, steps
to be taken to address the obstacles, and a description of any
need for statutory, rule, or procedural changes.
(f) (1) Accounting.
(A) Beginning on the effective date of this amendatory
Act of the 103rd General Assembly through December 31,
2024, upon request of the youth's attorney or guardian ad
litem, the The Department shall provide an annual
accounting to the youth's attorney and guardian ad litem
of how the youth's benefits have been used and conserved.
(B) Beginning January 1, 2025 and every year
thereafter, an annual accounting of how the youth's
benefits have been used and conserved shall be provided
automatically to the youth's attorney and guardian ad
litem.
(C) In addition, within 10 business days of a request
from a youth or the youth's attorney and guardian ad
litem, the Department shall provide an accounting to the
youth of how the youth's benefits have been used and
conserved.
(2) The accounting shall include:
(A) (1) The amount of benefits received on the
youth's behalf since the most recent accounting and
the date the benefits were received.
(B) (2) Information regarding the youth's benefits
and resources, including the youth's benefits,
insurance, cash assets, trust accounts, earnings, and
other resources.
(C) (3) An accounting of the disbursement of
benefit funds, including the date, amount,
identification of payee, and purpose.
(D) (4) Information regarding each request by the
youth, the youth's attorney and guardian ad litem, or
the youth's caregiver for disbursement of funds and a
statement regarding the reason for not granting the
request if the request was denied.
When the Department's guardianship of the youth is being
terminated, prior to or upon the termination of guardianship,
the Department shall provide (i) a final accounting to the
Social Security Administration, to the youth's attorney and
guardian ad litem, and to either the person or persons who will
assume guardianship of the youth or who is in the process of
adopting the youth, if the youth is under 18, or to the youth,
if the youth is over 18 and (ii) information to the parent,
guardian, or youth regarding how to apply to become the
designated representative for the youth's ABLE account payee.
The Department shall adopt rules to ensure that the
representative payee transitions occur in a timely and
appropriate manner.
(g) Education Financial literacy. The Department shall
provide the youth who have funds conserved under paragraphs
(1) and (2) of subsection (d) with education with financial
literacy training and support, including specific information
regarding the existence, availability, and use of funds
conserved for the youth in accordance with paragraphs (1) and
(2) of subsection (d) this subsection, beginning by age 14 in a
developmentally appropriate manner. The education literacy
program and support services shall be developed in
consultation with input from the Department's Statewide Youth
Advisory Board. Education and informational materials related
to ABLE accounts shall be developed in consultation with and
approved by the State Treasurer.
(h) Adoption of rules. The Department shall adopt rules to
implement the provisions of this Section by January 1, 2024
2023.
(i) Reporting. No later than February 28, 2023, the
Department shall file a report with the General Assembly
providing the following information for State Fiscal Years
2019, 2020, 2021, and 2022 and annually beginning February 28,
2023, for the preceding fiscal year:
(1) The number of youth entering care.
(2) The number of youth entering care receiving each
of the following types of benefits: Social Security
benefits, Supplemental Security Income, Veterans benefits,
Railroad Retirement benefits.
(3) The number of youth entering care for whom the
Department filed an application for each of the following
types of benefits: Social Security benefits, Supplemental
Security Income, Veterans benefits, Railroad Retirement
benefits.
(4) The number of youth entering care who were awarded
each of the following types of benefits based on an
application filed by the Department: Social Security
benefits, Supplemental Security Income, Veterans benefits,
Railroad Retirement benefits.
(j) Annually beginning December 31, 2023, the Department
shall file a report with the General Assembly with the
following information regarding the preceding fiscal year:
(1) the number of conserved accounts established and
maintained for youth in care;
(2) the average amount conserved by age group; and
(3) the total amount conserved by age group.
(Source: P.A. 102-1014, eff. 5-27-22; 103-154, eff. 6-30-23.)
Section 15. The Illinois State Police Law of the Civil
Administrative Code of Illinois is amended by changing Section
2605-10 as follows:
(20 ILCS 2605/2605-10) (was 20 ILCS 2605/55a in part)
(Text of Section before amendment by P.A. 103-34)
Sec. 2605-10. Powers and duties, generally.
(a) The Illinois State Police shall exercise the rights,
powers, and duties that have been vested in the Illinois State
Police by the following:
The Illinois State Police Act.
The Illinois State Police Radio Act.
The Criminal Identification Act.
The Illinois Vehicle Code.
The Firearm Owners Identification Card Act.
The Firearm Concealed Carry Act.
The Gun Dealer Licensing Act.
The Intergovernmental Missing Child Recovery Act of
1984.
The Intergovernmental Drug Laws Enforcement Act.
The Narcotic Control Division Abolition Act.
(b) The Illinois State Police shall have the powers and
duties set forth in the following Sections.
(Source: P.A. 102-538, eff. 8-20-21.)
(Text of Section after amendment by P.A. 103-34)
Sec. 2605-10. Powers and duties, generally.
(a) The Illinois State Police shall exercise the rights,
powers, and duties that have been vested in the Illinois State
Police by the following:
The Illinois State Police Act.
The Illinois State Police Radio Act.
The Criminal Identification Act.
The Illinois Vehicle Code.
The Firearm Owners Identification Card Act.
The Firearm Concealed Carry Act.
The Firearm Dealer License Certification Act.
The Intergovernmental Missing Child Recovery Act of
1984.
The Intergovernmental Drug Laws Enforcement Act.
The Narcotic Control Division Abolition Act.
The Illinois Uniform Conviction Information Act.
The Murderer and Violent Offender Against Youth
Registration Act.
(b) The Illinois State Police shall have the powers and
duties set forth in the following Sections.
(c) The Illinois State Police shall exercise the rights,
powers, and duties vested in the Illinois State Police to
implement the following protective service functions for State
facilities, State officials, and State employees serving in
their official capacity:
(1) Utilize subject matter expertise and law
enforcement authority to strengthen the protection of
State government facilities, State employees, State
officials, and State critical infrastructure.
(2) Coordinate State, federal, and local law
enforcement activities involving the protection of State
facilities, officials, and employees.
(3) Conduct investigations of criminal threats to
State facilities, State critical infrastructure, State
officials, and State employees.
(4) Train State officials and employees in personal
protection, crime prevention, facility occupant emergency
planning, and incident management.
(5) Establish standard protocols for prevention and
response to criminal threats to State facilities, State
officials, State employees, and State critical
infrastructure, and standard protocols for reporting of
suspicious activities.
(6) Establish minimum operational standards,
qualifications, training, and compliance requirements for
State employees and contractors engaged in the protection
of State facilities and employees.
(7) At the request of departments or agencies of State
government, conduct security assessments, including, but
not limited to, examination of alarm systems, cameras
systems, access points, personnel readiness, and emergency
protocols based on risk and need.
(8) Oversee the planning and implementation of
security and law enforcement activities necessary for the
protection of major, multi-jurisdictional events
implicating potential criminal threats to State officials,
State employees, or State-owned, State-leased, or
State-operated critical infrastructure or facilities.
(9) Oversee and direct the planning and implementation
of security and law enforcement activities by the
departments and agencies of the State necessary for the
protection of State employees, State officials, and
State-owned, State-leased, or State-operated critical
infrastructure or facilities from criminal activity.
(10) Advise the Governor and Homeland Security Advisor
on any matters necessary for the effective protection of
State facilities, critical infrastructure, officials, and
employees from criminal threats.
(11) Utilize intergovernmental agreements and
administrative rules as needed for the effective,
efficient implementation of law enforcement and support
activities necessary for the protection of State
facilities, State infrastructure, State employees, and,
upon the express written consent of State constitutional
officials, State constitutional officials, and State
employees.
(Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24;
revised 9-25-23.)
Section 20. The Alternative Protein Innovation Task Force
Act is amended by changing Sections 15 and 20 as follows:
(20 ILCS 4128/15)
Sec. 15. Membership; appointments; meeting.
(a) The Alternative Protein Innovation Task Force shall
consist of the following members:
(1) one member of the Senate, who shall be appointed
by the President of the Senate and shall serve as co-chair
of the Task Force;
(2) one member of the Senate, who shall be appointed
by the Minority Leader of the Senate;
(3) one member of the House of Representatives, who
shall be appointed by the Speaker of the House of
Representatives and shall serve as co-chair of the Task
Force;
(4) one member of the House of Representatives, who
shall be appointed by the Minority Leader of the House of
Representatives;
(5) the Director Secretary of Commerce and Economic
Opportunity or the Director's Secretary's designee;
(6) the Director of Agriculture or the Director's
designee;
(7) 5 members who are appointed by the Director of
Agriculture. Of the members appointed by the Director of
Agriculture, 3 members shall be commercial producers of
agricultural commodities, of which one member shall be
from the largest statewide agricultural association; and 2
members shall be representatives from the University of
Illinois College of Agricultural, Consumer and
Environmental Sciences engaged in nutritional research;
and
(8) 6 members who are appointed by the Governor. Of
the members appointed by the Governor, 2 members shall be
engaged in academic or scientific research on alternative
protein development at a State college or university; one
member shall be a representative of a nonprofit
organization dedicated to the development and
accessibility of alternative proteins; one member shall be
a representative of the State's agricultural biotechnology
industry; one member shall be the president of the
Illinois Biotechnology Industry Organization or the
organization's designee; and one member shall be a
representative from a multinational food processing and
manufacturing corporation headquartered in this State.
(b) Members of the Task Force shall not receive
compensation for their services to the Task Force.
(c) All appointments shall be made not later than 30 days
after the effective date of this Act.
(d) The co-chairs of the Task Force shall schedule no
fewer than 4 meetings of the Task Force, including not less
than one public hearing. The co-chairs shall convene the first
meeting of the Task Force within 60 days after the effective
date of this Act.
(e) The Department of Agriculture shall provide
administrative and other support to the Task Force.
(Source: P.A. 103-543, eff. 8-11-23; revised 10-19-23.)
(20 ILCS 4128/20)
Sec. 20. Report; dissolution of Task Force; repeal of Act.
(a)The Task Force shall submit a report of its findings
and recommendations to the General Assembly no later than June
30, 2024 December 31, 2023.
(b) The Task Force shall be dissolved on December 31,
2024.
(c) This Act is repealed on January 1, 2025.
(Source: P.A. 103-543, eff. 8-11-23.)
Section 25. The Illinois Procurement Code is amended by
changing Section 20-10 as follows:
(30 ILCS 500/20-10)
(Text of Section before amendment by P.A. 103-558)
(Text of Section from P.A. 96-159, 96-588, 97-96, 97-895,
98-1076, 99-906, 100-43, 101-31, 101-657, and 102-29)
Sec. 20-10. Competitive sealed bidding; reverse auction.
(a) Conditions for use. All contracts shall be awarded by
competitive sealed bidding except as otherwise provided in
Section 20-5.
(b) Invitation for bids. An invitation for bids shall be
issued and shall include a purchase description and the
material contractual terms and conditions applicable to the
procurement.
(c) Public notice. Public notice of the invitation for
bids shall be published in the Illinois Procurement Bulletin
at least 14 calendar days before the date set in the invitation
for the opening of bids.
(d) Bid opening. Bids shall be opened publicly or through
an electronic procurement system in the presence of one or
more witnesses at the time and place designated in the
invitation for bids. The name of each bidder, including earned
and applied bid credit from the Illinois Works Jobs Program
Act, the amount of each bid, and other relevant information as
may be specified by rule shall be recorded. After the award of
the contract, the winning bid and the record of each
unsuccessful bid shall be open to public inspection.
(e) Bid acceptance and bid evaluation. Bids shall be
unconditionally accepted without alteration or correction,
except as authorized in this Code. Bids shall be evaluated
based on the requirements set forth in the invitation for
bids, which may include criteria to determine acceptability
such as inspection, testing, quality, workmanship, delivery,
and suitability for a particular purpose. Those criteria that
will affect the bid price and be considered in evaluation for
award, such as discounts, transportation costs, and total or
life cycle costs, shall be objectively measurable. The
invitation for bids shall set forth the evaluation criteria to
be used.
(f) Correction or withdrawal of bids. Correction or
withdrawal of inadvertently erroneous bids before or after
award, or cancellation of awards of contracts based on bid
mistakes, shall be permitted in accordance with rules. After
bid opening, no changes in bid prices or other provisions of
bids prejudicial to the interest of the State or fair
competition shall be permitted. All decisions to permit the
correction or withdrawal of bids based on bid mistakes shall
be supported by written determination made by a State
purchasing officer.
(g) Award. The contract shall be awarded with reasonable
promptness by written notice to the lowest responsible and
responsive bidder whose bid meets the requirements and
criteria set forth in the invitation for bids, except when a
State purchasing officer determines it is not in the best
interest of the State and by written explanation determines
another bidder shall receive the award. The explanation shall
appear in the appropriate volume of the Illinois Procurement
Bulletin. The written explanation must include:
(1) a description of the agency's needs;
(2) a determination that the anticipated cost will be
fair and reasonable;
(3) a listing of all responsible and responsive
bidders; and
(4) the name of the bidder selected, the total
contract price, and the reasons for selecting that bidder.
Each chief procurement officer may adopt guidelines to
implement the requirements of this subsection (g).
The written explanation shall be filed with the
Legislative Audit Commission, and the Commission on Equity and
Inclusion, and the Procurement Policy Board, and be made
available for inspection by the public, within 14 calendar
days after the agency's decision to award the contract.
(h) Multi-step sealed bidding. When it is considered
impracticable to initially prepare a purchase description to
support an award based on price, an invitation for bids may be
issued requesting the submission of unpriced offers to be
followed by an invitation for bids limited to those bidders
whose offers have been qualified under the criteria set forth
in the first solicitation.
(i) Alternative procedures. Notwithstanding any other
provision of this Act to the contrary, the Director of the
Illinois Power Agency may create alternative bidding
procedures to be used in procuring professional services under
Section 1-56, subsections (a) and (c) of Section 1-75 and
subsection (d) of Section 1-78 of the Illinois Power Agency
Act and Section 16-111.5(c) of the Public Utilities Act and to
procure renewable energy resources under Section 1-56 of the
Illinois Power Agency Act. These alternative procedures shall
be set forth together with the other criteria contained in the
invitation for bids, and shall appear in the appropriate
volume of the Illinois Procurement Bulletin.
(j) Reverse auction. Notwithstanding any other provision
of this Section and in accordance with rules adopted by the
chief procurement officer, that chief procurement officer may
procure supplies or services through a competitive electronic
auction bidding process after the chief procurement officer
determines that the use of such a process will be in the best
interest of the State. The chief procurement officer shall
publish that determination in his or her next volume of the
Illinois Procurement Bulletin.
An invitation for bids shall be issued and shall include
(i) a procurement description, (ii) all contractual terms,
whenever practical, and (iii) conditions applicable to the
procurement, including a notice that bids will be received in
an electronic auction manner.
Public notice of the invitation for bids shall be given in
the same manner as provided in subsection (c).
Bids shall be accepted electronically at the time and in
the manner designated in the invitation for bids. During the
auction, a bidder's price shall be disclosed to other bidders.
Bidders shall have the opportunity to reduce their bid prices
during the auction. At the conclusion of the auction, the
record of the bid prices received and the name of each bidder
shall be open to public inspection.
After the auction period has terminated, withdrawal of
bids shall be permitted as provided in subsection (f).
The contract shall be awarded within 60 calendar days
after the auction by written notice to the lowest responsible
bidder, or all bids shall be rejected except as otherwise
provided in this Code. Extensions of the date for the award may
be made by mutual written consent of the State purchasing
officer and the lowest responsible bidder.
This subsection does not apply to (i) procurements of
professional and artistic services, (ii) telecommunications
services, communication services, and information services,
and (iii) contracts for construction projects, including
design professional services.
(Source: P.A. 101-31, eff. 6-28-19; 101-657, eff. 1-1-22;
102-29, eff. 6-25-21.)
(Text of Section from P.A. 96-159, 96-795, 97-96, 97-895,
98-1076, 99-906, 100-43, 101-31, 101-657, and 102-29)
Sec. 20-10. Competitive sealed bidding; reverse auction.
(a) Conditions for use. All contracts shall be awarded by
competitive sealed bidding except as otherwise provided in
Section 20-5.
(b) Invitation for bids. An invitation for bids shall be
issued and shall include a purchase description and the
material contractual terms and conditions applicable to the
procurement.
(c) Public notice. Public notice of the invitation for
bids shall be published in the Illinois Procurement Bulletin
at least 14 calendar days before the date set in the invitation
for the opening of bids.
(d) Bid opening. Bids shall be opened publicly or through
an electronic procurement system in the presence of one or
more witnesses at the time and place designated in the
invitation for bids. The name of each bidder, including earned
and applied bid credit from the Illinois Works Jobs Program
Act, the amount of each bid, and other relevant information as
may be specified by rule shall be recorded. After the award of
the contract, the winning bid and the record of each
unsuccessful bid shall be open to public inspection.
(e) Bid acceptance and bid evaluation. Bids shall be
unconditionally accepted without alteration or correction,
except as authorized in this Code. Bids shall be evaluated
based on the requirements set forth in the invitation for
bids, which may include criteria to determine acceptability
such as inspection, testing, quality, workmanship, delivery,
and suitability for a particular purpose. Those criteria that
will affect the bid price and be considered in evaluation for
award, such as discounts, transportation costs, and total or
life cycle costs, shall be objectively measurable. The
invitation for bids shall set forth the evaluation criteria to
be used.
(f) Correction or withdrawal of bids. Correction or
withdrawal of inadvertently erroneous bids before or after
award, or cancellation of awards of contracts based on bid
mistakes, shall be permitted in accordance with rules. After
bid opening, no changes in bid prices or other provisions of
bids prejudicial to the interest of the State or fair
competition shall be permitted. All decisions to permit the
correction or withdrawal of bids based on bid mistakes shall
be supported by written determination made by a State
purchasing officer.
(g) Award. The contract shall be awarded with reasonable
promptness by written notice to the lowest responsible and
responsive bidder whose bid meets the requirements and
criteria set forth in the invitation for bids, except when a
State purchasing officer determines it is not in the best
interest of the State and by written explanation determines
another bidder shall receive the award. The explanation shall
appear in the appropriate volume of the Illinois Procurement
Bulletin. The written explanation must include:
(1) a description of the agency's needs;
(2) a determination that the anticipated cost will be
fair and reasonable;
(3) a listing of all responsible and responsive
bidders; and
(4) the name of the bidder selected, the total
contract price, and the reasons for selecting that bidder.
Each chief procurement officer may adopt guidelines to
implement the requirements of this subsection (g).
The written explanation shall be filed with the
Legislative Audit Commission, and the Commission on Equity and
Inclusion, and the Procurement Policy Board, and be made
available for inspection by the public, within 14 days after
the agency's decision to award the contract.
(h) Multi-step sealed bidding. When it is considered
impracticable to initially prepare a purchase description to
support an award based on price, an invitation for bids may be
issued requesting the submission of unpriced offers to be
followed by an invitation for bids limited to those bidders
whose offers have been qualified under the criteria set forth
in the first solicitation.
(i) Alternative procedures. Notwithstanding any other
provision of this Act to the contrary, the Director of the
Illinois Power Agency may create alternative bidding
procedures to be used in procuring professional services under
subsections (a) and (c) of Section 1-75 and subsection (d) of
Section 1-78 of the Illinois Power Agency Act and Section
16-111.5(c) of the Public Utilities Act and to procure
renewable energy resources under Section 1-56 of the Illinois
Power Agency Act. These alternative procedures shall be set
forth together with the other criteria contained in the
invitation for bids, and shall appear in the appropriate
volume of the Illinois Procurement Bulletin.
(j) Reverse auction. Notwithstanding any other provision
of this Section and in accordance with rules adopted by the
chief procurement officer, that chief procurement officer may
procure supplies or services through a competitive electronic
auction bidding process after the chief procurement officer
determines that the use of such a process will be in the best
interest of the State. The chief procurement officer shall
publish that determination in his or her next volume of the
Illinois Procurement Bulletin.
An invitation for bids shall be issued and shall include
(i) a procurement description, (ii) all contractual terms,
whenever practical, and (iii) conditions applicable to the
procurement, including a notice that bids will be received in
an electronic auction manner.
Public notice of the invitation for bids shall be given in
the same manner as provided in subsection (c).
Bids shall be accepted electronically at the time and in
the manner designated in the invitation for bids. During the
auction, a bidder's price shall be disclosed to other bidders.
Bidders shall have the opportunity to reduce their bid prices
during the auction. At the conclusion of the auction, the
record of the bid prices received and the name of each bidder
shall be open to public inspection.
After the auction period has terminated, withdrawal of
bids shall be permitted as provided in subsection (f).
The contract shall be awarded within 60 calendar days
after the auction by written notice to the lowest responsible
bidder, or all bids shall be rejected except as otherwise
provided in this Code. Extensions of the date for the award may
be made by mutual written consent of the State purchasing
officer and the lowest responsible bidder.
This subsection does not apply to (i) procurements of
professional and artistic services, (ii) telecommunications
services, communication services, and information services,
and (iii) contracts for construction projects, including
design professional services.
(Source: P.A. 101-31, eff. 6-28-19; 101-657, eff. 1-1-22;
102-29, eff. 6-25-21.)
(Text of Section after amendment by P.A. 103-558)
(Text of Section from P.A. 96-159, 96-588, 97-96, 97-895,
98-1076, 99-906, 100-43, 101-31, 101-657, 102-29, and 103-558)
Sec. 20-10. Competitive sealed bidding; reverse auction.
(a) Conditions for use. All contracts shall be awarded by
competitive sealed bidding except as otherwise provided in
Section 20-5.
(b) Invitation for bids. An invitation for bids shall be
issued and shall include a purchase description and the
material contractual terms and conditions applicable to the
procurement.
(c) Public notice. Public notice of the invitation for
bids shall be published in the Illinois Procurement Bulletin
at least 14 calendar days before the date set in the invitation
for the opening of bids.
(d) Bid opening. Bids shall be opened publicly or through
an electronic procurement system in the presence of one or
more witnesses at the time and place designated in the
invitation for bids. The name of each bidder, including earned
and applied bid credit from the Illinois Works Jobs Program
Act, the amount of each bid, and other relevant information as
may be specified by rule shall be recorded. After the award of
the contract, the winning bid and the record of each
unsuccessful bid shall be open to public inspection.
(e) Bid acceptance and bid evaluation. Bids shall be
unconditionally accepted without alteration or correction,
except as authorized in this Code. Bids shall be evaluated
based on the requirements set forth in the invitation for
bids, which may include criteria to determine acceptability
such as inspection, testing, quality, workmanship, delivery,
and suitability for a particular purpose. Those criteria that
will affect the bid price and be considered in evaluation for
award, such as discounts, transportation costs, and total or
life cycle costs, shall be objectively measurable. The
invitation for bids shall set forth the evaluation criteria to
be used.
(f) Correction or withdrawal of bids. Correction or
withdrawal of inadvertently erroneous bids before or after
award, or cancellation of awards of contracts based on bid
mistakes, shall be permitted in accordance with rules. After
bid opening, no changes in bid prices or other provisions of
bids prejudicial to the interest of the State or fair
competition shall be permitted. All decisions to permit the
correction or withdrawal of bids based on bid mistakes shall
be supported by written determination made by a State
purchasing officer.
(g) Award. The contract shall be awarded with reasonable
promptness by written notice to the lowest responsible and
responsive bidder whose bid meets the requirements and
criteria set forth in the invitation for bids, except when a
State purchasing officer determines it is not in the best
interest of the State and by written explanation determines
another bidder shall receive the award. The explanation shall
appear in the appropriate volume of the Illinois Procurement
Bulletin. The written explanation must include:
(1) a description of the agency's needs;
(2) a determination that the anticipated cost will be
fair and reasonable;
(3) a listing of all responsible and responsive
bidders; and
(4) the name of the bidder selected, the total
contract price, and the reasons for selecting that bidder.
Each chief procurement officer may adopt guidelines to
implement the requirements of this subsection (g).
The written explanation shall be filed with the
Legislative Audit Commission, and the Commission on Equity and
Inclusion, and the Procurement Policy Board, and be made
available for inspection by the public, within 14 calendar
days after the agency's decision to award the contract.
(g-5) Failed bid notice. In addition to the requirements
of subsection (g), if a bidder has failed to be awarded a
contract after 4 consecutive bids to provide the same services
to the Department of Transportation, the Capital Development
Board, or the Illinois State Toll Highway Authority, the
applicable agency shall, in writing, detail why each of the 4
bids was not awarded to the bidder. The applicable agency
shall submit by certified copy to the bidder the reason or
reasons why each of the 4 bids was not awarded to the bidder.
The agency shall submit that certified copy to the bidder
within the same calendar quarter in which the fourth bid was
rejected. This subsection does not apply if information
pertaining to a failed bid was previously disclosed to a
bidder by electronic means. If any agency chooses to provide
information by electronic means, the agency shall have a
written policy outlining how the agency will reasonably ensure
the bidder receives the information. For the purposes of this
subsection, "electronic means" means an email communication
from the applicable agency to the bidder or a public posting on
the applicable agency's procurement bulletin.
(h) Multi-step sealed bidding. When it is considered
impracticable to initially prepare a purchase description to
support an award based on price, an invitation for bids may be
issued requesting the submission of unpriced offers to be
followed by an invitation for bids limited to those bidders
whose offers have been qualified under the criteria set forth
in the first solicitation.
(i) Alternative procedures. Notwithstanding any other
provision of this Act to the contrary, the Director of the
Illinois Power Agency may create alternative bidding
procedures to be used in procuring professional services under
Section 1-56, subsections (a) and (c) of Section 1-75 and
subsection (d) of Section 1-78 of the Illinois Power Agency
Act and Section 16-111.5(c) of the Public Utilities Act and to
procure renewable energy resources under Section 1-56 of the
Illinois Power Agency Act. These alternative procedures shall
be set forth together with the other criteria contained in the
invitation for bids, and shall appear in the appropriate
volume of the Illinois Procurement Bulletin.
(j) Reverse auction. Notwithstanding any other provision
of this Section and in accordance with rules adopted by the
chief procurement officer, that chief procurement officer may
procure supplies or services through a competitive electronic
auction bidding process after the chief procurement officer
determines that the use of such a process will be in the best
interest of the State. The chief procurement officer shall
publish that determination in his or her next volume of the
Illinois Procurement Bulletin.
An invitation for bids shall be issued and shall include
(i) a procurement description, (ii) all contractual terms,
whenever practical, and (iii) conditions applicable to the
procurement, including a notice that bids will be received in
an electronic auction manner.
Public notice of the invitation for bids shall be given in
the same manner as provided in subsection (c).
Bids shall be accepted electronically at the time and in
the manner designated in the invitation for bids. During the
auction, a bidder's price shall be disclosed to other bidders.
Bidders shall have the opportunity to reduce their bid prices
during the auction. At the conclusion of the auction, the
record of the bid prices received and the name of each bidder
shall be open to public inspection.
After the auction period has terminated, withdrawal of
bids shall be permitted as provided in subsection (f).
The contract shall be awarded within 60 calendar days
after the auction by written notice to the lowest responsible
bidder, or all bids shall be rejected except as otherwise
provided in this Code. Extensions of the date for the award may
be made by mutual written consent of the State purchasing
officer and the lowest responsible bidder.
This subsection does not apply to (i) procurements of
professional and artistic services, (ii) telecommunications
services, communication services, and information services,
and (iii) contracts for construction projects, including
design professional services.
(Source: P.A. 102-29, eff. 6-25-21; 103-558, eff. 1-1-24.)
(Text of Section from P.A. 96-159, 96-795, 97-96, 97-895,
98-1076, 99-906, 100-43, 101-31, 101-657, 102-29, and 103-558)
Sec. 20-10. Competitive sealed bidding; reverse auction.
(a) Conditions for use. All contracts shall be awarded by
competitive sealed bidding except as otherwise provided in
Section 20-5.
(b) Invitation for bids. An invitation for bids shall be
issued and shall include a purchase description and the
material contractual terms and conditions applicable to the
procurement.
(c) Public notice. Public notice of the invitation for
bids shall be published in the Illinois Procurement Bulletin
at least 14 calendar days before the date set in the invitation
for the opening of bids.
(d) Bid opening. Bids shall be opened publicly or through
an electronic procurement system in the presence of one or
more witnesses at the time and place designated in the
invitation for bids. The name of each bidder, including earned
and applied bid credit from the Illinois Works Jobs Program
Act, the amount of each bid, and other relevant information as
may be specified by rule shall be recorded. After the award of
the contract, the winning bid and the record of each
unsuccessful bid shall be open to public inspection.
(e) Bid acceptance and bid evaluation. Bids shall be
unconditionally accepted without alteration or correction,
except as authorized in this Code. Bids shall be evaluated
based on the requirements set forth in the invitation for
bids, which may include criteria to determine acceptability
such as inspection, testing, quality, workmanship, delivery,
and suitability for a particular purpose. Those criteria that
will affect the bid price and be considered in evaluation for
award, such as discounts, transportation costs, and total or
life cycle costs, shall be objectively measurable. The
invitation for bids shall set forth the evaluation criteria to
be used.
(f) Correction or withdrawal of bids. Correction or
withdrawal of inadvertently erroneous bids before or after
award, or cancellation of awards of contracts based on bid
mistakes, shall be permitted in accordance with rules. After
bid opening, no changes in bid prices or other provisions of
bids prejudicial to the interest of the State or fair
competition shall be permitted. All decisions to permit the
correction or withdrawal of bids based on bid mistakes shall
be supported by written determination made by a State
purchasing officer.
(g) Award. The contract shall be awarded with reasonable
promptness by written notice to the lowest responsible and
responsive bidder whose bid meets the requirements and
criteria set forth in the invitation for bids, except when a
State purchasing officer determines it is not in the best
interest of the State and by written explanation determines
another bidder shall receive the award. The explanation shall
appear in the appropriate volume of the Illinois Procurement
Bulletin. The written explanation must include:
(1) a description of the agency's needs;
(2) a determination that the anticipated cost will be
fair and reasonable;
(3) a listing of all responsible and responsive
bidders; and
(4) the name of the bidder selected, the total
contract price, and the reasons for selecting that bidder.
Each chief procurement officer may adopt guidelines to
implement the requirements of this subsection (g).
The written explanation shall be filed with the
Legislative Audit Commission, and the Commission on Equity and
Inclusion, and the Procurement Policy Board, and be made
available for inspection by the public, within 14 days after
the agency's decision to award the contract.
(g-5) Failed bid notice. In addition to the requirements
of subsection (g), if a bidder has failed to be awarded a
contract after 4 consecutive bids to provide the same services
to the Department of Transportation, the Capital Development
Board, or the Illinois State Toll Highway Authority, the
applicable agency shall, in writing, detail why each of the 4
bids was not awarded to the bidder. The applicable agency
shall submit by certified copy to the bidder the reason or
reasons why each of the 4 bids was not awarded to the bidder.
The agency shall submit that certified copy to the bidder
within the same calendar quarter in which the fourth bid was
rejected. This subsection does not apply if information
pertaining to a failed bid was previously disclosed to a
bidder by electronic means. If any agency chooses to provide
information by electronic means, the agency shall have a
written policy outlining how the agency will reasonably ensure
the bidder receives the information. For the purposes of this
subsection, "electronic means" means an email communication
from the applicable agency to the bidder or a public posting on
the applicable agency's procurement bulletin.
(h) Multi-step sealed bidding. When it is considered
impracticable to initially prepare a purchase description to
support an award based on price, an invitation for bids may be
issued requesting the submission of unpriced offers to be
followed by an invitation for bids limited to those bidders
whose offers have been qualified under the criteria set forth
in the first solicitation.
(i) Alternative procedures. Notwithstanding any other
provision of this Act to the contrary, the Director of the
Illinois Power Agency may create alternative bidding
procedures to be used in procuring professional services under
subsections (a) and (c) of Section 1-75 and subsection (d) of
Section 1-78 of the Illinois Power Agency Act and Section
16-111.5(c) of the Public Utilities Act and to procure
renewable energy resources under Section 1-56 of the Illinois
Power Agency Act. These alternative procedures shall be set
forth together with the other criteria contained in the
invitation for bids, and shall appear in the appropriate
volume of the Illinois Procurement Bulletin.
(j) Reverse auction. Notwithstanding any other provision
of this Section and in accordance with rules adopted by the
chief procurement officer, that chief procurement officer may
procure supplies or services through a competitive electronic
auction bidding process after the chief procurement officer
determines that the use of such a process will be in the best
interest of the State. The chief procurement officer shall
publish that determination in his or her next volume of the
Illinois Procurement Bulletin.
An invitation for bids shall be issued and shall include
(i) a procurement description, (ii) all contractual terms,
whenever practical, and (iii) conditions applicable to the
procurement, including a notice that bids will be received in
an electronic auction manner.
Public notice of the invitation for bids shall be given in
the same manner as provided in subsection (c).
Bids shall be accepted electronically at the time and in
the manner designated in the invitation for bids. During the
auction, a bidder's price shall be disclosed to other bidders.
Bidders shall have the opportunity to reduce their bid prices
during the auction. At the conclusion of the auction, the
record of the bid prices received and the name of each bidder
shall be open to public inspection.
After the auction period has terminated, withdrawal of
bids shall be permitted as provided in subsection (f).
The contract shall be awarded within 60 calendar days
after the auction by written notice to the lowest responsible
bidder, or all bids shall be rejected except as otherwise
provided in this Code. Extensions of the date for the award may
be made by mutual written consent of the State purchasing
officer and the lowest responsible bidder.
This subsection does not apply to (i) procurements of
professional and artistic services, (ii) telecommunications
services, communication services, and information services,
and (iii) contracts for construction projects, including
design professional services.
(Source: P.A. 102-29, eff. 6-25-21; 103-558, eff. 1-1-24.)
Section 30. The Emergency Telephone System Act is amended
by changing Sections 19, 30, and 35 as follows:
(50 ILCS 750/19)
(Section scheduled to be repealed on December 31, 2025)
Sec. 19. Statewide 9-1-1 Advisory Board.
(a) Beginning July 1, 2015, there is created the Statewide
9-1-1 Advisory Board within the Illinois State Police. The
Board shall consist of the following voting members:
(1) The Director of the Illinois State Police, or his
or her designee, who shall serve as chairman.
(2) The Executive Director of the Commission, or his
or her designee.
(3) Members appointed by the Governor as follows:
(A) one member representing the Illinois chapter
of the National Emergency Number Association, or his
or her designee;
(B) one member representing the Illinois chapter
of the Association of Public-Safety Communications
Officials, or his or her designee;
(C) one member representing a county 9-1-1 system
from a county with a population of less than 37,000;
(C-5) one member representing a county 9-1-1
system from a county with a population between 37,000
and 100,000;
(D) one member representing a county 9-1-1 system
from a county with a population between 100,001 and
250,000;
(E) one member representing a county 9-1-1 system
from a county with a population of more than 250,000;
(F) one member representing a municipal or
intergovernmental cooperative 9-1-1 system, excluding
any single municipality with a population over
500,000;
(G) one member representing the Illinois
Association of Chiefs of Police;
(H) one member representing the Illinois Sheriffs'
Association; and
(I) one member representing the Illinois Fire
Chiefs Association.
The Governor shall appoint the following non-voting
members: (i) one member representing an incumbent local
exchange 9-1-1 system provider; (ii) one member representing a
non-incumbent local exchange 9-1-1 system provider; (iii) one
member representing a large wireless carrier; (iv) one member
representing an incumbent local exchange carrier; (v) one
member representing the Illinois Broadband and
Telecommunications Association; (vi) one member representing
the Illinois Broadband and Cable Association; and (vii) one
member representing the Illinois State Ambulance Association.
The Speaker of the House of Representatives, the Minority
Leader of the House of Representatives, the President of the
Senate, and the Minority Leader of the Senate may each appoint
a member of the General Assembly to temporarily serve as a
non-voting member of the Board during the 12 months prior to
the repeal date of this Act to discuss legislative initiatives
of the Board.
(b) The Governor shall make initial appointments to the
Statewide 9-1-1 Advisory Board by August 31, 2015. Six of the
voting members appointed by the Governor shall serve an
initial term of 2 years, and the remaining voting members
appointed by the Governor shall serve an initial term of 3
years. Thereafter, each appointment by the Governor shall be
for a term of 3 years and until their respective successors are
appointed. Non-voting members shall serve for a term of 3
years. Vacancies shall be filled in the same manner as the
original appointment. Persons appointed to fill a vacancy
shall serve for the balance of the unexpired term.
Members of the Statewide 9-1-1 Advisory Board shall serve
without compensation.
(c) The 9-1-1 Services Advisory Board, as constituted on
June 1, 2015 without the legislative members, shall serve in
the role of the Statewide 9-1-1 Advisory Board until all
appointments of voting members have been made by the Governor
under subsection (a) of this Section.
(d) The Statewide 9-1-1 Advisory Board shall:
(1) advise the Illinois State Police and the Statewide
9-1-1 Administrator on the oversight of 9-1-1 systems and
the development and implementation of a uniform statewide
9-1-1 system;
(2) make recommendations to the Governor and the
General Assembly regarding improvements to 9-1-1 services
throughout the State; and
(3) exercise all other powers and duties provided in
this Act.
(e) The Statewide 9-1-1 Advisory Board shall submit to the
General Assembly a report by March 1 of each year providing an
update on the transition to a statewide 9-1-1 system and
recommending any legislative action.
(f) The Illinois State Police shall provide administrative
support to the Statewide 9-1-1 Advisory Board.
(Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22.)
(50 ILCS 750/30)
(Text of Section before amendment by P.A. 103-366)
(Section scheduled to be repealed on December 31, 2025)
Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement.
(a) A special fund in the State treasury known as the
Wireless Service Emergency Fund shall be renamed the Statewide
9-1-1 Fund. Any appropriations made from the Wireless Service
Emergency Fund shall be payable from the Statewide 9-1-1 Fund.
The Fund shall consist of the following:
(1) 9-1-1 wireless surcharges assessed under the
Wireless Emergency Telephone Safety Act.
(2) 9-1-1 surcharges assessed under Section 20 of this
Act.
(3) Prepaid wireless 9-1-1 surcharges assessed under
Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act.
(4) Any appropriations, grants, or gifts made to the
Fund.
(5) Any income from interest, premiums, gains, or
other earnings on moneys in the Fund.
(6) Money from any other source that is deposited in
or transferred to the Fund.
(b) Subject to appropriation and availability of funds,
the Illinois State Police shall distribute the 9-1-1
surcharges monthly as follows:
(1) From each surcharge collected and remitted under
Section 20 of this Act:
(A) $0.013 shall be distributed monthly in equal
amounts to each County Emergency Telephone System
Board in counties with a population under 100,000
according to the most recent census data which is
authorized to serve as a primary wireless 9-1-1 public
safety answering point for the county and to provide
wireless 9-1-1 service as prescribed by subsection (b)
of Section 15.6a of this Act, and which does provide
such service.
(B) $0.033 shall be transferred by the Comptroller
at the direction of the Illinois State Police to the
Wireless Carrier Reimbursement Fund until June 30,
2017; from July 1, 2017 through June 30, 2018, $0.026
shall be transferred; from July 1, 2018 through June
30, 2019, $0.020 shall be transferred; from July 1,
2019, through June 30, 2020, $0.013 shall be
transferred; from July 1, 2020 through June 30, 2021,
$0.007 will be transferred; and after June 30, 2021,
no transfer shall be made to the Wireless Carrier
Reimbursement Fund.
(C) Until December 31, 2017, $0.007 and on and
after January 1, 2018, $0.017 shall be used to cover
the Illinois State Police's administrative costs.
(D) Beginning January 1, 2018, until June 30,
2020, $0.12, and on and after July 1, 2020, $0.04 shall
be used to make monthly proportional grants to the
appropriate 9-1-1 Authority currently taking wireless
9-1-1 based upon the United States Postal Zip Code of
the billing addresses of subscribers wireless
carriers.
(E) Until June 30, 2025 2023, $0.05 shall be used
by the Illinois State Police for grants for NG9-1-1
expenses, with priority given to 9-1-1 Authorities
that provide 9-1-1 service within the territory of a
Large Electing Provider as defined in Section 13-406.1
of the Public Utilities Act.
(F) On and after July 1, 2020, $0.13 shall be used
for the implementation of and continuing expenses for
the Statewide NG9-1-1 system.
(2) After disbursements under paragraph (1) of this
subsection (b), all remaining funds in the Statewide 9-1-1
Fund shall be disbursed in the following priority order:
(A) The Fund shall pay monthly to:
(i) the 9-1-1 Authorities that imposed
surcharges under Section 15.3 of this Act and were
required to report to the Illinois Commerce
Commission under Section 27 of the Wireless
Emergency Telephone Safety Act on October 1, 2014,
except a 9-1-1 Authority in a municipality with a
population in excess of 500,000, an amount equal
to the average monthly wireline and VoIP surcharge
revenue attributable to the most recent 12-month
period reported to the Illinois State Police under
that Section for the October 1, 2014 filing,
subject to the power of the Illinois State Police
to investigate the amount reported and adjust the
number by order under Article X of the Public
Utilities Act, so that the monthly amount paid
under this item accurately reflects one-twelfth of
the aggregate wireline and VoIP surcharge revenue
properly attributable to the most recent 12-month
period reported to the Commission; or
(ii) county qualified governmental entities
that did not impose a surcharge under Section 15.3
as of December 31, 2015, and counties that did not
impose a surcharge as of June 30, 2015, an amount
equivalent to their population multiplied by .37
multiplied by the rate of $0.69; counties that are
not county qualified governmental entities and
that did not impose a surcharge as of December 31,
2015, shall not begin to receive the payment
provided for in this subsection until E9-1-1 and
wireless E9-1-1 services are provided within their
counties; or
(iii) counties without 9-1-1 service that had
a surcharge in place by December 31, 2015, an
amount equivalent to their population multiplied
by .37 multiplied by their surcharge rate as
established by the referendum.
(B) All 9-1-1 network costs for systems outside of
municipalities with a population of at least 500,000
shall be paid by the Illinois State Police directly to
the vendors.
(C) All expenses incurred by the Administrator and
the Statewide 9-1-1 Advisory Board and costs
associated with procurement under Section 15.6b
including requests for information and requests for
proposals.
(D) Funds may be held in reserve by the Statewide
9-1-1 Advisory Board and disbursed by the Illinois
State Police for grants under Section 15.4b of this
Act and for NG9-1-1 expenses up to $12.5 million per
year in State fiscal years 2016 and 2017; up to $20
million in State fiscal year 2018; up to $20.9 million
in State fiscal year 2019; up to $15.3 million in State
fiscal year 2020; up to $16.2 million in State fiscal
year 2021; up to $23.1 million in State fiscal year
2022; and up to $17.0 million per year for State fiscal
year 2023 and each year thereafter. The amount held in
reserve in State fiscal years 2021, 2022, and 2023
shall not be less than $6.5 million. Disbursements
under this subparagraph (D) shall be prioritized as
follows: (i) consolidation grants prioritized under
subsection (a) of Section 15.4b of this Act; (ii)
NG9-1-1 expenses; and (iii) consolidation grants under
Section 15.4b of this Act for consolidation expenses
incurred between January 1, 2010, and January 1, 2016.
(E) All remaining funds per remit month shall be
used to make monthly proportional grants to the
appropriate 9-1-1 Authority currently taking wireless
9-1-1 based upon the United States Postal Zip Code of
the billing addresses of subscribers of wireless
carriers.
(c) The moneys deposited into the Statewide 9-1-1 Fund
under this Section shall not be subject to administrative
charges or chargebacks unless otherwise authorized by this
Act.
(d) Whenever two or more 9-1-1 Authorities consolidate,
the resulting Joint Emergency Telephone System Board shall be
entitled to the monthly payments that had theretofore been
made to each consolidating 9-1-1 Authority. Any reserves held
by any consolidating 9-1-1 Authority shall be transferred to
the resulting Joint Emergency Telephone System Board. Whenever
a county that has no 9-1-1 service as of January 1, 2016 enters
into an agreement to consolidate to create or join a Joint
Emergency Telephone System Board, the Joint Emergency
Telephone System Board shall be entitled to the monthly
payments that would have otherwise been paid to the county if
it had provided 9-1-1 service.
(Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21;
102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
(Text of Section after amendment by P.A. 103-366)
(Section scheduled to be repealed on December 31, 2025)
Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement.
(a) A special fund in the State treasury known as the
Wireless Service Emergency Fund shall be renamed the Statewide
9-1-1 Fund. Any appropriations made from the Wireless Service
Emergency Fund shall be payable from the Statewide 9-1-1 Fund.
The Fund shall consist of the following:
(1) (Blank).
(2) 9-1-1 surcharges assessed under Section 20 of this
Act.
(3) Prepaid wireless 9-1-1 surcharges assessed under
Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act.
(4) Any appropriations, grants, or gifts made to the
Fund.
(5) Any income from interest, premiums, gains, or
other earnings on moneys in the Fund.
(6) Money from any other source that is deposited in
or transferred to the Fund.
(b) Subject to appropriation and availability of funds,
the Illinois State Police shall distribute the 9-1-1
surcharges monthly as follows:
(1) From each surcharge collected and remitted under
Section 20 of this Act:
(A) $0.013 shall be distributed monthly in equal
amounts to each County Emergency Telephone System
Board in counties with a population under 100,000
according to the most recent census data which is
authorized to serve as a primary wireless 9-1-1 public
safety answering point for the county and to provide
wireless 9-1-1 service as prescribed by subsection (b)
of Section 15.6a of this Act, and which does provide
such service.
(B) (Blank).
(C) Until December 31, 2017, $0.007 and on and
after January 1, 2018, $0.017 shall be used to cover
the Illinois State Police's administrative costs.
(D) Beginning January 1, 2018, until June 30,
2020, $0.12, and on and after July 1, 2020, $0.04 shall
be used to make monthly disbursements to the
appropriate 9-1-1 Authority currently taking wireless
9-1-1 based upon the United States Postal Zip Code of
the billing addresses of subscribers wireless
carriers.
(E) Until June 30, 2025 2023, $0.05 shall be used
by the Illinois State Police for grants for NG9-1-1
expenses, with priority given to 9-1-1 Authorities
that provide 9-1-1 service within the territory of a
Large Electing Provider as defined in Section 13-406.1
of the Public Utilities Act.
(F) On and after July 1, 2020, $0.13 shall be used
for the implementation of and continuing expenses for
the Statewide NG9-1-1 system.
(1.5) Beginning on the effective date of this
amendatory Act of the 103rd General Assembly, to assist
with the implementation of the statewide Next Generation
9-1-1 network, the Illinois State Police's administrative
costs include the one-time capital cost of upgrading the
Illinois State Police's call-handling equipment to meet
the standards necessary to access and increase
interoperability with the statewide Next Generation 9-1-1
network.
(A) Upon completion of the Illinois State Police's
call-handling equipment upgrades, but no later than
June 30, 2024, surplus moneys in excess of $1,000,000
from subparagraph (C) of paragraph (1) not utilized by
the Illinois State Police for administrative costs
shall be distributed to the 9-1-1 Authorities in
accordance with subparagraph (E) of paragraph (2) on
an annual basis at the end of the State fiscal year.
Any remaining surplus money may also be distributed
consistent with this paragraph (1.5) at the discretion
of the Illinois State Police.
(B) Upon implementation of the Statewide NG9-1-1
system, but no later than June 30, 2024, surplus
moneys in excess of $5,000,000 from subparagraph (F)
of paragraph (1) not utilized by the Illinois State
Police for the implementation of and continuing
expenses for the Statewide NG9-1-1 system shall be
distributed to the 9-1-1 Authorities in accordance
with subparagraph (E) of subsection (2) on an annual
basis at the end of the State fiscal year. Any
remaining surplus money may also be distributed
consistent with this paragraph (1.5) at the discretion
of the Illinois State Police.
(2) After disbursements under paragraph (1) of this
subsection (b), all remaining funds in the Statewide 9-1-1
Fund shall be disbursed in the following priority order:
(A) The Fund shall pay monthly to:
(i) the 9-1-1 Authorities that imposed
surcharges under Section 15.3 of this Act and were
required to report to the Illinois Commerce
Commission under Section 27 of the Wireless
Emergency Telephone Safety Act on October 1, 2014,
except a 9-1-1 Authority in a municipality with a
population in excess of 500,000, an amount equal
to the average monthly wireline and VoIP surcharge
revenue attributable to the most recent 12-month
period reported to the Illinois State Police under
that Section for the October 1, 2014 filing,
subject to the power of the Illinois State Police
to investigate the amount reported and adjust the
number by order under Article X of the Public
Utilities Act, so that the monthly amount paid
under this item accurately reflects one-twelfth of
the aggregate wireline and VoIP surcharge revenue
properly attributable to the most recent 12-month
period reported to the Commission; or
(ii) county qualified governmental entities
that did not impose a surcharge under Section 15.3
as of December 31, 2015, and counties that did not
impose a surcharge as of June 30, 2015, an amount
equivalent to their population multiplied by .37
multiplied by the rate of $0.69; counties that are
not county qualified governmental entities and
that did not impose a surcharge as of December 31,
2015, shall not begin to receive the payment
provided for in this subsection until E9-1-1 and
wireless E9-1-1 services are provided within their
counties; or
(iii) counties without 9-1-1 service that had
a surcharge in place by December 31, 2015, an
amount equivalent to their population multiplied
by .37 multiplied by their surcharge rate as
established by the referendum.
(B) All 9-1-1 network costs for systems outside of
municipalities with a population of at least 500,000
shall be paid by the Illinois State Police directly to
the vendors.
(C) All expenses incurred by the Administrator and
the Statewide 9-1-1 Advisory Board and costs
associated with procurement under Section 15.6b
including requests for information and requests for
proposals.
(D) Funds may be held in reserve by the Statewide
9-1-1 Advisory Board and disbursed by the Illinois
State Police for grants under Section 15.4b of this
Act and for NG9-1-1 expenses up to $12.5 million per
year in State fiscal years 2016 and 2017; up to $20
million in State fiscal year 2018; up to $20.9 million
in State fiscal year 2019; up to $15.3 million in State
fiscal year 2020; up to $16.2 million in State fiscal
year 2021; up to $23.1 million in State fiscal year
2022; and up to $17.0 million per year for State fiscal
year 2023 and each year thereafter. The amount held in
reserve in State fiscal years 2021, 2022, and 2023
shall not be less than $6.5 million. Disbursements
under this subparagraph (D) shall be prioritized as
follows: (i) consolidation grants prioritized under
subsection (a) of Section 15.4b of this Act; (ii)
NG9-1-1 expenses; and (iii) consolidation grants under
Section 15.4b of this Act for consolidation expenses
incurred between January 1, 2010, and January 1, 2016.
(E) All remaining funds per remit month shall be
used to make monthly disbursements to the appropriate
9-1-1 Authority currently taking wireless 9-1-1 based
upon the United States Postal Zip Code of the billing
addresses of subscribers of wireless carriers.
(c) The moneys deposited into the Statewide 9-1-1 Fund
under this Section shall not be subject to administrative
charges or chargebacks unless otherwise authorized by this
Act.
(d) Whenever two or more 9-1-1 Authorities consolidate,
the resulting Joint Emergency Telephone System Board shall be
entitled to the monthly payments that had theretofore been
made to each consolidating 9-1-1 Authority. Any reserves held
by any consolidating 9-1-1 Authority shall be transferred to
the resulting Joint Emergency Telephone System Board. Whenever
a county that has no 9-1-1 service as of January 1, 2016 enters
into an agreement to consolidate to create or join a Joint
Emergency Telephone System Board, the Joint Emergency
Telephone System Board shall be entitled to the monthly
payments that would have otherwise been paid to the county if
it had provided 9-1-1 service.
(Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22; 103-366, eff. 1-1-24.)
(50 ILCS 750/35)
(Text of Section before amendment by P.A. 103-366)
(Section scheduled to be repealed on December 31, 2025)
Sec. 35. 9-1-1 surcharge; allowable expenditures. Except
as otherwise provided in this Act, expenditures from surcharge
revenues received under this Act may be made by
municipalities, counties, and 9-1-1 Authorities only to pay
for the costs associated with the following:
(1) The design of the Emergency Telephone System.
(2) The coding of an initial Master Street Address
Guide database, and update and maintenance thereof.
(3) The repayment of any moneys advanced for the
implementation of the system.
(4) The charges for Automatic Number Identification
and Automatic Location Identification equipment, a
computer aided dispatch system that records, maintains,
and integrates information, mobile data transmitters
equipped with automatic vehicle locators, and maintenance,
replacement, and update thereof to increase operational
efficiency and improve the provision of emergency
services.
(5) The non-recurring charges related to installation
of the Emergency Telephone System.
(6) The initial acquisition and installation, or the
reimbursement of costs therefor to other governmental
bodies that have incurred those costs, of road or street
signs that are essential to the implementation of the
Emergency Telephone System and that are not duplicative of
signs that are the responsibility of the jurisdiction
charged with maintaining road and street signs. Funds may
not be used for ongoing expenses associated with road or
street sign maintenance and replacement.
(7) Other products and services necessary for the
implementation, upgrade, and maintenance of the system and
any other purpose related to the operation of the system,
including costs attributable directly to the construction,
leasing, or maintenance of any buildings or facilities or
costs of personnel attributable directly to the operation
of the system. Costs attributable directly to the
operation of an emergency telephone system do not include
the costs of public safety agency personnel who are and
equipment that is dispatched in response to an emergency
call.
(8) The defraying of expenses incurred to implement
Next Generation 9-1-1, subject to the conditions set forth
in this Act.
(9) The implementation of a computer aided dispatch
system or hosted supplemental 9-1-1 services.
(10) The design, implementation, operation,
maintenance, or upgrade of wireless 9-1-1, E9-1-1, or
NG9-1-1 emergency services and public safety answering
points.
In the case of a municipality with a population over
500,000, moneys may also be used for any anti-terrorism or
emergency preparedness measures, including, but not limited
to, preparedness planning, providing local matching funds for
federal or State grants, personnel training, and specialized
equipment, including surveillance cameras, as needed to deal
with natural and terrorist-inspired emergency situations or
events.
(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
(Text of Section after amendment by P.A. 103-366)
(Section scheduled to be repealed on December 31, 2025)
Sec. 35. 9-1-1 surcharge; allowable expenditures.
(a) Except as otherwise provided in this Act, expenditures
from surcharge revenues received under this Act shall be made
consistent with 47 CFR 9.23, which include the following:
(1) support and implementation of 9-1-1 services
provided by or in the State or taxing jurisdiction
imposing the fee or charge; and
(2) operational expenses of public safety answering
points within the State. Examples of allowable
expenditures include, but are not limited to:
(A) PSAP operating costs, including lease,
purchase, maintenance, replacement, and upgrade of
customer premises equipment (hardware and software),
CAD equipment (hardware and software), and the PSAP
building and facility and including NG9-1-1,
cybersecurity, pre-arrival instructions, and emergency
notification systems. PSAP operating costs include
technological innovation that supports 9-1-1;
(B) PSAP personnel costs, including
telecommunicators' salaries and training;
(C) PSAP administration, including costs for
administration of 9-1-1 services and travel expenses
associated with the provision of 9-1-1 services;
(D) integrating public safety and first responder
dispatch and 9-1-1 systems, including lease, purchase,
maintenance, and upgrade of CAD equipment (hardware
and software) to support integrated 9-1-1 and public
safety dispatch operations; and
(E) providing the interoperability of 9-1-1
systems with one another and with public safety and
first responder radio systems; and .
(F) costs for the initial acquisition and
installation of road or street signs that are
essential to the implementation of the Emergency
Telephone System and that are not duplicative of signs
that are the responsibility of the jurisdiction
charged with maintaining road and street signs, as
well as costs incurred to reimburse governmental
bodies for the acquisition and installation of those
signs, except that expenditures may not be used for
ongoing expenses associated with sign maintenance and
replacement.
(3) (Blank).
(4) (Blank).
(5) (Blank).
(6) (Blank).
(7) (Blank).
(8) (Blank).
(9) (Blank).
(10) (Blank).
(b) The obligation or expenditure of surcharge revenues
received under this Act for a purpose or function inconsistent
with 47 CFR 9.23 and this Section shall constitute diversion,
which undermines the purpose of this Act by depriving the
9-1-1 system of the funds it needs to function effectively and
to modernize 9-1-1 operations. Examples of diversion include,
but are not limited to:
(1) transfer of 9-1-1 fees into a State or other
jurisdiction's general fund or other fund for non-9-1-1
purposes;
(2) use of surcharge revenues for equipment or
infrastructure for constructing or expanding
non-public-safety communications networks (e.g.,
commercial cellular networks); and
(3) use of surcharge revenues for equipment or
infrastructure for law enforcement, firefighters, and
other public safety or first responder entities that does
not directly support providing 9-1-1 services.
(c) In the case of a municipality with a population over
500,000, moneys may also be used for any anti-terrorism or
emergency preparedness measures, including, but not limited
to, preparedness planning, providing local matching funds for
federal or State grants, personnel training, and specialized
equipment, including surveillance cameras, as needed to deal
with natural and terrorist-inspired emergency situations or
events.
(Source: P.A. 103-366, eff. 1-1-24.)
Section 35. The Prepaid Wireless 9-1-1 Surcharge Act is
amended by changing Section 15 as follows:
(50 ILCS 753/15)
Sec. 15. Prepaid wireless 9-1-1 surcharge.
(a) Until September 30, 2015, there is hereby imposed on
consumers a prepaid wireless 9-1-1 surcharge of 1.5% per
retail transaction. Beginning October 1, 2015, the prepaid
wireless 9-1-1 surcharge shall be 3% per retail transaction.
Until December 31, 2023, the The surcharge authorized by this
subsection (a) does not apply in a home rule municipality
having a population in excess of 500,000.
(a-5) On or after the effective date of this amendatory
Act of the 98th General Assembly and until December 31, 2023, a
home rule municipality having a population in excess of
500,000 on the effective date of this amendatory Act may
impose a prepaid wireless 9-1-1 surcharge not to exceed 9% per
retail transaction sourced to that jurisdiction and collected
and remitted in accordance with the provisions of subsection
(b-5) of this Section.
(b) The prepaid wireless 9-1-1 surcharge shall be
collected by the seller from the consumer with respect to each
retail transaction occurring in this State and shall be
remitted to the Department by the seller as provided in this
Act. The amount of the prepaid wireless 9-1-1 surcharge shall
be separately stated as a distinct item apart from the charge
for the prepaid wireless telecommunications service on an
invoice, receipt, or other similar document that is provided
to the consumer by the seller or shall be otherwise disclosed
to the consumer. If the seller does not separately state the
surcharge as a distinct item to the consumer as provided in
this Section, then the seller shall maintain books and records
as required by this Act which clearly identify the amount of
the 9-1-1 surcharge for retail transactions.
For purposes of this subsection (b), a retail transaction
occurs in this State if (i) the retail transaction is made in
person by a consumer at the seller's business location and the
business is located within the State; (ii) the seller is a
provider and sells prepaid wireless telecommunications service
to a consumer located in Illinois; (iii) the retail
transaction is treated as occurring in this State for purposes
of the Retailers' Occupation Tax Act; or (iv) a seller that is
included within the definition of a "retailer maintaining a
place of business in this State" under Section 2 of the Use Tax
Act makes a sale of prepaid wireless telecommunications
service to a consumer located in Illinois. In the case of a
retail transaction which does not occur in person at a
seller's business location, if a consumer uses a credit card
to purchase prepaid wireless telecommunications service
on-line or over the telephone, and no product is shipped to the
consumer, the transaction occurs in this State if the billing
address for the consumer's credit card is in this State.
(b-5) The prepaid wireless 9-1-1 surcharge imposed under
subsection (a-5) of this Section shall be collected by the
seller from the consumer with respect to each retail
transaction occurring in the municipality imposing the
surcharge. The amount of the prepaid wireless 9-1-1 surcharge
shall be separately stated on an invoice, receipt, or other
similar document that is provided to the consumer by the
seller or shall be otherwise disclosed to the consumer. If the
seller does not separately state the surcharge as a distinct
item to the consumer as provided in this Section, then the
seller shall maintain books and records as required by this
Act which clearly identify the amount of the 9-1-1 surcharge
for retail transactions.
For purposes of this subsection (b-5), a retail
transaction occurs in the municipality if (i) the retail
transaction is made in person by a consumer at the seller's
business location and the business is located within the
municipality; (ii) the seller is a provider and sells prepaid
wireless telecommunications service to a consumer located in
the municipality; (iii) the retail transaction is treated as
occurring in the municipality for purposes of the Retailers'
Occupation Tax Act; or (iv) a seller that is included within
the definition of a "retailer maintaining a place of business
in this State" under Section 2 of the Use Tax Act makes a sale
of prepaid wireless telecommunications service to a consumer
located in the municipality. In the case of a retail
transaction which does not occur in person at a seller's
business location, if a consumer uses a credit card to
purchase prepaid wireless telecommunications service on-line
or over the telephone, and no product is shipped to the
consumer, the transaction occurs in the municipality if the
billing address for the consumer's credit card is in the
municipality.
(c) The prepaid wireless 9-1-1 surcharge is imposed on the
consumer and not on any provider. The seller shall be liable to
remit all prepaid wireless 9-1-1 surcharges that the seller
collects from consumers as provided in Section 20, including
all such surcharges that the seller is deemed to collect where
the amount of the surcharge has not been separately stated on
an invoice, receipt, or other similar document provided to the
consumer by the seller. The surcharge collected or deemed
collected by a seller shall constitute a debt owed by the
seller to this State, and any such surcharge actually
collected shall be held in trust for the benefit of the
Department.
For purposes of this subsection (c), the surcharge shall
not be imposed or collected from entities that have an active
tax exemption identification number issued by the Department
under Section 1g of the Retailers' Occupation Tax Act.
(d) The amount of the prepaid wireless 9-1-1 surcharge
that is collected by a seller from a consumer, if such amount
is separately stated on an invoice, receipt, or other similar
document provided to the consumer by the seller, shall not be
included in the base for measuring any tax, fee, surcharge, or
other charge that is imposed by this State, any political
subdivision of this State, or any intergovernmental agency.
(e) (Blank).
(e-5) Any changes in the rate of the surcharge imposed by a
municipality under the authority granted in subsection (a-5)
of this Section shall be effective on the first day of the
first calendar month to occur at least 60 days after the
enactment of the change. The Department shall provide not less
than 30 days' notice of the increase or reduction in the rate
of such surcharge on the Department's website.
(f) When prepaid wireless telecommunications service is
sold with one or more other products or services for a single,
non-itemized price, then the percentage specified in
subsection (a) or (a-5) of this Section 15 shall be applied to
the entire non-itemized price unless the seller elects to
apply the percentage to (i) the dollar amount of the prepaid
wireless telecommunications service if that dollar amount is
disclosed to the consumer or (ii) the portion of the price that
is attributable to the prepaid wireless telecommunications
service if the retailer can identify that portion by
reasonable and verifiable standards from its books and records
that are kept in the regular course of business for other
purposes, including, but not limited to, books and records
that are kept for non-tax purposes. However, if a minimal
amount of prepaid wireless telecommunications service is sold
with a prepaid wireless device for a single, non-itemized
price, then the seller may elect not to apply the percentage
specified in subsection (a) or (a-5) of this Section 15 to such
transaction. For purposes of this subsection, an amount of
service denominated as 10 minutes or less or $5 or less is
considered minimal.
(g) The prepaid wireless 9-1-1 surcharge imposed under
subsections (a) and (a-5) of this Section is not imposed on the
provider or the consumer for wireless Lifeline service where
the consumer does not pay the provider for the service. Where
the consumer purchases from the provider optional minutes,
texts, or other services in addition to the federally funded
Lifeline benefit, a consumer must pay the prepaid wireless
9-1-1 surcharge, and it must be collected by the seller
according to subsection (b-5).
(Source: P.A. 102-9, eff. 6-3-21.)
Section 40. The School Code is amended by changing
Sections 21B-20, 27-20.3, and 27-21 and by renumbering and
changing Section 22-95, as added by Public Act 103-46, as
follows:
(105 ILCS 5/21B-20)
(Text of Section before amendment by P.A. 103-193)
Sec. 21B-20. Types of licenses. The State Board of
Education shall implement a system of educator licensure,
whereby individuals employed in school districts who are
required to be licensed must have one of the following
licenses: (i) a professional educator license; (ii) an
educator license with stipulations; (iii) a substitute
teaching license; or (iv) until June 30, 2028, a short-term
substitute teaching license. References in law regarding
individuals certified or certificated or required to be
certified or certificated under Article 21 of this Code shall
also include individuals licensed or required to be licensed
under this Article. The first year of all licenses ends on June
30 following one full year of the license being issued.
The State Board of Education, in consultation with the
State Educator Preparation and Licensure Board, may adopt such
rules as may be necessary to govern the requirements for
licenses and endorsements under this Section.
(1) Professional Educator License. Persons who (i)
have successfully completed an approved educator
preparation program and are recommended for licensure by
the Illinois institution offering the educator preparation
program, (ii) have successfully completed the required
testing under Section 21B-30 of this Code, (iii) have
successfully completed coursework on the psychology of,
the identification of, and the methods of instruction for
the exceptional child, including, without limitation,
children with learning disabilities, (iv) have
successfully completed coursework in methods of reading
and reading in the content area, and (v) have met all other
criteria established by rule of the State Board of
Education shall be issued a Professional Educator License.
All Professional Educator Licenses are valid until June 30
immediately following 5 years of the license being issued.
The Professional Educator License shall be endorsed with
specific areas and grade levels in which the individual is
eligible to practice. For an early childhood education
endorsement, an individual may satisfy the student
teaching requirement of his or her early childhood teacher
preparation program through placement in a setting with
children from birth through grade 2, and the individual
may be paid and receive credit while student teaching. The
student teaching experience must meet the requirements of
and be approved by the individual's early childhood
teacher preparation program.
Individuals can receive subsequent endorsements on the
Professional Educator License. Subsequent endorsements
shall require a minimum of 24 semester hours of coursework
in the endorsement area and passage of the applicable
content area test, unless otherwise specified by rule.
(2) Educator License with Stipulations. An Educator
License with Stipulations shall be issued an endorsement
that limits the license holder to one particular position
or does not require completion of an approved educator
program or both.
An individual with an Educator License with
Stipulations must not be employed by a school district or
any other entity to replace any presently employed teacher
who otherwise would not be replaced for any reason.
An Educator License with Stipulations may be issued
with the following endorsements:
(A) (Blank).
(B) Alternative provisional educator. An
alternative provisional educator endorsement on an
Educator License with Stipulations may be issued to an
applicant who, at the time of applying for the
endorsement, has done all of the following:
(i) Graduated from a regionally accredited
college or university with a minimum of a
bachelor's degree.
(ii) Successfully completed the first phase of
the Alternative Educator Licensure Program for
Teachers, as described in Section 21B-50 of this
Code.
(iii) Passed a content area test, as required
under Section 21B-30 of this Code.
The alternative provisional educator endorsement is
valid for 2 years of teaching and may be renewed for a
third year by an individual meeting the requirements set
forth in Section 21B-50 of this Code.
(C) Alternative provisional superintendent. An
alternative provisional superintendent endorsement on
an Educator License with Stipulations entitles the
holder to serve only as a superintendent or assistant
superintendent in a school district's central office.
This endorsement may only be issued to an applicant
who, at the time of applying for the endorsement, has
done all of the following:
(i) Graduated from a regionally accredited
college or university with a minimum of a master's
degree in a management field other than education.
(ii) Been employed for a period of at least 5
years in a management level position in a field
other than education.
(iii) Successfully completed the first phase
of an alternative route to superintendent
endorsement program, as provided in Section 21B-55
of this Code.
(iv) Passed a content area test required under
Section 21B-30 of this Code.
The endorsement is valid for 2 fiscal years in
order to complete one full year of serving as a
superintendent or assistant superintendent.
(D) (Blank).
(E) Career and technical educator. A career and
technical educator endorsement on an Educator License
with Stipulations may be issued to an applicant who
has a minimum of 60 semester hours of coursework from a
regionally accredited institution of higher education
or an accredited trade and technical institution and
has a minimum of 2,000 hours of experience outside of
education in each area to be taught.
The career and technical educator endorsement on
an Educator License with Stipulations is valid until
June 30 immediately following 5 years of the
endorsement being issued and may be renewed.
An individual who holds a valid career and
technical educator endorsement on an Educator License
with Stipulations but does not hold a bachelor's
degree may substitute teach in career and technical
education classrooms.
(F) (Blank).
(G) Transitional bilingual educator. A
transitional bilingual educator endorsement on an
Educator License with Stipulations may be issued for
the purpose of providing instruction in accordance
with Article 14C of this Code to an applicant who
provides satisfactory evidence that he or she meets
all of the following requirements:
(i) Possesses adequate speaking, reading, and
writing ability in the language other than English
in which transitional bilingual education is
offered.
(ii) Has the ability to successfully
communicate in English.
(iii) Either possessed, within 5 years
previous to his or her applying for a transitional
bilingual educator endorsement, a valid and
comparable teaching certificate or comparable
authorization issued by a foreign country or holds
a degree from an institution of higher learning in
a foreign country that the State Educator
Preparation and Licensure Board determines to be
the equivalent of a bachelor's degree from a
regionally accredited institution of higher
learning in the United States.
A transitional bilingual educator endorsement
shall be valid for prekindergarten through grade 12,
is valid until June 30 immediately following 5 years
of the endorsement being issued, and shall not be
renewed.
Persons holding a transitional bilingual educator
endorsement shall not be employed to replace any
presently employed teacher who otherwise would not be
replaced for any reason.
(H) Language endorsement. In an effort to
alleviate the shortage of teachers speaking a language
other than English in the public schools, an
individual who holds an Educator License with
Stipulations may also apply for a language
endorsement, provided that the applicant provides
satisfactory evidence that he or she meets all of the
following requirements:
(i) Holds a transitional bilingual
endorsement.
(ii) Has demonstrated proficiency in the
language for which the endorsement is to be issued
by passing the applicable language content test
required by the State Board of Education.
(iii) Holds a bachelor's degree or higher from
a regionally accredited institution of higher
education or, for individuals educated in a
country other than the United States, holds a
degree from an institution of higher learning in a
foreign country that the State Educator
Preparation and Licensure Board determines to be
the equivalent of a bachelor's degree from a
regionally accredited institution of higher
learning in the United States.
(iv) (Blank).
A language endorsement on an Educator License with
Stipulations is valid for prekindergarten through
grade 12 for the same validity period as the
individual's transitional bilingual educator
endorsement on the Educator License with Stipulations
and shall not be renewed.
(I) Visiting international educator. A visiting
international educator endorsement on an Educator
License with Stipulations may be issued to an
individual who is being recruited by a particular
school district that conducts formal recruitment
programs outside of the United States to secure the
services of qualified teachers and who meets all of
the following requirements:
(i) Holds the equivalent of a minimum of a
bachelor's degree issued in the United States.
(ii) Has been prepared as a teacher at the
grade level for which he or she will be employed.
(iii) Has adequate content knowledge in the
subject to be taught.
(iv) Has an adequate command of the English
language.
A holder of a visiting international educator
endorsement on an Educator License with Stipulations
shall be permitted to teach in bilingual education
programs in the language that was the medium of
instruction in his or her teacher preparation program,
provided that he or she passes the English Language
Proficiency Examination or another test of writing
skills in English identified by the State Board of
Education, in consultation with the State Educator
Preparation and Licensure Board.
A visiting international educator endorsement on
an Educator License with Stipulations is valid for 5
years and shall not be renewed.
(J) Paraprofessional educator. A paraprofessional
educator endorsement on an Educator License with
Stipulations may be issued to an applicant who holds a
high school diploma or its recognized equivalent and
(i) holds an associate's degree or a minimum of 60
semester hours of credit from a regionally accredited
institution of higher education; (ii) has passed a
paraprofessional competency test under subsection
(c-5) of Section 21B-30; or (iii) is at least 18 years
of age and will be using the Educator License with
Stipulations exclusively for grades prekindergarten
through grade 8, until the individual reaches the age
of 19 years and otherwise meets the criteria for a
paraprofessional educator endorsement pursuant to this
subparagraph (J). The paraprofessional educator
endorsement is valid until June 30 immediately
following 5 years of the endorsement being issued and
may be renewed through application and payment of the
appropriate fee, as required under Section 21B-40 of
this Code. An individual who holds only a
paraprofessional educator endorsement is not subject
to additional requirements in order to renew the
endorsement.
(K) Chief school business official. A chief school
business official endorsement on an Educator License
with Stipulations may be issued to an applicant who
qualifies by having a master's degree or higher, 2
years of full-time administrative experience in school
business management or 2 years of university-approved
practical experience, and a minimum of 24 semester
hours of graduate credit in a program approved by the
State Board of Education for the preparation of school
business administrators and by passage of the
applicable State tests, including an applicable
content area test.
The chief school business official endorsement may
also be affixed to the Educator License with
Stipulations of any holder who qualifies by having a
master's degree in business administration, finance,
accounting, or public administration and who completes
an additional 6 semester hours of internship in school
business management from a regionally accredited
institution of higher education and passes the
applicable State tests, including an applicable
content area test. This endorsement shall be required
for any individual employed as a chief school business
official.
The chief school business official endorsement on
an Educator License with Stipulations is valid until
June 30 immediately following 5 years of the
endorsement being issued and may be renewed if the
license holder completes renewal requirements as
required for individuals who hold a Professional
Educator License endorsed for chief school business
official under Section 21B-45 of this Code and such
rules as may be adopted by the State Board of
Education.
The State Board of Education shall adopt any rules
necessary to implement Public Act 100-288.
(L) Provisional in-state educator. A provisional
in-state educator endorsement on an Educator License
with Stipulations may be issued to a candidate who has
completed an Illinois-approved educator preparation
program at an Illinois institution of higher education
and who has not successfully completed an
evidence-based assessment of teacher effectiveness but
who meets all of the following requirements:
(i) Holds at least a bachelor's degree.
(ii) Has completed an approved educator
preparation program at an Illinois institution.
(iii) Has passed an applicable content area
test, as required by Section 21B-30 of this Code.
(iv) Has attempted an evidence-based
assessment of teacher effectiveness and received a
minimum score on that assessment, as established
by the State Board of Education in consultation
with the State Educator Preparation and Licensure
Board.
A provisional in-state educator endorsement on an
Educator License with Stipulations is valid for one
full fiscal year after the date of issuance and may not
be renewed.
(M) (Blank).
(N) Specialized services. A specialized services
endorsement on an Educator License with Stipulations
may be issued as defined and specified by rule.
(O) Provisional career and technical educator. A
provisional career and technical educator endorsement
on an Educator License with Stipulations may be issued
to an applicant who has a minimum of 8,000 hours of
work experience in the skill for which the applicant
is seeking the endorsement. Each employing school
board and regional office of education shall provide
verification, in writing, to the State Superintendent
of Education at the time the application is submitted
that no qualified teacher holding a Professional
Educator License or an Educator License with
Stipulations with a career and technical educator
endorsement is available to teach and that actual
circumstances require such issuance.
A provisional career and technical educator
endorsement on an Educator License with Stipulations
is valid until June 30 immediately following 5 years
of the endorsement being issued and may be renewed.
An individual who holds a provisional career and
technical educator endorsement on an Educator License
with Stipulations may teach as a substitute teacher in
career and technical education classrooms.
(3) Substitute Teaching License. A Substitute Teaching
License may be issued to qualified applicants for
substitute teaching in all grades of the public schools,
prekindergarten through grade 12. Substitute Teaching
Licenses are not eligible for endorsements. Applicants for
a Substitute Teaching License must hold a bachelor's
degree or higher from a regionally accredited institution
of higher education or must be enrolled in an approved
educator preparation program in this State and have earned
at least 90 credit hours.
Substitute Teaching Licenses are valid for 5 years.
Substitute Teaching Licenses are valid for substitute
teaching in every county of this State. If an individual
has had his or her Professional Educator License or
Educator License with Stipulations suspended or revoked,
then that individual is not eligible to obtain a
Substitute Teaching License.
A substitute teacher may only teach in the place of a
licensed teacher who is under contract with the employing
board. If, however, there is no licensed teacher under
contract because of an emergency situation, then a
district may employ a substitute teacher for no longer
than 30 calendar days per each vacant position in the
district if the district notifies the appropriate regional
office of education within 5 business days after the
employment of the substitute teacher in the emergency
situation. An emergency situation is one in which an
unforeseen vacancy has occurred and (i) a teacher is
unable to fulfill his or her contractual duties or (ii)
teacher capacity needs of the district exceed previous
indications, and the district is actively engaged in
advertising to hire a fully licensed teacher for the
vacant position.
There is no limit on the number of days that a
substitute teacher may teach in a single school district,
provided that no substitute teacher may teach for longer
than 120 days beginning with the 2021-2022 school year
through the 2022-2023 school year, otherwise 90 school
days for any one licensed teacher under contract in the
same school year. A substitute teacher who holds a
Professional Educator License or Educator License with
Stipulations shall not teach for more than 120 school days
for any one licensed teacher under contract in the same
school year. The limitations in this paragraph (3) on the
number of days a substitute teacher may be employed do not
apply to any school district operating under Article 34 of
this Code.
A school district may not require an individual who
holds a valid Professional Educator License or Educator
License with Stipulations to seek or hold a Substitute
Teaching License to teach as a substitute teacher.
(4) Short-Term Substitute Teaching License. Beginning
on July 1, 2018 and until June 30, 2028, applicants may
apply to the State Board of Education for issuance of a
Short-Term Substitute Teaching License. A Short-Term
Substitute Teaching License may be issued to a qualified
applicant for substitute teaching in all grades of the
public schools, prekindergarten through grade 12.
Short-Term Substitute Teaching Licenses are not eligible
for endorsements. Applicants for a Short-Term Substitute
Teaching License must hold an associate's degree or have
completed at least 60 credit hours from a regionally
accredited institution of higher education.
Short-Term Substitute Teaching Licenses are valid for
substitute teaching in every county of this State. If an
individual has had his or her Professional Educator
License or Educator License with Stipulations suspended or
revoked, then that individual is not eligible to obtain a
Short-Term Substitute Teaching License.
The provisions of Sections 10-21.9 and 34-18.5 of this
Code apply to short-term substitute teachers.
An individual holding a Short-Term Substitute Teaching
License may teach no more than 15 consecutive days per
licensed teacher who is under contract. For teacher
absences lasting 6 or more days per licensed teacher who
is under contract, a school district may not hire an
individual holding a Short-Term Substitute Teaching
License, unless the Governor has declared a disaster due
to a public health emergency pursuant to Section 7 of the
Illinois Emergency Management Agency Act. An individual
holding a Short-Term Substitute Teaching License must
complete the training program under Section 10-20.67 or
34-18.60 of this Code to be eligible to teach at a public
school. Short-Term Substitute Teaching Licenses Short-term
substitute teaching licenses under this Section are valid
for 5 years.
(Source: P.A. 102-711, eff. 1-1-23; 102-712, eff. 4-27-22;
102-713, eff. 1-1-23; 102-717, eff. 4-29-22; 102-894, eff.
5-20-22; 103-111, eff. 6-29-23; 103-154, eff. 6-30-23; revised
9-7-23.)
(Text of Section after amendment by P.A. 103-193)
Sec. 21B-20. Types of licenses. The State Board of
Education shall implement a system of educator licensure,
whereby individuals employed in school districts who are
required to be licensed must have one of the following
licenses: (i) a professional educator license; (ii) an
educator license with stipulations; (iii) a substitute
teaching license; or (iv) until June 30, 2028, a short-term
substitute teaching license. References in law regarding
individuals certified or certificated or required to be
certified or certificated under Article 21 of this Code shall
also include individuals licensed or required to be licensed
under this Article. The first year of all licenses ends on June
30 following one full year of the license being issued.
The State Board of Education, in consultation with the
State Educator Preparation and Licensure Board, may adopt such
rules as may be necessary to govern the requirements for
licenses and endorsements under this Section.
(1) Professional Educator License. Persons who (i)
have successfully completed an approved educator
preparation program and are recommended for licensure by
the Illinois institution offering the educator preparation
program, (ii) have successfully completed the required
testing under Section 21B-30 of this Code, (iii) have
successfully completed coursework on the psychology of,
the identification of, and the methods of instruction for
the exceptional child, including, without limitation,
children with learning disabilities, (iv) have
successfully completed coursework in methods of reading
and reading in the content area, and (v) have met all other
criteria established by rule of the State Board of
Education shall be issued a Professional Educator License.
All Professional Educator Licenses are valid until June 30
immediately following 5 years of the license being issued.
The Professional Educator License shall be endorsed with
specific areas and grade levels in which the individual is
eligible to practice. For an early childhood education
endorsement, an individual may satisfy the student
teaching requirement of his or her early childhood teacher
preparation program through placement in a setting with
children from birth through grade 2, and the individual
may be paid and receive credit while student teaching. The
student teaching experience must meet the requirements of
and be approved by the individual's early childhood
teacher preparation program.
Individuals can receive subsequent endorsements on the
Professional Educator License. Subsequent endorsements
shall require a minimum of 24 semester hours of coursework
in the endorsement area and passage of the applicable
content area test, unless otherwise specified by rule.
(2) Educator License with Stipulations. An Educator
License with Stipulations shall be issued an endorsement
that limits the license holder to one particular position
or does not require completion of an approved educator
program or both.
An individual with an Educator License with
Stipulations must not be employed by a school district or
any other entity to replace any presently employed teacher
who otherwise would not be replaced for any reason.
An Educator License with Stipulations may be issued
with the following endorsements:
(A) (Blank).
(B) Alternative provisional educator. An
alternative provisional educator endorsement on an
Educator License with Stipulations may be issued to an
applicant who, at the time of applying for the
endorsement, has done all of the following:
(i) Graduated from a regionally accredited
college or university with a minimum of a
bachelor's degree.
(ii) Successfully completed the first phase of
the Alternative Educator Licensure Program for
Teachers, as described in Section 21B-50 of this
Code.
(iii) Passed a content area test, as required
under Section 21B-30 of this Code.
The alternative provisional educator endorsement is
valid for 2 years of teaching and may be renewed for a
third year by an individual meeting the requirements set
forth in Section 21B-50 of this Code.
(C) Alternative provisional superintendent. An
alternative provisional superintendent endorsement on
an Educator License with Stipulations entitles the
holder to serve only as a superintendent or assistant
superintendent in a school district's central office.
This endorsement may only be issued to an applicant
who, at the time of applying for the endorsement, has
done all of the following:
(i) Graduated from a regionally accredited
college or university with a minimum of a master's
degree in a management field other than education.
(ii) Been employed for a period of at least 5
years in a management level position in a field
other than education.
(iii) Successfully completed the first phase
of an alternative route to superintendent
endorsement program, as provided in Section 21B-55
of this Code.
(iv) Passed a content area test required under
Section 21B-30 of this Code.
The endorsement is valid for 2 fiscal years in
order to complete one full year of serving as a
superintendent or assistant superintendent.
(D) (Blank).
(E) Career and technical educator. A career and
technical educator endorsement on an Educator License
with Stipulations may be issued to an applicant who
has a minimum of 60 semester hours of coursework from a
regionally accredited institution of higher education
or an accredited trade and technical institution and
has a minimum of 2,000 hours of experience outside of
education in each area to be taught.
The career and technical educator endorsement on
an Educator License with Stipulations is valid until
June 30 immediately following 5 years of the
endorsement being issued and may be renewed.
An individual who holds a valid career and
technical educator endorsement on an Educator License
with Stipulations but does not hold a bachelor's
degree may substitute teach in career and technical
education classrooms.
(F) (Blank).
(G) Transitional bilingual educator. A
transitional bilingual educator endorsement on an
Educator License with Stipulations may be issued for
the purpose of providing instruction in accordance
with Article 14C of this Code to an applicant who
provides satisfactory evidence that he or she meets
all of the following requirements:
(i) Possesses adequate speaking, reading, and
writing ability in the language other than English
in which transitional bilingual education is
offered.
(ii) Has the ability to successfully
communicate in English.
(iii) Either possessed, within 5 years
previous to his or her applying for a transitional
bilingual educator endorsement, a valid and
comparable teaching certificate or comparable
authorization issued by a foreign country or holds
a degree from an institution of higher learning in
a foreign country that the State Educator
Preparation and Licensure Board determines to be
the equivalent of a bachelor's degree from a
regionally accredited institution of higher
learning in the United States.
A transitional bilingual educator endorsement
shall be valid for prekindergarten through grade 12,
is valid until June 30 immediately following 5 years
of the endorsement being issued, and shall not be
renewed.
Persons holding a transitional bilingual educator
endorsement shall not be employed to replace any
presently employed teacher who otherwise would not be
replaced for any reason.
(H) Language endorsement. In an effort to
alleviate the shortage of teachers speaking a language
other than English in the public schools, an
individual who holds an Educator License with
Stipulations may also apply for a language
endorsement, provided that the applicant provides
satisfactory evidence that he or she meets all of the
following requirements:
(i) Holds a transitional bilingual
endorsement.
(ii) Has demonstrated proficiency in the
language for which the endorsement is to be issued
by passing the applicable language content test
required by the State Board of Education.
(iii) Holds a bachelor's degree or higher from
a regionally accredited institution of higher
education or, for individuals educated in a
country other than the United States, holds a
degree from an institution of higher learning in a
foreign country that the State Educator
Preparation and Licensure Board determines to be
the equivalent of a bachelor's degree from a
regionally accredited institution of higher
learning in the United States.
(iv) (Blank).
A language endorsement on an Educator License with
Stipulations is valid for prekindergarten through
grade 12 for the same validity period as the
individual's transitional bilingual educator
endorsement on the Educator License with Stipulations
and shall not be renewed.
(I) Visiting international educator. A visiting
international educator endorsement on an Educator
License with Stipulations may be issued to an
individual who is being recruited by a particular
school district that conducts formal recruitment
programs outside of the United States to secure the
services of qualified teachers and who meets all of
the following requirements:
(i) Holds the equivalent of a minimum of a
bachelor's degree issued in the United States.
(ii) Has been prepared as a teacher at the
grade level for which he or she will be employed.
(iii) Has adequate content knowledge in the
subject to be taught.
(iv) Has an adequate command of the English
language.
A holder of a visiting international educator
endorsement on an Educator License with Stipulations
shall be permitted to teach in bilingual education
programs in the language that was the medium of
instruction in his or her teacher preparation program,
provided that he or she passes the English Language
Proficiency Examination or another test of writing
skills in English identified by the State Board of
Education, in consultation with the State Educator
Preparation and Licensure Board.
A visiting international educator endorsement on
an Educator License with Stipulations is valid for 5
years and shall not be renewed.
(J) Paraprofessional educator. A paraprofessional
educator endorsement on an Educator License with
Stipulations may be issued to an applicant who holds a
high school diploma or its recognized equivalent and
(i) holds an associate's degree or a minimum of 60
semester hours of credit from a regionally accredited
institution of higher education; (ii) has passed a
paraprofessional competency test under subsection
(c-5) of Section 21B-30; or (iii) is at least 18 years
of age and will be using the Educator License with
Stipulations exclusively for grades prekindergarten
through grade 8, until the individual reaches the age
of 19 years and otherwise meets the criteria for a
paraprofessional educator endorsement pursuant to this
subparagraph (J). The paraprofessional educator
endorsement is valid until June 30 immediately
following 5 years of the endorsement being issued and
may be renewed through application and payment of the
appropriate fee, as required under Section 21B-40 of
this Code. An individual who holds only a
paraprofessional educator endorsement is not subject
to additional requirements in order to renew the
endorsement.
(K) Chief school business official. A chief school
business official endorsement on an Educator License
with Stipulations may be issued to an applicant who
qualifies by having a master's degree or higher, 2
years of full-time administrative experience in school
business management or 2 years of university-approved
practical experience, and a minimum of 24 semester
hours of graduate credit in a program approved by the
State Board of Education for the preparation of school
business administrators and by passage of the
applicable State tests, including an applicable
content area test.
The chief school business official endorsement may
also be affixed to the Educator License with
Stipulations of any holder who qualifies by having a
master's degree in business administration, finance,
accounting, or public administration and who completes
an additional 6 semester hours of internship in school
business management from a regionally accredited
institution of higher education and passes the
applicable State tests, including an applicable
content area test. This endorsement shall be required
for any individual employed as a chief school business
official.
The chief school business official endorsement on
an Educator License with Stipulations is valid until
June 30 immediately following 5 years of the
endorsement being issued and may be renewed if the
license holder completes renewal requirements as
required for individuals who hold a Professional
Educator License endorsed for chief school business
official under Section 21B-45 of this Code and such
rules as may be adopted by the State Board of
Education.
The State Board of Education shall adopt any rules
necessary to implement Public Act 100-288.
(L) Provisional in-state educator. A provisional
in-state educator endorsement on an Educator License
with Stipulations may be issued to a candidate who has
completed an Illinois-approved educator preparation
program at an Illinois institution of higher education
and who has not successfully completed an
evidence-based assessment of teacher effectiveness but
who meets all of the following requirements:
(i) Holds at least a bachelor's degree.
(ii) Has completed an approved educator
preparation program at an Illinois institution.
(iii) Has passed an applicable content area
test, as required by Section 21B-30 of this Code.
(iv) Has attempted an evidence-based
assessment of teacher effectiveness and received a
minimum score on that assessment, as established
by the State Board of Education in consultation
with the State Educator Preparation and Licensure
Board.
A provisional in-state educator endorsement on an
Educator License with Stipulations is valid for one
full fiscal year after the date of issuance and may not
be renewed.
(M) (Blank).
(N) Specialized services. A specialized services
endorsement on an Educator License with Stipulations
may be issued as defined and specified by rule.
(O) Provisional career and technical educator. A
provisional career and technical educator endorsement
on an Educator License with Stipulations may be issued
to an applicant who has a minimum of 8,000 hours of
work experience in the skill for which the applicant
is seeking the endorsement. Each employing school
board and regional office of education shall provide
verification, in writing, to the State Superintendent
of Education at the time the application is submitted
that no qualified teacher holding a Professional
Educator License or an Educator License with
Stipulations with a career and technical educator
endorsement is available to teach and that actual
circumstances require such issuance.
A provisional career and technical educator
endorsement on an Educator License with Stipulations
is valid until June 30 immediately following 5 years
of the endorsement being issued and may be renewed.
An individual who holds a provisional career and
technical educator endorsement on an Educator License
with Stipulations may teach as a substitute teacher in
career and technical education classrooms.
(3) Substitute Teaching License. A Substitute Teaching
License may be issued to qualified applicants for
substitute teaching in all grades of the public schools,
prekindergarten through grade 12. Substitute Teaching
Licenses are not eligible for endorsements. Applicants for
a Substitute Teaching License must hold a bachelor's
degree or higher from a regionally accredited institution
of higher education or must be enrolled in an approved
educator preparation program in this State and have earned
at least 90 credit hours.
Substitute Teaching Licenses are valid for 5 years.
Substitute Teaching Licenses are valid for substitute
teaching in every county of this State. If an individual
has had his or her Professional Educator License or
Educator License with Stipulations suspended or revoked,
then that individual is not eligible to obtain a
Substitute Teaching License.
A substitute teacher may only teach in the place of a
licensed teacher who is under contract with the employing
board. If, however, there is no licensed teacher under
contract because of an emergency situation, then a
district may employ a substitute teacher for no longer
than 30 calendar days per each vacant position in the
district if the district notifies the appropriate regional
office of education within 5 business days after the
employment of the substitute teacher in that vacant
position. A district may continue to employ that same
substitute teacher in that same vacant position for 90
calendar days or until the end of the semester, whichever
is greater, if, prior to the expiration of the
30-calendar-day period then current, the district files a
written request with the appropriate regional office of
education for a 30-calendar-day extension on the basis
that the position remains vacant and the district
continues to actively seek qualified candidates and
provides documentation that it has provided training
specific to the position, including training on meeting
the needs of students with disabilities and English
learners if applicable. Each extension request shall be
granted in writing by the regional office of education. An
emergency situation is one in which an unforeseen vacancy
has occurred and (i) a teacher is unexpectedly unable to
fulfill his or her contractual duties or (ii) teacher
capacity needs of the district exceed previous indications
or vacancies are unfilled due to a lack of qualified
candidates, and the district is actively engaged in
advertising to hire a fully licensed teacher for the
vacant position.
There is no limit on the number of days that a
substitute teacher may teach in a single school district,
provided that no substitute teacher may teach for longer
than 120 days beginning with the 2021-2022 school year
through the 2022-2023 school year, otherwise 90 school
days for any one licensed teacher under contract in the
same school year. A substitute teacher who holds a
Professional Educator License or Educator License with
Stipulations shall not teach for more than 120 school days
for any one licensed teacher under contract in the same
school year. The limitations in this paragraph (3) on the
number of days a substitute teacher may be employed do not
apply to any school district operating under Article 34 of
this Code.
A school district may not require an individual who
holds a valid Professional Educator License or Educator
License with Stipulations to seek or hold a Substitute
Teaching License to teach as a substitute teacher.
(4) Short-Term Substitute Teaching License. Beginning
on July 1, 2018 and until June 30, 2028, applicants may
apply to the State Board of Education for issuance of a
Short-Term Substitute Teaching License. A Short-Term
Substitute Teaching License may be issued to a qualified
applicant for substitute teaching in all grades of the
public schools, prekindergarten through grade 12.
Short-Term Substitute Teaching Licenses are not eligible
for endorsements. Applicants for a Short-Term Substitute
Teaching License must hold an associate's degree or have
completed at least 60 credit hours from a regionally
accredited institution of higher education.
Short-Term Substitute Teaching Licenses are valid for
substitute teaching in every county of this State. If an
individual has had his or her Professional Educator
License or Educator License with Stipulations suspended or
revoked, then that individual is not eligible to obtain a
Short-Term Substitute Teaching License.
The provisions of Sections 10-21.9 and 34-18.5 of this
Code apply to short-term substitute teachers.
An individual holding a Short-Term Substitute Teaching
License may teach no more than 15 consecutive days per
licensed teacher who is under contract. For teacher
absences lasting 6 or more days per licensed teacher who
is under contract, a school district may not hire an
individual holding a Short-Term Substitute Teaching
License, unless the Governor has declared a disaster due
to a public health emergency pursuant to Section 7 of the
Illinois Emergency Management Agency Act. An individual
holding a Short-Term Substitute Teaching License must
complete the training program under Section 10-20.67 or
34-18.60 of this Code to be eligible to teach at a public
school. Short-Term Substitute Teaching Licenses Short-term
substitute teaching licenses under this Section are valid
for 5 years.
(Source: P.A. 102-711, eff. 1-1-23; 102-712, eff. 4-27-22;
102-713, eff. 1-1-23; 102-717, eff. 4-29-22; 102-894, eff.
5-20-22; 103-111, eff. 6-29-23; 103-154, eff. 6-30-23;
103-193, eff. 1-1-24; revised 9-7-23.)
(105 ILCS 5/22-96)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 22-96 22-95. Hiring or assigning priority.
(a) When hiring or assigning physical education, music,
and visual arts educators, a school district must prioritize
the hiring or assigning of educators who hold an educator
license and endorsement in the those content area to be taught
areas.
(b) A licensed professional educator assigned to physical
education, music, or visual arts who does not hold an
endorsement in the content area to be taught licensure
applicant must acquire short-term approval under Part 25 of
Title 23 of the Illinois Administrative Code by the State
Board of Education pass the licensure content area test for
the content area he or she is assigned to teach or complete at
least 9 semester hours of coursework in the content area to be
taught prior to his or her assignment or employment start
date. If no short-term approval is available in the content
area to be taught, the licensed educator shall meet equivalent
criteria specified by the State Board of Education. In order
to retain his or her employment for subsequent school years,
the educator employee must acquire the full endorsement in the
content area to be taught prior to the end of the validity
period of the short-term approval complete the remaining hours
of coursework in the content area in which he or she is
teaching and apply for a license endorsement within 3 calendar
years after his or her employment start date.
(c) In the case of a reduction in force, a school district
may follow its employee contract language for filling
positions.
(d) Instead of holding the credentials specified in
subsection (a) or (b) of this Section, an educator assigned to
a position under this Section may meet any requirements set
forth under Title 23 of the Illinois Administrative Code as
applicable to the content area to be taught, except that
subsection (b) of Section 1.710 of Title 23 of the Illinois
Administrative Code does not apply to an educator assigned to
a position under this subsection (d).
(Source: P.A. 103-46, eff. 1-1-24; revised 9-25-23.)
(105 ILCS 5/27-20.3) (from Ch. 122, par. 27-20.3)
Sec. 27-20.3. Holocaust and Genocide Study.
(a) Every public elementary school and high school shall
include in its curriculum a unit of instruction studying the
events of the Nazi atrocities of 1933 to 1945. This period in
world history is known as the Holocaust, during which
6,000,000 Jews and millions of non-Jews were exterminated. One
of the universal lessons of the Holocaust is that national,
ethnic, racial, or religious hatred can overtake any nation or
society, leading to calamitous consequences. To reinforce that
lesson, such curriculum shall include an additional unit of
instruction studying other acts of genocide across the globe.
This unit shall include, but not be limited to, the Native
American genocide in North America, the Armenian Genocide, the
Famine-Genocide in Ukraine, and more recent atrocities in
Cambodia, Bosnia, Rwanda, and Sudan. The studying of this
material is a reaffirmation of the commitment of free peoples
from all nations to never again permit the occurrence of
another Holocaust and a recognition that crimes of genocide
continue to be perpetrated across the globe as they have been
in the past and to deter indifference to crimes against
humanity and human suffering wherever they may occur.
(b) The State Superintendent of Education may prepare and
make available to all school boards instructional materials
which may be used as guidelines for development of a unit of
instruction under this Section; provided, however, that each
school board shall itself determine the minimum amount of
instruction time which shall qualify as a unit of instruction
satisfying the requirements of this Section.
Instructional materials that include the addition of
content related to the Native American genocide in North
America shall be prepared and made available to all school
boards on the State Board of Education's Internet website no
later than July 1, 2024 January 1, 2025. Notwithstanding
subsection (a) of this Section, a school is not required to
teach the additional content related to the Native American
genocide in North America until instructional materials are
made available on the State Board's Internet website.
Instructional materials related to the Native American
genocide in North America shall be developed in consultation
with members of the Chicago American Indian Community
Collaborative who are members of a federally recognized tribe,
are documented descendants of Indigenous communities, or are
other persons recognized as contributing community members by
the Chicago American Indian Community Collaborative and who
currently reside in this State or their designees.
(Source: P.A. 103-422, eff. 8-4-23.)
(105 ILCS 5/27-21) (from Ch. 122, par. 27-21)
Sec. 27-21. History of United States.
(a) History of the United States shall be taught in all
public schools and in all other educational institutions in
this State supported or maintained, in whole or in part, by
public funds.
The teaching of history shall have as one of its
objectives the imparting to pupils of a comprehensive idea of
our democratic form of government and the principles for which
our government stands as regards other nations, including the
studying of the place of our government in world-wide
movements and the leaders thereof, with particular stress upon
the basic principles and ideals of our representative form of
government.
The teaching of history shall include a study of the role
and contributions of African Americans and other ethnic
groups, including, but not restricted to, Native Americans,
Polish, Lithuanian, German, Hungarian, Irish, Bohemian,
Russian, Albanian, Italian, Czech, Slovak, French, Scots,
Hispanics, Asian Americans, etc., in the history of this
country and this State. To reinforce the study of the role and
contributions of Hispanics, such curriculum shall include the
study of the events related to the forceful removal and
illegal deportation of Mexican-American U.S. citizens during
the Great Depression.
The teaching of history shall also include teaching about
Native American nations' sovereignty and self-determination,
both historically and in the present day, with a focus on urban
Native Americans.
In public schools only, the teaching of history shall
include a study of the roles and contributions of lesbian,
gay, bisexual, and transgender people in the history of this
country and this State.
The teaching of history also shall include a study of the
role of labor unions and their interaction with government in
achieving the goals of a mixed free enterprise system.
Beginning with the 2020-2021 school year, the teaching of
history must also include instruction on the history of
Illinois.
The teaching of history shall include the contributions
made to society by Americans of different faith practices,
including, but not limited to, Native Americans, Muslim
Americans, Jewish Americans, Christian Americans, Hindu
Americans, Sikh Americans, Buddhist Americans, and any other
collective community of faith that has shaped America.
(b) No pupils shall be graduated from the eighth grade of
any public school unless the pupils have received instruction
in the history of the United States as provided in this Section
and give evidence of having a comprehensive knowledge thereof,
which may be administered remotely.
(c) The State Superintendent of Education may prepare and
make available to all school boards instructional materials
that may be used as guidelines for the development of
instruction under this Section; however, each school board
shall itself determine the minimum amount of instructional
time required for satisfying the requirements of this Section.
Instructional materials that include the addition of content
related to Native Americans shall be prepared by the State
Superintendent of Education and made available to all school
boards on the State Board of Education's Internet website no
later than July 1, 2024 January 1, 2025. These instructional
materials may be used by school boards as guidelines for the
development of instruction under this Section; however, each
school board shall itself determine the minimum amount of
instructional time for satisfying the requirements of this
Section. Notwithstanding subsections (a) and (b) of this
Section, a school or other educational institution is not
required to teach and a pupil is not required to learn the
additional content related to Native Americans until
instructional materials are made available on the State
Board's Internet website.
Instructional materials related to Native Americans shall
be developed in consultation with members of the Chicago
American Indian Community Collaborative who are members of a
federally recognized tribe, are documented descendants of
Indigenous communities, or are other persons recognized as
contributing community members by the Chicago American Indian
Community Collaborative and who currently reside in this
State.
(Source: P.A. 102-411, eff. 1-1-22; 103-422, eff. 8-4-23.)
Section 45. The Child Care Act of 1969 is amended by
changing Sections 2.06 and 2.17 and by adding Section 2.35 as
follows:
(225 ILCS 10/2.06) (from Ch. 23, par. 2212.06)
Sec. 2.06. "Child care institution" means a child care
facility where more than 7 children are received and
maintained for the purpose of providing them with care or
training or both. The term "child care institution" includes
residential schools, primarily serving ambulatory children
with disabilities, and those operating a full calendar year,
but does not include:
(a) any State-operated institution for child care
established by legislative action;
(b) any juvenile detention or shelter care home
established and operated by any county or child protection
district established under the "Child Protection Act";
(c) any institution, home, place or facility operating
under a license pursuant to the Nursing Home Care Act, the
Specialized Mental Health Rehabilitation Act of 2013, the
ID/DD Community Care Act, or the MC/DD Act;
(d) any bona fide boarding school in which children
are primarily taught branches of education corresponding
to those taught in public schools, grades one through 12,
or taught in public elementary schools, high schools, or
both elementary and high schools, and which operates on a
regular academic school year basis; or
(e) any facility licensed as a "group home" as defined
in this Act; or .
(f) any qualified residential treatment program.
(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15;
99-180, eff. 7-29-15; 99-642, eff. 7-28-16.)
(225 ILCS 10/2.17) (from Ch. 23, par. 2212.17)
Sec. 2.17. "Foster family home" means the home of an
individual or family:
(1) that is licensed or approved by the state in which it
is situated as a foster family home that meets the standards
established for the licensing or approval; and
(2) in which a child in foster care has been placed in the
care of an individual who resides with the child and who has
been licensed or approved by the state to be a foster parent
and:
(A) who the Department of Children and Family Services
deems capable of adhering to the reasonable and prudent
parent standard;
(B) who provides 24-hour substitute care for children
placed away from their parents or other caretakers; and
(3) who provides the care for a facility for child care in
residences of families who receive no more than 6 children
unrelated to them, unless all the children are of common
parentage, or residences of relatives who receive no more than
6 related children placed by the Department, unless the
children are of common parentage, for the purpose of providing
family care and training for the children on a full-time
basis, except the Director of Children and Family Services,
pursuant to Department regulations, may waive the numerical
limitation of foster children who may be cared for in a foster
family home for any of the following reasons to allow: (i) (1)
a parenting youth in foster care to remain with the child of
the parenting youth; (ii) (2) siblings to remain together;
(iii) (3) a child with an established meaningful relationship
with the family to remain with the family; or (iv) (4) a family
with special training or skills to provide care to a child who
has a severe disability. The family's or relative's own
children, under 18 years of age, shall be included in
determining the maximum number of children served.
For purposes of this Section, a "relative" includes any
person, 21 years of age or over, other than the parent, who (i)
is currently related to the child in any of the following ways
by blood or adoption: grandparent, sibling, great-grandparent,
uncle, aunt, nephew, niece, first cousin, great-uncle, or
great-aunt; or (ii) is the spouse of such a relative; or (iii)
is a child's step-father, step-mother, or adult step-brother
or step-sister; or (iv) is a fictive kin; "relative" also
includes a person related in any of the foregoing ways to a
sibling of a child, even though the person is not related to
the child, when the child and its sibling are placed together
with that person. For purposes of placement of children
pursuant to Section 7 of the Children and Family Services Act
and for purposes of licensing requirements set forth in
Section 4 of this Act, for children under the custody or
guardianship of the Department pursuant to the Juvenile Court
Act of 1987, after a parent signs a consent, surrender, or
waiver or after a parent's rights are otherwise terminated,
and while the child remains in the custody or guardianship of
the Department, the child is considered to be related to those
to whom the child was related under this Section prior to the
signing of the consent, surrender, or waiver or the order of
termination of parental rights.
The term "foster family home" includes homes receiving
children from any State-operated institution for child care;
or from any agency established by a municipality or other
political subdivision of the State of Illinois authorized to
provide care for children outside their own homes. The term
"foster family home" does not include an "adoption-only home"
as defined in Section 2.23 of this Act. The types of foster
family homes are defined as follows:
(a) "Boarding home" means a foster family home which
receives payment for regular full-time care of a child or
children.
(b) "Free home" means a foster family home other than
an adoptive home which does not receive payments for the
care of a child or children.
(c) "Adoptive home" means a foster family home which
receives a child or children for the purpose of adopting
the child or children, but does not include an
adoption-only home.
(d) "Work-wage home" means a foster family home which
receives a child or children who pay part or all of their
board by rendering some services to the family not
prohibited by the Child Labor Law or by standards or
regulations of the Department prescribed under this Act.
The child or children may receive a wage in connection
with the services rendered the foster family.
(e) "Agency-supervised home" means a foster family
home under the direct and regular supervision of a
licensed child welfare agency, of the Department of
Children and Family Services, of a circuit court, or of
any other State agency which has authority to place
children in child care facilities, and which receives no
more than 8 children, unless of common parentage, who are
placed and are regularly supervised by one of the
specified agencies.
(f) "Independent home" means a foster family home,
other than an adoptive home, which receives no more than 4
children, unless of common parentage, directly from
parents, or other legally responsible persons, by
independent arrangement and which is not subject to direct
and regular supervision of a specified agency except as
such supervision pertains to licensing by the Department.
(g) "Host home" means an emergency foster family home
under the direction and regular supervision of a licensed
child welfare agency, contracted to provide short-term
crisis intervention services to youth served under the
Comprehensive Community-Based Youth Services program,
under the direction of the Department of Human Services.
The youth shall not be under the custody or guardianship
of the Department pursuant to the Juvenile Court Act of
1987.
(Source: P.A. 101-63, eff. 7-12-19; 102-688, eff. 7-1-22.)
(225 ILCS 10/2.35 new)
Sec. 2.35. Qualified residential treatment program.
"Qualified residential treatment program" means a program
that:
(1) has a trauma-informed treatment model that is
designed to address the needs, including clinical needs as
appropriate, of children with serious emotional or
behavioral disorders or disturbances and, with respect to
a child, is able to implement the treatment identified for
the child by the assessment of the child required under 42
U.S.C. 675a(c);
(2) whether by acquisition of direct employment or
otherwise, has registered or licensed nursing staff and
other licensed clinical staff who:
(A) provide care within the scope of their
practice as defined by law;
(B) are located on-site; and
(C) are available 24 hours a day, 7 days a week;
(3) to the extent appropriate, and in accordance with
the child's best interests, facilitates participation of
family members in the child's treatment program;
(4) facilitates outreach to the family members of the
child, including siblings, documents how the outreach is
made, including contact information, and maintains contact
information for any known biological family and fictive
kin of the child;
(5) documents how family members are integrated into
the treatment process for the child, including
post-discharge, and how sibling connections are
maintained;
(6) provides discharge planning and family-based
aftercare support for at least 6 months post-discharge;
and
(7) is licensed in accordance with this Act and is
accredited by any of the following independent,
not-for-profit organizations:
(A) the Commission on Accreditation of
Rehabilitation Facilities;
(B) the Joint Commission;
(C) the Council on Accreditation; or
(D) any other independent, not-for-profit
accrediting organization approved by the Secretary of
Health and Human Services as described in 42 U.S.C.
672 (k)(4).
Section 50. The Laser System Act of 1997 is amended by
changing Section 16 as follows:
(420 ILCS 56/16)
Sec. 16. Laser safety officers.
(a) Each laser installation whose function is for the use
of a temporary laser display shall use a laser safety officer.
(b) The Agency shall adopt rules specifying minimum
training and experience requirements for laser safety
officers. The requirements shall be specific to the evaluation
and control of laser hazards for different types of laser
systems and the purpose for which a laser system is used.
(c) If a laser safety officer encounters noncompliance
with this Act or rules adopted under this Act in the course of
performing duties as a laser safety officer, then the laser
safety officer shall report that noncompliance to the Agency
as soon as practical to protect public health and safety.
(d) No person may act as a laser safety officer or
advertise or use any title implying qualification as a laser
safety officer unless the person meets the training and
experience requirements of this Act and the training and
experience requirements established by the Agency under
subsection (b).
(Source: P.A. 103-277, eff. 7-28-23.)
Section 55. The Juvenile Court Act of 1987 is amended by
changing Section 1-3 as follows:
(705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
Sec. 1-3. Definitions. Terms used in this Act, unless the
context otherwise requires, have the following meanings
ascribed to them:
(1) "Adjudicatory hearing" means a hearing to determine
whether the allegations of a petition under Section 2-13,
3-15, or 4-12 that a minor under 18 years of age is abused,
neglected, or dependent, or requires authoritative
intervention, or addicted, respectively, are supported by a
preponderance of the evidence or whether the allegations of a
petition under Section 5-520 that a minor is delinquent are
proved beyond a reasonable doubt.
(2) "Adult" means a person 21 years of age or older.
(3) "Agency" means a public or private child care facility
legally authorized or licensed by this State for placement or
institutional care or for both placement and institutional
care.
(4) "Association" means any organization, public or
private, engaged in welfare functions which include services
to or on behalf of children but does not include "agency" as
herein defined.
(4.05) Whenever a "best interest" determination is
required, the following factors shall be considered in the
context of the child's age and developmental needs:
(a) the physical safety and welfare of the child,
including food, shelter, health, and clothing;
(b) the development of the child's identity;
(c) the child's background and ties, including
familial, cultural, and religious;
(d) the child's sense of attachments, including:
(i) where the child actually feels love,
attachment, and a sense of being valued (as opposed to
where adults believe the child should feel such love,
attachment, and a sense of being valued);
(ii) the child's sense of security;
(iii) the child's sense of familiarity;
(iv) continuity of affection for the child;
(v) the least disruptive placement alternative for
the child;
(e) the child's wishes and long-term goals;
(f) the child's community ties, including church,
school, and friends;
(g) the child's need for permanence which includes the
child's need for stability and continuity of relationships
with parent figures and with siblings and other relatives;
(h) the uniqueness of every family and child;
(i) the risks attendant to entering and being in
substitute care; and
(j) the preferences of the persons available to care
for the child.
(4.1) "Chronic truant" shall have the definition ascribed
to it in Section 26-2a of the School Code.
(5) "Court" means the circuit court in a session or
division assigned to hear proceedings under this Act.
(6) "Dispositional hearing" means a hearing to determine
whether a minor should be adjudged to be a ward of the court,
and to determine what order of disposition should be made in
respect to a minor adjudged to be a ward of the court.
(6.5) "Dissemination" or "disseminate" means to publish,
produce, print, manufacture, distribute, sell, lease, exhibit,
broadcast, display, transmit, or otherwise share information
in any format so as to make the information accessible to
others.
(7) "Emancipated minor" means any minor 16 years of age or
over who has been completely or partially emancipated under
the Emancipation of Minors Act or under this Act.
(7.03) "Expunge" means to physically destroy the records
and to obliterate the minor's name from any official index,
public record, or electronic database.
(7.05) "Foster parent" includes a relative caregiver
selected by the Department of Children and Family Services to
provide care for the minor.
(8) "Guardianship of the person" of a minor means the duty
and authority to act in the best interests of the minor,
subject to residual parental rights and responsibilities, to
make important decisions in matters having a permanent effect
on the life and development of the minor and to be concerned
with the minor's general welfare. It includes but is not
necessarily limited to:
(a) the authority to consent to marriage, to
enlistment in the armed forces of the United States, or to
a major medical, psychiatric, and surgical treatment; to
represent the minor in legal actions; and to make other
decisions of substantial legal significance concerning the
minor;
(b) the authority and duty of reasonable visitation,
except to the extent that these have been limited in the
best interests of the minor by court order;
(c) the rights and responsibilities of legal custody
except where legal custody has been vested in another
person or agency; and
(d) the power to consent to the adoption of the minor,
but only if expressly conferred on the guardian in
accordance with Section 2-29, 3-30, or 4-27.
(8.1) "Juvenile court record" includes, but is not limited
to:
(a) all documents filed in or maintained by the
juvenile court pertaining to a specific incident,
proceeding, or individual;
(b) all documents relating to a specific incident,
proceeding, or individual made available to or maintained
by probation officers;
(c) all documents, video or audio tapes, photographs,
and exhibits admitted into evidence at juvenile court
hearings; or
(d) all documents, transcripts, records, reports, or
other evidence prepared by, maintained by, or released by
any municipal, county, or State agency or department, in
any format, if indicating involvement with the juvenile
court relating to a specific incident, proceeding, or
individual.
(8.2) "Juvenile law enforcement record" includes records
of arrest, station adjustments, fingerprints, probation
adjustments, the issuance of a notice to appear, or any other
records or documents maintained by any law enforcement agency
relating to a minor suspected of committing an offense, and
records maintained by a law enforcement agency that identifies
a juvenile as a suspect in committing an offense, but does not
include records identifying a juvenile as a victim, witness,
or missing juvenile and any records created, maintained, or
used for purposes of referral to programs relating to
diversion as defined in subsection (6) of Section 5-105.
(9) "Legal custody" means the relationship created by an
order of court in the best interests of the minor which imposes
on the custodian the responsibility of physical possession of
a minor and the duty to protect, train and discipline the minor
and to provide the minor with food, shelter, education, and
ordinary medical care, except as these are limited by residual
parental rights and responsibilities and the rights and
responsibilities of the guardian of the person, if any.
(9.1) "Mentally capable adult relative" means a person 21
years of age or older who is not suffering from a mental
illness that prevents the person from providing the care
necessary to safeguard the physical safety and welfare of a
minor who is left in that person's care by the parent or
parents or other person responsible for the minor's welfare.
(10) "Minor" means a person under the age of 21 years
subject to this Act.
(11) "Parent" means a father or mother of a child and
includes any adoptive parent. It also includes a person (i)
whose parentage is presumed or has been established under the
law of this or another jurisdiction or (ii) who has registered
with the Putative Father Registry in accordance with Section
12.1 of the Adoption Act and whose paternity has not been ruled
out under the law of this or another jurisdiction. It does not
include a parent whose rights in respect to the minor have been
terminated in any manner provided by law. It does not include a
person who has been or could be determined to be a parent under
the Illinois Parentage Act of 1984 or the Illinois Parentage
Act of 2015, or similar parentage law in any other state, if
that person has been convicted of or pled nolo contendere to a
crime that resulted in the conception of the child under
Section 11-1.20, 11-1.30, 11-1.40, 11-11, 12-13, 12-14,
12-14.1, subsection (a) or (b) (but not subsection (c)) of
Section 11-1.50 or 12-15, or subsection (a), (b), (c), (e), or
(f) (but not subsection (d)) of Section 11-1.60 or 12-16 of the
Criminal Code of 1961 or the Criminal Code of 2012, or similar
statute in another jurisdiction unless upon motion of any
party, other than the offender, to the juvenile court
proceedings the court finds it is in the child's best interest
to deem the offender a parent for purposes of the juvenile
court proceedings.
(11.1) "Permanency goal" means a goal set by the court as
defined in subdivision (2) of Section 2-28.
(11.2) "Permanency hearing" means a hearing to set the
permanency goal and to review and determine (i) the
appropriateness of the services contained in the plan and
whether those services have been provided, (ii) whether
reasonable efforts have been made by all the parties to the
service plan to achieve the goal, and (iii) whether the plan
and goal have been achieved.
(12) "Petition" means the petition provided for in Section
2-13, 3-15, 4-12, or 5-520, including any supplemental
petitions thereunder in Section 3-15, 4-12, or 5-520.
(12.1) "Physically capable adult relative" means a person
21 years of age or older who does not have a severe physical
disability or medical condition, or is not suffering from
alcoholism or drug addiction, that prevents the person from
providing the care necessary to safeguard the physical safety
and welfare of a minor who is left in that person's care by the
parent or parents or other person responsible for the minor's
welfare.
(12.2) "Post Permanency Sibling Contact Agreement" has the
meaning ascribed to the term in Section 7.4 of the Children and
Family Services Act.
(12.3) "Residential treatment center" means a licensed
setting that provides 24-hour care to children in a group home
or institution, including a facility licensed as a child care
institution under Section 2.06 of the Child Care Act of 1969, a
licensed group home under Section 2.16 of the Child Care Act of
1969, a qualified residential treatment program under Section
2.35 of the Child Care Act of 1969, a secure child care
facility as defined in paragraph (18) of this Section, or any
similar facility in another state. "Residential treatment
center" does not include a relative foster home or a licensed
foster family home.
(13) "Residual parental rights and responsibilities" means
those rights and responsibilities remaining with the parent
after the transfer of legal custody or guardianship of the
person, including, but not necessarily limited to, the right
to reasonable visitation (which may be limited by the court in
the best interests of the minor as provided in subsection
(8)(b) of this Section), the right to consent to adoption, the
right to determine the minor's religious affiliation, and the
responsibility for the minor's support.
(14) "Shelter" means the temporary care of a minor in
physically unrestricting facilities pending court disposition
or execution of court order for placement.
(14.05) "Shelter placement" means a temporary or emergency
placement for a minor, including an emergency foster home
placement.
(14.1) "Sibling Contact Support Plan" has the meaning
ascribed to the term in Section 7.4 of the Children and Family
Services Act.
(14.2) "Significant event report" means a written document
describing an occurrence or event beyond the customary
operations, routines, or relationships in the Department of
Children of Family Services, a child care facility, or other
entity that is licensed or regulated by the Department of
Children of Family Services or that provides services for the
Department of Children of Family Services under a grant,
contract, or purchase of service agreement; involving children
or youth, employees, foster parents, or relative caregivers;
allegations of abuse or neglect or any other incident raising
a concern about the well-being of a minor under the
jurisdiction of the court under Article II of the Juvenile
Court Act of 1987; incidents involving damage to property,
allegations of criminal activity, misconduct, or other
occurrences affecting the operations of the Department of
Children of Family Services or a child care facility; any
incident that could have media impact; and unusual incidents
as defined by Department of Children and Family Services rule.
(15) "Station adjustment" means the informal handling of
an alleged offender by a juvenile police officer.
(16) "Ward of the court" means a minor who is so adjudged
under Section 2-22, 3-23, 4-20, or 5-705, after a finding of
the requisite jurisdictional facts, and thus is subject to the
dispositional powers of the court under this Act.
(17) "Juvenile police officer" means a sworn police
officer who has completed a Basic Recruit Training Course, has
been assigned to the position of juvenile police officer by
the officer's chief law enforcement officer and has completed
the necessary juvenile officers training as prescribed by the
Illinois Law Enforcement Training Standards Board, or in the
case of a State police officer, juvenile officer training
approved by the Director of the Illinois State Police.
(18) "Secure child care facility" means any child care
facility licensed by the Department of Children and Family
Services to provide secure living arrangements for children
under 18 years of age who are subject to placement in
facilities under the Children and Family Services Act and who
are not subject to placement in facilities for whom standards
are established by the Department of Corrections under Section
3-15-2 of the Unified Code of Corrections. "Secure child care
facility" also means a facility that is designed and operated
to ensure that all entrances and exits from the facility, a
building, or a distinct part of the building are under the
exclusive control of the staff of the facility, whether or not
the child has the freedom of movement within the perimeter of
the facility, building, or distinct part of the building.
(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23;
revised 9-20-23.)
Section 60. The Crime Victims Compensation Act is amended
by changing Sections 2 and 10.1 as follows:
(740 ILCS 45/2)
Sec. 2. Definitions. As used in this Act, unless the
context otherwise requires:
(a) "Applicant" means any of the following claiming
compensation under this Act: a victim, a person who was a
dependent of a deceased victim of a crime of violence for the
person's support at the time of the death of that victim, a
person who legally assumes the obligation or who voluntarily
pays the medical or the funeral or burial expenses incurred as
a direct result of the crime, and any other person who applies
for compensation under this Act or any person the Court of
Claims or the Attorney General finds is entitled to
compensation, including the guardian of a minor or of a person
under legal disability. It includes any person who was a
dependent of a deceased victim of a crime of violence for his
or her support at the time of the death of that victim.
The changes made to this subsection by Public Act 101-652
apply to actions commenced or pending on or after January 1,
2022.
(b) "Court of Claims" means the Court of Claims created by
the Court of Claims Act.
(c) "Crime of violence" means and includes any offense
defined in Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1,
10-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-23, 11-23.5,
12-1, 12-2, 12-3, 12-3.1, 12-3.2, 12-3.3, 12-3.4, 12-4,
12-4.1, 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13,
12-14, 12-14.1, 12-15, 12-16, 12-20.5, 12-30, 20-1 or 20-1.1,
or Section 12-3.05 except for subdivision (a)(4) or (g)(1), or
subdivision (a)(4) of Section 11-14.4, of the Criminal Code of
1961 or the Criminal Code of 2012, Sections 1(a) and 1(a-5) of
the Cemetery Protection Act, Section 125 of the Stalking No
Contact Order Act, Section 219 of the Civil No Contact Order
Act, driving under the influence as defined in Section 11-501
of the Illinois Vehicle Code, a violation of Section 11-401 of
the Illinois Vehicle Code, provided the victim was a
pedestrian or was operating a vehicle moved solely by human
power or a mobility device at the time of contact, and a
violation of Section 11-204.1 of the Illinois Vehicle Code; so
long as the offense did not occur during a civil riot,
insurrection or rebellion. "Crime of violence" does not
include any other offense or crash involving a motor vehicle
except those vehicle offenses specifically provided for in
this paragraph. "Crime of violence" does include all of the
offenses specifically provided for in this paragraph that
occur within this State but are subject to federal
jurisdiction and crimes involving terrorism as defined in 18
U.S.C. 2331.
(d) "Victim" means (1) a person killed or injured in this
State as a result of a crime of violence perpetrated or
attempted against him or her, (2) the spouse, parent, or child
of a person killed or injured in this State as a result of a
crime of violence perpetrated or attempted against the person,
or anyone living in the household of a person killed or injured
in a relationship that is substantially similar to that of a
parent, spouse, or child, (3) a person killed or injured in
this State while attempting to assist a person against whom a
crime of violence is being perpetrated or attempted, if that
attempt of assistance would be expected of a reasonable person
under the circumstances, (4) a person killed or injured in
this State while assisting a law enforcement official
apprehend a person who has perpetrated a crime of violence or
prevent the perpetration of any such crime if that assistance
was in response to the express request of the law enforcement
official, (5) a person who personally witnessed a violent
crime, (5.05) a person who will be called as a witness by the
prosecution to establish a necessary nexus between the
offender and the violent crime, (5.1) solely for the purpose
of compensating for pecuniary loss incurred for psychological
treatment of a mental or emotional condition caused or
aggravated by the crime, any other person under the age of 18
who is the brother, sister, half brother, or half sister of a
person killed or injured in this State as a result of a crime
of violence, (6) an Illinois resident who is a victim of a
"crime of violence" as defined in this Act except, if the crime
occurred outside this State, the resident has the same rights
under this Act as if the crime had occurred in this State upon
a showing that the state, territory, country, or political
subdivision of a country in which the crime occurred does not
have a compensation of victims of crimes law for which that
Illinois resident is eligible, (7) the parent, spouse, or
child of a deceased person whose body is dismembered or whose
remains are desecrated as the result of a crime of violence, or
(8) (blank) solely for the purpose of compensating for
pecuniary loss incurred for psychological treatment of a
mental or emotional condition caused or aggravated by the
crime, any parent, spouse, or child under the age of 18 of a
deceased person whose body is dismembered or whose remains are
desecrated as the result of a crime of violence.
(e) "Dependent" means a relative of a deceased victim who
was wholly or partially dependent upon the victim's income at
the time of his or her death and shall include the child of a
victim born after his or her death.
(f) "Relative" means a spouse, parent, grandparent,
stepfather, stepmother, child, grandchild, brother,
brother-in-law, sister, sister-in-law, half brother, half
sister, spouse's parent, nephew, niece, uncle, aunt, or anyone
living in the household of a person killed or injured in a
relationship that is substantially similar to that of a
parent, spouse, or child.
(g) "Child" means a son or daughter and includes a
stepchild, an adopted child or a child born out of wedlock.
(h) "Pecuniary loss" means: ,
(1) in the case of injury, appropriate medical
expenses and hospital expenses including expenses of
medical examinations, rehabilitation, medically required
nursing care expenses, appropriate psychiatric care or
psychiatric counseling expenses, appropriate expenses for
care or counseling by a licensed clinical psychologist,
licensed clinical social worker, licensed professional
counselor, or licensed clinical professional counselor and
expenses for treatment by Christian Science practitioners
and nursing care appropriate thereto;
(2) transportation expenses to and from medical and
counseling treatment facilities;
(3) prosthetic appliances, eyeglasses, and hearing
aids necessary or damaged as a result of the crime;
(4) expenses incurred for the towing and storage of a
victim's vehicle in connection with a crime of violence,
to a maximum of $1,000;
(5) costs associated with trafficking tattoo removal
by a person authorized or licensed to perform the specific
removal procedure;
(6) replacement costs for clothing and bedding used as
evidence;
(7) costs associated with temporary lodging or
relocation necessary as a result of the crime, including,
but not limited to, the first 2 months' month's rent and
security deposit of the dwelling that the claimant
relocated to and other reasonable relocation expenses
incurred as a result of the violent crime;
(8) locks or windows necessary or damaged as a result
of the crime;
(9) the purchase, lease, or rental of equipment
necessary to create usability of and accessibility to the
victim's real and personal property, or the real and
personal property which is used by the victim, necessary
as a result of the crime; "real and personal property"
includes, but is not limited to, vehicles, houses,
apartments, townhouses, or condominiums;
(10) the costs of appropriate crime scene clean-up;
(11) replacement services loss, to a maximum of $1,250
per month, with this amount to be divided in proportion to
the amount of the actual loss among those entitled to
compensation;
(12) dependents replacement services loss, to a
maximum of $1,250 per month, with this amount to be
divided in proportion to the amount of the actual loss
among those entitled to compensation;
(13) loss of tuition paid to attend grammar school or
high school when the victim had been enrolled as a student
prior to the injury, or college or graduate school when
the victim had been enrolled as a day or night student
prior to the injury when the victim becomes unable to
continue attendance at school as a result of the crime of
violence perpetrated against him or her;
(14) loss of earnings, loss of future earnings because
of disability resulting from the injury. Loss of future
earnings shall be reduced by any income from substitute
work actually performed by the victim or by income the
victim would have earned in available appropriate
substitute work the victim was capable of performing but
unreasonably failed to undertake; loss of earnings and
loss of future earnings shall be determined on the basis
of the victim's average net monthly earnings for the 6
months immediately preceding the date of the injury or on
$2,400 per month, whichever is less, or, in cases where
the absences commenced more than 3 years from the date of
the crime, on the basis of the net monthly earnings for the
6 months immediately preceding the date of the first
absence, not to exceed $2,400 per month; ,
(15) loss of support of the dependents of the victim.
Loss of support shall be determined on the basis of the
victim's average net monthly earnings for the 6 months
immediately preceding the date of the injury or on $2,400
per month, whichever is less, or, in cases where the
absences commenced more than 3 years from the date of the
crime, on the basis of the net monthly earnings for the 6
months immediately preceding the date of the first
absence, not to exceed $2,400 per month. If a divorced or
legally separated applicant is claiming loss of support
for a minor child of the deceased, the amount of support
for each child shall be based either on the amount of
support pursuant to the judgment prior to the date of the
deceased victim's injury or death, or, if the subject of
pending litigation filed by or on behalf of the divorced
or legally separated applicant prior to the injury or
death, on the result of that litigation. Loss of support
for minors shall be divided in proportion to the amount of
the actual loss among those entitled to such compensation;
(16) and, in addition, in the case of death, expenses
for reasonable funeral, burial, and travel and transport
for survivors of homicide victims to secure bodies of
deceased victims and to transport bodies for burial all of
which may be awarded up to a maximum of $10,000 for each
victim. Other individuals that have paid or become
obligated to pay funeral or burial expenses for the
deceased shall share a maximum award of $10,000, with the
award divided in proportion to the amount of the actual
loss among those entitled to compensation; and and loss of
support of the dependents of the victim;
(17) in the case of dismemberment or desecration of a
body, expenses for reasonable funeral and burial, all of
which may be awarded up to a maximum of $10,000 for each
victim. Other individuals that have paid or become
obligated to pay funeral or burial expenses for the
deceased shall share a maximum award of $10,000, with the
award divided in proportion to the amount of the actual
loss among those entitled to compensation. Loss of future
earnings shall be reduced by any income from substitute
work actually performed by the victim or by income he or
she would have earned in available appropriate substitute
work he or she was capable of performing but unreasonably
failed to undertake. Loss of earnings, loss of future
earnings and loss of support shall be determined on the
basis of the victim's average net monthly earnings for the
6 months immediately preceding the date of the injury or
on $2,400 per month, whichever is less or, in cases where
the absences commenced more than 3 years from the date of
the crime, on the basis of the net monthly earnings for the
6 months immediately preceding the date of the first
absence, not to exceed $2,400 per month. If a divorced or
legally separated applicant is claiming loss of support
for a minor child of the deceased, the amount of support
for each child shall be based either on the amount of
support pursuant to the judgment prior to the date of the
deceased victim's injury or death, or, if the subject of
pending litigation filed by or on behalf of the divorced
or legally separated applicant prior to the injury or
death, on the result of that litigation. Real and personal
property includes, but is not limited to, vehicles,
houses, apartments, town houses, or condominiums.
"Pecuniary loss" does not include pain and suffering or
property loss or damage.
The changes made to this subsection by Public Act 101-652
apply to actions commenced or pending on or after January 1,
2022.
(i) "Replacement services loss" means expenses reasonably
incurred in obtaining ordinary and necessary services in lieu
of those the injured person would have performed, not for
income, but for the benefit of himself or herself or his or her
family, if he or she had not been injured.
(j) "Dependents replacement services loss" means loss
reasonably incurred by dependents or private legal guardians
of minor dependents after a victim's death in obtaining
ordinary and necessary services in lieu of those the victim
would have performed, not for income, but for their benefit,
if he or she had not been fatally injured.
(k) "Survivor" means immediate family including a parent,
stepfather, stepmother, child, brother, sister, or spouse.
(l) "Parent" means a natural parent, adopted parent,
stepparent, or permanent legal guardian of another person.
(m) "Trafficking tattoo" is a tattoo which is applied to a
victim in connection with the commission of a violation of
Section 10-9 of the Criminal Code of 2012.
(Source: P.A. 102-27, eff. 6-25-21; 102-905, eff. 1-1-23;
102-982, eff. 7-1-23; 103-154, eff. 6-30-23.)
(740 ILCS 45/10.1) (from Ch. 70, par. 80.1)
Sec. 10.1. Award Amount of compensation. The awarding of
compensation and the amount of compensation to which an
applicant and other persons are entitled shall be based on the
following factors:
(a) Each A victim may be compensated for his or her
pecuniary loss up the maximum amount allowable.
(b) Each A dependent may be compensated for loss of
support, as provided in paragraph (15) of subsection (h)
of Section 2.
(c) Any person, even though not dependent upon the
victim for his or her support, may be compensated for
reasonable expenses of the victim to the extent to which
he or she has paid or become obligated to pay such expenses
and only after compensation for reasonable funeral,
medical and hospital expenses of the victim have been
awarded may compensation be made for reasonable expenses
of the victim incurred for psychological treatment of a
mental or emotional condition caused or aggravated by the
crime. Persons that have paid or become obligated to pay
expenses for a victim shall share the maximum award with
the amount divided in proportion to the amount of the
actual loss among those entitled to compensation.
(d) An award shall be reduced or denied according to
the extent to which the victim's injury or death was
caused by provocation or incitement by the victim or the
victim assisting, attempting, or committing a criminal
act. A denial or reduction shall not automatically bar the
survivors of homicide victims from receiving compensation
for counseling, crime scene cleanup, relocation, funeral
or burial costs, and loss of support if the survivor's
actions have not initiated, provoked, or aggravated the
suspect into initiating the qualifying crime.
(e) An award shall be reduced by the amount of
benefits, payments or awards payable under those sources
which are required to be listed under item (7) of Section
7.1(a) and any other sources except annuities, pension
plans, Federal Social Security payments payable to
dependents of the victim and the net proceeds of the first
$25,000 of life insurance that would inure to the benefit
of the applicant, which the applicant or any other person
dependent for the support of a deceased victim, as the
case may be, has received or to which he or she is entitled
as a result of injury to or death of the victim.
(f) A final award shall not exceed $10,000 for a crime
committed prior to September 22, 1979, $15,000 for a crime
committed on or after September 22, 1979 and prior to
January 1, 1986, $25,000 for a crime committed on or after
January 1, 1986 and prior to August 7, 1998, $27,000 for a
crime committed on or after August 7, 1998 and prior to
August 7, 2022, or $45,000 per victim for a crime
committed on or after August 7, 2022. For any applicant
who is not a victim, if If the total pecuniary loss is
greater than the maximum amount allowed, the award shall
be divided in proportion to the amount of actual loss
among those entitled to compensation who are not victims.
(g) Compensation under this Act is a secondary source
of compensation and the applicant must show that he or she
has exhausted the benefits reasonably available under the
Criminal Victims' Escrow Account Act or any governmental
or medical or health insurance programs, including, but
not limited to, Workers' Compensation, the Federal
Medicare program, the State Public Aid program, Social
Security Administration burial benefits, and Veterans
Administration burial benefits, and life, health,
accident, full vehicle coverage (including towing
insurance, if available), or liability insurance.
(Source: P.A. 102-27, eff. 1-1-22; 102-905, eff. 1-1-23.)
Section 65. The Day and Temporary Labor Services Act is
amended by changing Section 42 as follows:
(820 ILCS 175/42)
Sec. 42. Equal pay for equal work. A day or temporary
laborer who is assigned to work at a third party client for
more than 90 calendar days shall be paid not less than the rate
of pay and equivalent benefits as the lowest paid directly
hired employee of the third party client with the same level of
seniority at the company and performing the same or
substantially similar work on jobs the performance of which
requires substantially similar skill, effort, and
responsibility, and that are performed under similar working
conditions. If there is not a directly hired comparative
employee of the third party client, the day or temporary
laborer shall be paid not less than the rate of pay and
equivalent benefits of the lowest paid direct hired employee
of the company with the closest level of seniority at the
company. A day and temporary labor service agency may pay the
hourly cash equivalent of the actual cost benefits in lieu of
benefits required under this Section. Upon request, a third
party client to which a day or temporary laborer has been
assigned for more than 90 calendar days shall be obligated to
timely provide the day and temporary labor service agency with
all necessary information related to job duties, pay, and
benefits of directly hired employees necessary for the day and
temporary labor service agency to comply with this Section.
The failure by a third party client to provide any of the
information required under this Section shall constitute a
notice violation by the third party client under Section 95.
For purposes of this Section, the day and temporary labor
service agency shall be considered a person aggrieved as
described in Section 95. For the purposes of this Section, the
calculation of the 90 calendar days may not begin until April
1, 2024.
(Source: P.A. 103-437, eff. 8-4-23.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.